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(a) The Planning Commission shall review the general development plan for the proposed Special Use, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Planning and Zoning Code and in making its determination shall specifically consider the development plan review procedures and criteria (Section 1228.10
); the General Criteria for all Special Uses (Section 1280.02
); the Specific Conditions for Special Uses Section 1280.03
) and, as applicable, Supplemental Regulations for Certain Uses (Section 1280.06
).
(b) The Planning Commission may require the applicant to submit such additional information as deemed necessary, including the carrying out of special studies and the provisions of expert advice.
(Ord. 58-01. Passed 5-29-01; Ord. 76-16. Passed 7-11-16.)
The Planning Commission shall hold a public hearing on the proposed Special Use. Public notice of such public hearing shall be given to the applicant and to the record title holders of property that are immediately adjacent to, adjoining, abutting, or directly across the street from the property on which the special use is proposed. Further notice shall be given in one or more newspapers of general circulation in the city. All notices shall be made at least ten days before the date of the public hearing. All notices shall set forth the time and place of the public hearing and the nature of the proposed Special Use. Failure of delivery of such notice shall not invalidate action taken on such application.
(Ord. 58-01. Passed 5-29-01.)
The Planning Commission shall take one of the following actions:
(a) If the proposed Special Use is determined by the Planning Commission to be appropriate and in conformance with the review criteria outlined in Chapter 1280
, the Planning Commission shall recommend approval of the Special Use permit. As part of the recommendation, the Planning Commission may prescribe appropriate conditions, stipulations, safeguards and limitations on the duration of the use as it may deem necessary and in conformance with the intent and purposes of Chapter 1280
. When making a favorable recommendation for approval to City Council the Planning Commission shall also make a determination, based on the nature and extent of the proposed Special Use, whether the general development plan information submitted pursuant to Section 1230.03
should be considered a final development plan in which case no further action would be required by the Planning Commission. If the Planning Commission does not make such determination, then, subsequent to confirmation of the Special Use permit by Council, a final development plan, pursuant to Section 1228.09
, shall be submitted to the Planning Commission and reviewed and approved pursuant to the applicable provisions of Sections 1228.09
through 1228.18
prior to a building permit being issued.
(b) If the proposed use is found not to comply with the specifications of this Planning and Zoning Code, the Planning Commission shall deny the application. The Planning Commission shall indicate in its minutes the reasons for its action.
(Ord. 58-01. Passed 5-29-01; Ord. 76-16. Passed 7-11-16.)
The recommendation of the Planning Commission shall be submitted to Council for confirmation as follows:
(a) The purpose of Council's review shall be to confirm or deny the recommendation of the Planning Commission.
(b) Council shall act on the recommendation of the Planning Commission according to the following:
(1) Council, by a majority vote, may confirm the recommendation of the Planning Commission; or
(2) Council, by a majority vote, may approve a minor modification of the recommendation of the Planning Commission when the Planning Commission recommends approval or approval with modification; or
(3) Council, by a majority vote, may refer the Special Use application back to the Planning Commission for further study and review; or
(4) Any recommendation by the Planning Commission for approval or approval with modification of the application shall require a majority vote by Council to reject such recommendation and disapprove the application.
(5) Any recommendation by the Planning Commission for denial of the application shall require a vote of two-thirds of the membership of Council to reject such recommendation and approve the application.
(c) Council shall act upon the recommendation of the Planning Commission within three regular meetings of Council. Failure of Council to act within this time frame shall be deemed a confirmation of the Planning Commission's recommendation.
(Ord. 58-01. Passed 5-29-01.)
Following Council’s approval of an application for a Special Use permit, the Zoning Enforcement Officer shall provide a copy of the signed ordinance authorizing the Special Use Permit.
(a) The permit/ordinance shall authorize a particular Special Use on the specific parcel for which it was approved. The permit/ordinance shall be valid only for the use and the operation of such use as specified on the permit. The breach of any condition, safeguard or requirement shall constitute a violation of this Planning and Zoning Code.
(b) The Special Use permit shall expire one year from the date of enactment unless the following occur:
(1) The final development plan is approved for uses that require a final development plan;
(2) Construction in the establishment of the use has begun. Construction is deemed to have begun when all necessary excavation and piers or footings of the structure included in the application have been completed; or
(3) As otherwise specifically approved by the Planning Commission.
(c) Any expansion, enlargement, or change in the operation of the Special Use that involves enlarging buildings or structures, expanding impervious surfaces, including parking areas, or changing the use shall require approval of a separate Special Use permit and revised development plan.
(Ord. 58-01. Passed 5-29-01; Ord. 76-16. Passed 7-11-16.)
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