Loading...
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.)
No re-application for a Special Use permit shall be accepted by the Planning Coordinator until the expiration of six months after the denial, unless the re-application is based on newly discovered evidence, not discoverable at the time of the previous public hearing, sufficient to justify another hearing as determined by the Planning Commission. A re-application shall comply with all the requirements of this chapter, including payment of the required fee.
(Ord. 58-01. Passed 5-29-01; Ord. 76-16. Passed 7-11-16.)
Loading...