The following shall be the procedures used after an application for a conditional use and the required fees have been submitted to the city:
A. The City Planner shall review the completed conditional use application and determine if granting the conditional use would be contrary to the criteria set forth in Section 17.52.040 of this code. Additionally, any application not containing and/or addressing all the information required in Section 17.52.020, shall be rejected, and returned to the applicant with the reasons for rejection.
B. If the City Planner finds the application complies with the application requirements, the City Planner shall present the application along with his/her recommendation concerning the granting of a Conditional Use Permit at the next regularly scheduled Planning Commission meeting that is more than twenty (20) days from when the completed application was submitted. At the meeting, any interested person shall be given a full, fair, and complete opportunity to be heard.
1. After the application is added to the Planning Commission agenda, notice of the application shall be given by sign, mail, and newspaper.
a. Sign: A sign will be furnished by the City Planner and posted by the City Planner or designee. The sign must be posted in plain public view at the property where the conditional use is requested and must be posted no less than ten (10) days prior to the date of the Planning Commission meeting and must remain posted until final action by the Planning Commission is completed. The sign shall comply with SDCL 11-4-4.4.
b. Mail: A minimum of ten (10) days prior to the public hearing, the City Planner shall notify all property owners within two hundred fifty (250) feet from the property boundary line of the property being considered for a Conditional Use Permit. Any adjacent property under the applicant's ownership shall not be considered for measurement of such area, and in such situation, the measurement shall begin at the next contiguous property boundary line. Mail notification shall be given by use of a "Notice of Hearing" form established by the City Planner and shall be sent by First Class Mail.
c. The City Planner will publish legal notice in the local newspaper at least ten (10) days prior to the Planning Commission's meeting.
C. The Planning Commission shall approve or deny the application following a review of the application in accordance with the requirements set forth in Section 17.52.040 of this code. The findings of the Planning Commission shall be documented in a written statement that includes the following:
1. An explanation of whether the criteria listed in Section 17.52.040 of this code has or has not been met. If certain criteria do not apply, an explanation of why it does not comply shall also be provided.
2. A voting record of the Planning Commission and the date of the Planning Commission's action. This information may be included within the regular meeting minutes of the Planning Commission.
3. If the action is to deny the application, the reasons for such action shall be stated in the minutes of the meeting and a specific reference shall be made to the requirements not met.
(Ord. 910 (part), 2024: Ord. 842, 2020: Ord. 805, 2018)