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(A) Application for a special use permit, variance, or planned development permit may be initiated by:
(1) A resolution of intention by the commission or city council;
(2) An owner of the affected property or the owner’s designated attorney in fact;
(3) A lessee who holds a lease, the terms of which permit the use applied for, or the lessee’s designated attorney in fact; and
(4) A plaintiff in an action in eminent domain to acquire the property as to which the special use permit, variance or planned development permit is sought.
(B) If an application for a special use permit, variance or planned development permit has been denied, a new application for the same entitlement relating to the same property shall not be accepted within 12 months of the denial. This provision may be waived by a majority of the city council on finding that, by reason of changed physical, legal or sociological circumstances, consideration of a new application for same entitlement would be in the public interest.
(`64 Code, Sec. 34-150) (Ord. No. 917, 1541, 2367, 2445)
(A) Fees for filing an application for a special use permit shall be set by resolution of the city council.
(B) Fees for submitting a project for preliminary review and evaluation by city staff before submitting a formal application shall be set by resolution of the city council.
(C) When an application for any project, including but not limited to a special use permit, a planned development permit, a variance, a map, a zone boundary change or a change of classification or zone uses, requires special evaluation by a consultant or legal counsel or an unusual amount of special study and evaluation by city staff beyond routine analysis, the applicant shall reimburse the city for the cost of such work. The director shall give the applicant a written estimate of such cost, and the applicant shall deposit the amount of such estimate with the director, before any such work is done. If, after work is begun, the director estimates that more costs will be incurred than originally estimated, the director shall give the applicant a revised written estimate and the applicant shall deposit the amount of the revised estimate with the director, deducting deposits previously made. If the final actual cost of the work exceeds the amount so deposited, the applicant shall deposit the remaining costs before the city takes action on the application. If the actual final cost of the work is less than the amount so deposited, the director shall refund the excess deposit after the city takes action on the application or the application is withdrawn.
(`64 Code, Sec. 34-151) (Ord. No. 917, 1060, 1367, 1671)
If for any reason, any hearing cannot be completed on the day set therefor, the presiding commissioner, before adjournment or recess, may continue the hearing by publically announcing the time and place to which the hearing is continued. No other form of notice of such continuance shall be required.
(`64 Code, Sec. 34-152.3) (Ord. No. 917, 1847, 2367, 2445)
(A) Not more than 30 days following the termination of public hearings on an application for a special use permit or a modification or revocation thereof, the commission shall render a decision by written resolution, reciting any findings on which the decision is based and any conditions imposed on the permit, if granted.
(B) A resolution granting or denying an application for a special use permit or modifying or revoking a special use permit or denying an application to modify or revoke a special use permit may not be reconsidered or modified or vacated except as provided hereinafter.
(`64 Code, Sec. 34-153) (Ord. No. 917, 2367, 2445)
(A) Not later than ten days following the day a resolution of decision is adopted, the secretary of the commission shall mail a copy of the resolution to the applicant at the address appearing on the application or such other address as is designated in writing by the applicant.
(B) With such resolution the secretary of the commission shall mail a copy of section 16-545, setting forth the procedure for an applicant to appeal the decision.
(`64 Code, Sec. 34-153.1) (Ord. No. 917, 1078, 2367, 2445)
A resolution granting or denying an application for a special use permit or modifying or revoking a special use permit or denying an application for modification or revocation of a special use permit is effective upon adoption, but is subject to the right of appeal to the city council as hereinafter provided.
(`64 Code, Sec. 34-154) (Ord. No. 917, 2367)
No person obtains any right or privilege to use property for any purpose or in any manner described in an application for a special use permit or a modification thereof or in a resolution granting a special use permit or modification thereof unless and until the resolution granting the special use permit or modification becomes final.
(`64 Code, Sec. 34-154.1) (Ord. No. 917, 2367)
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