Filing Of A Petition For Specific Use Permit:
A. Petition: A petition for a Specific Use Permit may be filed with the Planning Commission by the owner(s) of the property concerned, by the duly authorized representative thereof, by the holder of an option to purchase the affected real estate or by the purchaser in a contract to purchase realty. Such petition shall be on a standard form furnished by the Planning Department of the City. All petitions for a Specific Use Permit shall be accompanied by a site plan of the proposed area showing the location of buildings, parking, and other pertinent data concerning the operation of the proposed use.
B. Fee For Petition: A one hundred-dollar ($100.00) fee shall be required with the Specific Use Permit application, or such other fee as the City Council may from time to time specify by resolution.
C. Notice Of Hearing:
1. Notice: Notice of the public hearing to consider a Specific Use Permit shall be mailed at least twenty (20) days before the public hearing held by the Planning Commission by mailing written notice by the Secretary of the Planning Commission to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property or such other notice deemed appropriate by the Planning Commission or the City Council.
2. The notice shall contain:
a. The date, time and place of the public hearing.
b. The present zoning classification of the property and the nature of the Specific Use Permit.
c. The legal description of the property and street address or approximate location in the municipality.
D. Appeals And Confirmation By City Council: An applicant, or any adversely affected person, may appeal a recommendation of approval or denial by the Planning Commission to the City Council, within ten (10) days of the Planning Commission decision, by:
1. Completing a Notice of Appeal form that shall be available from the Appointed municipal staff member; and
2. Paying an appeal fee in the amount of one hundred dollars ($100.00), or such fee as set by Council resolution. If an appeal is not timely filed, the recommendation of the Planning Commission shall be included on a Council consent agenda for consideration, and may be removed from the consent agenda by Council pursuant to Council rules, whereupon the Council may either accept the recommendations of the Planning Commission, reverse the recommendation of the Planning Commission, modify the decision of the Planning Commission, or remand the matter for further consideration by the Planning Commission. If an appeal is timely filed, the City Council shall establish a date specific for its decision and may affirm, reverse or remand the recommendation of the Planning Commission. (Ord. 800, 6-7-2021)