§ 160.606 APPLICATION.

   (a)   To obtain a conditional use permit, the applicant shall file an application therefor, in writing, on a form furnished by the department of planning and building services.

   (b)   Every application shall contain the following information:

      (1)   Legal description of the land on which the conditional use is requested, together with local street address.

      (2)   Name and address of each owner of the property.

      (3)   Name, address, phone number and signature of the applicant.

      (4)   Zoning district classification under which the property is regulated at the time of the application.

      (5)   Be accompanied with a conditional use plan, unless waived by the planning director.

      (6)   Any other information concerning the property as may be requested by the director or planning commission.

      (7)   If the property is located within the water source protection overlay district, the following information shall accompany the application:

         A.   Description of the proposed activity, use, or development, including information and technical data and complete blueprints.

         B.   Inventory, including amounts of contaminants and/or hazardous materials to be stored or used on the property or premises.

         C.   Provide complete descriptions, plans, and specifications of primary and secondary containment facilities, including provisions for leak/ spill detection and monitoring.

         D.   Submit a completed contingency plan.

         E.   Any other information as may be deemed necessary by the environmental impact committee or screening committee.

(1992 Code, App. B, § 15.59.020) (Ord. 42-83, passed 6-27-1983; Ord. 31-90, passed 4-20-1990; Ord. 124-06, passed 10-2-2006; Ord. 9-13, passed 3-19-2013)

§ 160.607 FEES.

   Upon the filing of any application for a conditional use permit with the department of planning and building services, the applicant shall pay to the city the appropriate fee as designated in §§ 160.745 through 160.760.

(1992 Code, App. B, § 15.59.030) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)

§ 160.608 INFORMATION ON CONDITIONAL USE PLANS.

   (a)   The property for which the conditional use is being requested must be described through the use of a conditional use plan. The entire property which is described legally on the application must be shown within the conditional use plan.

   (b)   (1)   In addition to the following information, plans shall be drawn to scale upon substantial paper or provided electronically and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and all work must conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. Conditional use plans require a complete plan check, by zoning and building services, prior to obtaining a building permit.

         A.   The name of the project and/or business.

         B.   The scale and north arrow.

         C.   All existing and proposed buildings or additions and uses.

         D.   Dimensions and total square footage of all buildings: Include height and number of stories.

         E.   Distance from all building lines to the property lines at the closest points.

         F.   Dimensions of all property lines including platted property lines.

         G.   Name and location of all adjacent streets, alleys, waterways and other public facilities.

         H.   Location and dimensions of the parking lots; designate each space, stall, and aisle. Include access to public right-of-way in accordance with § 157.113 [Streets system] of this Code.

      (2)   Supplemental information: The planning commission or the city council may approve additional conditions to be shown on a conditional use plan addendum to detail the following:

         A.   Proposed parking lot and dumpster screening; show height, location and type of materials to be used.

         B.   The proposed landscaped setback areas and trees and vegetation; indicate species of trees and vegetation materials to be used for landscaping including a plant materials schedule. Indicate landscape site areas to be irrigated with underground systems in accordance with § 160.485.

         C.   Proposed on-premises signage types, number, locations and design in accordance with §§ 160.570 et seq.

         D.   Proposed project lighting type, location and design in accordance with § 160.491.

         E.   Project phasing.

         F.   Architectural building plan elevations depicting height, roof pitch, and exterior building materials.

         G.   Hours of operation.

         H.   Sound levels at stationary sources (Chapter 93: Nuisances, §§ 93.001 through 93.011 of this Code).

         I.   Any other information as deemed necessary by the planning commission or the city council.

      (3)   Exception: The director may waive the submission of plans if they find that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this chapter, such as interior improvements and tenant finishes or single- family/attached dwellings.

(1992 Code, App. B, § 15.59.040) (Ord. 42-83, passed 6-27-1983; Ord. 56-05, passed 6-6-2005; Ord. 124-06, passed 10-2-2006; Ord. 9-13, passed 3-19-2013)

§ 160.609 PLANNING COMMISSION HEARING.

   Upon the filing of an application for a conditional use permit, the department of planning and building services shall set a date for public hearing on the request. The date for the public hearing shall be a day when the planning commission is regularly scheduled to meet as determined by the rules, policies and regulations as adopted or which may hereafter be adopted by the planning commission for holding public hearings on those requests, or the planning commission may designate a special meeting at which to hear a requested conditional use application.

   (a)   Public notice.

      (1)   Signs. Signs shall be posted on the property for a continuous period of ten days immediately prior to the public hearing held by the planning commission or city council to consider the conditional use permit. The signs shall be furnished by the department of planning and building services; state the date, time and location of the public hearing and be posted by the applicant in the numbers, design and locations prescribed by the director. Before any action shall be taken by the planning commission, the applicant shall first file with the department of planning and building services a certificate verifying that the signs have been posted at the property location before the time specified by this section.

      (2)   Written notice. Written notice shall be sent by the city to adjacent property owners within 300 feet, measured from lot line to lot line. The letters shall be postmarked at least ten business days prior to the hearing and state the date, time, and location of the public hearing.

      (3)   Publication. The public hearing date, time, and location shall be published at least ten days in advance of the hearing in a legal newspaper in the community.

      (4)   Failure to provide notice. Failure to provide actual notice to each person so entitled shall not render any proceeding hereunder invalid, provided that the applicant or the city substantially complies with the requisite published legal newspaper notice, public notice and hearing requirements of this subchapter.

   (b)   Hearing.

      (1)   Upon the day of the public hearing, the planning commission shall review the decisions and recommendations of planning staff of all applications coming before the planning commission as provided in this subchapter.

      (2)   Any decision to grant a conditional use shall be based upon and accompanied by a statement regarding:

         A.   The objectives of the comprehensive plan.

         B.   The purpose of the zoning ordinance and its relevant zoning districts when making a decision to approve or disapprove a conditional use permit.

         C.   The stated conditional use standards within § 160.616.

      (3)   The planning commission, in making its determination of the applications, may make changes in accordance with or in rejection or modification of recommendation of the planning staff.

   (c)   Action and protest. Approval or denial of any application for a conditional use permit shall be by a majority of members present. The decision rendered by the planning commission on a conditional use permit may be appealed to the city council. To appeal the decision of the planning commission, the applicant or any other person aggrieved by the decision shall file a written appeal with the department of planning and building services within five working days of the planning commission’s decision.

(1992 Code, App. B, § 15.59.050) (Ord. 42-83, passed 6-27-1983; Ord. 45-95, passed 3-6-1995; Ord. 18-96, passed 2-5-1996; Ord. 56-05, passed 6-6-2005; Ord. 18-11, passed 4-4-2011; Ord. 9-13, passed 3-19-2013)

§ 160.610 CITY COUNCIL HEARING.

   When an appeal regarding a conditional use permit has been filed in accordance with § 160.609(c), the city council shall conduct a public hearing to act on all applications which have been processed and forwarded to them for public hearing as provided in this section.

   (a)   Public notice. Signs shall be posted on the property for a continuous period of ten days immediately prior to the public hearing held by the city council to consider any conditional use permit appeal. The signs shall be furnished by the department of planning and building services; state the date, time and location of the public hearing and be posted by the applicant in the numbers, design and locations prescribed by the director. Before any action shall be taken by the council, the applicant shall first file with the department of planning and building services a certificate verifying that the signs have been posted at the proper location before the time specified by this section.

   (b)   Hearing. Upon the day of the public hearing, the city council shall review the decisions and recommendations of the planning commission of all applications coming before the city council as provided in this subchapter. The city council, in making its determination of the applications, may make changes in accordance with or in rejection or modification of the recommendation of the planning commission.

   (c)   Action and protest. Approval or denial of any application for a conditional use plan shall be by a majority of members present. Any person or persons, jointly or severally, aggrieved by any decision of the city council, or any taxpayer, or any officer, department or board of the city, may make application with the circuit court for appropriate writ not later than 30 days after the filing of the decision.

(1992 Code, App. B, § 15.59.055) (Ord. 42-83, passed 6-27-1983; Ord. 45-95, passed 3-6-1995; Ord. 55-97, passed 8-4-1997; Ord. 67-98, passed 7-6-1998; Ord. 56-05, passed 6-6-2005; Ord. 58-06, passed 5-1-2006; Ord. 18-11, passed 4-4-2011; Ord. 9-13, passed 3-19-2013)

§ 160.611 APPROVAL AND AMENDMENTS TO CONDITIONAL USE PERMITS.

   (a)   Approval. The city council or planning commission gives final approval, and all work shall be completed and enforced in accordance with the approved conditions. Approved conditions shall not be amended without approved authorization as noted below.

   (b)   Conditional use amendments. Any approved conditional use plan may be amended the same as a new conditional use permit as provided in this section, or entirely withdrawn by the applicant.

(1992 Code, App. B, § 15.59.060) (Ord. 42-83, passed 6-27-1983; Ord. 124-06, passed 10-2-2006; Ord. 9-13, passed 3-19-2013)