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)