(A) Conditional use request shall be made by the property owner who desires to use his or her property in accordance with one of the listed conditional uses as identified in the zoning regulations.
(B) A conditional use application giving the legal description of the property, the stated conditional use requested, a drawing of the property prepared to scale showing all the pertinent information concerning the use of the property and building on the property shall be filed by the property owner with the City Clerk 30 days of receipt of the Planning Commission.
(C) The property owner shall file with his or her petition proof that certified return receipt letters have been sent to all property owners owning property that adjoins the property for which the conditional use petition is being filed, including properties across any street or public right-of-way. The letter shall state what the proposed conditional use application is for, and the time and place where the public hearing will be held. The property owners who are to be notified as owners shall be those property owners as recorded in the County Assessor's office.
(D) A fee of $75 shall accompany the conditional use request.
(E) The Planning Commission shall hold a public hearing on the conditional use request. Notice of the public hearing shall be published in a newspaper of general circulation in the city, at least one time seven days prior to the hearing.
(F) Following the public hearing the conditional use request may be approved in its entirety, modified, and/or conditions placed on the conditional use request to insure that conditional use request is compatible with the existing uses in the neighborhood and the intended use listed in the regulations.
(G) If the Planning Commission disapproves the proposed conditional use request, the reason for such disapproval shall be given in writing to the petitioner within 15 days from the date the Planning Commission acts on the request.
(H) Following the disapproval of the petitioner’s request, the petitioner may appeal such disapproval to the City Clerk why he considers the Planning Commission’s findings and decisions are in error. Such appeal shall be filed within 15 days after receipt of notice of the Planning Commission's action. Also an adjacent property owner may appeal the conditional use approval to the City Clerk why he or she considers the Planning Commission’s findings and decisions are in error. Such appeals shall be filed within 15 days from the date the Planning Commission approves the conditional use request.
(I) The City Council may either send the petitioner’s request back to the Planning Commission for further consideration or take any action the City Council feels is appropriate and is compatible with the existing land use within the neighborhood and in the best interest of the public health and safety of the city.
(J) No application for a conditional use request will be reconsidered by the Planning Commission within 12 months from the date of final disapproval unless the Commission finds a substantial reason exists for waving this limitation.
(Ord. 316, passed 12-17-01; Am. Ord. 327, passed 10-21-02)