Title 18 ZONING
Chapter 18.10 CONDITIONAL USE PERMITS
18.10.040 Procedures for consideration.
A. After acceptance by the zoning administrator or his
designee, the completed application shall be transmitted to the staff of the
planning board for their review and evaluation.
B. The planning staff shall set a date for a public hearing
and publish a public notice which advertises the public hearing before the
planning board at least once in a newspaper of general circulation in the
community at least fifteen days prior to the meeting of the planning board at
which the application is to be considered.
C. The planning staff shall also mail written notice to all
abutting and adjacent property owners within one hundred fifty feet of the
subject property not less than fifteen days prior to the date of formal review
by the planning board. Where the subject property abuts a public right-of-way,
the one hundred fifty foot measurement shall be in addition to the right-of-way
along the abutting side.
D. Written comment from adjacent property owners shall be
specific when maintaining that the granting of the conditional use permit would
adversely or injuriously affect their personal or legal interests.
E. The planning board shall consider the application at its
next regular meeting following the public notice process. The board shall make
a recommendation to the city council to approve, conditionally approve or deny
the application.
F. Upon receipt of the recommendation of the planning board,
the city council shall hold a public hearing and render a determination whether
to approve, conditionally approve, or deny the application for a conditional use
permit based on public input, the staff report, and findings of the planning
board.
G. Should a decision not be rendered by the city council
within ninety days after acceptance of the completed application by the zoning
administrator and the payment of the appropriate fees, the application shall be
deemed approved unless said time limit has been extended by an agreement between
the zoning administrator and the applicant.
H. In certain circumstances, the city council may elect to
place certain required conditional use permits into an administrative review
category; for example, those that may be required for minor amendment to an
already approved conditional use permit, whereby the zoning administrator may
issue such an administrative conditional use permit in compliance with
guidelines set forth by the city council. This provision shall not be construed
so as to give the power to grant or deny the conditional use permit to other
than the city council, and shall apply only to specific categories or instances
predetermined by the city council. (Ord. 601 § 1, 1997; Ord. 523 §
1(part), 1989)