§ 23.20. Application and Review Procedure.

The following application and review procedure shall be utilized for the issuance of a conditional use permit:

A.

Initiation of request for conditional use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, and which is specifically enforceable, may file an application to use such land for one or more of the conditional uses provided for in this Ordinance in the zoning district in which the land is located.

B.

Application for conditional use. An application for a conditional use shall be filed with the building inspector on an application form prescribed by the city. The application shall be accompanied by such plans and/or data prescribed by the building inspector and shall include as a minimum the requirements of Article XVI, Development Plan. Additionally, evidence shall be provided demonstrating that the proposed conditional use conforms to the standards set forth in this Article. All required fees, including the costs associated with notices for the public hearing, as prescribed by the city council shall accompany the application.

C.

Action on the application. Upon receipt of an application that complies with all submittal requirements and payment of all applicable fees, the city shall have published in a newspaper of general circulation in the city, one (1) notice that a request for a conditional use approval has been received. Additionally, the city shall send by mail or by personal delivery said notice to all owners of property for which approval is begin considered, to property owners and occupants of each dwelling unit within three hundred (300) feet of the boundary of the property in question. For structures containing more than four (4) dwelling units owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

The notice shall be given not less than five (5) and not more than fifteen (15) days before the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification.

The notice shall:

1.

Describe the nature of the conditional use request.

2.

Indicate the property, which is subject of the conditional use request.

3.

State when and where the conditional use request will be considered.

4.

Indicate when and where written comments will be received concerning the request.

5.

Indicate that a public hearing on the conditional use request may be requested by a property owner or the occupant of a structure located within three hundred (300) feet of the boundary of the property being considered for a conditional use.

D.

Public hearing. At the initiative of the planning commission, or upon the request of the applicant for conditional use authorization, or a property owner or the occupant of a structure located within three hundred (300) feet of the boundary of the property being considered for the conditional use approval, a public hearing with notification as required for a notice of request for conditional use approval, shall be held before a decision on the conditional use request is made. If the applicant or the planning commission requests a public hearing, only notification of the public hearing need be made. A decision on a conditional use request, which is based on discretionary grounds shall not be made unless notification of the request for conditional use approval, or notification of a public hearing on a conditional use request is given as required by this Article.

E.

Authorization. For each application for a conditional use, the building inspector and/or consultant retained by the city, shall review said application and make a recommendation to the planning commission. The planning commission may deny, approve, or approve with conditions any application for a conditional use.

F.

Basis for decision. The planning commission shall incorporate their decision into a statement of conclusions relative to the conditional use under consideration. The decision shall specify the basis for the decision and any conditions imposed.