Section 25.12.340 Procedure.

a. Applications for a permit for a conditional use shall be submitted to the zoning administrator. A nonrefundable application fee, as established from time to time by the city council to help defray administrative costs of a hearing, shall accompany each application.

b. The zoning administrator shall forward a copy of the application to the planning director. The planning director may at his option or shall at the request of the board of adjustment submit a report of findings to the board of adjustment together with the planning director's advisory recommendation as to whether or not the application should be granted or denied. Such report and findings shall be submitted to the board of adjustment not later than three working days prior to scheduled public hearing.

c. The application shall be submitted in triplicate in such form and shall contain such information and documentation as shall be prescribed from time to time by the zoning administrator but shall in all instances contain at least the following information and documentation:

(1) The applicant's name and address and his interest in the subject property;

(2) The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application;

(3) The street address or common description and legal description of the property;

(4) The names and addresses of all owners of property and contract purchasers of record entitled to notice under applicable statutes and Chapter 25.22 of this title, as shown in the records of the office of the county recorder;

(5) The zoning classification and present use of the subject property;

(6) The particular provision of this title authorizing the proposed conditional use;

(7) A general description of the proposed conditional use;

(8) A written statement addressing each of the standards set forth in subsections 2 and 3 of Section 25.12.350 below, and stating specifically how the proposed conditional use relates to and meets each such standard;

(9) Such other information or statements which may be necessary to show compliance with any additional standards imposed on the conditional use by the particular provision of this title authorizing such use;

(10) Such other and further information or documentation as the board of adjustment or zoning administrator may deem to be necessary or appropriate to a full and proper consideration and disposition of the particular application.

2. Public Hearing. A public hearing shall be set, advertised and conducted by the board of adjustment in accordance with Chapter 25.22 of this title.

3. Action by Board of Adjustment. At the conclusion of the public hearing, the board of adjustment shall render its decision, in the manner and form specified by Subchapter I of Chapter 25.06, either granting the application for a conditional use; granting it subject to conditions, as specified in Section 25.12.354 below; or denying the application. However, if a majority of the board requests additional information, the decision may be delayed until the next regularly scheduled meeting of the board. The failure of the board to act within thirty days, or such longer period of time as may be agreed to by the applicant, shall be deemed a denial of the application. After a decision is made on the application for a conditional use permit the decision shall be sent to the city council for review. The council may take no action or it may remand the decision back to the board of adjustment for further consideration. If the city council remands a decision back to the board of adjustment for further consideration, the conditional use application shall be on the next regularly scheduled meeting of the board of adjustment. A conditional use permit shall be in effect on either the day following the council meeting at which the conditional use permit was on the council agenda and the council did not remand the decision back to the board of adjustment for further consideration or upon the date the application has been finally reconsidered by the board of adjustment. Within seven days of any such decision or the expiration of the thirty day period, the zoning administrator shall mail notice of such decision or failure to act to each person entitled to such notice pursuant to Section 25.22.020-2a of this title; and in the event a permit for a conditional use is authorized, the zoning administrator shall issue such permit, listing therein any and all conditions imposed by the board of adjustment. (Ord. 2004-0438; S-30424, 1976)