APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\SECTION 6. USES PERMITTED UPON REVIEW

(1)   When Required. Before a building permit is issued, certain uses listed in uses permitted upon review in each zoning district shall be required to meet the requirements of this section.

(2)   Application. An application shall be filed with the Planning Commission for review prior to a regular Planning Commission meeting at which action is requested. The application shall be accompanied with a site plan, a list of property owners within 200 feet of the exterior boundaries and a review fee per building site as set forth in the City fee ordinance.

(3)   Public Hearing. Upon application, a notice of public hearing shall be published at least once in the official newspaper of the city no less than 20 days prior to the date of public hearing. Such notice shall fix the time and place of such hearing and describe the application in general terms In addition to the public notice, a written notice of such proposed application shall be mailed to all property owners of lands located within 200 feet of the area proposed to be altered.

(4)   Recommendation, The Planning Commission shall upon reviewing the application submit recommendations to the city council for final considerations of the application. Such recommendation may include conditions to the application.

(5)   City Council Action. In the exercise of its review, the city council may disapprove an application, in granting a "Use Permitted Upon Review" the council may impose any conditions relative to location, character, density or other features of the proposed use of buildings or space as it may deem advisable in the furtherance of the purpose and intent of this ordinance.

(6)   Guidelines for Review of "Uses Permitted Upon Review.” In order to accomplish the purpose and intent of this section, it is necessary to give special consideration to certain uses because they are unique in nature, require large land areas, require greater density, are potentially incompatible with existing development or because effects of such uses cannot definitely be foreseen, or more intensively dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that it be permitted to locate therein. Therefore, these uses must be specifically placed into the development pattern which exists at the time of their arrival.  In order to properly review the proposed “Uses Permitted on Review,” the following guidelines shall be used by the Planning Commission and city council in considering the application.

(a)   The proposed use and site plan conform to the purpose and intent of this Article.

(b)   The proposed use complies with the Comprehensive Plan.

(c)   The proposed use and site plan will not be objectionable or detrimental to the public welfare of the community under the circumstances of the particular case regarding setback, height, density and similar aspects.