Article 4 — EXEMPTION FROM HEARING

(Amended by O-1803; O-1922; O-1999; O-2000)

a) Notwithstanding any provision of this Chapter to the contrary, no conditional use permit shall be required in any case wherein the Planning Commission determines that:

1. The existing use is to be enlarged or improved; and

2. Such enlargement or improvement is the only change to be effected in the existing use; and

3. The use is permitted by conditional use permit in the zone in which the subject property is located;

4. In its opinion:

• A) Such change will not be detrimental to the neighborhood; and

B) The petitioner would suffer irreparable harm if required to process his petition in accordance with the provisions of Article 2 of this Chapter 5.

b) The Planning Commission may make such determination without holding a public hearing thereon.

c) The Planning Commission may grant such exemption subject to the performance of such conditions as it deems necessary or desirable for the best interests of the City.

(Added by O-1999; O-2000)

a) The decision of the Planning Commission shall be appealable to the City Council in the same manner as provided in Article 2 of this Chapter 5 for appeals from a decision of the Commission on an application for conditional use permit; provided, however, that the City Council need not, but in its discretion may, hold a public hearing thereon.

b) In the event that the City Council elects to hold a hearing on such appeal, the hearing shall be held in accordance with the provisions of Section 95.2.5. of this Code.

(Added by O-1999; O-2000; O-3138)

An application for an exemption from the requirements for a conditional use permit shall be filed with the Planning Director and shall be accompanied by a fee of One Hundred Dollars ($100.00) to cover the cost of processing the application; provided, however, that the fee may be waived by the City Manager or his nominee upon a finding that the applicant has been required to dedicate ten thousand (10,000) or more square feet of the subject property for use as a major city street or that the applicant is subsidized by the City. The applicant may appeal a refusal to waive the fee to the City Council within ten (10) days of the refusal. Home Previous Next

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