Article III — Procedure

A.

Applications for a zone variance, conditional use permit, minor zone variance or minor conditional use permit shall be filed by the owner of the property affected thereby, his/her agent, or by a public utility which has filed an eminent domain action with regard to such property with the director, on forms furnished by the director, which shall set forth fully the nature of the proposed use, and the facts sufficient to justify the granting of the variance or conditional use permit in accordance to the provisions of this chapter.

B.

The applicant shall furnish to the director an accurate list of the names and addresses of all property owners to whom notice must be given as provided in this chapter.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Each such original application, modification application or appeal shall be accompanied by a filing and processing fee in an amount as set by the council. Any applicant may withdraw his/her application by filing a written request to do so at any time prior to final action thereon. A prorated refund of processing fees may be requested if an application is withdrawn

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Every application for a zone variance or conditional use permit shall be set for a public hearing before the commission by the director, except as provided in Chapter 18.58 or elsewhere in this code. Hearings may be continued from time to time by the commission or council, as it may deem necessary.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Notice of the time and place of public hearings before the commission and council, on zone variance and conditional use permit applications, shall be given by United States mail, postage prepaid, addressed to the occupants and owners

of property located within a radius of three hundred feet from the external boundaries of the property or use, at the director's discretion, to which the application relates, as shown on the latest equalized assessment roll of the county, or from other records which contain more recent and accurate addresses.

B.

Such notices shall describe the subject property and contain a brief description of the proposed use, and the date, time and place of the hearing.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Within a reasonable time after the public hearing upon a variance or conditional use permit application, the commission shall, by resolution adopted by not less than a majority of its total membership, approve, conditionally approve or deny the same. The resolution shall contain a brief statement of facts upon which its action is based. Within seven days following the adoption of such a resolution, the commission's secretary shall forward a copy thereof to the city clerk, to the applicant, and to any other person requesting the same.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The granting of any zone variance or conditional use permit may be conditioned. The purpose of any such conditions shall be to ensure that the activity thus permitted will be conducted in a manner consistent with the public peace, safety, general welfare and the provisions of this title.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

The resolution of the commission granting or denying a variance or conditional use permit shall become effective and final on the thirtieth day following its adoption, unless within such period of time an appeal in writing is filed with the city clerk, by the applicant or any other interested person. Any such appeal shall be accepted for filing only upon the payment of an appeal fee as set forth by the city council. In the event no city council meeting is held within said thirty- day period, the effective date shall be extended to the date immediately following the next city council meeting at which time the city council conducts such meeting and at which time the item has been lawfully posted and agendized for city council consideration.

B.

The decision of the commission shall be final and conclusive in the absence of a timely filed appeal. The timely filing of an appeal shall stay the effective date of the commission's resolution pending action by the city council.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Upon the filing of an appeal the secretary of the commission shall forward to the city clerk the commission's files with regard to such zone variance or conditional use permit application. Upon receipt of the same the city clerk shall promptly set the matter for a public hearing before the city council. The city council shall conduct a de novo public hearing upon the matter, and thereafter shall determine whether the application shall be approved, conditionally approved or denied. In making its determination the city council shall observe the standards set forth in Sections

In its discretion the city council may refer, prior to its decision, such

matter to the commission for a further report, with or without additional public hearings before the commission. The determination of the council shall be by resolution, adopted by not less than a majority of the total voting membership of the city council. The resolution shall set forth the facts as found by the city council supporting its action. The decision of the city council shall be final and conclusive in all cases.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Within seven days following the adoption of the resolution by the city council, a copy of the resolution shall be mailed to the applicant and any other person requesting the same.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Inadvertent failure to give notice in the manner prescribed shall have no effect upon any proceeding before the commission or the council.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)