H. - Review procedure.

1.

The applicant or authorized representative must participate in a pre-application conference with the zoning administrator before submitting an application for a special use permit. The applicant shall be responsible to schedule pre-application conference, and the meeting date shall be in accord with the published schedule of the zoning administrator.

2.

Following the pre-application conference, the applicant shall submit the special use permit application, the concept plan, the checklist, supporting documents, and fee for the special use permit to the office of the zoning administrator.

3.

The zoning administrator shall review the special use permit application, concept plan, and supporting documentation for completeness within ten (10) business days, and shall notify the contact person in writing if the application is not complete.

4.

Once the application is determined complete, the zoning administrator shall schedule the item for review by the city's plan review committee.

5.

Upon satisfactory review by the plan review committee, the zoning administrator shall schedule the item for the next planning commission agenda.

6.

The zoning administrator, with input from the plan review committee shall:

a.

Prepare the staff report;

b.

Schedule the public hearing by the planning commission;

c.

Provide the required public notifications; and

d.

Forward the application and staff report to the planning commission.

7.

The planning commission shall review the application and provide its recommendation to city council for either approval as submitted, approval with conditions, or denial. Failure of the planning commission to report within one hundred (100) calendar days of the first meeting of the planning commission shall be deemed approved, unless the application has been withdrawn by the applicant prior to the expiration of the time period.

8.

Following the planning commission recommendation, the city staff shall:

a.

Schedule the public hearing on the application with the city council;

b.

Provide the required public notification; and

c.

Forward the application, staff report, and planning commission recommendation to the city council.

9.

Upon receipt of the report and recommendation of the planning commission, the city council shall conduct at least one public hearing and take final action on such application within one hundred (100) calendar days from the date of action by the planning commission.

10.

The city council reviews and decides on the application following a public hearing.

11.

The city council may include special conditions of approval with a special use permit and may also require posting of a performance guarantee.

12.

The applicant shall sign and record a notice of special use, to be recorded in the circuit court of the city. Proof of recording must be submitted to the office of the zoning administrator within thirty (30) calendar days of action or the approval shall become null and void.

13.

The city council may revoke a special use permit for failure to comply with the conditions of approval.

14.

Any use authorized by a special use permit shall commence within two (2) years of the date of approval of the special use permit unless provided otherwise by the city council. Failure to commence use within the timeframe shall render the approval by city council null and void.