1.

Scope of provisions. This section contains the regulations governing the filing and review of an appeal or protest from a Planning and Zoning Commission decision or recommendation regarding a special procedure authorized under Section 290, "Conditional Use Permits," of this Zoning Ordinance.

2.

Statement of intent. The purpose of this section is to provide a formal method by which a petitioner may request further consideration by the City Council of a Planning and Zoning Commission denial or recommendation of denial of certain special procedures as specified herein; and to provide a formal method by which the owners of property located within a specified proximity to a petitioned tract of land may present to the City Council a petition and statement of their opposition to a Planning and Zoning Commission decision or recommendation of approval of certain special procedures as specified herein.

3.

Filing of appeal or protest. The following regulations shall govern the filing of an appeal or protest:

(1)

Appeal by petitioner to decision or recommendation of denial. Upon the denial or recommendation of denial by the Planning and Zoning Commission of an application for a special procedure as specified herein, the applicant may file an appeal with the City Council requesting a determination from that body. A notice of appeal shall be filed within ten (10) days after the Planning and Zoning Commission's report is received by the City Council at a regular meeting. Notice of appeal to the City Council shall be in writing and shall be filed in duplicate with the City Clerk, accompanied by a fee of two hundred dollars ($200.00). The applicant shall have an additional thirty (30) days to file the actual appeal. The appeal shall specifically state how the application, as initially filed or subsequently modified, meets the criteria set forth in the regulations of the special procedure in question.

(2)

Protest by nearby property owners to recommendation of approval. Owners of twenty-five (25) percent (by area) of the property within one hundred eighty-five (185) feet of the property in question may file a protest with the City Council against the Planning and Zoning Commission's decision or recommendation of approval of a special procedure as specified herein. A notice of protest shall be filed within ten (10) days after the Planning and Zoning Commission's report is received by the City Council at a regular meeting. Notice of protest shall be in writing and shall be filed in duplicate with the City Clerk, accompanied by the signatures of property owners in opposition. The notice of protest shall include notarized verification from the person(s) collecting protesters' signatures that all signatures are correct and real. The protesters shall have an additional thirty (30) days to file the actual protest. The protest shall specifically state how the application, as initially filed or subsequently modified, fails to meet the criteria set forth in the regulations of the special procedure in question.

4.

Review of appeal or protest. The following regulations shall govern the review of an appeal or protest:

(1)

Referral of appeal or protest to the Planning and Zoning Commission. Upon receipt of an appeal or a protest, the City Council shall refer it to the Planning and Zoning Commission. The Planning and Zoning Commission shall respond thereon to the City Council disclosing in what respect the application and facts offered in support thereof met or failed to meet the requirements specified in this section.

(2)

Public hearing by the City Council. Before acting on any appeal or protest, the City Council shall set the matter for hearing. The City Council shall give written notice of such hearing to the applicant and all other persons who appeared and spoke in opposition to the application at the public hearing before the Planning and Zoning Commission or to the protesters in the case of a protest. The applicant and the protesters in the case of a protest shall be heard at the hearing. In addition, any other person or persons who, in the discretion of the City Council, will be aggrieved by any decision or action with respect to an appeal or protest may also be heard at the hearing.

(3)

City Council decision. Following the hearing by the City Council on an appealed or protested application, the City Council may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission. An affirmative vote of two-thirds of the members of the whole City Council shall be required to reverse or modify any determination of the Planning and Zoning Commission with respect to a conditional use permit granted in accordance with procedures established in Section 290 of this Zoning Ordinance. A valid protest petition shall have the effect of extending the time for introduction of a bill beyond the ninety (90) day period established in Section 360 of this Zoning Ordinance.

(Ord. No. 698, § 2, 11-21-00)