§ 5.0. Building permit.

5.1.  General. The developer of the PUD shall proceed with the development of the property in accordance with the plan and no further approvals shall be required except as set forth in this section 5.0. If plans are submitted for the construction of improvements on any particular parcel within the PUD, a building permit shall be approved or disapproved according to the procedure set forth in this section 5.0.

5.2.  Issuance of building permits for principal permitted uses. Upon application for a building permit for the construction of improvements on any parcel within the PUD, if the building official shall determine that the intended use of the improvements is a "principal permitted use" within the applicable land use district of the PUD, then a building permit shall be issued in accordance with the provisions of section 1.0 of Article III of this zoning ordinance.

5.3.  Conditional uses. Upon application for a building permit for the construction of improvements on any parcel within the PUD, if the building official shall determine that the intended use of the improvements is a conditional use with the applicable land use district of the PUD, the building official shall defer said applicant and application to the planning and zoning commission, for review in accord with Article III, section 2.3 of this ordinance. (Ord. No. 02-1846, § 8, 1-22-02)

5.4.  Conditional uses. Requests for conditional uses as stipulated within the zone district regulations including the PUD, are permitted only after review by the planning and zoning commission and approval of the city council. The following review procedure shall be adhered to:

A.

A minimum of twenty-one (21) days prior to a regularly scheduled planning and zoning commission meeting the applicant shall submit to the city clerk:

1.

A fifty dollar ($50.00) fee to defray the cost of processing the application.

2.

A site development plan which shall include:

a.

Existing and proposed topography.

b.

Property lines.

c.

Scale.

d.

Storm drainage facilities and other utility easements.

e.

Existing and proposed structures and their uses.

f.

Exterior lighting.

g.

General landscaping and fences.

h.

Outside storage areas.

i.

Parking and loading areas.

j.

Points of ingress and egress.

k.

Signs.

l.

The location of all existing and proposed sidewalks and pedestrian ways on the subject property and adjacent property. (Ord. No. 02-1888, § 8, 4-16-02)

B.

A minimum of fourteen (14) days prior to the planning and zoning commission meeting at which the conditional use request is to be considered, the city clerk shall notify all adjacent property owners by mail. The notice shall state:

1.

[The] location of the conditional use request.

2.

The nature of the request, indicating the current zoning of the site and the proposed conditional use.

3.

The time, date and location of the planning and zoning commission meeting at which the request will be considered.

C.

The planning and zoning commission shall schedule a hearing on the application at the first regularly scheduled meeting after compliance with notice provisions as set forth herein. The planning and zoning commission shall render a decision on the application before or at the next regularly scheduled meeting unless additional information is required. If additional information is required, the planning [and zoning] commission shall have thirty (30) days from the date of submittal of this additional information to the city in which to make a recommendation on the request to the city council.

D.

Upon receipt of the recommendation of the planning and zoning commission with regard to the conditional use request, the city council shall schedule same for a public hearing.

E.

The city clerk shall repeat the notification process as set forth in paragraph "B" of this subsection.

F.

At the time and place scheduled for the public hearing of the request, the city council shall hear the presentation of the applicant, review the recommendation of the planning and zoning commission, and hear any arguments in opposition and support of the proposal by the general public.

G.

When the city council denies a conditional use request, the planning and zoning commission shall not consider the same request for a period of six (6) months. Each time the city considers a conditional use request, the fifty dollar ($50.00) administrative fee must be paid. (Ord. No. 327, § 1, 8-17-81)

5.5.  Subdivision plats roads. Nothing in this section 5.0 shall be construed to require a building permit for approval of subdivision plats or road designs or the construction of roads within the PUD.