15.42.250 Public utilities--Planned unit development application.

A public utility planned unit development application shall be reviewed by the planning and zoning commission in accordance with the procedure established in Chapter 15.52. In cases where a public utility is proposed to be located on residentially zoned property, the planning and zoning commission shall first consider whether the public utility has presented clear and convincing evidence in support of the requirements set forth in Section 15.42.220(B). Regardless of its recommendation on the issue of compliance with the requirements of Section 15.42.220(B), the planning and zoning commission shall consider the merits of the planned unit development application. The planning and zoning commission shall submit its recommendations to the city council, which shall hear and decide the application in accordance with the procedures specified in Chapter 15.52. In cases where a public utility is proposed to be located on residentially zoned property, the city council shall first hear and decide whether the public utility has presented clear and convincing evidence in support of the requirements set forth in Section 15.42.220(B). If the city council should determine that clear and convincing evidence has not been presented, it shall deny approval of the public utility planned unit development. If the city council determines that clear and convincing evidence has been presented in support of the requirements set out in Section 15.42.220(B), it shall, at the same hearing, hear and decide the merits of the planned unit development application. (Ord. 1986-36 § 1 (part): prior code § 5-2-5(F)(8))