Title 15 ZONING
Chapter 15.42 SUPPLEMENTAL ZONING REGULATIONS AND STANDARDS
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))