§ 78-424. Procedure.

(a)

Application for air rights easement. Six copies of an application for an air rights easement shall be filed with the director of planning accompanied by a filing fee established by the city commission by separate resolution. All applications for an air rights easement shall contain at a minimum the following:

(1)

Legal description of the proposed air rights easement area and of the applicant's property to which the air rights would attach.

(2)

A site plan showing how the proposed air rights easement area will be integrated into the applicant's property, showing the following elements in their existing and proposed conditions: public and private utilities, parking, landscaping, streetlighting, traffic signals.

(3)

Elevations of the proposed air rights easement area showing in sufficient detail how the guidelines set forth in section 78-422 have been met.

(4)

Written confirmation from all affected utilities showing estimated costs of relocation and applicant's commitment to pay the cost of all such utility relocations.

(b)

Procedure on receipt of application. Upon receipt of a completed application, the director of planning shall circulate copies of the application to the public utilities, fire, police and planning departments for review and comment. Comments shall be due within 30 days from receipt of the application by the planning director. Within 15 days from receipt of all comments the planning director shall prepare a report and determine whether or not to recommend the application for a grant of air rights, and schedule the matter for a public hearing before the city commission.

(c)

Hearing; notice. Not less than 15 days prior to the public hearing, the planning department shall notify the owners of all land abutting the subject right-of-way of the time and place of the public hearing. Notice shall also be mailed by regular mail to property owners within 400 feet of the subject right-of-way. For purposes of notification, the property owners and their addresses shall be determined from the county property tax rolls.

(d)

Conduct of hearing. At the public hearing, all persons with an interest shall be permitted to present evidence for or against the proposed action. Utilizing the guidelines set forth in section 78-422, the city commission shall consider the relevant evidence presented as well as the report of department comments provided by the planning director. A resolution setting forth the city commission's findings and order granting, denying, or granting with conditions, shall be adopted within 30 days of the public hearing. The city commission may determine that the general public welfare would not be best served by the proposed action and may deny the proposed action. Alternatively, the city commission may make its approval conditional, to become effective upon the fulfillment of the conditions prescribed.

(Code 1979, § 26-424)