1109.02 APPLICATIONS; COMMISSION ACTION; COUNCIL REVIEW.

   (a)    Application for a conditional use permit shall be made to the Commission, on forms furnished by the Commission, together with payment of a deposit as required by Section 1113.05. The Commission shall conduct a public hearing on each such application, notice of which shall be posted for two successive weeks prior to the public hearing in a newspaper of general circulation in the Municipality.

   (b)   Planning Commission Review. The Planning Commission shall base its review of a proposed Conditional Use upon the complete application, upon any staff report, and upon any relevant and credible testimony presented during the public hearing. If the Planning Commission finds that the information provided is insufficient to make a determination, it may suspend its review until sufficient information has been provided.

   (c)   Planning Commission has no obligation to recommend approval and City Council has no obligation to approve a Conditional Use. This Zoning Code assumes that the uses listed in this section are appropriate as long as the applicant proves that the use will not be detrimental to the public health, safety, or general welfare of the City or the neighborhood in which it is proposed.

   (d)   Applicants shall prove that potential negative impacts of elements such as location, size and extent of facilities and operations, site design, traffic generation, site access, and potential impact upon public facilities will be adequately mitigated.

   (e)   Following the Commission's review of the application and conclusion of the public hearing, the Commission shall take action by majority vote, approval, approval with conditions, or denial of an application as presented and shall clearly state the findings upon which its recommendation is based.

   (f)    The Planning Commission shall base its decision to Council upon how well the application satisfies the Evaluation Standards and Criteria for the proposed use. In its recommendation, Planning Commission may impose more strict regulations and any additional conditions, guarantees, and safeguards it deems necessary to satisfy the purposes of this Zoning Code.

   (g)   If the Commission fails to take such action upon the application within forty-five days of receipt thereof, such application shall be deemed to have been refused, unless an extension has agreed to by the applicant.

   (h)    Confirmation by Council. Council shall review the Planning Commission's decision within twenty-one (21) days. Council shall either approve, deny or amend the Planning Commission's decision by a majority vote of (5) members of Council and Council is thereby empowered to take such action.

(Ord. 32-2020. Passed 11-10-20.)