1141.09 HEARINGS BY PLANNING COMMISSION; COUNCIL.

   Where approval of the Planning Commission or Council is required by this section for the location of a designated or undesignated use or structure within any use district, an application for such approval shall first be submitted to the Planning Commission.

   After public notice and hearing, the Planning Commission shall determine whether such use or structure shall be approved. In making such determination, findings of fact shall be made and entered in the minutes of the Commission as to the effect of such use or structure on neighboring property, the possible creation of public nuisances by reason of noise, smoke, wastes, odor, vibrations, lights, stream or ground pollution, traffic and safety hazards or otherwise, and as to the effect of such proposed use or structure on the public peace, health, safety, morale and welfare.

   If Council’s approval is also required for such use or structure, the determination and findings of fact of the Planning Commission shall be submitted to and reviewed by Council, which may also make such investigations, require such supporting data and make such findings as it may deem necessary. Council may thereupon affirm or deny the application and shall enter its determination in its minutes.

   If any State or Federal court shall find that the prohibition of any use listed in this chapter as a Class U-7 or prohibited use is invalid, illegal or unreasonable, then the location of such use in any particular use district and at any designated site must first be approved by the Planning Commission and Council and the procedure set forth in this section shall be followed. (Initiative Ord. Voted 11-8-60.)