(a) Written application for the approval of conditional uses referred to in this subchapter shall be filed in the public office of City Council upon forms prescribed for that purpose by Council. Upon the filing of such application, the matter shall be set for a public hearing before the Council. Notice of the time, place and purpose of such hearing shall be given in the same manner as required by the public notice requirements of this chapter.
(b) Prior to the public hearing, the Planning Commission shall make its written findings and determinations within 40 days from the date of filing an application and shall forthwith transmit a copy thereof to Council and to the applicant.
(c) Council shall conduct the public hearing within 60 days from the date of the applicant’s request for a hearing.
(d) Council shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Council. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefore. Conclusions based on any provisions of this chapter, rule, or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.
(e) If Council fails to render the decision within the period required by this section or fails to hold the required hearing within 60 days from the date of the applicant’s request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of Council to meet or render a decision as hereinabove provided, Council shall give public notice of the decision within ten days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this chapter. If Council shall fail to provide such notice, the applicant may do so.
(f) A fee shall be paid upon the filing of each application for a conditional use to defray the cost of processing. The amount of such fee shall be fifty dollars ($50.00).
(g) Any modification of a conditional use, either by a change in the site plan or by a division of the site on the basis of ownership, shall be made by following the same procedure set forth in subsections (a) through (f) hereof.
(Ord. 5139. Passed 11-27-13.)