§ 153.237  CITY COUNCIL DECISION.
   (A)   Public hearing.  Once a recommendation has been received from the Planning Board, or the 45- day Planning Board review period has expired, the City Council shall hold (after notice) a public hearing concerning the application for a conditional use permit.
   (B)   Notice of public hearing.  Notice of the public hearing shall be as follows.
      (1)   A notice shall be published in a newspaper having general circulation in the city area once a week for two successive weeks, the first notice to be published not less than ten days nor more than 25 days prior to the date established for the public hearing. In computing the time, the date of publication is not to be included, but the date of the hearing shall be included.
      (2)   A notice shall be conspicuously placed by the city in the City Hall not less than ten days nor more than 25 days before the date established for the public hearing.
      (3)   The city shall conspicuously post a notice on the subject property at least ten days but not more than 25 days prior to the public hearing.
      (4)   At least ten but not more than 25 days prior to the public hearing, a notice of the proposed zoning change and hearing shall be sent by the city by first class mail to the applicant, the property owner of the property in question (if different than the applicant) and to all contiguous property owners.
   (C)   Special conditions and conditional use permit.  If the City Council should find, after conducting a public hearing, that a conditional use permit should be granted, the City Council may impose additional, reasonable and appropriate special conditions upon the conditional use permit, as it deems necessary. Any conditions should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation and access systems, screening and buffer areas, landscaping, the timing of development and other matters that the City Council may find appropriate or the petitioner may propose. The conditions to approval may include dedication of any rights-of-way or easements for, or construction of streets, water, sewer or other public utilities necessary to serve the proposed development. The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the City Council. In no instance shall any of these conditions be less restrictive than any requirements that would pertain to that particular development found elsewhere in this chapter.
   (D)   Burden of proof.  The applicant has the burden of producing competent, material and substantial evidence tending to establish the facts and conditions which divisions (E)(2) and (E)(4) of this section require. If any person submits evidence allegedly contrary to any of the facts or conditions listed in divisions (E)(1) and (E)(2) of this chapter, the burden of proof for overcoming the evidence shall rest with the applicant.
   (E)   Required findings for all conditional use permits.  The City Council shall issue a conditional use permit only after having evaluated an application and having determined that:
      (1)   The use will not materially endanger the public health or safety if located where proposed and developed according to plan;
      (2)   The use meets all required conditions and specifications;
      (3)   The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity; and
      (4)   The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the city land use plan and other plans for the physical development of the city as officially adopted by the City Council.
(Prior UDO, § 13.4)