(A) The City Council shall hear and decide conditional uses after review of the Planning and Zoning Board. All applications for conditional uses shall be submitted to the Planning and Zoning Board for study and written, advisory recommendations. The City Council may either grant conditional uses with such conditions and safeguards as are appropriate under this chapter or other applicable code or ordinance provisions, or deny conditional uses when not in harmony with the purpose and intent of this chapter. A conditional use shall not be granted by the City Council unless and until:
(1) A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested.
(2) Proposed conditional uses for planned development shall also be submitted to the Planning and Zoning Board for study, and the written recommendation of the Planning and Zoning Board shall be considered as part of the official record when hearing an application for a planned development.
(3) Public notice shall be given as required by state statutes. The owner of the property for which conditional use is sought or his agent shall be notified by certified mail. Notice of such hearing shall be posted on the property for which conditional use is sought.
(4) A courtesy notice may be mailed to the property owners of record within a radius of five hundred (500) feet, provided, however, that failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder.
(5) Any party may appear in person, or be represented by a duly authorized representative.
(B) In granting any conditional use, the City Council may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter and punishable as provided by this chapter. The City Council shall prescribe a time limit within which the action for which the conditional use is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the conditional use.
('74 Code, § 25-293) (Ord. 89-08, passed 4-27-89; Am. Ord. 95-45, passed 10-19-95; Am. Ord. 2016-17, passed 4-21-16)