(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 considered 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. Notice of such hearing shall be posted on the property for which conditional use is sought.
(4) A courtesy notice shall be mailed, at the applicant's expense, 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.
(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. The conditional use shall commence within two (2) years of the date that the conditional use is granted, as evidence by the issuance of a certificate of occupancy, certificate of completion and/or business tax receipt, as applicable. One (1) administrative extension of one (1) year may be approved by the City Manager, or designee, following a written request by the applicant within 60 days prior to the date of expiration.
(Ord. 2023-49, passed 7-20-23)