(a) Before making a decision as to whether to approve, disapprove or approve with conditions a conditional use permit application, City Council shall:
(1) Refer the application to the City Planning Commission and await its recommendations, which shall be formulated no later than the regular meeting following that at which the application was first received by the Commission, and which shall be forwarded promptly to the City Council.
(2) Schedule, advertise and duly hold a public hearing for any conditional use proposed. Notification of the hearing shall be placed in a newspaper of general circulation at least twenty days before the date of the hearing. Notification of the hearing shall also be mailed by the City Engineer at least twenty days before the arranged date to all owners, as they appear in the records then maintained in the office of the City Engineer (being copies of County tax records), of land within 500 feet of the proposed site. All such advertising and notification costs shall be borne by the property owner requesting such conditional use. The actual costs for postage and processing such notice shall be charged to and reimbursed by the person or corporation who or which submitted the application for the conditional use. The actual costs shall be reimbursed to the City prior to the public hearing. If any property owner fails to receive notice as provided herein, such failure shall in no way invalidate any actions, proceedings or determinations by the City as provided for by this chapter.
(Ord. 45-93. Passed 7-19-93.)
(b) Upon hearing the Planning Commission's recommendation, after holding any necessary public hearing and in any event within sixty days after receipt of the Planning Commission's recommendation, Council shall instruct the Building Commissioner of its final decision. Council may grant two extensions of up to thirty days each upon which it has to act on the application, provided the applicant has requested an extension in writing to the Planning Committee Chairman. A Council decision which reverses a recommendation of the Commission shall require a two-thirds majority vote.
(Ord. 159-95. Passed 9-5-95.)
(c) The Commission, in recommending approval for a conditional use, or Council, in granting the same, shall set forth any specific terms or conditions deemed necessary to ensure compliance with the intent and standards of this Zoning Code.
(Ord. 45-93. Passed 7-19-93.)