When an appeal regarding a conditional use permit has been filed in accordance with § 160.609(c), the city council shall conduct a public hearing to act on all applications which have been processed and forwarded to them for public hearing as provided in this section.
(a) Public notice. Signs shall be posted on the property for a continuous period of ten days immediately prior to the public hearing held by the city council to consider any conditional use permit appeal. The signs shall be furnished by the department of planning and building services; state the date, time and location of the public hearing and be posted by the applicant in the numbers, design and locations prescribed by the director. Before any action shall be taken by the council, the applicant shall first file with the department of planning and building services a certificate verifying that the signs have been posted at the proper location before the time specified by this section.
(b) Hearing. Upon the day of the public hearing, the city council shall review the decisions and recommendations of the planning commission of all applications coming before the city council as provided in this subchapter. The city council, in making its determination of the applications, may make changes in accordance with or in rejection or modification of the recommendation of the planning commission.
(c) Action and protest. Approval or denial of any application for a conditional use plan shall be by a majority of members present. Any person or persons, jointly or severally, aggrieved by any decision of the city council, or any taxpayer, or any officer, department or board of the city, may make application with the circuit court for appropriate writ not later than 30 days after the filing of the decision.
(1992 Code, App. B, § 15.59.055) (Ord. 42-83, passed 6-27-1983; Ord. 45-95, passed 3-6-1995; Ord. 55-97, passed 8-4-1997; Ord. 67-98, passed 7-6-1998; Ord. 56-05, passed 6-6-2005; Ord. 58-06, passed 5-1-2006; Ord. 18-11, passed 4-4-2011; Ord. 9-13, passed 3-19-2013)