(a) Setting Hearing. The secretary of the Planning Commission shall set a public hearing to review applications for a conditional use permit.
(b) Notice of Hearing and Time for Consideration.
(1) Notice of the hearing before the Planning Commission shall be published once in one or more newspapers of general circulation in the City, at least seven days prior to the date fixed for the hearing. The notice shall include the place, time and date of the hearing, the location of the property and the nature of the proposed conditional use. Failure of a newspaper to accurately or timely publish a properly submitted notice does not invalidate the granting or denial of a conditional use permit.
(2) A notice containing the information required by subsection (b)(1) hereof shall be sent by first class mail to all property owners listed pursuant to Section 1111.02(c)(5), not less than seven days prior to the date fixed for the hearing. Failure of any such property owners to receive mail notice does not invalidate the granting or denial of a conditional use permit.
(3) The Planning Commission shall grant or deny the conditional use permit within a reasonable time after notice is published and mailed
(c) Public Hearing. The Planning Commission shall grant or deny the conditional use permit following the public hearing and after considering the criteria listed in Section 1111.03. Its decision shall be accompanied by written findings of fact and impose such conditions as are reasonably necessary to secure the purpose and objectives of this Zoning Ordinance.
(d) Right to Appeal. Any party, including the administrative staff of the City, aggrieved or affected by the decision of the Planning Commission involving an application for a conditional use permit may appeal to Council, pursuant to Section 1107.06.
(e) Issuance of Conditional Use Permit. Upon approval of the Planning Commission or upon appeal and approval by Council, the Zoning Officer shall issue to the applicant a conditional use permit which includes any conditions imposed by the Planning Commission and any modifications ordered by Council on appeal. Such permit shall become effective upon approval by the Planning Commission or upon appeal and approval by Council. A conditional use permit shall authorize only one particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall not begin within two years after the permit is issued or shall cease for more than six months after the permit is issued. A Conditional Use Permit shall be personal to the applicant and shall not run with the land, and shall expire upon a transfer of ownership.
(Ord. 01-81. Passed 1-15-02.)