The Planning Commission shall hear, in accordance with the provisions of this chapter, requests for conditional uses only when the following provisions are met:
(A) A written application for a conditional use per § 154.491 indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested is submitted to the Zoning Administrator;
(B) Notice of public hearing is given at least ten days in advance by publication in the legal newspaper of the municipality;
(C) Written notice of the public hearing is sent to the applicant and all owners of real property lying within 150 feet of the property on which the conditional use is pending. The notice shall be given to each owner of record by depositing such notice in the United States Post Office not less than ten days prior to the hearing date;
(D) A notification sign is posted on the property upon which action is pending at least seven days prior to the hearing date. Such signs shall be placed along the property’s street frontage so as to be visible from the street. If a property does not have a street frontage, then such signs shall be placed upon the closest available right-of-way and upon the property. Said signs shall be not less than 187 square inches in size. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to such hearings;
(E) The public hearing shall be held. Any party may appear in person, or by agent or attorney;
(F) The Commission shall make a finding that it is empowered under the section of this chapter described in the application to recommend granting the conditional use, granting with conditions or denying the conditional use and that the granting of the conditional use will not adversely affect the public interest; and
(G) Before any conditional use recommendation, the Commission shall make written findings certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangement has been made concerning the following, where applicable:
(1) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
(2) Off-street parking and loading areas where required; with particular attention to the items in division (G)(1) above and the economic, noise, glare, odor or other effects of the conditional use on adjoining properties and properties generally in the district;
(3) Refuse and service areas, with particular reference to divisions (G)(1) and (G)(2) above;
(4) Utilities, with reference to locations, availability and compatibility;
(5) Screening and buffering with reference to type, dimensions and character;
(6) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;
(7) Required yards and other open spaces; and
(8) General compatibility with adjacent properties and other property in the district.
(H) The recommendation should be in the form of a motion clearly stating the Commission’s recommended action. The Commission shall forward its recommendation to the City Council, who will set the Board of Adjustment meeting at which the application is being considered.
(Prior Code, § 16.26.03) (Ord. 737, passed - -; Ord. 800, passed - -)