A. No land or structure may be used for any purpose or designed, constructed or altered for such purpose, in a district where such use is not listed as a permitted use, unless such use is provided for as a conditional use in the district and a conditional use permit is applied for (in writing on appropriate forms with a site plan) and granted by the city council.

B. A conditional use permit shall only be granted by the city council based upon a statement of findings of fact that:

A. Whenever a property owner applies (in writing, on an appropriate form with a site plan) for a conditional use permit for any conditional use listed in the regulations for the district in which the property is located, the mayor or designee shall review the application and prepare a report regarding compliance of the application with all applicable requirements and processes of this title, which report shall include a recommended period of time for the permit, the site plan, and copies of all records considered by the mayor or designee in preparing the report. The mayor or designee shall present the report to the planning commission at a planning commission meeting, and also shall request the planning commission to schedule a public hearing on the application at its next regular meeting, or at the option of the planning commission, at a special meeting. After the planning commission has set a the date for a public hearing, the mayor or designee shall cause notices thereof to be sent by U.S. mail to all property owners within three hundred feet of the property, and to be published in a newspaper of general circulation within the city. The notices shall be mailed and published at least ten days prior to the hearing and shall contain:

B. The public hearing before the planning commission shall be held in accordance with any general or specific rules adopted therefor by the planning commission. The planning commission shall cause an audio recording of the public hearing to be made. The planning commission may continue the public hearing without giving notice thereof by mail or publication. The planning commission may request the mayor or designee to obtain additional records for or present additional testimony to the planning commission at the public hearing.

C. After closing the public hearing, the planning commission shall vote to recommend approval, approval with modifications, or disapproval of the application to the city council, based upon the report of the mayor or designee and the testimony and records received by the planning commission at the public hearing. The planning commission shall approve a written recommendation that includes findings of fact and conclusions of law and a period of time for the conditional use permit, and identifies and incorporates by reference the report of the mayor or designee and the records received by the planning commission at the public hearing (collectively hereafter in this chapter the “recommendation and attachments”). In the recommendation, the planning commission may modify the site plan and include limitations or conditions, including but not limited to limitations or conditions that enhance the appearance of the property, reduce adverse effects on the surrounding area or the occupants thereof, preserve the character of the surrounding area, protect or enhance the view from this or other properties, or make the conditional use more acceptable in other ways. The planning commission shall cause a copy of the recommendation and attachments to be sent to the applicant and the mayor or designee.

D. In the course of the hearing or its deliberations, the planning commission may consult such officials or persons as may be deemed helpful or necessary. (Ord. 1151-17 § 2; Ord. 817 § 2, 1996).

A. After receipt of the planning commission recommendation and attachments, the mayor or designee shall cause the recommendation and attachments, together with a copy of the audio recording of the planning commission public hearing, to be presented to the city council at one of its next two regular meetings. At this meeting, the city council shall schedule its consideration of the recommendation at one of its next two regular meetings. At the scheduled meeting, the city council shall review and consider the recommendation. The city council may continue review and consideration of the recommendation at subsequent meetings without giving notice thereof by mail or publication.

B. The city council shall not hold a public hearing on the application, but shall enter its decision to approve, approve with modifications, or disapprove the application based on the planning commission recommendation and attachments. The city council may remand the application to the planning commission, requesting the planning commission to reopen the public hearing upon the same notice as required for the planning commission public hearing, receive additional testimony or additional records, and forward the testimony and records to the city council. The planning commission shall cause an audio recording of the reopened public hearing to be made.

C. The city council shall adopt a written decision, which shall be approved by resolution and shall include findings of fact and conclusions of law and the period of time for the conditional use permit. The planning commission recommendation and attachments and additional testimony or records obtained by the city council from the planning commission, will be presumed to have been adopted by the city council, unless specifically provided otherwise in the decision. The decision also shall reference and quote subsection D of this section.

D. The conditional use permit shall be effective for the period of time stated in the city council decision. The conditional use permit shall expire and terminate unless the applicant or successor in interest (collectively hereafter in this chapter the “applicant”) implements the permit by commencing the use authorized by the permit or filing a complete building permit application for construction authorized by the permit within twelve months of the date of the city council resolution adopting the city council decision, or within a longer period in the decision; provided, that if the decision is appealed, the implementation period shall commence on the date of the decision on appeal. The city council may grant an extension or extensions of the implementation period or the conditional use permit period pursuant to a written request filed by the applicant prior to expiration of the implementation period or permit period, as applicable.

E. If the city clerk has issued a business license to a licensee who can engage in business only pursuant to a conditional use permit, and the permit expires without the permit being implemented as provided for in subsection D of this section, the business license shall be deemed to have expired and to have been revoked by the city clerk on the expiration date of the implementation period. (Ord. 1151-17 § 3; Ord. 817 § 2, 1996).