The applicant for a conditional use permit shall file the application in writing in the office of the Zoning Administrator and pay a fee as provided in Chapter 86, Fees, when the application is filed.

The Zoning Administrator shall refer the application to the Planning Commission. Property owners within 200 feet of the property in question shall be given notice of pendency of the application and when the same will be considered by the Planning Commission, although failure of any property owner to receive such notification shall not invalidate the proceedings. It shall be the responsibility of the Zoning Administrator to cause said notices to be mailed. The Zoning Administrator shall also cause notice of the date, time and place at which the Planning Commission anticipates it will consider said application to be mailed to the applicant. All notices required to be mailed pursuant to this section shall be mailed at least five days prior to the date upon which the application will be considered.

The Planning Commission shall consider the application at its next regular meeting, after compliance with notice requirements of this section.

The applicant or his or her representative shall appear before the Planning Commission and answer any questions concerning the proposed conditional use. If the applicant or his or her representative fails to so appear, the Planning Commission may recommend denial of the application.

The Planning Commission shall consider possible adverse effects of the proposed conditional use and what additional requirements may be necessary to prevent such adverse effects.

The reports of the Planning Commission containing its findings and recommendations shall be referred to the City Council and placed on the agenda of the Council at its next regular meeting following referral from the Planning Commission.

The City Council shall take action on the application within 60 days after receiving the report of the Planning Commission. In determining whether or not to allow the conditional use, the Council shall consider the nature of the adjoining land or buildings, the effect upon traffic, whether similar uses are in existence on nearby premises and such other factors as the Council deems appropriate, including the recommendations of the Planning Commission. If it grants the conditional use permit, the City Council may impose any special conditions it considers necessary to protect the public's health, safety and welfare. If the permit is denied the Council shall advise the applicant of the reasons within 10 days of the date of decision. No use shall be allowed which is not compatible for the zone in question.

An amendment to this chapter may be initiated by the City Council, the Planning Commission or by a petition of the affected property owners.

All requests for amendment not initiated by the Planning Commission shall be referred to the Planning Commission and the procedures contained in Chapter 29 of the Code of the City of Breckenridge establishing a Planning Commission for the City of Breckenridge, Minnesota, defining its powers and duties and establishing its procedures and any amendments to or replacement of this chapter shall be complied with before any amendment becomes effective, except that only one public hearing need be held either by the Planning Commission or the City Council.

Prior to adopting any amendment which would change the zoning classification of any area, the following factors shall be considered by the Planning Commission before making its recommendation to the Council and shall thereafter be considered by the Council prior to changing a zoning classification:

The Zoning Map referred to in § 190-19 of this chapter may be amended as provided in this section.