§ 36-305. City council hearing and decision.

(a)

Upon request of the planner, manager or applicant, and after review and recommendation by the commission, the council shall conduct a public hearing regarding the application. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated, wholly or partly, within 1,000 feet of the tract to which the application relates insofar as the names and addresses of such owners can reasonably be determined by the clerk from records maintained by the assessor. Notification distance shall be 350 feet for conditional use permits required under sections 36-434(9) and 36-464(1). After hearing the oral and written views of all interested persons, the council shall make its decision at the same meeting or at a specified future date. No new notice need be given for hearings that are continued to a specified future date. The council shall not grant a conditional use permit, unless it finds that the establishment, maintenance and operation of the use:

(1)

Does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements;

(2)

Will generate traffic within the capacity of the streets serving the property;

(3)

Does not have an undue adverse impact on the public health, safety or welfare;

(4)

Will not impede the normal and orderly development and improvement of other property in the vicinity;

(5)

Conforms to the applicable restrictions and special conditions of the district in which it is located, as imposed by this chapter; and

(6)

Is consistent with the comprehensive plan.

(b)

Approval of a conditional use permit requires a three-fifths favorable vote of all members of the council. A favorable vote by the council shall be deemed to include a favorable finding on each of the matters set forth in subsection (a) of this section, even if not specifically set out in the approval resolution or the minutes of the council meeting.

(Code 1970; Code 1992, § 850.04(5)E)