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I <br />I <br />I <br />§ 10.09 <br />Subd. 4. Conditional Uses: Failure of Planning Commission to Act,' If no <br />recommendation is transmitted by the Planning Commission within sixty (60) days after referral of <br />the application for conditional use to the Commission, the Council may take action without ftirUier <br />awaiting such recommendation. <br />Source: Municipal Code <br />Effective Date: 9-14-67 <br />1 <br />I <br />I <br />I <br />I <br />I <br />1 <br />Subd. 5. Conditional Uses: Hearings and Notice. The Planning Commission or Council <br />may hold a public hearing or hearings on each application for a conditional use permit. Notice of the <br />public hearing shall be given not less than ten (10) days or more than thirty (30) days prior to the <br />date of the hearing by publication in the official newspaper for the City. Such notice shall contain <br />the description of the land and the proposed conditional use and the time and place of the hearing. <br />At least ten (10) days before the hearing, the City Clerk shall mail an identical notice to the owner <br />and to each of the property owners within 350 feet of the outside boundaries of the land in question. <br />For the purpose of g' ring mailed notice, the person responsible for mailing the notice may use any <br />appropriate records to determine the names and addresses of owners. A copy of the notice and a list <br />of the owners and addresses to which the notice was sent shall be attested to by the responsible <br />person and shall be made a part of the records of the proceedings. The failure to give mailed notice <br />to individual property owners, or defects in the notice shall not invalidate the proceedings, provided <br />a bona fide attempt to comply with this Subdivision has been made. At the public hearing the <br />Plaiming Commission or Council shall review the application and the statements and drawings <br />submitted therewith and shall receive pertinent evidence concerning the proposed use and the <br />proposed conditions under which it would be operated or maintained. Any party may appear at the <br />hearing in person or by agent or attorney. Subject to such limitations as may be imposed by the <br />Council, the Planning Commission or Council may adopt rules for the conduct of proceedings before <br />it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written <br />briefs by the parties. The City shall provide for a record of the proceedings which shall include the <br />minutes of the meetings, the findings, and the action taken on each matter heard including the final <br />action. <br />Subd. 6. Conditional Uses: Granting of Permit. <br />A. The Planning Commission may recommend and the Council may grant a <br />conditional use permit as the use permit was applied for or in modified form, if on the basis of the <br />application and the evidence submitted, the City makes the following findings: <br />1. That the proposed location of the conditional use is in accord with <br />the objectives of the Zoning Chapter and the purposes of the district in which the site is located and <br />Comprehensive Municipal Plan; <br />2. That the proposed location of the conditional use and the proposed <br />condition under which it would be operated or maintained would not be detrimental to the public <br />health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and, <br />ORONO CC 269 (4-1-84) <br />I