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>irit and <br />ion with <br />asonable <br />official <br />nstances <br />i/ner. <br />ssential <br />itute an <br />f exists <br />I ted to, <br />energy <br />leltered <br />Section <br />ince. <br />Council <br />irmi tted <br />lere the <br />Lnce the <br />►-family <br />iting of <br />id jacent <br />ider the <br />shall be <br />ith with <br />462.36 <br />y. The <br />n of the <br />:ect its <br />lanning <br />on each <br />public <br />1 thirty <br />Hi <br />5 <br />( <br />If <br />% <br />W <br />I <br />V <br />"tJ <br />(30) days prior to the date of the hearing by publication the the <br />official newspaper for the City. Such notice shall contain the <br />description of the land and the proposed conditional use and the time <br />and place of the hearing. At least ten (10) days before the hearing, <br />the City Clerk shall mail an identical notice to the owner and to each of <br />the property owners within 350 feet of the outside boundaries of the <br />land in question. For the purpose of giving mailed notice, the person <br />responsible for mailing the notice may use any appropriate records to <br />determine the names and addresses of owners. A copy of the notice and a <br />list of the owners and addresses to which the notice was sent shall be <br />attested to by the responsible person and shall be made a part of the <br />records of the proceedings. The failure to give mailed notice to <br />individual property owners, or defects in the notice shall not <br />invalidate the proceedings, provided a bona fide attempt to comply <br />with this subdivision has been made. At the public hearing the <br />Planning Commission or Council shall review the application and the <br />statements and drawings submitted therewith and shall receive <br />pertinent evidence concerning the proposed use and the proposed <br />conditions under which it would be operated or maintained. Any party <br />may appear at the hearing in person or by agent or attorney. Subject to <br />such limitations as may be imposed by the Council, the Planning <br />Commission or Council may adopt rules for the conduct of proceedings <br />before it. Such rules may include provisions for the giving of oaths <br />to witnesses and the filing of written briefs by the parties. The City <br />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 <br />matter heard including the final order. <br />F) Amend Section 32.460 as follows: <br />Source: Ordinance No. 172 <br />Effective Date: 1-1-75 <br />32.460. Conditional Uses: Granting of Permit. <br />A. The Planning Commission may recommend and the <br />Council maygrant a conditional use permit as the use permit was applied <br />for or in modified form, if on the basis of the application and the <br />evidence submitted, the City makes the following findings: <br />1. That the proposed location of the <br />conditional use is in accord with the objectives of the Zoning Chapter <br />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 <br />conditional use and the proposed condition under which it would be <br />operated or maintained would not be detrimental to the public health, <br />safety or welfare, or materially injurious to properties or <br />improvements in the vicinity; and, <br />3. That the proposed conditional use will <br />comply with each of the applicable provisions of the Zoning Chapter. <br />B. A conditional use permit may be revokable, may be <br />granted for a limited time, or may be granted subject to such conditions <br />as the Council may prescribe. <br />long as t <br />section <br />controls <br />shall be <br />county o <br />conditio: <br />property