(A) Submission of application. The application package is to be submitted to the City Zoning Administrator.
(1) Contents. The application package consists of a special use permit application form completed in full by the applicant, accompanied by a fee as established by the City Commission and a site plan.
(2) Application deadline. The complete application package must be submitted to the Zoning Administrator at least 20 days before the Planning Commission meeting at which it will be considered.
(B) Simultaneous consideration of rezoning and special use permit. In the event that allowance of a desired use requires both a rezoning (change in zoning district designation for the parcel) and a special use permit, both requests may be submitted jointly and considered at a single meeting of the Planning Commission, subject to the following requirements.
(1) Separate. The rezoning shall be considered separately from the special use permit.
(2) Procedures. The ordinance procedures for each decision shall be followed as specified. Any special use permit approval must be conditioned upon adoption of the rezoning by the City Commission.
(3) Standards. All standards required by this chapter shall be observed for each action.
(4) Public hearings. The public shall be given the opportunity for input on both the rezoning and special use decisions. Thus, two separate public hearings shall be held at the same meeting.
(C) Planning Commission review and hearing. The special use permit application package shall be the subject of both a site plan review and a public hearing conducted by the Planning Commission. If the applicant wishes to have the site plan review and special use permit considered at a single Planning Commission meeting, the following process occurs.
(1) Public hearing on special use. The Planning Commission shall hold a public hearing on the application as part of the meeting in which the special use permit is considered.
(a) Notice. A notice of public hearing shall be mailed to all parties specified in § 154.154 and published in a newspaper of general circulation in the city not less than five nor more than 15 days before the date of such hearing.
(b) Delay at applicant’s request. If a site plan for a special use has been denied, the applicant may ask that the special use permit, including the public hearing, be postponed; however, postponing the hearing prior to the hearing taking place requires an additional notification of neighboring property owners and newspaper publication of another notice. Therefore, the applicant will be required to pay an additional application fee to offset the Commission’s added cost.
(2) Consideration of special use permit. Following the close of the public hearing, consideration of the special use permit shall take place.
(a) Open meeting. Note that the Open Meetings Act requires this vote to take place in an open public meeting.
(b) Prompt decision. In the interest of fairness and a timely response for all concerned parties, the Planning Commission shall render their decision on the special use permit during the same meeting in which the public hearing is held, unless further information must be obtained before a decision can be made. In such cases, action upon the special use permit may be tabled to a public meeting of the Planning Commission to be held on a specific date that is identified in the motion to table.
(3) Site plan review. The Planning Commission shall conduct a site plan review for the proposed use, using the procedure and standards presented in § 154.135, and any specific standards identified for the special use by this chapter. The Planning Commission may approve the site plan as presented, approve it with conditions, deny it or table approval of it to a specific meeting date.
(a) Public input. The site plan review may be completed before public input is heard on the question of granting the special use permit. This is because the site plan review process is intended to be an objective review of factual information to determine whether precise standards have been met; however, the Planning Commission may choose to accept public comments or questions relating only to design considerations of the site plan.
(b) If the site plan is denied. In the event the site plan is denied, consideration of the special use permit shall still occur, including the public hearing. The special use permit may still be approved with the condition that site plan approval must be obtained before the special use permit is valid.
(D) Re-application. An application for a special use permit that has been denied may not be resubmitted until one year after the date of denial has passed.
(E) Terms of permit. A special use permit consists of a permit that specifies the special use which is to be allowed and any conditions which were attached by the Planning Commission. If a use established under a special use permit is discontinued for a period of one year, the special use permit shall expire. To reestablish the use after such expiration will require granting a new special use permit, starting with a new application.
(F) Revocation. The privilege of a special use permit is subject to all the conditions that have been attached to it during the process described above. Except as noted in division (F)(4) below, the permit remains valid as long as all of those conditions are met; however, the city, via the Planning Commission, shall revoke any special use permit after it has been proven that the permit conditions have been violated.
(1) First notice. The Zoning Administrator shall send written notice of a violation to the holder of the permit by certified mail. The notice shall state that correction must be made within 30 days or the Planning Commission will revoke the special use permit and order the use to cease.
(2) Considered nonconforming. From the time the Zoning Administrator’s notice of violation is issued, until compliance with all special use permit conditions is restored, the use in question shall be treated as an unacceptable nonconforming use.
(3) Planning Commission action.
(a) The Zoning Administrator shall notify the Planning Commission of the violation of conditions of the special use permit at the next regular Planning Commission meeting, and revocation of the special use permit shall be considered then.
(b) The Planning Commission’s meeting will usually take place before the 30-day period for the first notice has expired. In that case, the resolution to revoke the special use permit should be worded so that it takes effect only if compliance with all requirements is not restored.
(c) It shall also include authorization for the Zoning Administrator to order the permit holder to cease the permitted use if the violations are not corrected by the end of the first notice period.
(4) Second notice and order. After expiration of the 30-day period, the Zoning Administrator shall notify the permit holder by certified mail that the special use permit has been revoked, and the use for which the permit was granted must cease within 60 days from the date of this second notice.
(5) Enforcement of order. Failure to comply with the order to cease an activity for which a special use permit has been revoked is a violation of this chapter, subject to all penalties thereof.
(G) Standards to consider when reviewing a special use permit.
(1) Standards attached to site plan review. Before approving or denying a special use permit Application, the Planning Commission reviews the site plan for said use, to establish that all applicable standards are satisfied. The site plan review shall determine compliance with the applicable district regulations, the site plan review standards from § 154.135 and any applicable standards from this chapter.
(2) Additional conditions.
(a) The Planning Commission may stipulate any additional conditions or safeguards deemed necessary to achieve the objectives of this chapter.
(b) These may be defined during the site plan review process or during consideration of whether to grant the special use permit.
(c) All conditions attached to the approval of the site plan are also conditions of the special use permit. These conditions, and the reasoning behind them, must be documented in the Planning Commission’s minutes, written on the site plan itself and communicated to the applicant in writing.
(d) The permit will not take affect until the conditions of approval are accepted by the applicant, signified by the signatures on the site plan itself, of both the applicant and the Planning Commission Chairperson.
(3) Enforcement of conditions. The breach of any condition shall be cause for the Planning Commission to revoke a special use permit.
(Ord. passed 11-2-2005)