A. On receipt of a completed application for a special use permit, the planning director shall schedule a public hearing before the board for the next available meeting, allowing time for the requirement for notice and staff and agency review.
B. At a minimum, the planning director shall provide public hearing notice to adjacent property owners as set forth in subsection 12-244E of this subchapter, notifying them of the public hearing. These letters shall be sent by U.S. mail, at least fifteen (15) days prior to the date of the hearing and shall include a description of the proposed special use, and the date, time and place of the public hearing. The planning director shall also send the public hearing notice to be sent to those public agencies that may be affected by the proposed special use.
C. The planning director shall have notice of the public hearing published in one issue of the official county newspaper at least fifteen (15) days prior to the date of the public hearing. This notice shall contain a description of the proposed special use, and the date, time and place of the public hearing. The planning director shall have the notice of public hearing posted in a prominent place on the property at least one week prior to the date of the public hearing.
D. The board shall hold a public hearing on the application for a special use permit. The board shall consider the application, the standards for special uses in section 12-245 of this subchapter, any comments received, the facts on the record and may:
1. Approve the special use permit, attaching any conditions that the board considers necessary under the terms of this subchapter;
2. Require that specific changes be made to the application before the special use permit is approved; or
3. Deny the special use permit and specify the actions (if any) that the applicant could take to obtain approval.
E. The final decision on any special use permit application shall be in writing and state: the specific location; event, use or structure; the person or persons responsible for compliance with the terms of the permit; and any and all limitations or conditions placed on the special use permit. If the final decision is to deny the special use permit, the written decision shall also specify the actions (if any) the applicant could take to obtain approval of the special use permit.
F. The violation of any specific term, limitation or condition of a special use permit is a violation of this subchapter. Each day each violation continues is a separate offense.
G. Violation of this subchapter is a misdemeanor and, upon conviction, shall carry a penalty of three hundred dollars ($300.00) or six (6) months imprisonment.
H. In addition to the criminal penalties above, the county may pursue civil actions to enjoin further violation, enforce the terms of a special use permit or recover damages caused by a violation of the terms of a special use permit. (Ord. 501, 11-18-2008)