Any application for a conditional zoning certificate for any land or structure use permitted under this Zoning Ordinance shall be submitted in accordance with the following procedures:
(a) Application Submitted to the Zoning Inspector. Any application for a conditional zoning certificate shall be made to the Zoning Inspector and submitted to the Planning Commission on a special form for that purpose. Each application shall be accompanied by the payment of a fee of fifty dollars ($50.00) which fee shall not be refundable. In addition, the Planning Commission, where appropriate, may refer an application to qualified consultants for a report if it deems the proposed use may cause the emission of dangerous or objectionable elements or require special study. The cost of such report shall be at the expense of the applicant and such report shall be furnished to the Planning Commission as soon as it is practicable.
(b) Data Required with Application.
(1) Form supplied by Planning Commission completed by applicant.
(2) Site plan, plot plan or development plan of the entire property being considered, drawn to a reasonable scale and showing the location of all abutting streets, the location of all existing adjacent and proposed structures, the types of buildings, their uses and the acreage or area involved, including that for parking.
(3) Complete plans and specifications for all proposed development and construction, and, where appropriate, reclamation.
(4) A statement supported by substantiating evidence regarding the requirements enumerated in Section 1145.03.
(c) Review by the Planning Commission. The Planning Commission shall review the proposed development, as presented on the submitted plans and specifications in terms of the standards established in this Zoning Ordinance. Such review by the Planning Commission shall be completed and made public within ninety-five days of the date of submission.
(d) Hearing. After adequate review and study of any application the Planning Commission shall hold a public hearing or hearings upon every application after at least one publication in a newspaper of general circulation in the City at least ten days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing.
(e) Issuance and Revocation of Conditional Zoning Certificates; Violation and Penalty. Only upon conclusion of hearing procedures relative to a particular application and adequate review and study may the Planning Commission issue a conditional zoning certificate. The breach of any condition, safeguard or requirement shall automatically invalidate the certificate granted, and shall constitute a violation of this Zoning Ordinance.
(f) No application for a conditional zoning certificate which has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration as determined by the Planning Commission. At the expiration of one year from the date of the original application, each reapplication shall be accompanied by a fee of twenty-five dollars ($25.00).
(g) Termination. The conditional zoning certificate shall become void at the expiration of one year after date of issuance unless the structure of alteration thereof is started.
(h) Continuation of Existing Uses Conditionally Permissible. All uses existing at the time of passage of this Zoning Ordinance and conditionally permissible in their respective districts under this Zoning Ordinance shall be issued conditional zoning certificates by the Planning Commission within one year after the passage of this Zoning Ordinance.
(Ord. 22-1972. Passed 8-1-72.)