(A)   A person desiring a special use classification must submit a petition to the Municipal Planning Commission. The petition must contain a site plan showing the following:
      (1)   The proposed use of land.
      (2)   The location and size of all buildings and structures, including signs.
      (3)   The location of streets, access drives, and off-street parking and loading facilities.
      (4)   Buffer landscaping and required green area.
      (5)   Any other plans or specifications which the staff of the Municipal Planning Commission deems necessary.
   (B)   After receipt of the petition, the Municipal Planning Commission (MPC) for the town shall conduct a public hearing pursuant to I.C. 36-7-4 for which 12 days’ prior notice has been given by the applicant by certified mail, return receipt requested, to abutting property owners whose boundaries include and/or are contiguous to the subject property, and to the public by legal advertisement. Also, no less than 12 days prior to the hearing, a notice containing the date, time, place, and purpose of the hearing must be posted conspicuously on the property by the petitioner. Should the petitioner fail to comply with the notice requirements, as provided by this section, before the next regular meeting of the Municipal Planning Commission following the date the petition is filed, the petition shall be withdrawn by the Commission and the time limits imposed by § 175.10 shall apply. After public hearing, the Municipal Planning Commission shall make its determination for approval, denial or modification of the special use classification based on the following criteria:
      (1)   Whether the specific site is an appropriate location for the use.
      (2)   Whether the use as developed will adversely affect the surrounding area.
      (3)   Whether there will be nuisance or serious hazard to vehicles, pedestrians, or residents.
      (4)   Whether adequate and appropriate facilities will be provided for proper operation of the use.
      (5)   Whether the use is in harmony with this title.
      (6)   Whether the use is essential or desirable to the public convenience and welfare.
   (C)   The Municipal Planning Commission’s approval or modification of a special use classification may include whatever reasonable conditions, limitations or temporary uses necessary for the protection of the public interest including the following:
      (1)   Greater front, side and rear yards than the minimum for the area.
      (2)   More off-street parking and screening.
      (3)   Modification of exterior design or materials.
      (4)   Limitations on the lot coverage and occupancy of the building or structure.
      (5)   Limitations on signs and sign coverage.
      (6)   Time limitations.
   (D)   To protect the interest and to ensure compliance with requirements to be included in the site plan, the Municipal Planning Commission may require whatever evidence and guarantees are necessary to assure compliance with conditions, limitations and temporary uses.
(Ord. 2017-02, passed 2-20-2018)