An application for a special use permit shall be made in accordance with the following procedures.
(A) Prior to the preparation of a formal application, the applicant or his agent shall meet with the Zoning Administrator to discuss the situation, learn the procedures, obtain an application form, and present any preliminary information.
(B) The applicant or his agent shall complete the application and shall prepare a site plan and other supporting materials that contain the information requested in § 150.185 of this chapter as well as the following:
(1) Description of business operations, including hours, products, market area, traffic volumes, and timetable for development (if applicable);
(2) A written joinder agreement signed by the title holder of the property and notarized, concurring with the special use request (if the applicant is not the owner of the property).
(C) The applicant or his agent shall file the completed application form, and the required site plan and exhibits, with the Zoning Administrator at least 20 days prior to the required public hearing, and shall pay a filing fee according to the fee schedule in this chapter. The Zoning Administrator shall schedule the application for a public hearing before the Commission.
(D) The applicant shall have notice of the public hearing published in a local newspaper of general circulation at least 15 days but not more than 30 days prior to the public hearing.
(E) Notices of the public hearing shall be mailed to all property owners within 250 feet of the outer boundaries of the property in question. Said mailing shall be completed at least 15 days but not more than 30 days prior to the public hearing. The failure of any property owner to receive such notification shall not invalidate the proceedings.
(F) If all required site plans and exhibits are provided, the Commission shall hold the public hearing and shall study the application to determine possible adverse effects of the proposed special use and to determine what additional requirements may be necessary to reduce such adverse effects. If all required plans and exhibits are not available for the Commission's consideration, action on the application may be delayed until the information is made available.
(G) In reviewing the special use permit application and the other evidence presented, the Commission shall consider the following criteria. Any request for a special use permit shall be reviewed for consistency with the following criteria:
(1) The use is in substantial harmony with the purpose and intent of the Zoning District in which it is to be located.
(2) The use conforms to all applicable regulations of the Zoning District in which it is to be located.
(3) The use is necessary for the public convenience at the location.
(4) The use is consistent with applicable provisions of the Comprehensive Plan.
(5) The use is compatible with the existing or allowable uses of adjacent properties.
(6) The use will preserve the essential character of the neighborhood in which it is located.
(7) The use will not adversely affect the public health, safety or welfare.
(8) The use will not adversely influence living conditions in the immediate vicinity.
(9) The use will not adversely affect adjacent properties.
(10) The use will not create undue traffic congestion.
(11) The request conforms to all applicable provisions of this chapter.
(H) The Commission shall prepare and adopt findings and make a recommendation on the application in accordance with § 150.132 of this chapter.
(Ord. 8612, passed 12-2-08)