(A) Application. A person owning or having an interest in a property may apply for a special use as provided in this chapter.
(B) Filing. An application shall be filed with the Director of Public Works at least 30 days prior to the Planning Commission meeting at which it is first to be considered. Further consideration and scheduling before the Planning Commission shall not occur unless the application is found to be complete.
(C) Fees. A non-refundable fee shall be paid when an application is filed. The application shall not be considered until all fees, established by resolution of the City Commission, have been paid in full.
(D) Application requirements. A completed application, signed by the property owner, must be accompanied by the following:
(1) Copies of a site plan that meet the standards and requirements of Article X;
(2) A statement indicating that the proposed use complies with the general standards for approval in § 5.94, any specific requirements for the use and with all other applicable ordinance requirements; and
(3) Any additional information deemed necessary to determine the impact of the proposed special land use on adjacent properties, public infrastructure and the community as a whole. Information may include, but is not limited to, traffic impact analyses, environmental impact assessments, market studies (to determine market demand and feasibility), fiscal impact analyses or reports and/or testimony by officials representing state, county or local departments of public safety (police and fire), health, highways or streets and/or environment. Any additional studies deemed necessary may be completed by an individual or firm of the city’s choosing, but at the applicant’s expense.
(E) Scheduling for special use and site plan review. The Director of Public Works will review the application and, if determined to be complete, shall schedule the special use request before the Planning Commission.
(F) Review and action.
(1) The Director of Public Works or designee shall review the application and, if determined to be complete, shall schedule a public hearing to consider the special land use. The public hearing shall be noticed as required by the state’s Zoning Enabling Act.
(2) The Planning Commission shall conduct a public hearing and also review the site plan submitted with the application.
(3) Following the public hearing, the Planning Commission shall consider the application, public comments, the accompanying site plan, and the standards of § 5.94 and shall approve, approve with conditions, or deny the special use request.
(4) Upon approval or approval with conditions of both the special use request and the site plan, the Director of Public Works shall issue a special use permit, which shall be subject to the conditions of approval, if any, and all other applicable requirements for the proposed use and the zone district.
(Ord. effective 11-29-2013; Ord. effective 1-28-2023)