(A) Fee required. A fee for services shall be charged. All fees for special land use requests shall be established by resolution of the Common Council during the adoption of the annual budget and which shall be paid when the application for special land use approval is filed.
(B) Application. An application for the approval of a special land use shall be made by an owner, lessee, or other person with a legal interest in the property and who has the owner's consent to file the application. The application form shall contain such information as the Building Code Official or Plan Commission may require. The necessary fees shall accompany such application. The applicant shall also submit a color photograph of the site and existing front elevation for each special land use request submitted to the city for review. Such photographs shall be submitted with the application. With the application, the applicant shall submit the requisite number of folded site plans as required by this chapter. The application shall not be considered received by the city until all required application conditions are met.
(C) Notification required.
(1) Process. Upon receipt of an application for a special land use, one notice that a request for special land use has been received shall be published in a newspaper of general circulation in the city and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet, except that the notice shall be given at least 15 days before the application shall be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units, or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.
(2) Content. The notice shall describe the nature of the special land use request; indicate the property that is the subject of the special land use request; state when and where the special land use request shall be considered; indicate when and where written comments shall be received concerning the request; indicate that a public hearing on the special land use request may be requested by a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special use.
(D) Request for public hearing. At the initiative of the Commission, upon the request of the applicant for special land use authorization, or upon the request of a property owner of a structure located within 300 feet of the boundary of the property being considered for a special land use, a public hearing with notification as required for a notice of a request for special land use approval as prescribed above shall be held before a decision is made on the special land use request, which request is based on discretionary grounds. If the applicant or the Commission requests a public hearing, only notification of the public hearing need be made. A decision on a special land use request which is based on discretionary grounds shall not be made unless notification of the request for special land use or notification of a public hearing on a special land use request is given as required by this section.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)