§ 157.121 APPLICATION, REVIEW, AND APPROVAL PROCEDURES; APPEALS.

   The procedure for special land use review shall be as follows:

   (A)   Application generally.

      (1)   An applicant for a special land use shall submit a zoning compliance permit application for review and pay the required fee.

      (2)   The application presented for consideration shall contain the following:

         (a)   Name of proposed development;

         (b)   Common description of the property and complete legal description (also address, if available);

         (c)   Dimensions of land: width; length; acreage; and frontage;

         (d)   Existing zoning classification and zoning of all adjacent properties;

         (e)   Propped use of the land;

         (f)   Name, address, city, and phone number of:

             1.   Firm or individual who prepared the application;

            2.   Legal owner of the property; and

            3.   Applicant (including basis of representation).

         (g)   Signature of the legal owner and the applicant; and

         (h)   A site plan, prepared in accordance with the provisions of §§ 157.190 through 157.204, “Site Plan Review and Approval”.

   (B)   Planning Commission and/or Zoning Commission, as required, public hearing.

      (1)   If the Zoning Official finds all of the information required above is in order, the Planning Commission and/or Zoning Commission, as required, shall schedule a public hearing to review the request.

      (2)   (a)   The Village Clerk-Treasurer shall publish a notice of the public hearing in a newspaper which circulates in the village and copies of the notice shall be sent by mail to property owners and occupants of structures within 300 feet of the property in question.

         (b)   The notice shall be given not less than five days nor more than 15 days before the date of the public hearing and shall:

            1.   Describe the nature of the special land use request;

            2.   Indicate the property which is the subject of the special land use request;

            3.   State the date, time, and place of public hearing; and

            4.   Indicate that written comments may be submitted prior to or at the public hearing.

         (c)   The Planning Commission and/or Zoning Commission, as required, shall conduct the required public hearing.

         (d)   The Planning Commission and/or Zoning Commission, as required, shall review the application in terms of the requirements of the special land use general standards listed in § 157.122 and any specific standards of § 157.130.

         (e)   The Planning Commission and/or Zoning Commission, as required, shall approve, approve with conditions (as described in § 157.123) or deny the special land use and the accompanying site plan. The decision on a special land use shall be incorporated in a statement of conclusions relative to the land use under consideration. The decision shall specify the basis for the decision, and other conditions imposed.

         (f)   Appeals of decisions of the Planning Commission and/or Zoning Commission, as required, to deny a special land use or to approve a special land use with conditions shall not be appealed to the Zoning Board Appeals and may only be appealed to Circuit Court.

(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)