(A) Notification of request.
(1) Upon receipt of an application for a special use permit, notice shall be given that a request for special use approval has been received. The notice shall be published in a newspaper, which circulates in the township, and 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. The notice shall be given not less than 15 days before the date of the meeting that the application will 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 special area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or special area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct special 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) The notice shall:
(a) Describe the nature of the special use request;
(b) Indicate the property which is the subject of the special use request;
(c) State when and where the special use request will be considered and the body that will be considering the application;
(d) Indicate when and where written comments will be received concerning the request; and
(e) State when and where the public hearing will be held.
(B) Public hearing. A public hearing shall be held by the Planning Commission prior to a final decision being made regarding any special use.
(C) Public hearing.
(1) A public hearing shall be held by the Planning Commission prior to a final decision being made regarding any Class II special use. A public hearing may be held by the Review Committee regarding any Class I special use. A public hearing shall be held upon request of the applicant or a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a Class I special use. If a request for public hearing is made by a property owner or occupant of property within 300 feet, on or prior to the date specified in the first notice, a public hearing shall be scheduled and notified with a second notice. The notice shall be published and delivered and shall contain the same indications as the notifications of a request for special use as provided in division (A) above, with the added information of the time and place for the public hearing.
(2) The public hearing, whether on the initiative of the reviewing body or upon request, shall be held before a decision is made by the approving body.
(D) Decisions. The review body shall, within a reasonable time after review or after public hearing, deny, approve or approve with conditions, the request.
(Prior Code, Ch. XV, § 12B.03) (Ord. 2005-1, passed 5-9-2005; Ord. 2-2014, passed 8-11-2014)