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(a) When the Zoning Administrator receives an application for a special land use, the procedure for public hearing notification shall follow the procedures set forth in Section 3.13 of this ordinance.
(b) When the ZoningAdministrator receives an application for a special land use, the following procedure shall be followed:
(1) One (1) notice indicating that a request for a special land use has been received shall be published in a newspaper of general circulation within the City no less than fifteen (15) days before the Planning Commission meeting.
(2) Notices indicating that such a request has been received will also be sent by mail or personal delivery to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property for which a special land use has been requested. Notices will also be sent by mail or personal delivery to the occupants of structures located within three hundred (300) feet of the property in question. If the name of an occupant is not known, the term "Occupant" may be used in making notification. Notices to property owners and occupants shall not be given less than fifteen (15) days before the special land use application is considered by the Planning Commission.
(3) Notification referred to in paragraph (b)(2) hereof need not be given to more than one (1) occupant of a structure. However, if a structure contains more than one (1) dwellingunit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one (1) occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four (4) dwellingunits 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 then shall be requested to post the notice at the primary entrance to the structure. The notice shall:
A. Describe the nature of the special land use request;
B. Indicate the property that is the subject of the special land use request;
C. State when and where the special land use public hearing will be held; and
D. Indicate when and where written comments will be received concerning the request.
(c) A public hearing shall be held by the Planning Commission for all special land use requests. Notification as required in subsection (b) hereof, shall be provided before a decision is made on the special land use request.
(d) The Planning Commission may deny, approve, or approve with conditions, requests for special land use. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The statement shall specify the findings and conclusions for the basis for the decision and any conditions imposed.
(e) The Planning Commission shall review the proposed special land use in terms of the standards stated within this subsection and shall establish that such use and the proposed location comply with the following criteria:
(1) Will be harmonious and in accordance with the general objectives or any specific objectives of the MasterPlan;
(2) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area;
(3) Will not be hazardous or disturbing to existing or future nearby uses;
(4) Will be an improvement in relation to property in the immediate vicinity and to the community as a whole;
(5) Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility;
(6) Will not create excessive additional public costs and will not be detrimental to the economic welfare of the community; and
(7) Will be consistent with the intent and purposes of this Zoning Ordinance.
(f) The Planning Commission may impose additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights and for ensuring that the purposes of this Zoning Ordinance and the general spirit and purpose of the district in which the special land use is proposed will be observed.
(g) Any special land use approval given by the Commission, shall become null and void unless construction and/or use is commenced within one (1) year. Any special land use that has been commenced but abandoned for a period of one (1) year, shall lapse and cease to be in effect.
(h) The Planning Commission may authorize a 12-month extension of the time limit to begin construction or commence the use of any special land use if in the Commission’s view the conditions supporting the special land use are still applicable. The applicant must submit a request to the Planning Commission in writing a least one month prior to the expiration of the Site Plan under subsection (g) above.