The procedure to be followed in considering application for special uses shall be as follows:
(A) Application. An application verified by the owner or authorized agent of the owner of the property involved, shall be filed with the City Clerk for the attention of the Plan Commission upon a form prescribed therefor, which shall contain or be accompanied by all required information.
(1) Applicants for a Special Use Permit shall file a written application on a form supplied by the HBZ Office which shall be signed by the property owner or his or her authorized representative and (if different) the applicant, under penalty of perjury. If an authorized representative is involved for the owner or applicant, the authorized representative shall provide a notarized sworn affidavit from the owner or applicant attesting to the authorized representative's standing. Said form shall be accompanied by a nonrefundable fee which shall be set from time to time by resolution of the City Council.
(2) Contents of application. The application shall at a minimum provide the following information:
(a) The name(s) and mailing addresses of the property owner(s) and proposed business operators;
(b) The property location, including assessor's parcel number, and legal description of said property;
(c) The name and nature of the business and activities to be conducted on the property;
(d) The proposed hours of operation, if applicable;
(e) A detailed site plan drawn to scale and dimensioned including:
1. All buildings and structures, existing or proposed, on the site.
2. Traffic access and circulation at the site.
3. Parking and loading areas.
4. Utility services such as water, sanitary sewer, electricity, natural gas, phone, cable, and storm sewers.
5. Setbacks and spaces between buildings.
6. Walls, fences, and landscaping and their location, height, and materials.
7. Sign types, locations and sizes.
8. Location and design of exterior lighting sources.
9. Trash and recycling facilities;
(f) A detailed floor plan of any existing or proposed buildings or structures drawn proportionally and showing dimensions of the uses within each room and the location of all walls and partitions including their height and material of construction;
(g) The location of all doors and windows, including sizes, materials and coverings if any;
(h) A written description of the proposed use that includes pertinent information concerning the proposed use. This written description must also explain the need for the proposed use at the petitioned site. This written description must also include a description of how the request satisfies the review standards found in subsection (C) below.
(i) All other information required to provide an explanation as to how the proposed project will comply with the requirements of this chapter and such other information as the HBZ Officer shall deem appropriate.
(B) Public hearing. Upon receipt of such verified application, the Clerk shall notify the Chairperson of the Plan Commission, or in his absence the Vice Chairperson, who shall give notice of a public hearing in the same manner as provided for hearings on the reclassification of property as contained in § 155.207. A record of pertinent information presented at the public hearing shall be made and maintained by the Plan Commission as part of the permanent record relative to the application.
(C) Determination. The Plan Commission shall then make its findings and recommendations to the Council within 30 days following the date of public hearing on each application. The Council may then authorize a special use as defined herein by specific ordinance, provided the evidence presented is such as to establish beyond reasonable doubt:
(1) That the proposed use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience, and will contribute to the general welfare of the neighborhood or community;
(2) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity, and
(3) That the proposed use will comply with the regulations and conditions specified in this chapter for such use, and with the stipulations and conditions made a part of the authorization granted by the Council.
('71 Code, § 11-22-3) (Ord. 1413, passed 9-13-60; Am. Ord. 3201, passed 3-8-99)