The application for a special use permit shall be submitted and processed under the following procedures.
(A) Submission of application.
(1) An application shall be submitted through the Zoning Administrator on a special form for that purpose. Each application shall be accompanied by the payment of a fee as established by the local Township Board.
(2) In the event the allowance of a desired use requires both a rezoning and special use permit, both requests may be submitted jointly, subject to the following.
(a) The ordinance procedures for each shall be followed as specified.
(b) All applicable standards and specifications required by the ordinance shall be observed.
(c) In the event both permits are required, separate hearings will be held. The rezoning hearing shall be heard first.
(B) Data required.
(1) The special form shall be completed in full by the applicant including a statement by the applicant that can be complied with.
(2) Site plan drawn to scale (preferably 1" = 100') of the total property involved showing the location of all abutting streets, the location of all existing and proposed structures and uses of the property and any natural or human-made features which effect the property, together with indication of abutting uses. See site plan requirements in §§ 155.330 through 155.335.
(3) Preliminary plans and specifications of the proposed development.
(C) Planning Commission review and hearing. The application together with all required data shall be transmitted to the Planning Commission for review. After review and study of any application and related material, the Planning Commission shall hold a public hearing. Notices shall be given in accordance with § 155.385.
(D) Permit expiration. A special use permit issued pursuant to this subchapter shall be valid for one year from the date of issuance of the permit. If construction has not commenced and proceeded meaningfully toward completion by the end of this one-year period, the Zoning Administrator shall notify applicant in writing of the expiration of the permit.
(E) Revocation. The Planning Commission shall have the authority to revoke any special use permit after it has been proved that the holder of the permit has failed to comply with any of the applicable requirements, or other applicable sections. Written notice of violation shall be given by the Zoning Administrator to the holder of the permit and correction must be made within 30 days. After a 30-day period, an additional notice shall be given by the Zoning Administrator, the use for which the permit was granted must cease within 60 days from date of second notice.
(F) Re-application. No application for a special use permit which has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one year or more from the date of the denial, except on the grounds of newly discovered evidence or proof of change of conditions.
(G) Recommendation.
(1) The Township Planning Commission shall make a recommendation to the Township Board of Trustees to deny, approve or approve with conditions, a request for special use permit within 60 days of its submission to the Planning Commission, except in those cases where the applicant has been requested to furnish additional information, in which case a decision shall be made within 30 days from the receipt of the information.
(2) The Planning Commission may deny, approve or approve with conditions, the request for special use permit approval. If the application for a special use permit is in compliance with all standards in this zoning ordinance, and other applicable ordinance and state and federal statutes, the Planning Commission will make a recommendation to the Township Board of Trustees, which will then have the option of holding a public hearing and final approval or denial. The decision on a special use permit shall be incorporated in a written statement of findings and conclusions relative to the special use, which specifies the basis for the decision and any conditions imposed.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 09-02, passed 10-20-2009) Penalty, see § 155.999