(A) Application. Applications for special land use permits authorized in this chapter shall be submitted to the Zoning Administrator on a form provided by the city. In addition to a complete application form, the applicant is required to pay all required fees and submit a preliminary site plan prepared in accordance with § 154.024. Incomplete submittals shall not be accepted by the Zoning Administrator.
(B) Procedures.
(1) Special land use permits may be granted by the Planning Commission at its discretion.
(2) The Zoning Administrator shall review the proposed application and preliminary site plan to determine if all required information has been supplied, and forward the completed application, preliminary site plan, and supporting data to the Planning Commission.
(3) Upon receipt of the proposed application, the Planning Commission shall hold a public hearing after the notice has been given as set forth in division (B)(4) below.
(4) (a) One notice that such a request has been received shall be published in at least one newspaper of general circulation within the city. Notice shall also be sent by first-class mail or personal delivery to the owners of the 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 regardless of whether the property or occupant is located in the city. 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 spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units 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 shall be requested to post the notice at the primary entrance to the structure.
(b) The notice shall be given not less than 15 days before the date the application will be considered. The notice shall: describe the nature of the special land use request; indicate the property which is the subject of the special land use request; state when and where the special land use request will be considered; indicate when and where written comments will be received concerning the request; and the notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.
(5) Following the public hearing, the Planning Commission may deny, approve, or approve with conditions a request for a special land use. The decision of the Planning Commission shall be incorporated in a statement of conclusions relative to the special land use under consideration. Any decision, which denies a request or imposes conditions upon its approval, shall specify the basis for the denial or the conditions imposed.
(6) The Planning Commission may impose such 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 chapter and the general spirit and purpose of the district in which the special use is proposed will be observed.
(C) Basis of determinations. The Planning Commission shall review the proposed special use in terms of the standards stated within this chapter and shall establish that such use and the proposed location:
(1) Will be harmonious and in accordance with the general objectives or any specific objectives of the Master Plan;
(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 uses or uses reasonably anticipated in the future;
(4) Will be an improvement in relation to property in the immediate vicinity and to the city 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 city; and
(7) Will be consistent with the intent and purposes of this chapter.
(D) Duration, voiding, and extensions of permit.
(1) Unless otherwise specified by the Planning Commission, any special land use permit granted under this section shall be null and void unless the development proposed shall have its first building inspection within one year from the date of the granting of the permit. The Planning Commission may grant an extension thereof for good cause for a period not to exceed one year.
(2) The Zoning Administrator may suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his or her agent and is in violation of any of the provisions of this chapter or of any other ordinances or regulations of the city.
(E) Re-application. No application for a special use permit which has been denied wholly or in part shall be re-submitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the Planning Commission.
(Ord. 285, passed 12-8-2003)