A. Definitions: When used in this section, the following terms shall have the meanings ascribed to them in this subsection:
REZONING: A request to rezone a particular tract of land/property within the limits of the city of Lone Grove so that a particular planned construction and/or use conforms to the proper zoning requirements.
SPECIAL USE: An exception to deviate from the conditions and requirements of a particular zoned district within the limits of the city of Lone Grove without changing the existing zoning.
VARIANCE: An exception to deviate from one or more of the requirements governing size, location, material, easement, and/or other physical conditions involved with actual construction of a building/structure or land configuration within the limits of the city of Lone Grove. (2006 Code)
B. Special Use Described: Special uses are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate therein. The procedure in subsection C of this section is established to integrate properly the special uses with other land uses located in the district. These uses shall be reviewed and authorized or rejected under said procedure. (Ord. 86, 2-16-1982; amd. Ord. 141, 1-16-1995, eff. 3-18-1995; 2006 Code)
C. Procedure:
1. Application To Planning Commission; Public Meeting; Recommendation: Any applicant for a special use permit, variance and/or rezoning relief shall first apply to the city planning commission for the particular relief sought. The planning commission shall conduct one public meeting pursuant to said application, and shall make a decision as to said application, either recommending approval, denial, or approval with modifications. The action of the planning commission shall be immediately forwarded to the city manager, who shall take steps to place an approved item for hearing on an official agenda of the city council.
2. Public Hearing: After the city council sets a date and time for a public hearing pursuant to said application, and at least fifteen (15) days prior to the date of said city council meeting for a special use permit or variance request, and at least twenty (20) days prior the date of said city council meeting for a rezoning request, notice of the final hearing date shall be published one time in a newspaper of general circulation in Carter County, said notice containing the identity of the applicant; the legal description of the real property which is the subject matter of the issue; the present zoning classification and the nature of the type relief requested; and the date, time and place of the meeting.
3. Notice To Property Owners: In addition to the publication requirement of subsection C2 of this section, the applicant shall secure, at his expense, a certified ownership list from a licensed abstractor within the county, and shall furnish said list to the city clerk or city manager at or before the initial city council meeting whereby a date and time for a public hearing on the issue shall be determined. Said certified ownership list shall include the names and addresses of all property owners within three hundred feet (300') of the exterior boundary of the real property affected by the application. Upon receipt of the certified ownership list, the city manager shall take steps to ensure that notice of the city council meeting which will finally determine the issue is mailed by delivery confirmation to each person and/or entity shown on the certified ownership list at least ten (10) days prior to the date of the city council meeting for a special use permit or variance request, and at least twenty (20) days prior to the date of the city council meeting for a rezoning request. Said notice shall contain the same information outlined in subsection C2 of this section.
4. City Council Decisions: At the final city council meeting, any person interested in the application shall be given an opportunity to speak for or against the issue, after which the city council shall make a decision affirming the recommendation of the planning commission, overruling the recommendation, or any other action concerning said recommendation, including approval with modification, or any other decision the city council shall deem appropriate. (Ord. 193, 1-17-2000, eff. 2-16-2000; amd. 2006 Code)