§ 155.163 SPECIAL USE PROCESS.

   The following procedure applies to special use petitions.

   (A)   Application. The petitioner shall submit a special use application, affidavit and consent of property owner (if the owner is someone other than the petitioner), a deed for the property involved, the required filing fee, and required supportive information. Supportive information shall include, but not be limited to the following:

      (1)   A site plan drawn with a straight edge, signed, and dated, clearly showing the entire layout of the property and all features relevant to the special use request.

      (2)   A letter of intent to the Board of Zoning Appeals describing the details of the special use request including but not limited to:

         (a)   The ways in which the special use shall comply with the applicable development standards of this chapter;

         (b)   The ways in which the special use shall be consistent with the required findings of fact described by §§ 155.130 through 155.142; and

         (c)   Any written commitments being made by the petitioner.

      (3)   A letter from the County Board of Health indicating that the special use will make acceptable use of an existing or proposed septic system, or a letter from a public sewer provider stating that the proposed special use shall be served by its utility.

   (B)   Notification. Notification for the scheduled public hearing regarding the special use request shall be completed consistent with the Indiana Code and the rules and procedures of the Board of Zoning Appeals.

   (C)   Public hearing. The BZA will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the special use application and required supportive information.

      (1)   Either the petitioner or a representative of the petitioner must be present at the public hearing to present the petition and address the required findings of fact.

      (2)   The Board shall consider a report from the Planning Director, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

      (3)   The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the Board.

      (4)   The BZA may approve, approve with conditions, deny, or table the petition.

         (a)   The petition shall be approved if findings of fact are made consistent with the requirements of §§ 155.130 through 155.142 and the Indiana Code.

         (b)   The petition may be approved with modifications if the Board of Zoning Appeals determines that the required findings of fact may be made only if certain conditions are applied to the petition. The Board may make reasonable conditions related to the required findings of fact part of its approval or accept written commitments from the petitioner.

         (c)   The petition shall be denied if findings of fact consistent with the requirements of §§ 155.130 through 155.142 and the Indiana Code are not made. Petitions which are denied shall not be eligible for consideration again by the Board for a period of one year from the date of denial.

         (d)   The petition shall be tabled consistent with the adopted rules and procedures of the Board of Zoning Appeals.

(Ord. 2013-02, passed 3-11-13)