(A) General. No use variance or special permit under this Article shall be granted by the Board of Zoning Appeals except in accordance with the procedure set forth in this section.
(B) Application; preliminary site plan. Application for a use variance or special permit under this Article shall be made to the Board of Zoning Appeals on a form approved and furnished by the Board. Such application shall include, among other pertinent information, two copies of a preliminary site plan of the proposed site, to scale, showing:
(1) The location, dimensions and character of all present and/or proposed buildings, structures and uses;
(2) The location of adjacent pedestrian and vehicular traffic circulation;
(3) The location of off-street parking and off-street loading;
(4) Type of proposed surfacing material for access ways and parking;
(5) Plan for pedestrian and vehicular traffic within the subject area with consideration given to the established street systems serving the subject area, and to emergency vehicle access to each building;
(6) Perspectives of structures or other such drainage necessary to indicate the relative compatibility with immediate neighborhood as well as within the subject area;
(7) General landscaping and screening plan;
(8) Location of public or private utilities proposed to serve the subject area;
(9) Proposed finished grade of the site; and
(10) Development schedule providing reasonable guarantees for the completion of the proposed development or other construction according to the development schedule.
(C) Planning Commission advisory report. The Planning Commission shall issue an advisory report on all use variances and special permits in accordance with the procedure set forth in this section.
(1) Advisory report of the Planning Commission. A copy of the application shall be furnished to the Planning Commission and the Planning Commission shall furnish an advisory report to the Board of Appeals at the next regular meeting of the Board, unless the Board shall otherwise specifically establish an extended time within which the report is to be provided.
(2) Content of the advisory report. Such advisory report shall include advice as to whether, in the opinion of the Planning Commission, the proposal complies with the comprehensive plan and whether the proposal is compatible to the character of the area in which it is to be located. Said report shall also include the Planning Commission’s recommendations on the entire proposal or particular elements of the proposal, including suggested conditions upon which the specific proposal may be permitted. The Planning Commission may request of the applicant such reasonable additional information as the Planning Commission deems necessary for adequate review.
(3) Amendments to application. The application may be amended to include such information or such other particulars as so not to create substantial changes in the arrangement and/or operation of the proposal without resubmitting the proposal to the Planning Commission upon the consent of the Board of Appeals.
(4) Hearing on application. The Board of Appeals shall hear the application in accordance with the procedure established in this chapter. Any decision of the Board contrary to a negative recommendation of the Planning Commission shall require a three-fourths majority vote of the Board.
(5) Amendments to a permanent site plan. The permanent site plan may be amended to include such information or such other particulars so as not to create substantial change in the arrangement and/or operation of the permanent site plan without resubmitting the permanent site plan to the Planning Commission upon the consent of the Board of Appeals.
(`92 Code, § 40-5-5)