(a) Public Hearing Required. Prior to authorizing a conditional use, the Planning Commission shall conduct a public hearing in accordance with the procedure set forth in this section.
(b) Public Hearing Procedure. An application for a conditional use permit shall be submitted by the Building Commissioner to the Planning Commission.
(1) The Commission shall hold a hearing thereon, notice of which may be published in the newspaper of general circulation, or mailed to the owners of the property contiguous to and across the street from the parcel for which a conditional use permit is requested at least fifteen days before the hearing.
(2) On-site posted notice of public hearing. Within ten days prior to any scheduled public hearing of the Planning Commission upon an appeal from a decision of the Building Commissioner or other officer, or upon a request for a variance, the Building Commissioner shall cause a sign to be posted upon the site which is the subject matter of such appeal or request indicating that such hearing will be had by the Commission and further indicating the time and date of such public hearing.
(3) The Commission shall take action upon such application within thirty days from the date of receiving such application.
(4) Failure to act within such period shall be deemed disapproval.
(c) All public hearings conducted by the Planning Commission shall be open to the public. Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney.
(d) The Planning Commission may call upon any City department or outside consultant for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Commission as may reasonably be required.
(e) Planning Commission Action. The Planning Commission shall make a final determination on a conditional use application request pursuant to the applicable standard of review for conditional uses as set forth in Section 1143.03
of this Zoning Code.
(f) Continuation of a Public Hearing. The Planning Commission may vote to continue a public hearing from time to time without making a final determination on the matter, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(g) Conditions. The Planning Commission, as part of an affirmative vote, is authorized to attach reasonable conditions to a conditional use permit application to meet the overall spirit and intent of the zoning district for which the conditional use is proposed to be located, and to comply with the objectives of this Zoning Code, the Middleburg Heights Comprehensive Plan or any other relevant planning document.
(h) The Building Commissioner shall issue a conditional use permit following the public hearing and upon an affirmative vote by the Planning Commission that such conditional use satisfies the requirements of this chapter and all other applicable standards found within this Zoning Code.
(i) Appeals. Appeals of decisions made by the Planning Commission concerning a conditional use permit shall follow the administrative appeal procedure set forth in Section 1127.08
.
(Ord. 2022-24. Passed 5-24-22.)