Any application for a conditional zoning permit for any land or structure or use permitted under this Zoning Ordinance shall be submitted in accordance with the following procedures:
(a) Application. Any application shall be submitted to the Planning Commission on a special form for that purpose. Each application shall be accompanied by the payment of a fee as indicated herein.
(b) Data Required with Application.
(1) The form supplied by the Planning Commission completed by the applicant.
(2) A site plan, plot plan or development plan of the entire property being considered, drawn to a reasonable scale and showing the location of all abutting streets, the location of all existing and proposed structures, the types of buildings and their use.
(3) Complete plans and specifications for all proposed structures, the types of buildings and their use.
(4) A statement supported by substantiating evidence regarding the requirements enumerated in Section 1169.03.
(c) Review. The Planning Commission shall review the proposed development, as presented on the submitted plans and specifications in terms of the standards established in this Zoning Ordinance. Such review shall be completed and made public within forty-five (45) days of the first regular monthly meeting of the Planning Commission following the submission of such application. If the application is submitted at a regular monthly meeting of the Planning Commission, then the forty-five (45) day period shall begin the date of submittal.
(d) Hearing. After adequate review and study of any application the Planning Commission shall hold a public hearing or hearings upon every application after at least one publication in a newspaper of general circulation in the Village at least ten (10) days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing.
(e) Issuance and Revocation; Violation and Penalty. Only upon the conclusion of hearing procedures relative to a particular application may the Planning Commission issue a conditional zoning permit. The breach of any condition, safeguard, or requirement shall automatically invalidate the permit granted, and shall constitute a violation of this Zoning Ordinance. Such violation shall be punishable as per Section 1129.05
(b).
(f) Reapplication. No application for a conditional zoning permit which had been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Planning Commission.
(g) Fee. The fee for a conditional zoning permit shall be twenty-five dollars ($25.00) and additionally when the Planning Commission finds it necessary to maintain a strict record of public procedures, or when the Planning Commission deems it necessary to cause special studies to be made, the applicant shall bear all direct and related costs.
(Ord. 270-09-02. Passed 9-10-02.)