(a) Pre-application Conference. Any person intending to apply for a special use permit shall first schedule a pre-application conference with the City Manager and the Technical Review Committee, which can consist of the Building and Zoning Administrator, City Engineer and City Planner.
(b) Application Contents. An application shall be submitted to the Building and Zoning Administrator and it shall contain the following data and fees:
(1) Name, address and phone number of applicant;
(2) Legal description of property;
(3) Description of existing use;
(4) Zoning district;
(5) Description of proposed special use;
(6) The location and dimensions of all proposed drives, service and access roads, sidewalks, curb openings, signs, exterior lighting, parking lot areas (showing dimensions of a typical parking space), unloading areas, walls, fences and landscaping;
(7) Proposed land uses and proposed height, bulk and location of principal structures sufficient to permit an understanding of the style of the development. In this regard, typical elevation views of the front and side of each type of building shall be provided. Proposals containing residential units shall specify the number of housing units by size, type and respective location upon the site;
(8) A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property with adjacent and other properties in the district; and the relationship of the proposed use to the Zoning District Map;
(9) The fee payment for special zoning permits; and
(10) The Zoning Administrator may waive certain required submission items identified in subsections (b)(6) and (7) hereof if he/she determines that their inclusion in any individual application is unnecessary.
(c) City Council. The City Council shall review the proposed development as presented on the submitted plans and specification in terms of the standards established in this Zoning Ordinance. Such review shall be completed and a public hearing shall be held. Council shall fix a reasonable time for the hearing of the appeal, shall give ten days' notice to the parties in interest, all property owners within a radius of two hundred feet, and decide the same within a reasonable time after it is submitted. The Zoning Administrator shall send certified mail notices to owners of land within 200 feet of the property and publish a notice in the Dayton Daily News. At the hearing, any party may appear in person or by attorney.
(Ord. 1203-97. Passed 7-10-97; Ord. 1686-07. Passed 10-25-07.)
(d) Filing Fees. At the time of submission of the application, the applicant shall pay a filing fee to the City in the amount of one hundred twenty-five dollars ($125.00).
(e) City Council. Within thirty (30) days after the public hearing described in subsection (c) hereof, the Council shall either approve, approve with modifications, or disapprove the application as presented. If the application is approved or approved with modifications, the City Council shall direct the Zoning Administrator to issue a special use permit listing the specific conditions specified by Council for approval. The decisions of the City Council shall be final. Any party adversely affected by a final decision of City Council may appeal to the Court of Common Pleas, Montgomery County, Ohio as provided by law. The following language shall appear at the end of all formal orders and/or decisions of the City Council under Chapter 1117 Special Uses:
"Notice of Final Appealable Order or Decision. The foregoing Order and/or Decision of the City Council of the City of Moraine, Ohio, is a Final Appealable Order and/or Decision that may be appealed to the Court of Common Pleas, Montgomery County, Ohio as provided for by Ohio R.C. Chapters 2505 and 2506. You are advised that after entry of a final Order or Decision, the period of time within which an appeal shall be perfected is thirty days."
(Ord. 1226-98. Passed 4-23-98.)
(f) Issuance and Revocation. Only upon conclusion of review procedures relative to a particular application may Council issue a special use 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 specified in Section 1123.99.
(g) Expiration. A special use permit shall be deemed to authorize only one (1) particular special use and such permit shall automatically expire if, for any reason, the special use shall cease for more than two (2) years.
(h) Reapplication. No application for a special use permit which has been denied wholly or in part by Council shall be resubmitted until the expiration of one (1) year or more from the date of such denial, conditions which would be sufficient to justify reconsideration by Council, as determined by the Zoning Administrator.
(Ord. 1203-97. Passed 7-10-97; Ord. 1686-07. Passed 10-25-07.)