Applications for conditional uses shall be considered by the Planning Commission in accordance with the following procedures:
(A) Application. An application for conditional use approval shall be made to the Planning Commission in writing, on a form for that purpose, and shall be filed with the Zoning Administrator at least 20 days before the next regularly scheduled meeting at which it is to be heard. The application must be accompanied by a fee, as established by the City Council, a site plan in accordance with the requirements of Subchapter 155.13 and such other material as the Commission determines necessary.
(B) Public notice. When an application has been filed in proper form with the required data, the Clerk of Council shall cause notice of the time, place and purpose of the hearing to be posted on the city's official digital media platform and be given, in writing by first class mail, to the applicant(s), to owners of property contiguous to and directly across the street from the property that is the subject of the conditional use application. The notice shall be given at least seven days in advance of the hearing, noting the request and the property location. The name and address of any property owner on the most recent property record of the Hamilton County Auditor shall be the address used for public notification. If the address is unclear or uncertain, the property owner may be notified by legal notice published one time via the city's official digital media platform at least seven days in advance of any hearing, listing the address of the property to receive notification.
(C) Sign. At least ten days prior to the scheduled public hearing, a temporary sign six square feet in area shall be posted on the property subject to a conditional use request by the applicant. The sign shall be removed within three days following the public hearing at which the request was heard. The sign shall contain the following information:
(1) The specific request being made,
(2) Date of the public hearing,
(3) Location of the public hearing, and
(4) Location where additional information may be obtained regarding the request.
(D) Representation. The applicant shall appear at the public hearing in person or by agent. If the applicant or authorized representative is not present, no action shall be taken by the Planning Commission on that application.
(E) Record of proceedings. The Planning Commission shall keep minutes of its proceedings showing the action of the Commission and the vote of each member or, if absent or failing to vote, indicating such fact. The Commission shall act by resolution.
(F) Required vote. The concurring vote of three Planning Commission members shall be necessary to approve a conditional use application.
(G) Review criteria. The Planning Commission shall review the application in relation to the general standards of this chapter for conditional uses, as provided in § 155.103, and any specific standards required for the use proposed, as identified in this chapter. The Planning Commission may refer a conditional use in the CBD Zoning District to the Architectural Review Board.
(Res. 21-1165, passed 7-20-21)