The procedures and requirements for the preparation and consideration of petition for a variance of development standards or a special exception use shall be as follows:
(A) Petitions. Petitions for a variance of development standards or for a special exception use shall be filed in office of the St. Joseph County/City of South Bend Building Department/the Town Clerk- Treasurer of the Town of New Carlisle, Indiana. The proposal shall be on the form provided, available in the office of the Building Commissioner/from the town.
(B) Town referral. Each petition for a variance of development standards or for a special exception use shall include a letter from the town describing the nature of the variance or special exception required.
(C) Required plans. Each petition for a variance of development standards or for a special exception use shall be accompanied by a site plan which conforms to the requirements set forth in § 152.388, above.
(D) Supplemental plans. Depending on the nature of the petition, the Zoning Administrator shall have the authority to request the submission of plans of operation, traffic studies, radio frequency studies, or other supplemental information including, but not limited to building elevations, sign plans, landscape plans or lighting plans. If requested, the additional building elevations, sign plans, landscape plans or lighting plans shall conform to the requirements set forth in § 152.388, above.
(E) Variance of development standards. The Board of Zoning Appeals, at a public hearing, shall hear and determine all variances of development standards.
(F) Special exception uses. Upon receipt of a petition for a special exception use, the St. Joseph County/City of South Bend Building Department shall forward a copy of the petition to the town. The Board of Zoning Appeals, at a public hearing, shall hear and make a favorable recommendation, unfavorable recommendation or no recommendation to the Town Council on all special exception uses. The Town Council shall, approve or disapprove all petitions for special exception uses within 60 days after the Board of Zoning Appeals makes its recommendation. If the Town Council does not vote to deny the petition for a special exception use within 60 days, the petition is approved.
(Ord. 1221, § 10.05(e), passed 1-26-2010)