(A) Planning Commission. The Planning Commission shall have the power and duty of hearing and recommending to the Council all requests for the zoning or rezoning of property.
(B) Application procedure. Zoning or rezoning applications are subject to the following procedures:
(1) Initiation. Initiation of the application may be made by any person having ownership interest in the property described in the application.
(2) Application. Application shall be made upon forms approved by the Zoning Administrator together with such applicable plans and information required by this chapter and the Zoning Administrator. Applications shall be received by the Zoning Administrator and subsequently shall be submitted to the Planning Commission.
(3) Notice. Upon receipt of an application the Zoning Administrator shall cause to have published in the official newspaper a notice of hearing. Adjacent property owners within 350 feet of the affected property shall be notified by registered mail. The notices shall describe the purpose of the hearing and a brief description thereof. Publications and mailing notices shall not be less than 10 days nor more than 30 days prior to the date of the hearing. Failure of any adjacent property owner to receive notice, once reasonable attempt has been made, shall not invalidate the proceedings.
(4) Hearing. Upon evidence that adequate notice has been served the Planning Commission shall hold at least one public hearing on each application. The applicant or a duly authorized representative shall be present at the public hearings. Absence of the applicant or a duly authorized representative shall be sufficient cause to deny the application.
(5) Report. The Planning Commission shall report its proceedings together with its recommendations to the Council subject to the 60-day review process standard set in § 155.25.
(6) Action. Upon receipt of the Planning Commissions report the Council may hold whatever public hearings it deems advisable. The Council shall take action on the application.
(7) Review. It shall be the duty of the Zoning Administrator to report annually on all applications granted in the last year so as to advise the Planning Commission and Council of their conformance status.
(8) Denial. No application denied shall be resubmitted for a period of 6 months from the date of the denial, except the Planning Commission may permit a new application, if in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.
(Ord. 8, 4th Series, passed 1-16-2007; Am. Ord. 63, 4th Series, passed 1-5-2015)