(A) Application. Whenever an application for a special use or special exception within the jurisdiction of this subchapter is made, it shall follow the procedure set forth herein and shall confirm to the regulations and requirements of this subchapter.
(B) Consultation with the Director and application. Applicants shall meet with the Director to review the zoning classification of their site, review copies of the regulatory ordinances and materials, review the special use or special exception procedures and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his or her application and supporting documents as necessary. The applicant shall submit two copies of the written application form and all necessary supporting documents and materials.
(C) Initial review of the application and supporting documents and materials by the Director: Submission to the Board. Following the receipt of the written application and necessary supporting documents and materials by the Director, he or she shall then review the materials solely for the purpose of determining whether the application is complete, and in technical compliance with all applicable ordinances, laws and regulations, and therefore entitled to be forwarded to the Board. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the special use or special exception application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward special use or special exception approval as hereinafter set forth. Within 30 days of the formal acceptance of the application by the Director, he or she shall formally file the application by placing it upon the agenda of the Board, according to the Board’s rules of procedure.
(D) Public hearing by the Board. Once the Director has accepted and filed the application with the Board or its delegate, he or she shall assign a docket number and set a date and time for a public hearing as required by the rules of procedure of the Board. The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the rules of procedure of the Board. The minimum time period for giving of the notice shall be at least 30 days prior to the initial hearing date. The conduct of the public hearing shall be in accordance with the Board’s rules of procedure.
(E) Approval or denial of the special use or special exception application by the Board.
(1) Upon approval of the special use or special exception, the Board shall inform the Director that he or she may issue improvement location permits for the special use or special exception and inform the applicant of the time limits set forth in division (G) below.
(2) The Board shall inform the applicant that he or she may apply to the Director for improvement location permits for the special use or special exception, if necessary, or may commence the special use or special exception if no permits are required.
(3) After denial of a special use or special exception application, a variance, special use, special exception or zoning amendment concerning the same property shall not be filed for a period of six months.
(4) Failure of the Director to inform the applicant of the time limits set forth in division (G) below shall not relieve the applicant of complying with said section.
(5) If the petition is denied by the Board, the Board shall provide the applicant with a copy of said reasons, if requested.
(F) Authorization. In no event shall a special use or special exception be established or an improvement location permit be issued for improvements for a special use or special exception prior to the approval of the special use or special exception by the Board, unless otherwise excepted herein.
(G) Time limit.
(1) Any person to whom a special use or special exception is granted by the Board, under the procedures set forth in this chapter, shall have commenced continuous construction of said special use or special exception or implemented said special use or special exception within one year of the date of the granting of the approval, or said approval shall become null and void.
(2) Upon application to the Director before the expiration of said approval, and upon good cause shown, said approval may be extended for six months.
(Ord. 2003-5, passed 11-3-2003)