(A) A completed application for a zoning permit shall be submitted by filing a copy of the application with the Land Use Administrator.
(B) The Land Use Administrator shall issue the zoning permit unless, after reviewing the application and consulting with the applicant as provided in § 152.044, he, she, or they finds that:
(1) The requested permit is not within his, her, or their jurisdiction according to the table of permissible uses (see §§ 152.284 through 152.289) or a special use permit or conditional zoning is required, then the Land Use Administrator will apply the minimum ordinance standards for the use addressed by this subchapter that is most closely related to the land use impacts of the proposed use and issue the zoning permit. The Land Use Administrator may initiate an ordinance amendment addressing such proposed use, provided that the drafting and adoption of said amendment will not cause unreasonable delay in the permitting of the proposed use;
(2) The application is incomplete; or
(3) If completed as proposed in the application, the development would not comply with one or more of the requirements in this chapter (not including the applicable requirements if a variance had previously been granted, or those requirements that the applicant is not required to comply with under the circumstances specified in §§ 152.170 through 152.182).
(C) If the Land Use Administrator determines that the development for which a zoning permit is requested will have, or may have, substantial impact on surrounding properties, then the Land Use Administrator shall, at least ten days before taking final action on the permit request, send a written notice to those persons who have listed for taxation real property any portion of which is within 150 feet of the property that is the subject of the application. The notice shall inform said persons that:
(1) An application has been filed for a permit authorizing identified property to be used in a specified way;
(2) All persons wishing to comment on the application should contact the Land Use Administrator by a certain date; and
(3) Persons wishing to be informed of the outcome of the application should send a written request for such notification to the Land Use Administrator.
(Ord. passed 12-20-2001) Penalty, see § 152.999