The procedure to be followed in considering applications for special uses shall be as follows:
(A) Applications. An application verified by the owner or authorized agent of the owner of the property involved shall be filed with the City Clerk for the attention of the zoning committee chairperson. City application forms shall be used and are available at City Hall. Application for a special use permit shall be accompanied by a fee in the amount of $50.
(B) Public Hearing. Upon receipt of such verified application, the City Clerk shall notify the Zoning Committee Chairperson, who shall schedule a public hearing. Notice of said hearing shall be pursuant to § 156.166 of the City Code.
(C) Determination. The Zoning Committee shall then make its findings and recommendations to the City Council within 30 days following the date of the adjournment of the public hearing on each application. The City Council may then authorize a special use as defined herein by specific ordinance, provided the evidence presented established beyond reasonable doubt:
(1) That the proposed use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience, and will contribute to the general welfare of the neighborhood or community;
(2) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity;
(3) That the proposed use will comply with the regulations and conditions specified in this chapter for such use, and with the stipulations and conditions made a part of the authorization granted by the City Council.
(D) Appeal. An applicant or other person who disagrees with the determination of the City Council may file an appeal with the City Council requesting it reconsider its determination on the special use application. Upon receipt of said appeal, the City Council shall schedule and hold a new hearing on the special use application. Notice of the hearing shall be made in accordance with § 156.197. At the hearing, the City Council will consider the evidence and witnesses presented by any objectors. The proceeding shall be transcribed by a certified court reporter and the city shall maintain a full record of the proceedings. After all the evidence is presented, the City Council shall make its determination on the appeal. Any party dissatisfied with the City Council's decision then has the right to appeal to the 8th Judicial Circuit Court.
(Ord. 1316, passed 4-5-05; Am. Ord. 1318, passed 4-19-05)