An application for a special use permit may be filed by any person having a freehold interest in a parcel of property, or a possessory interest entitled to exclusive possession (with the concurrence of the person holding the freehold interest), or a contractual interest which may become a freehold interest, or an exclusive possessory interest which is otherwise specifically enforceable.
An applicant must submit a special use permit application or petition with all necessary supporting documentation, including a map or diagram with measurements and specifications, to the zoning officer at least twenty one (21) days prior to the zoning board meeting at which the application will be considered by the zoning board. The applicant must also submit payment of any required fees or costs with the application.
The special use permit application form shall be available at the village hall during regular business hours or from the zoning officer. The special use permit application shall be in a form as established by the zoning board, which shall include: a) the name and address of applicant and owner, b) the location of property for which the special use is being sought, c) a description of the specific special use being sought, d) facts sufficient to demonstrate that the conditions and standards set forth in this chapter have been met, and e) plans, data, maps, and documents necessary for the proper understanding of the application. The zoning officer shall provide a copy of the application and supporting materials to each zoning board member at least seven (7) days prior to the zoning board meeting when the application will be considered.
Upon receipt of a special use permit application, the zoning officer shall set the public hearing on the application on the agenda for the next appropriate zoning board meeting. The zoning officer shall assist the applicant in causing notice of the hearing to be published at least once, not more than thirty (30) days and not less than fifteen (15) days before the hearing, in the "Woodford County Journal", Roanoke-Benson edition, which is circulated in the village of Roanoke. The notice shall set forth the date, time, and place of this hearing, and shall include a description of the particular location for requested special use and a brief statement describing the requested special use. The applicant shall pay the publication cost for this notice in addition to the special use permit application fee.
The applicant shall additionally provide notice of the public hearing to all property owners located within two hundred fifty feet (250') of the subject property for which the special use is being requested. This notice shall be personally served on said property owner. If personal service cannot be made on a particular property owner, this notice may be mailed to the property owner by certified mail, return receipt requested.
If an applicant or other interested party requests a special meeting of the zoning board to review a special use permit application or to hold a public hearing thereon, then the cost of said special meeting shall be paid by such requesting person. This cost shall include the salary of each zoning board member and the zoning officer for attending the special meeting. (Ord. 2004-16, 9-7-2004)