Upon submission of an application for a special use permit, the following takes place:
(A) The Zoning Administrator:
(1) Reviews application package:
(a) To make sure that it is the right application for zoning action requested;
(b) To ensure all required information is submitted; and
(c) To make sure that the proposed use is permitted in a particular district by special use permit.
(2) Takes one or more of the following actions:
(a) Requests from the applicant that any omitted or necessary information now be submitted;
(b) If necessary, seeks chapter interpretation from the Board of Appeals;
(c) Make advisory comments about the site plan based on site plan review standards; and/or
(d) Forwards the complete application with comments to the Planning Commission for review and approval.
(B) The Planning Commission:
(1) Reviews the site plan according to site plan review standards, as set forth in this chapter. See § 153.077;
(2) Reviews the proposed special use according to standards for special use permits, as set forth in this chapter. See § 153.096;
(3) Reviews for compliance with any and all additional site facility design requirements and standards, as may be required by this chapter;
(4) (a) In a newspaper of general circulation, gives public notice not less then 15 days before the date of the hearing of receipt of an application for a special use permit which:
1. Describes the nature of the special use request;
2. Indicates the property in question;
3. States the time and place where the special use request will be considered;
4. Indicates when and where written comments will be received concerning the request; and
5. Indicates that a public hearing by the Planning Commission on the proposed special use is optional, but may be requested by any owner of property or the occupant of any structure located within 300 feet of the boundary of the property being considered for a special use permit.
(b) This notice is also mailed or delivered to property owners and occupants within 300 feet of the property in question. These notices must be given not less than 15 days before the date on which the application is to be considered. An affidavit of mailing or delivery of notice must be maintained. All public input is considered and evaluated. A summary of the public comments should be retained for the record.
(5) (a) Advertises and holds a public hearing, but only if requested by the Planning Commission, the applicant, or any owner of property or the occupant of any structure located within 300 feet of the boundary of the subject property. Proper notice of the public hearing shall be given in the same manner and content as described above in division (B)(4) above; except that the requirement set forth in division (B)(4)(a)5. of this section is omitted and it shall be known as the “notice of public hearing;” and further, that in addition to the requirement set forth in division (B)(4)(a)4. of this section, it be stated that oral comments will be received.
(b) In the case where the Planning Commission has first chosen to hold a public hearing, only the notice of hearing shall be given. A public notice of receipt shall be omitted.
(1993 Code, § 154.220) (Ord. 84-1, passed 1-3-1984)