(a) Generally. The Municipal Planning Commission of the City may, by special permit, authorize uses of property within the City that are characterized as a conditional use or otherwise requiring a special permit pursuant to Part Thirteen “Planning and Zoning Code,” provided that the following procedures is followed:
(1) Fee. An application fee of twenty-five dollars ($25.00), plus the cost per certified letter mailed, shall be required. The twenty-five dollar ($25.00) fee may be applied to advertisements, notices, postages, secretarial assistance or any other similar costs.
(2) Plans. Two copies of the plot plan for the use, drawn to an accurate scale and showing all pertinent information, including abutting property owners, shall accompany the application fee.
(3) Notice. The Commission shall give notice to all abutting property owners.
(4) Public hearing. The Commission shall advertise, in a newspaper of general circulation, a public hearing at least ten (10) days prior to such hearing.
(5) Considerational factors. The Commission shall use, as a basis for making decisions regarding special permits, the statements of intent or general purpose applicable to the district in which the use is to be located and also Section 1305.02
, as well as other considerations introduced at the public hearing. Consideration shall also be given to the effect of such use upon the character of the neighborhood, traffic conditions, public utilities and other matters pertaining to the public health, public safety and general welfare.
(6) Expiration of special permit for failure to use. The Commission shall impose upon every special permit issued authorizing a conditional use a time period within which the conditional use authorized by the special permit shall be commenced or utilized, which time period shall be not less than six (6) months and not more than twelve (12) months from the date of issuance of such special permit. In the event that no time period limitation is specifically set forth in the special permit issued by the Commission, then the special permit shall expire and terminate six (6) months from the date of issue, unless extended as provided for herein. If the person granted the special permit fails to commence or utilize the conditional use authorized by the special permit within the time period required by the Commission, then the special permit shall expire and terminate without further action by the Commission; provided, however, that the Commission may, without obligation to do so, renew such special permit one time for the same time period as originally authorized in such special permit upon application the Commission and payment of the fee by the person holding the special permit without an additional public hearing being held thereon.
(b) Petitions. Any person or person jointly or severally aggrieved by special permit decisions of the Commission may appeal such decision to the Board of Zoning Appeals of the City. An appeal from any order, requirement, decision or determination of the Commission, shall be filed with the Board of Zoning Appeals and the appeal shall:
(1) Specify the grounds of the appeal,
(2) Be filed within thirty days of the original order, requirement, decision or determination made by Commission, and
(3) Be on a form prescribed by the Board of Zoning Appeals
Upon request of the Board of Zoning Appeals, the Commission shall transmit all documents, plans and papers constituting the record of the action from which the appeal was taken.
(c) Existing Uses. Any existing use herein listed as a special permit use that was lawfully established on the effective date of this section shall be deemed to have received a special permit and shall not be regarded as a nonconforming use solely because of the special permit requirement; provided, that such existing use shall require a special permit for any enlargement, extension or relocation on the same parcel or relocation to a different parcel.
(d) Revocation. The Commission shall have the power to revoke any special permit authorizing a conditional use it may have granted when, in its opinion, the conditions established for the granting of such permit have been violated. However, before such revocation is permitted, the holder of such special permit authorizing a conditional use shall be offered the opportunity to object to such revocation in person before the Commission. However, if such holder fails to appear before the Commission after notification, such lack of appearance shall not limit the Commission’s authority to revoke the special permit authorizing such conditional use. (Ord. 2123. Passed 11-5-09.)
(e) Non-trasnsferable. Any special uses authorized by the Municipal Planning Commission by special permit, as provided in this section, shall be non-transferable. (Ord. 2137. Passed 11-4-10.)