(A) Investigation.
(1) Upon receipt of an application for a permit for a special use exception by the Building Inspector, it shall be referred to the city’s Planning Commission for investigation as to the manner in which the proposed location and character of the special use exception will effect the Land Use Plan and how the standards in § 155.112, Figure 1, of this chapter are applied.
(2) The city’s Planning Commission shall report the results of its study to the City Council within 30 days following the city’s Planning Commission’s receipt of the application.
(3) A failure to submit the report within the time period shall not prevent the city from further processing the application.
(B) Public hearing.
(1) Within 30 days of the receipt of an application for a permit for a special use exception, the city shall cause a public hearing to be held before the Board of Appeals in relation thereto after not more than 30-days’, nor less than 15-days’, notice thereof has been given in a newspaper of general circulation in the city.
(2) The hearing shall be held in the city and the notice thereof shall contain the particular location for which the special use exception is requested as well as a brief statement of what the proposed special use consists.
(C) Recommendations of Board.
(1) Within ten days following the hearing, the Board of Appeals shall file a report of the hearing and its recommendations relative to said application with the city. Upon an affirmative finding by the city that:
(a) The proposed special use exception is to be located in a district wherein the use may be permitted;
(b) The requirements set forth in § 155.112, Figure 1, of this chapter for the special use exception will be met; and
(c) The special use exception is consistent with the spirit, purpose and intent of the Land Use Plan, will not substantially and permanently injure the appropriate use of neighboring property, and will serve the public convenience and welfare, and upon a favorable vote of four of the five members of the City Council, the city shall order the Building Inspector to issue a permit for the special use exception.
(2) The city, upon recommendation of the Board of Appeals, may provide that the special use permit is issued pursuant to specific conditions or requirements concerning the construction, location and operation of the special use, including, but not limited to, provisions for the protection of adjacent property, the expiration of the special use after a specified period of time, or other requirements as set forth in § 155.112, Figure 1, of this chapter or as shall be determined by the Board of Appeals necessary to secure the general intent and purpose of this chapter, and to reduce injury to the property in the neighborhood. A failure to comply with these conditions or requirements shall be grounds for revocation of the special use permit issued hereunder.
(D) Fee. A fee shall be paid to the City Clerk at the time the special use exception application is filed. Said fee shall be consistent regarding appeals, request for variations or exceptions before the Board of Appeals.
(E) Existing lawful uses.
(1) An existing lawful use at the time of adoption of this chapter which is listed herein as a special use exception, and which is located in a district in which the special use exception may be permitted, shall not be required to apply for a permit as a special use exception.
(2) Any expansion of the special use exception involving the enlargement of the buildings, structures and land area devoted to the use shall be subject to the procedure described in this section.
(F) When nature involves more than one special use exception. If the nature of the special use exception involves more than one of those listed in § 155.112, Figure 1, of this chapter the applicant may apply for a permit for the special use exception which is most closely related to the primary use; provided that, the requirements of all related uses are met.
(1994 Code, § 155.091) (Ord. 200, passed 4-28-1969; Ord. 18-08, passed 12-26-2018)