Any application for a special use permit for any use permitted under this subchapter shall be submitted in accordance with the following procedures.
   (A)   Any application shall be submitted to the Planning Commission through the Zoning Administrator.  Each application shall be accompanied by the payment of a non-refundable fee to cover costs of processing.
   (B)   Every application shall be accompanied by the following information and data:
      (1)   A site plan meeting the requirements of §§ 155.275 through 155.282 of this chapter.
      (2)   An application for a planned unit residential development use permit shall include a map showing how the development could be divided in the event future sale of sections of the property is made.
      (3)   A completed application form.
      (4)   A statement with supporting evidence regarding the findings specified under § 155.258.
   (C)   A completed application with all required attached information shall be submitted to the Zoning Administrator at least 30 days prior to the Planning Commission meeting at which it will be reviewed.  An incomplete application will be returned to the applicant. If the application is then returned less than 30 days prior to the next Planning Commission meeting, the application will be ineligible for review at that meeting but will be held for review at the following meeting.
   (D)   Following submission of a complete application with all required information, the Zoning Administrator shall schedule the application for a public hearing at the next regular Planning Commission meeting following the 30 day review and notice period. The applicant has the option of requesting a special Planning Commission meeting after the 30 day period subject to the availability of Planning Commission members.
   (E)   After scheduling the public hearing the Zoning Administrator shall have a notice of public hearing published in a paper of general circulation in the city not less than 15 days before the public hearing. The notice shall be mailed or delivered to the applicant and to all persons to whom real property is assessed within 300 feet of the property  and to all occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located within the zoning jurisdiction. The notice shall do the following:
      (1)   Describe the nature of the request.
      (2)   Indicate the property that is the subject of the request.
      (3)   State when and where the request will be considered.
      (4)   Indicate when and where written comments will be received concerning the request.
   (F)   At the public hearing, the Planning Commission shall review the application and shall provide the applicant and the public an opportunity to comment on the application.
   (G)   The Planning Commission shall make a recommendation on the application to the City Commission within 45 days of the public hearing unless the applicant agrees to an extension. The Planning Commission may:
      (1)   Recommend approval of the application.
      (2)   Recommend approval of the application with conditions as outlined in § 155.259 of this chapter.
      (3)   Recommend denial of the application with an explanation of the reasons for the recommended denial.
      (4)   Table the application.
   (H)   The City Commission shall make a decision on the application within 45 days of the recommendation by the Planning Commission unless the applicant agrees to an extension. The City Commission may:
      (1)   Approve the application.
      (2)   Approve the application with conditions as outlined in § 155.259 of this chapter.
      (3)   Deny the application with an explanation of the denial.
      (4)   Table the application.
   (I)   The Zoning Administrator shall notify the applicant of the Planning Commission's decision by mail within 15 days of the date of the decision. The Zoning Administrator shall maintain a file of each application including a copy of the application, verification of notices, copies of all correspondence and copies of minutes of meetings related to the application.
   (J)   The developer shall be required to post a bond equivalent in value to the estimated maintenance cost, as determined by the Planning Commission, of public outdoor areas and required screening for one year.
   (K)   Only upon conclusion of hearing procedures relative to a particular application and the posting of the required bond by the developer may the Planning Commission authorize the issuance of a special use permit.
(Ord. 616, passed 9-23-2013; Am. Ord. 657, passed 12-14-2020)