Any application for a Conditional Use Permit for any land or structural use permitted under this Ordinance shall be submitted in accordance with the following procedures:
(a) Application Submitted to the Planning Commission. Any application shall be submitted to the Planning Commission through the Building Division on a special form for that purpose. Each application shall be accompanied by a payment of a fee as indicated in the Codified Ordinances of Twinsburg.
(Ord. 71-2008. Passed 11-4-08.)
(b) Data Required with Application. Form supplied by Building Division completed by applicant. Site plan, plot plan or development plan of the entire property being considered, drawn to a scale allowing the plan to fit on a paper size of up to 24" by 36" but at a scale of not less than one inch (1") to One Hundred feet (100') and showing the location of all existing and proposed structures, the type of buildings and their uses. A statement supported by substantiating evidence regarding the requirements enumerated in Section 1151.03.
(Ord. 71-2008. Passed 11-4-08.)
(c) Reviewed by Planning Commission - Hearing Required. The Planning Commission shall review the proposed development, as presented on the submitted plans and specifications in terms of the standards established in this Ordinance. After review and study of any application, the Planning Commission shall hold a public hearing or hearings upon every application after at least one (1) publication in a newspaper of general circulation in the City at least thirty (30) days prior to the date of the hearing. Such notice shall indicate the time, date and subject of the hearing. Such notice shall also be sent by registered mail with return receipt, the cost of which shall be paid by the applicant, at least twenty (20) days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels subject to the application for Conditional Use Permit. All notices shall be sent to addresses given in the last assessment record. The failure of delivery of any such notice shall not invalidate any action of the Planning Commission or Council or the subject application for permit. The Planning Commission shall make a determination within thirty (30) days of the date of the required public hearing. This time may be extended for an additional thirty (30) days if additional information is required by a majority vote of the Planning Commission for the purpose of evaluating the use relative to standards in this Chapter.
(Ord. 71-2008. Passed 11-4-08.)
(d) Issuance of Conditional Use Permits. Only upon conclusion of hearing procedures relative to a particular application may the Planning Commission then recommend to Council the issuance of a Conditional Zoning Certificate by the Chief Building Official subject to such conditions as may be reasonably imposed thereon by the Planning Commission in order to effectuate the standards established by Section 1151.03. The Council shall be the final authority who may issue such Conditional Use Permit as recommended upon the majority vote of its elected or appointed members and may depart from the conditions contained therein if it so elects, but only upon the concurrence of at least five (5) of the members elected or appointed to Council or, as an alternative, according to Section 7.07 of the Charter, may return such Conditional Use Permit application to the Planning Commission with comments for further recommendation.
(Ord. 71-2008. Passed 11-4-08.)
(e) Revocation of Conditional Use Permits (Violations and Penalty and Appeal). The breach of any condition, safeguard or requirement shall automatically invalidate the permit granted, and shall constitute a violation of this Zoning Ordinance. The Building and Zoning Inspector shall be responsible for the enforcement of this section and shall refuse any application for additional permits based upon his determination that, the Conditional Use Permit granted pursuant to this Chapter has terminated. Such determination by the Building and Zoning Inspector may be appealed to the Board of Building and Zoning Appeals as provided for in this Ordinance. (Ord. 71-2008. Passed 11-4-08.)
(f) Reapplication. No application for a Conditional Use Permit which has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on the grounds of newly discovered evidence or proof of substantially changed conditions.
(Ord. 71-2008. Passed 11-4-08.)