The procedure to be followed in considering applications for special uses shall be as follows.
(A) Application. An application verified by the owner or authorized agent of the owner of the property involved shall be filled out and filed with the City Clerk along with a fee of $100, for the attention of the Plan Commission, upon a form prescribed therefor, which shall contain or be accompanied by all required information for special use.
(B) Public hearing. Upon receipt of the verified application, the City Clerk shall notify the Chairperson of the Commission, or in his or her absence, the Vice-Chairperson, who shall give notice of a public hearing in the same manner as provided for hearings on the reclassification of property, as contained in §§ 155.185 through 155.188. A record of pertinent information presented at the public hearing shall be made and maintained by the Commission as part of the permanent record relative to the application.
(C) Determination. The Commission shall then make its findings and recommendations to the City Council within 30 days following the date of public hearing on each application. The City Council may then authorize a special use as defined herein, provided the evidence that is presented is such as to establish beyond a reasonable doubt.
(1) That the proposed use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community;
(2) That the use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or general welfare of persons residing or working in the vicinity, or injurious to property values or improvements in the vicinity; and
(3) That the proposed use will comply with the regulations and conditions specified in these standards for the use and with the stipulations and conditions made a part of the authorization granted by the City Council.
(1992 Code, § 155.128) (Ord. passed 5- -1969; Am. Ord. 051401H, passed 5-14-2001; Am. Ord. 2007-MC02, passed 1-22-2007)