1197.03 PROCEDURE FOR OBTAINING SPECIAL USE PERMIT.
   (a)    Original Application. Any Resident Owner of real property within the City of Wyoming seeking a Special Use Permit to operate a Bed and Breakfast Establishment shall file seven copies of an application addressing the submission requirements of Section 1197.04 and the approval criteria of Section 1197.06 with the City Manager in accordance with the provisions of this Chapter and pay the Special Use Permit fee in accordance with the most current schedule of fees adopted by City Council.
   (b)    City Manager Review. The City Manager or his or her designee shall examine the property within ten (10) business days of receiving the Original Application to determine if it is suitable for such use according to the building, sanitation, and fire laws and ordinances of the City and the State of Ohio. The City Manager shall also review the Original Application to determine its completeness in accordance with Section 1197.04 of this Chapter.
      (1)    If, in the sole reasonable opinion of the City Manager, the property meets such laws and ordinances and the application is complete:
         A.   The application along with the City Manager's report thereon shall be forwarded to the Planning Commission for review in accordance with established administrative procedures, and
         B.   The City Manager shall advise the applicant to submit nine additional copies of the application for referral to the Planning Commission.
         C.   The City Manager shall notify by ordinary mail the owners of property within the radius required by Section 1197.04(b) as identified in the application, of the pending application, the address of the proposed Bed and Breakfast, and the time, date, and location of the meeting at which the Planning Commission will consider the application.
      (2)   If, in the sole reasonable opinion of the City Manager, the property fails to meet such laws and ordinances, and/or if the application is not complete:
         A.   The application shall be rejected and the City Manager shall notify the applicant of the rejection and the reasons for rejection.
         B.   Upon being notified of rejection, the applicant may:
            1.   Withdraw the application, or
            2.   Modify the application so as to address the reasons for rejection in the City Manager's notice of rejection, demonstrate compliance with the applicable provisions of the law, and correct and/or provide any missing or incomplete information. The modified application may be resubmitted to the City Manager for reconsideration within forty-five (45) days of the date of the notice of rejection issued by the City Manager. If the modified application is submitted beyond this time period, it shall be considered null and void and the procedure for submitting an Original Application per Section 1197.03(a) will apply.
   (c)    Planning Commission Review. Within forty-five (45) days of receiving the application and the report from the City Manager, the Planning Commission shall issue a written report to City Council recommending approval or disapproval of the application. The Planning Commission shall determine whether the application complies with the regulations and criteria specified in Section 1197.06 .
      (1)    Before issuing its written report to City Council, Planning Commission shall notify in writing property owners as set forth in Section 1197.04 (b) of the filing of any special permit request.
      (2)    At the written request of the Resident Owner before the expiration of the forty-five (45) day review period, the Planning Commission may extend the review period to permit the applicant to modify the application or to provide additional information.
      (3)    The Planning Commission may recommend the waiver or modification of any of the Regulations and Criteria of Section 1197.06 of this Chapter. The basis for such recommendations shall be detailed in the Planning Commission's report to City Council.
      (4)    Before recommending approval of the application, the Planning Commission may impose such specific requirements as will, in the Planning Commission's judgment, ensure compliance with this Chapter with respect to the entire property.
      (5)    If the Planning Commission recommends the application for City Council approval, the City Manager shall advise the applicant to submit to the City Manager thirteen (13) copies of the application which shall include any revisions required by the Planning Commission for submission to City Council within fourteen (14) days of being advised of the Planning Commission's recommendation.
   (d)    City Council Review. Within thirty-five (35) days of receiving the Planning Commission's recommendation, City Council shall conduct a public hearing on the application and make a decision as soon thereafter as practicable. City Council shall give thirty days' notice of the time and place of the public hearing in a newspaper of general circulation in the City, and shall notify by ordinary mail.
      (1)    Council shall consider the following in deciding whether to approve an ordinance authorizing the Special Use Permit to operate a Bed and Breakfast Establishment:
         A.   Whether the application for a Bed and Breakfast Establishment meets the requirements of this Chapter,
         B.   The Planning Commission's report and recommendations for waiver or modification, if any, and
         C.   Evidence presented at the public hearing.
      (2)    City Council may issue a Special Use permit only if the proposed Bed and Breakfast does not, by nature or in terms of the requirements of this chapter, have a detrimental impact on the community. In making this determination, City Council shall consider the following factors:
         A.   Whether the proposed Bed and Breakfast Establishment will promote the purpose of this Chapter in enhancing the appeal of the community by offering short stay housing options for friends and relatives of residents,
         B.   Whether the proposed Bed and Breakfast Establishment will be well integrated into the surrounding neighborhood, maintain and preserve the integrity of the residential property and neighborhood, and retain the architectural characteristics of the residential structure,
         C.   The location and number of other Bed and Breakfast Establishments in the City, and
         D.   The impact on the public peace, health, safety, morals and welfare of the surrounding neighborhood.
      (3)    No zoning certificate or building permit shall be issued until the application, incorporated into a Deed of Acceptance and an ordinance amending the Zoning Code, have been approved.
      (4)    If the Original Application is approved by City Council, the City Manager shall issue a Special Use Permit authorizing the operation of the Bed and Breakfast Establishment from the date that the ordinance becomes effective until July 31st, of the following year.
         (Ord. 12-2012. Passed 10-15-12.)