§ 801. Procedures for obtaining a special use permit.

801.01 A property description form for any proposed special use shall be filed with the zoning administrator. The person filing the property description form must be the owner or a person having an interest in the land for which the special use is proposed. If the special use is to include land in more than one ownership, the form must be submitted jointly by all of the owners or persons having an interest in each of the separately owned properties to be included. A sketch site plan for the development shall also be submitted to the zoning administrator along with the property description form.

801.02 Within ten days or less of the filing of the property description form and the sketch site plan, the zoning administrator shall transmit a copy of the form and site plan to the planning board who, in consultation with the zoning administrator within 30 days after receiving this information, may schedule a pre-application conference to be held within 60 days after the planning board's receipt of the petition, and at least 15 days before the date of the conference mail a notice to petitioner or petitioners by first class mail of the time and place of the conference.

801.03 The purpose of the pre-application conference is to enable the petitioner to present the site plan and other basic information about the proposal to the planning board and allow the planning board to give its tentative reaction to the proposal and allow the zoning administrator to advise the petitioner as to any permits or reviews which will be required under this ordinance.

801.04 At any time after the pre-application conference the petitioner or petitioners may submit a petition for a special use permit which petition shall be submitted to the zoning administrator. A preliminary development plan shall be submitted with the petition. The preliminary development plan shall be in accordance with section 1407 or 1409 depending on the use for which the special use permit is requested.

801.05 Within 30 days or sooner after receipt of a copy of the petition for a special use permit and preliminary development plan therefor, the planning board shall review the petition and preliminary development plan and prepare a recommendation for the governing body with respect to whether the petition should be approved or denied. The governing body may grant the planning board a 15-day extension if the workload of the board or the complexity of the issues raised by the proposed use necessitate such additional time to prepare a recommendation.

801.06 The planning board shall notify the petitioner or petitioners by first class mail of the time and place of any meetings held to consider the petition and preliminary development plan. Such notice shall be mailed at least 15 days prior to the meeting, except that if the petitioner or petitioners are present at a preliminary meeting, subsequent meetings scheduled while the petitioner was present may be held without such notice.

801.07 The planning board shall prepare a recommendation as provided herein with respect to whether the proposed special use and preliminary development plan satisfy the standards in section 1404 or 1407, and the standards in section 1409 and with regard to any issues raised in light of the adopted plans and policies of the governing body and other planning considerations.

801.08 On or before its second regularly scheduled meeting following its receipt of the planning board's recommendation, the governing body shall determine whether it will schedule a hearing on the preliminary development plan for the special use, and if it does schedule a hearing, shall fix a date for the hearing no sooner than 30 nor longer than 60 days thereafter. At least 15 days prior to the public hearing the governing body shall give notice as follows:

a.

Written notice of the time and place of the hearing shall be given to the petitioner or petitioners by first class mail; and

b.

As the governing body deems appropriate notice shall be published in a newspaper of general circulation or a notice or notices shall be posted upon or around the perimeter of the property which is proposed or likely to be developed. Such notice or notices shall advise that a planned unit development, mobile home park or shopping center has been proposed, indicate the time and place of the hearing, and direct further inquiry to the zoning administrator.

801.09 Procedures for the public hearing:

a.

In acting upon a petition for a special use permit and a preliminary development plan therefor, the governing body shall have all of the authority and powers vested in the board of adjustment under article VII and, except as they are added to or supplemented under this part, the governing body shall adhere to the rules of evidence, procedure, and decisionmaking which apply to proceedings before the board of adjustment.

b.

The presiding officer shall call the hearing to order and announce in general terms the nature of the petition and the preliminary development plan, the order of summations, presentations, and comments; the rules of procedure, and such other matters as he deems appropriate.

c.

The presiding officer shall cause the materials which comprise the record of the review by the planning board to be presented to the governing body and following the hearing, he shall cause a catalog or inventory of such materials to be delivered to the clerk of the governing body for entry into the minutes of the hearing.

d.

The presiding officer shall allow persons to make summations, presentations, and comments in the following order:

1.

The planning board may present their recommendations and a summation of the evidence or testimony on which their recommendations are based.

2.

Interested parties who are proponents of the petition.

3.

Interested parties who are opponents of the petition.

4.

Any person who in a representative capacity wishes to make a presentation for or against the petition or in the public interest may do so with the approval of the presiding officer.

5.

A summation or presentation which will require more than ten minutes should normally be reduced to writing, and an oral summary should be given. Persons who desire to give longer presentations shall request permission from the presiding officer at least seven days before the public hearing. The presiding officer should approve additional time only if the circumstances clearly warrant such additional time.

6.

Interested parties or other persons who have not made summations or presentations may make comments not to exceed ten minutes in length. Comments shall be competent, relevant, and material, and vile, abusive, or threatening language shall not be tolerated.

e.

The presiding officer, the county attorney, or the zoning administrator may comment upon the significance or lack thereof of any evidence, testimony, or comment presented at the hearing.

801.10 Rules of evidence. Because the governing body acts as an administrative agency and makes quasi-judicial decisions when acting upon a petition for a special use permit, the rules of procedure and evidence set forth in article VII shall apply to the public hearing. The presiding officer, any member of the governing body, the county attorney, and the zoning administrator may question any person giving a summation, presentation, or comment. Interested parties may cross examine or offer evidence or testimony in explanation or rebuttal.

801.11 Standards for special use permits. The governing body shall not grant a special use permit unless the governing body, in its minutes with respect to the particular petition, finds as provided in article VII that:

a.

The standards in article VII have been satisfied to the extent they are applicable.

b.

The specific standards that apply to the particular type of special use have been satisfied.

801.12 In granting a special use permit, the governing body may impose such reasonable and appropriate conditions and safeguards as are authorized for the board of adjustment to impose under article VII and the zoning administrator shall issue a special use permit in accordance with such conditions and safeguards. Violation of such conditions and safeguards when made part of the terms under which a petition for a special use permit is granted shall be a violation of this ordinance and punishable as such.

801.13 A special use permit shall be granted by an appropriate order of the governing body addressed to the zoning administrator for the issuance of a special use permit subject to any terms or conditions specified in the order. Upon receipt of such an order, the zoning administrator shall issue an appropriate special use permit in accordance with the terms or conditions thereof.