<div class="chunk-title">Section 801. - Procedures for obtaining a special use permit.</div>
<div class="chunk-content">
            <p class="p0">
               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.
               </p>
            <p class="p0">
               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.
               </p>
            <p class="p0">
               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.
               </p>
            <p class="p0">
               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 <a href="" data-chunk-id="COOR_APXAZO_ARTXIVSUUS_S1407PLUNDEDI" class="section-link" data-product-id="12479">section 1407</a> or 1409 depending on the use for which the special use permit is requested.
               </p>
            <p class="p0">
               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.
               <br></p>
            <p class="p0">
               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.
               </p>
            <p class="p0">
               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 <a href="" data-chunk-id="COOR_APXAZO_ARTXIVSUUS_S1404MOHOPA" class="section-link" data-product-id="12479">section 1404</a> or 1407, and the standards in <a href="" data-chunk-id="COOR_APXAZO_ARTXIVSUUS_S1409PLSHCE" class="section-link" data-product-id="12479">section 1409</a> and with regard to any issues raised in light of the adopted plans and policies of
               the governing body and other planning considerations.
               </p>
            <p class="p0">
               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:
               
               <p class="incr1">
                  a.
                  </p>
               		
               <p class="content2">
                  Written notice of the time and place of the hearing shall be given to the petitioner
                  or petitioners by first class mail; and
                  </p>
               		
               
               <p class="incr1">
                  b.
                  </p>
               		
               <p class="content2">
                  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.
                  </p>
               		
               
            <p class="p0">
               801.09 Procedures for the public hearing:
               
               <p class="incr1">
                  a.
                  </p>
               		
               <p class="content2">
                  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.
                  </p>
               		
               
               <p class="incr1">
                  b.
                  </p>
               		
               <p class="content2">
                  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.
                  </p>
               		
               
               <p class="incr1">
                  c.
                  </p>
               		
               <p class="content2">
                  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.
                  </p>
               		
               
               <p class="incr1">
                  d.
                  </p>
               		
               <p class="content2">
                  The presiding officer shall allow persons to make summations, presentations, and comments
                  in the following order:
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  The planning board may present their recommendations and a summation of the evidence
                  or testimony on which their recommendations are based.
                  </p>
               		
               <p class="incr2">
                  2.
                  </p>
               		
               <p class="content3">
                  Interested parties who are proponents of the petition.
                  </p>
               		
               <p class="incr2">
                  3.
                  </p>
               		
               <p class="content3">
                  Interested parties who are opponents of the petition.
                  </p>
               		
               <p class="incr2">
                  4.
                  </p>
               		
               <p class="content3">
                  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.
                  </p>
               		
               <p class="incr2">
                  5.
                  </p>
               		
               <p class="content3">
                  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.
                  </p>
               		
               <p class="incr2">
                  6.
                  </p>
               		
               <p class="content3">
                  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.
                  </p>
               		
               
               <p class="incr1">
                  e.
                  </p>
               		
               <p class="content2">
                  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.
                  </p>
               		
               
            <p class="p0">
               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.
               </p>
            <p class="p0">
               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:
               
               <p class="incr1">
                  a.
                  </p>
               		
               <p class="content2">
                  The standards in article VII have been satisfied to the extent they are applicable.
                  </p>
               		
               
               <p class="incr1">
                  b.
                  </p>
               		
               <p class="content2">
                  The specific standards that apply to the particular type of special use have been
                  satisfied.
                  </p>
               		
               
            <p class="p0">
               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.
               </p>
            <p class="p0">
               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.
               </p></div>