§ 6-3-7-5. PROCEDURE FOR REVIEW AND DECISION OF PROPOSED USE.

An application for a unique use shall be processed in accordance with the following procedures:

(A)

Public Hearing: After the filing of a perfected application for a unique use, the Zoning Administrator shall transmit the application to the Plan Commission and schedule a date for public hearing.

(B)

Staff Review Procedure: The Zoning Administrator shall schedule and conduct a staff review conference to review the comments received from the various departments and boards pursuant to Subsection 6-3-7-4(A) of this Chapter. Following the staff review conference, the Zoning Administrator shall forward staff's written report to the Plan Commission.

(C)

General Notice of Public Hearing: Notice of the public hearing required in Subsection (A} of this Section shall be given by the Plan Commission by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published within a minimum of fifteen (15) days prior to the hearing date and a maximum of thirty (30) days prior to the hearing date. Such notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any.

(D)

Mailed Notices Required: The City will provide notice, through the use of a third party service, by first class mail to all property owners within one thousand (1,000) feet of the property lines in each direction of the subject property, inclusive of public roads, streets, alleys and other public ways from the subject site whose addresses appear on the current tax assessment list as provided by the City. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The failure of delivery of such notice, however, shall not invalidate any such hearing. In addition, a sign shall be posted on the property for a minimum of ten (10) working days prior to the public hearing indicating the place, time and date of the hearing. Such notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any.

(E)

Content of Published and Mailed Notices: Published and mailed notice shall contain the time, date and place of the public hearing.

(F)

Application Process: Each unique use application shall be processed in conformance with the procedures of Sections 6-3-6-7, "Application Procedure," and 6-3-6-8, "Review Procedure; Decisions," of this Chapter.

(G)

Applicant Rights: Applicants for a unique use and owners of property within one thousand (1,000) feet inclusive of public roads, streets, alleys and other public ways, shall have the following rights, in addition to any others they may possess by law, at any hearing before the Plan Commission:

1.

To inspect all documents and material submitted as part of the application for the unique use prior to the hearing.

2.

To present witnesses on their behalf.

(H)

Objection of Property Owners: Eligible property owners, as set forth above, who wish to object shall, upon written request, be granted one (1) continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearing shall be at the discretion of the commission.

(I)

Continued Hearings or Meetings: In the instance a hearing or meeting is continued to a date certain, the date and time of the continued hearing or meeting shall be announced at the time and place of the hearing being continued, and the continued hearing's notice requirements shall be deemed satisfied. If for any reason the continued hearing or meeting date or time needs to be changed, the Zoning Administrator shall, in his or her best effort, provide the public with the new date and time of the continued hearing by:

1.

Posting the continued meeting or hearing notice at the Civic Center; and

2.

Posting the continued meeting or hearing notice on the City's website.

Failure to provide such notice, however, shall not invalidate any such continued hearing or meeting.

(J)

In the event a quorum is not present for the initial meeting or a continued meeting, a majority of the board or commission members present may reschedule the meeting to a new date and time. No additional mailed or published notices shall be required for meetings continued as provided in Section 6-3-7-5(1).

(Ord. 49-0-04; Ord. No. 68-O-14, § 8, 8-11-2014; Ord. No. 49-O-16 , § 6, 7-25-2016; Ord. No. 44-O-17 , § 9, 9-11-2017)