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Section 16.05

Planning Commission Procedure for Approval

The following procedures shall be followed for special land use permits to be granted by the Planning Commission and Village Council:

Pre-application conference. Before submitting an application, the applicant shall meet with the Zoning Administrator to review the proposed project, the Village of Mayville Code of Ordinances, and any planning documents that relate to the property.
Application. A special land use permit application shall be submitted to the Planning Commission for review and recommendation. a. Public hearings

The Planning Commission shall hold a public hearing with such notice as it deems advisable. After review, the Planning Commission shall submit a written recommendation to the Village Council based upon the standards of this Zoning Code.
A public hearing shall be held by the Planning Commission on each special land use application properly filed under this Zoning Code. Notice of the public hearing shall be given not less than fifteen days before the date of the public hearing. Notice shall be published in a newspaper of general circulation in the Village and shall be mailed or personally delivered to:
1. The owners of the property for which approval is being considered;
2. All persons to whom real property is assessed within 300 feet of the boundary of the property in question; and
3. At least one occupant of each dwelling unit or spatial area owned or leased by different persons within 300 feet of the boundary of the property in question. Where a single structure contains more than four dwelling units or other distinct spatial areas, notice may be given to the President or owner of the structure with a request to post the notice at the primary entrance of the structure. The occupants of all structures within 300 feet of the boundary of the property in question. Where the name of the occupant is not known, structures within 300 feet of the boundary of the property in question. Where the name of the occupant is not known, the term "occupant" may be used in making notification.
Notice. The notice of the Planning Commission public hearing shall contain:
1. A description of the nature of the special land use request;
2. A description of the property which is the subject of the special land use request, including a listing of all existing street addresses within the property where they exist; and
3. The time and place of consideration of and public hearing on the special land use request; and
4. When and where written comments will be received concerning the request.
Decision. The Planning Commission may deny, approve or approve with conditions requests for special land use approval after a hearing and notification as provided herein, once Village Council Approval has been given. Its’ decision shall be in the form of an order which shall incorporate a statement of conclusions and shall specify the basis for the decision and any conditions imposed. An order denying a special land use shall state the standards which have not been met. A decision of the Planning Commission shall be final. There shall be no appeal of the Planning Commission’s decision to the Zoning Board of Appeals.
Order. If the Planning Commission determines that the application is consistent with the intent of this Zoning Code as expressed in this chapter and with the other standards and requirements herein contained, it shall issue an order authorizing the

special land use in accordance with the application and material submitted, modified as it may consider necessary to carry out the intent and standards of this Zoning Code, and containing any lawful conditions or restrictions which it may consider necessary to carry out the purposes of this Zoning Code and to protect the public health, safety and welfare. The order shall recite the findings of fact and the reasons upon which it is based. g. Compliance. After approval of a special land use, the land to which it pertains shall be developed and used in its entirety only as authorized and described in the order approving the special land use or only as authorized by the provisions of this Zoning Code which would apply if the special land use order had not been issued.