It is the intent of this article to establish public hearing procedures and standards for those uses identified as special land uses in the various zoning districts in this chapter, and for special land use requests that may be approved on discretionary grounds, including specific types of land use that require issuance of a use permit, as set forth and regulated in this chapter.

(Ord. No. 802, § 1, 12-14-2020)

Uses identified in various zoning districts as special land uses shall comply fully with all of the standards of the zoning district in which they are permitted and the conditions attached to each such use, unless such standards and conditions have been varied by the zoning board of appeals. Special land uses shall be subject to review by all applicable city departments and by the planning commission. In those zoning districts that allow mixed land use, which may be approved based on discretionary grounds, the planning commission at its discretion, may attach such conditions to its recommendation to the city council and the city council at its discretion, may attach those conditions, as well as its own, to its approval.

(Ord. No. 802, § 1, 12-14-2020)

Specific land use identified in Article XXV in this chapter as uses requiring issuance of a use permit shall fully comply with all standards of this chapter applicable to them, and to review by all applicable city departments who shall submit their reviews to the planning commission for their review and recommendation to the city council. Since discretionary review latitude is given by statute to the planning commission and the city council, the planning commission at its discretion, may attach conditions to its recommendation to the city council and the city council at its discretion, may attach those conditions, as well as their own, to its approval.

(Ord. No. 802, § 1, 12-14-2020)

Upon receipt of an application for approval of a special land use, or an application for approval of a PD planned development, or an application for approval of a use requiring issuance of a use permit, and upon completion of the review by all applicable city departments, but before forwarding its review comments to the planning commission, the building department shall prepare and forward an official notice to a newspaper of general circulation in the City of Trenton, and shall send same by general mail or by personal delivery to the owners of the subject property, and to all persons to whom real property is assessed within 300 feet of the peripheral boundaries of the subject property, and to the occupants of all buildings within 300 feet of the peripheral boundary of the subject property. Such notice shall be given not less than 15 days before the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a building, except that if a building contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single building containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the building who shall be requested to post the notice at the primary entrance to the building. The notice shall:

(1)

Describe the nature of the land use request.

(2)

Indicate the property that is the subject of the land use request.

(3)

State when and where the land use request will be considered.

(4)

Indicate when and where written comments will be received concerning the request.

(5)

Indicate that a property owner may request a public hearing on the land use request or the occupant of a building located within 300 feet of the peripheral boundary of the property being considered for a particular land use.

(Ord. No. 802, § 1, 12-14-2020)

At the initiation of the planning commission, or upon request of an applicant for approval of a special land use, or a use which permits discretionary approvals by the city council such as those in the PD Planned Development district, or upon the request of an applicant for approval of a specific use that requires issuance of a use permit, or a property owner or the occupant of a building located within 300 feet of the peripheral boundary of the subject property, a public hearing with notification, as required in this article, shall be held before a decision may be made. A decision on a special land use request, a request that is based on discretionary grounds, or a decision that requires issuance of a use permit, will not be made unless notification of the request given as required in this chapter.

(Ord. No. 802, § 1, 12-14-2020)