The following procedures and supporting materials shall be required for application, review, and approval. An application for a special land use shall be submitted and acted upon in accordance with the following procedures.
(A) Applications for a special land use shall be submitted through the Village Clerk to the Planning Commission. Each application shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by the Village Council to cover the costs of processing the application.
(B) Applications for a special land use shall be accompanied by the following documents and information:
(1) A special land use application form submitted to the village that has been completed in full by the applicant; and
(2) A site plan review criteria, as required in this chapter.
(C) (1) Upon receipt of an application for a special land use which requires a decision on discretionary grounds, a notice that a request for special land use approval has been received shall be published in a newspaper of general circulation in the village, and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. The notice shall be given not less than five and not more than 15 days before the application will be considered.
(2) 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 structure, except that if a structure 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 structure 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 structure, who shall be requested to post the notice at the primary entrance to the structure.
(3) The notice shall:
(a) Describe the nature of the special land use request;
(b) Indicate the property that is the subject of the special land use request;
(c) State when and where the special land use request will be considered;
(d) Indicate when and where written comments will be received concerning the request; and
(e) Indicate that a property owner may request a public hearing on the special land use request, or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special use.
(D) The Planning Commission, based on its review of the application for a special land use, comments received at the public hearing, and other material submitted in relation to the request, shall make a determination on the special land use application. The determination shall be in accordance with the criteria for approval and such other standards contained in this chapter that relate to the special land use under consideration.
(E) The decision of the Planning Commission on a special land use shall be incorporated in a statement that sets forth the findings, determinations, and conclusion relative to the special land use under consideration. The statement shall specify the basis for the decision of the Planning Commission and any conditions imposed.
(Prior Code, § 154.291) (Ord. 48, passed 6-21-2005)