(A) A special use permit shall be acted upon by the Board of Trustees within 30 days upon receipt of the Board of Zoning Appeals decision. The Board of Trustees may affirm, reverse, or modify a decision of the Board of Zoning Appeals; provided that, if a Board of Zoning Appeals decision recommending denial of a special use permit is reversed, or a decision recommending granting of a special use permit is modified, the Board of Trustees on the basis of the record transmitted by the Building Commissioner and such additional evidence as may be submitted, shall make findings of fact that establish that the circumstances prerequisite to the granting of a special use permit prescribed in § 155.108 of this chapter apply.
(B) A special use permit shall be passed by a majority of the Board of Trustees. A special use permit which fails to receive the approval of the Board of Zoning Appeals shall not be granted by the Board of Trustees, except by a two-thirds’ of all the Board of Trustees.
(C) If a written protest against a proposed special use permit is filed with the Village Clerk, the special use permit shall be passed only by a favorable two-thirds’ vote by the Board of Trustees. The protest may be filed by the following parties:
(1) The owners of 20% or more of the land with frontage on the same block as, or frontage on the alley in the same block across from, or frontage on the block across form the proposed special use; and
(2) The owners of 20% or more of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across the alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered.
(Ord. 07-O-01, passed - -2007)