A. Purpose: The purpose of this special use application is to provide for uses which may have a special, unique, or unusual impact upon the use of neighboring property.
B. No Presumption Of Approval: A use established as a special use in chapter 7, "Uses", of this title does not constitute a presumption that an application for such special use will be approved. Each proposed special use shall be evaluated on an individual basis with regard to the applicable standards of this title to determine whether approval of the special use is appropriate at the particular location in the manner proposed.
C. Expansion Or Alteration: Any addition, enlargement, or expansion of a use holding a special use permit shall require a new permit.
D. Procedure:
1. Action By The Zoning Administrator:
a. An application for a special use permit shall be filed with the Zoning Administrator in accordance with section 10-2-5, "Application Procedure", of this title.
b. Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Community Development Commission based upon the standards of subsection E, "Standards For Special Use Permits", of this section, and schedule the application for consideration by the Community Development Commission.
2. Action By The Community Development Commission:
a. The Community Development Commission shall conduct a public hearing on the application in accordance with section 10-2-7, "Public Hearing", of this title within sixty (60) days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.
b. The Community Development Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and each of the standards of subsection E, "Standards For Special Use Permits", of this section.
c. The Community Development Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Community Development Commission may:
(1) Recommend conditions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary to protect the public interest.
(2) Recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
d. The Community Development Commission shall forward its recommendation to the Village Board within thirty (30) days after the close of the public hearing.
3. Action By The Village Board:
a. The Village Board shall consider the application within sixty (60) days after receiving the recommendation of the Community Development Commission. The 60-day period may be extended with the written consent of the applicant.
b. The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Community Development Commission, the evidence presented at the public hearing, and each of the standards of subsection E, "Standards For Special Use Permits", of this section.
c. The Village Board shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Community Development Commission for further consideration. In approving a special use permit, the Village Board may:
(1) Require conditions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary to protect the public interest.
(2) Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
d. A two-thirds (2/3) favorable vote of the Village Trustees is required to approve the application if the Community Development Commission recommends denial of the application.
FIGURE 10-3-3-1
SPECIAL USE PERMIT APPLICATION PROCEDURE
SPECIAL USE PERMIT APPLICATION PROCEDURE
E. Standards For Special Use Permits: The Village Board, Community Development Commission, and Zoning Administrator shall evaluate applications for special use permits with specific written findings based on each of the standards of this subsection.
1. The proposed special use will not endanger the health, safety, comfort, convenience and general welfare of the public.
2. The proposed special use is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed special use.
3. The proposed special use will not impede the normal and orderly development and improvement of adjacent properties and other property within the immediate vicinity of the proposed special use.
4. The proposed special use will not require utilities, access roads, drainage and/or other facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities in such a way as to place undue burdens upon existing development in the area.
5. The proposed special use is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies of the Village.
F. Expiration Of Special Use Permit Approval: Special use permit approval shall expire and be revoked if any of the following conditions occur.
1. The use has not commenced or a building permit has not been obtained within one year after approval of the special use permit. The applicant may request one extension of this period for up to one additional year by means of a written request filed at least thirty (30) days prior to the expiration of the initial one-year period. The Zoning Administrator shall decide whether to grant or deny the applicant's request within fifteen (15) days of receipt of the applicant's written request.
2. The licenses or permits required for the operation or maintenance of the use are not obtained or are subsequently terminated.
3. The standards of this title or any of the terms and conditions of the special use permit are violated.
4. The operation of the use for which a special use permit has been issued ceases for a period of six (6) consecutive months. (Ord. 67-2018, 12-18-2018)