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An application for a special use permit for any land or structure use permitted under this chapter shall be submitted and processed, along with an application for site plan review, under the following procedures:
(a) Submission of Application. An application for a special use permit shall also require site plan approval according to Section 1296.03. Any application shall be submitted through the Zoning Administrator on a special form for that purpose. Each application shall be accompanied by the payment of a fee as established by Council to cover costs of processing the application.
(b) Data Required. Every application shall be accompanied by the following information and data:
(1) The application form for a special use permit supplied by the Zoning Administrator, filled out in full by the applicant, including a statement of supporting evidence concerning the required findings specified in Section 1290.03;
(2) A complete application for Site Plan Review, including site plan, as required in Sections 1296.05; and
(3) Preliminary plans and specifications of the proposed development and for all construction.
(c) Planning Commission Review and Hearing. Upon receipt of the application, the Planning Commission shall review the application at its next regular meeting following filing and shall set a date for public hearing within 45 days thereafter. The Village Clerk shall provide notice of the hearing in accordance with the Zoning Act as described in Section 1264.04(a). Upon the conclusion of such hearing procedures, the Commission shall transmit a written recommendation within 60 days to Council, setting forth the reasons for the acceptance, denial or modification of the special use permit application.
(d) Council Action. Upon receipt of the Commission's recommendation, Council shall consider the special use permit application at its next regular meeting. Council shall approve or disapprove the recommendations of the Commission. Only upon the approval of Council may a special use permit be issued by the Zoning Administrator.
(e) Issuance of Special Use Permits. A special use permit shall be issued in writing, specifying all conditions of approval, the specific requirements and a copy of the site plan stamped “Approved” and signed by the Zoning Administrator.
(f) Duration of a Special Use Permit. A special use permit shall be valid as long as the permitted use continues in accordance with the conditions, requirements and site plan included in said permit, unless otherwise stated in the SUP. Provided, however, that an applicant must have all exterior work completed within one year from the date of issuance of said permit. Approval of a SUP shall be valid regardless of change of ownership, provided that all terms and conditions of the permit are met by the subsequent owner.
(g) Revocation by Council. Council shall have the authority to revoke any special use permit after it has been proved that the holder of the permit has failed to comply with any of the applicable requirements in this chapter. After a revocation notice has been given, the use for which the permit was granted must cease within 60 days.
(h) Reapplication. No application for a special use permit which has been denied wholly or in part by Council shall be resubmitted until the expiration of one year or more from the date of such denial, except on the grounds of newly discovered evidence or proof of changed conditions.
(i) Transfer of Special Use Permit. In order to insure continued compliance with the terms of this chapter and a special use permit issued under it, each SUP shall specify reasonable terms for transfer of a valid SUP from the present landowner or operator to a subsequent owner or operator. The responsibility for said transfer in accordance with the terms of the SUP shall be that of the permit holder of record with the Village. Failure of a SUP holder to properly transfer a SUP shall not release the permit holder of record from ordinance penalties for any subsequent action undertaken on the land in violation of the terms of the SUP. Transfer of a SUP shall be made on a form supplied by the Village for that purpose. Proper completion of the form shall require documentation of assumption by the new owner of an interest in the land/operation in question and a written agreement that the new owner/operator will assume obligations and responsibilities specified in the SUP, including deposit of a bond or other performance guarantee when so required by the SUP. When such transfer has been properly completed and any bond or other performance guarantee deposited properly with the Village by the new permit holder, any bond or performance guarantee on deposit with the Village by the previous permit holder shall be returned in accordance with the terms of this chapter.
(j) Bonding. The Planning Commission may require that a bond be furnished to insure compliance with conditions imposed with the granting of a SUP. The amount and type of bond shall be determined by the Planning Commission. The bond shall be reasonable, appropriate and commensurate with the scope of the project. The amount of the bond shall be reduced at a rate equal to the percent of work completed on the required improvements as work progresses. The term “improvements” should not be construed to mean the project itself, but rather those features associated with the project which are deemed necessary to protect the health, safety and welfare of the Village residents, resources, environment, and future users or inhabitants of the proposed project.
(k) Appeal of Decisions. A person aggrieved by the decision of the Planning Commission may have that decision reviewed by the Board of Appeals; provided the petition for appeal is filed with the Village Manager within 15 days of the Planning Commission decision.
(Ord. 2001-7. Passed 11-12-01; Ord. 2009-5. Passed 11-9-09.)