(A) The Zoning Official may issue a zoning compliance permit in conformity with the particular special land use so approved, in all cases where a particular special land use has been granted as provided herein, application for a zoning compliance permit must be made and received by the village no later than 120 days thereafter, or such approval shall automatically be revoked, unless an extension is granted. The Planning Commission and/or Zoning Commission, as required, may grant an extension of the zoning compliance permit for special land use for good causes shown under such terms and conditions for such a period of time not to exceed six months.
(B) The Planning Commission and/or Zoning Commission, as required, may require a performance guarantee to ensure completion of the improvements (excluding the building). The performance guarantee may take the form of a cash deposit, surety bond, certified check, or an irrevocable bank letter of credit.
(C) Where actual physical construction of a substantial nature of structures authorized by a special land use has not commenced within one year of issuance, and a written application for extension of the approval has not been filed as provided below, the permit shall become null and void and all rights thereunder shall terminate (note: it is the responsibility of the applicant to request such an extension).
(D) Upon written application filed prior to the termination of the one-year period as provided above, the Planning Commission and/or Zoning Commission, as required, may authorize a single extension of the tune limit for a further period of not more than one year. Such extension shall be granted only based on evidence from the applicant that the development has a reasonable likelihood of commencing construction during the one year extension period.
(E) Any approved special land use shall be deemed a use permitted in the district in which it is located and is not to be considered a nonconforming use.
(F) If a use regulated as a special land use which has not previously received a special land use permit ceases operations for more than one year, the special land use permit shall become null and void, and a new special land use permit shall be required to reopen the use. The time frame shall be extended to two years for a use which was approved as a special land use under this chapter amendment.
(G) The Zoning Official shall make periodic investigations of development authorized by special land use permit to determine continued compliance with all requirements imposed by the Planning Commission and/or Zoning Commission, as required, and this chapter. Noncompliance with the requirements and conditions approved for the special land use shall constitute grounds to terminate said approval following a public hearing.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)