(A) Intent and purpose. It is the intent and purpose of this chapter to provide a set of procedures and standards for special uses of land or structures that will maintain sound provisions for the protection of the health, safety, convenience, and general welfare of the inhabitants of the Village of Kingsley.
(B) Review and approval.
(1) The special land uses and activities eligible in a respective zoning district in the Village of Kingsley may be permitted only after review and recommendation of the Village Planning Commission, followed by approval of the Village Council.
(2) The special uses shall also be subject to site plan review and approval as provided for in § 152.228.
(C) Permit procedure. Request for special use permit shall be made by filing with the Village Zoning Administrator the following:
(1) A permit fee as determined by resolution of the Village Council based upon the cost of processing the permit and as shall be on file with the Village Clerk; and
(2) A copy of the completed application form for special use permit which shall contain at a minimum the following information:
(a) Name and address of applicant;
(b) Legal description, property parcel number, and street address of the subject parcel of land;
(c) Area of the subject parcel of land stated in acres or, if less than 1 acre, in square feet;
(d) Present zoning classification of parcel;
(e) Present and proposed land use;
(f) Applicant's statement of expected effect on emergency service requirements, schools, storm water systems, and automobile and truck circulation patterns and local traffic volume; and
(g) Any additional material or information necessary to consider the impact of the project upon adjacent properties and the general public as may be requested by the Village Zoning Administrator, Planning Commission, or Village Council.
(h) All information from site plan review, if requested by the Village Zoning Administrator, Planning Commission, or Village Council.
(D) Standards for decision. In evaluating a proposed special use permit, the Village Planning Commission shall consider the following factors upon which to base their decision and/or approval:
(1) The similarity and compatibility of the proposed special use with permitted uses in the respective zoning district;
(2) Whether or not the proposed use would create a traffic hazard to a greater degree than the permitted uses in that district;
(3) Whether or not the proposed use would create obnoxious or harmful noise or odors;
(4) Location in relation to roads and adjacent residential areas;
(5) Preservation of elements of the natural environment such as trees, natural land forms, shore areas, and drainage patterns;
(6) Safety factors, such as access for fire and police; and
(7) Relationship to shore and stream preservation principles where appropriate.
(E) Decision of Village Council.
(1) (a) Prior to action by the Village Council, the Village Planning Commission shall hold a public hearing pursuant to § 152.274. After adequate review and study of any application for a special use permit, the Village Planning Commission shall transmit the comments received from the public, its findings, and its recommendations to the Village Council.
(b) After a public hearing pursuant to § 152.274, the Village Council may deny, approve, or approve with conditions a request for special land use approval. The decision on a special land use shall be incorporated in a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed. If approved, the Village Council shall direct the Zoning Administrator to issue a special use permit therefore.
(2) Conditions.
(a) Reasonable conditions may be required in conjunction with the approval of a special land use, planned unit development, or other land uses or activities permitted by discretionary decision. The conditions may include, conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all the following:
1. Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
2. Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.
3. Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in the ordinance for the land use or activity under consideration; and be necessary to insure compliance with those standards.
(b) The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. The approving authority shall maintain a record of changes granted in conditions.
(F) Permit expiration.
(1) A special use permit issued pursuant to the requirements of this chapter shall be valid for a period of 1 year from the date of the issuance of the permit.
(2) If construction or use has not commenced and proceeded meaningfully toward completion by the end of this period, the special use permit shall be null and void.
(G) Amendments to and modifications of special use permits.
(1) Non-material deviation from the special use permits issued by the Village Council or the Planning Commission are permissible and the Zoning Administrator may, after consultation with the
Village Planner and Planning Commission, authorize such non-material deviations. A deviation is non-material if it will result in no discernable changes or impact on or to the neighboring properties, the general public, or those intended to occupy or use the proposed development and will not noticeably change or relocate the proposed improvements to the property.
(2) Minor design modification to changes in permits (including approved plans) are permissible with the approval of the permit-issuing authority. Such permission may be obtained without formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
(3) All other requests for changes in approved permits will be processed as new applications. If such requests are required to be acted upon by the Village Council or Board of Appeals, new conditions may be imposed in accordance with § 152.229(C)(2)(g) but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.
(4) The Zoning Administrator and Village Planner shall determine whether amendments to and modifications of permits fall within categories set forth in divisions (G)(1), (2) and (3).
(5) A developer requesting approval of changes shall submit a written request for such approval to the Administrator and that request shall identify the changes. Approval of all changes must be given in writing.
(6) Although a special use permit may be amended or modified under this section, any conditions imposed with respect to the approval of a land use or activity shall remain unchanged except upon the mutual consent of the approving authority and the landowner.
(Ord. passed 10-23-1978, § 15.10; Am. Ord. 2002-6, passed 9-9-2002; Am. Ord. 2006-2, passed 7-10-2006; Am. Ord. 2006-4, passed 7-10-2006) Penalty, see § 152.999