(A) Intent
The special use permit approval procedures of this section is intended to provide a transparent, public review process for land uses that, because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns.
(B) Authority to File
Special use permit applications may be filed by the subject property owner or by the property owner’s authorized agent. A separate application must be made for each noncontiguous parcel of land.
(C) Application Filing
Complete applications for special use permits must be filed with the Zoning Administrator.
(D) Application Review and Report
1. The Zoning Administrator must review the special use permit application in accordance with Section 5-17-3-3.
2. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed special use permit in light of the standards and review criteria of this Section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed special use permit.
(E) Required Notice
1. Newspaper Notice. Notice of the Planning and Zoning Commission’s required public hearing on a special use permit must be published in the newspaper in accordance with Section 5-17-5(A).
2. Delivered Notice. Notice of the Planning and Zoning Commission’s required public hearing on a special use permit must be delivered in accordance with Section 5-17-5(B).
3. Posted Notice. Notice of the Planning and Zoning Commission’s required public hearing on a special use permit must be posted on the subject property in accordance with 5-17-5(C).
(F) Public Hearing
The Planning and Zoning Commission must hold a public hearing on the proposed special use permit within 60 days of receipt of a complete application. Within 60 days of the close of the public hearing, the Planning and Zoning Commission must act by simple majority vote of a quorum to recommend that the proposed special use permit be approved, approved with conditions, approved with modifications, or denied and transmit its findings and recommendations to the Village Board.
(G) Final Action
Within 60 days of the Planning and Zoning Commission’s recommendation, the Village Board must act to approve the proposed special use permit, approve the special use permit with conditions, approve the special use permit with modifications or deny the special use permit. The Village Board may also remand the proposed special use permit back to the Planning and Zoning Commission for further consideration.
1. If the Planning and Zoning Commission recommended denial of the special use permit, passage of the special use permit requires a favorable vote of two-thirds of the Village Board trustees holding office.
2. If the special use application is remanded, the Village Board must specify the reasons and scope of the remand, and further proceedings before the Planning and Zoning Commission must be limited to those identified items. The Planning and Zoning Commission must conduct further proceedings as may be appropriate and return a recommendation on the special use application to the Village Board within 60 days of the date that the matter is remanded to the Planning and Zoning Commission. Within 60 days of receipt of the Planning and Zoning Commission’s recommendation, the Village Board must take final action on the special use application.
(H) Standards and Review Criteria
No special use permit may be recommended for approval or approved unless:
1. The establishment, maintenance or operation of the special use will not be detrimental to, or endanger the public health, safety or general welfare;
2. The special use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
3. The establishment of the special use will not impede the normal and orderly development and improvement of the adjacent property for uses permitted in the district;
4. The special use in all other respects conforms to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by variation by the Village Board.
(I) Conditions of Approval
In granting a special use permit, the Village Board is authorized to impose conditions upon the subject property benefited by the special use permit that are necessary to reduce or minimize any potentially adverse impacts on other property in the surrounding area, and to carry out the stated purpose and intent of this Zoning Ordinance.
(J) Transferability
Approved special use permits run with the land and are not affected by changes of tenancy, ownership, or management unless otherwise stated in the ordinance approving the special use.
(K) Amendments
A request for changes in the specific nature of the approved special use permit or changes to any conditions attached to an approved special use permit must be processed as a new special use permit application, including the requirements for fees and notices.
(L) Successive Applications
If a special use permit application is denied, no application may be accepted absent a change in circumstances that proposes the same special use of any portion of the same property for 12 months from the date of the Village Board decision to deny.
(M) Lapse of Approval
1. An approved special use permit will lapse and have no further effect one year after it is approved by the Village Board, unless:
(a) A building permit has been issued (if required); or
(b) A certificate of occupancy has been issued; or
(c) The special use has been lawfully established.
2. The Village Board is authorized to extend the expiration period for good cause on up to two separate occasions, by up to six months each. Requests for extensions must be submitted to the Zoning Administrator and forwarded to the Village Board for a final decision.
3. A special use permit also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the special use permit.
4. If any special use is abandoned, or is discontinued for a continuous period of one year or more, the special use permit for such use is void, and such use may not be reestablished unless and until a new special use permit is obtained in accordance with the procedures of this Chapter.
Special Use Permit Decision Process
(N) Revocation
1. Revocation of an approved special use permit may be initiated by the property owner of the property subject to the special use permit or by the Village.
2. If revocation is initiated by the Village, the owner shall be notified, in writing, at least 60 days prior to the Village Board's consideration of the revocation.
3. The voluntary revocation of a special use permit is at the sole discretion of the Village Board.
4. The involuntary revocation of a special use permit shall be based on the Village Board's determination that the special use permit holder failed to comply with any or all of the conditions, restrictions, or provisions of the special use permit.
5. Upon revocation of a special use permit, the parcel of land shall conform to the permitted uses and other regulations of the zoning district in which it is located. (Ord. 2021-4931, 11-15-2021; amd. Ord. 2022-4972, 8-1-2022; Ord. 2023-5042, 12-18-2023)