A. The Zoning, Planning and Appeals Commission or the Board of Trustees of the Village of Mettawa, as the case may be, shall not recommend to grant a special use unless it shall make findings of facts based upon evidence presented at the hearing in any given case that:
1. The special use will serve the public convenience at the location of the subject property; or that the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
2. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets given access to it, shall be such that it will be in harmony with the appropriate, orderly development of the district in which it is located;
3. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district, nor substantially diminish and impair other property valuations within the neighborhood;
4. The nature, location, and size of the buildings or structures involved with the establishment of the special use will not impede, substantially hinder, or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie;
5. Adequate utilities, access streets, drainage, and/or other necessary facilities have been or will be provided;
6. Parking areas shall be of adequate size for the particular special use, which areas shall be properly located and suitably screened from adjoining residential uses, and the entrance and exit driveways to and from these parking areas shall be designed so as to prevent traffic hazards, eliminate nuisance, and minimize traffic congestion in the public streets; and
7. The special use shall in all other respects conform to the applicable regulations of the zoning district in which it is located, except as such regulations may, in each instance, be modified as provided in this Chapter.
B. The Zoning, Planning and Appeals Commission or the Board of Trustees of the Village of Mettawa, as the case may be, may impose such conditions and restriction upon the subject property; the location, the construction, and design of buildings; and use of the property benefited by such special use as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values.
C. The terms of the special use so granted shall be specifically set forth in a conclusion or statement which is supported from the findings of fact of the Zoning, Planning and Appeals Commission. The subject property for which the special use has been granted shall not be used in violation of the specific terms and the findings of fact or ordinance, as the case may be, unless such usage is allowed by further findings of fact or additional ordinance, pursuant to additional hearings on appeal therefor.
D. All special uses granted by the Zoning, Planning and Appeals Commission or the Board of Trustees of the Village of Mettawa, as the case may be, are hereby amended as a matter of law to include the following text, whether or not such text was included in the special use granted. In the event of any conflict between the terms of a special use and the terms of the following text, the following text shall control and supersede any conflicting term in the special use:
That the failure of any owner of the Subject Property to comply strictly with any one or more of the conditions contained in this Ordinance shall cause, unless cured by the owner upon fourteen (14) days of notice from the Village, or some other greater time period set by the Village in the notice, a revocation of the Special Use Permit issued hereby as well as every other permit and/or license issued by the Village of Mettawa by reason of the adoption of this Ordinance upon expiration of the cure period set forth herein.
(Ord. 397, passed 5-12-99; Am. Ord. 688, passed 5-17-2011; Am. Ord. 748, passed 12-17-2013)