(a) Nature of Special Permit. Due to unique characteristics relative to location, design, size, operation, traffic circulation or need for public services, several specific uses have been identified which require supplemental criteria and review to substantiate that the use is appropriate for the proposed location. The uses that require a Special Permit are listed in Chapter 1184.
(b) Written Applications. Eight copies of a provided application form and a dimensioned site plan shall be filed with the Zoning Inspector in addition to the following information. The Zoning Inspector shall review the application for completeness prior to accepting it for filing and forwarding it to the Board of Zoning Appeals for consideration. The Zoning Inspector shall approve the completeness of the application if it evidences response to all submittal requirements and criteria as stated in this Ordinance.
(1) Description of property and intended use. The application shall include the following statements:
A. A legal description of the property.
B. The proposed use of the property.
C. A statement of the necessity or desirability of the proposed use to the neighborhood or community.
D. A statement describing the relationship of the proposed use to adjacent property and land use.
E. Such other information regarding the property, proposed use or surrounding area as may be pertinent to the application or required for appropriate action by the Board of Zoning Appeals.
(2) Plot plan. The application shall be accompanied by eight copies of a plot plan, drawn to an appropriate scale, clearly showing the following:
A. The boundaries and dimensions of the lot.
B. The size and location of existing and proposed structures.
C. The proposed use of all parts of the lot and structures, including accessways, walks, off-street parking and loading spaces and landscaping.
D. The relationship of the proposed development to the applicable development standards and other requirements of the Zoning Ordinance.
E. The use of land and location of structures on adjacent property.
(3) A list containing the names and mailing addresses of all owners of property within 250’ of the parcel at issue.
(c) Actions of the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing within forty-five calendar days of receipt of a completed application and act on a Special Permit in one of the ways outlined below. The applicant or their representative is required to attend the public hearing. If the applicant or their representative is not present, the request for a special permit will not be heard.
(1) Notice of Public Hearing in Newspaper. Before conducting the public hearing required in Section 1138.07
(c) herein, notice of such hearing shall be given in one or more newspapers of general circulation in the Municipality at least fifteen (15) days before the date of said hearings. The notice shall set forth the time and place of the public hearing, and the nature of the proposed Special Permit.
(2) Notice to Parties in Interest. Before conducting the public hearing required in Section 1138.07
(c) herein, written notice of such hearing shall be mailed by the Zoning Inspector by first class mail, at least fifteen (15) days prior to the hearing to all property owners within 250 feet of the parcel at issue. Failure of delivery of notice does not invalidate notice. This notice shall contain the same information as required of notices published in newspapers as specified in Section 1138.07
(c)(1) above. Failure of notice does not invalidate said notice.
(3) Approval. The Board of Zoning Appeals shall approve an application for a Special Permit if the following three conditions are met:
B. The proposed development is in accordance with appropriate plans for the area; and
C. The proposed development will be in keeping with the existing land use character and physical development potential of the area.
(4) Approval with modification. The Board of Zoning Appeals may approve with modification an application for a Special Permit, if the proposed use is a Special Permit Use in the zoning district and the applicable development standards are met, but plot plan modification is required:
A. To be in accord with appropriate plans for the area; and
B. To prevent undesirable effects on adjacent property and the surrounding area. Such modification may be a limitation on the extent or intensity of development, a requirement for additional screening by fencing or landscaping, a change in the method or plan for lighting, control of access or other conditions of development as may be required. Recommendations regarding the modification of plans or other appropriate actions shall be stated with the reasons for each recommendation.
(5) Disapproval. The Board of Zoning Appeals shall only disapprove an application for a Special Permit for any one of the following reasons:
A. The proposed use is not a Special Permit use of the Zoning District or the applicable development standards are not and cannot be met;
B. The proposed development is not in accord with appropriate plans of the area, will have undesirable effects on the surrounding area or is not in keeping with the existing land use character and physical development potential of the area.
(6) Building Permit . A building permit may be obtained from the Union County Building Department for the development only if in accordance with the approved plot plan and having obtained a zoning permit from the Village.
(7) Special Permit Approval. Upon a favorable finding, the Board of Zoning Appeals shall approve a Special Permit Application within thirty (30) calendar days following the public hearing.
(8) Special permit. A Zoning Permit may be issued for an approved Special Permit Use only within the period of one year from the date of final approval by the Board of Zoning Appeals.
(Ord. 13-11. Passed 10-24-11.)