The following steps are provided to assure the orderly review of every special use permit application in a timely and equitable manner:
A. Prefiling Review And Transmittal Of Application:
1. Conference:
a. A prospective applicant, prior to submitting a formal application for a special use permit, shall meet for a prefiling conference(s) with the Zoning Administrator, the Director of Public Works and any other Village official designated by the Village Administrator. The purpose of the conference(s) is to help the applicant understand the Comprehensive Plan, the Zoning Title, the standards by which the application will be evaluated, and the application requirements.
b. After reviewing the special use permit process, the applicant may request a prefiling conference with the Village staff to discuss a request for waiver of any application requirement which in the applicant's judgment should not apply to the proposed special use. Such request shall be made in writing prior to the submission of the formal application documents.
c. All requests for waiver shall be reviewed by the Zoning Administrator and a final determination regarding the waiver shall be given in writing to the prospective applicant within ten working days.
d. The applicant, prior to submitting a formal application for a special use permit, may be required to schedule a meeting to discuss the proposed development and its impact on area residents. If such a meeting is required, the applicant shall send a written notice of the meeting to all property owners within five hundred feet of the proposed development. Such notice shall be mailed not less than fifteen days prior to the date of the meeting. A copy of the notice and mailing list shall be provided to the Zoning Administrator. A written summary of comments made at the meeting shall be maintained and submitted by the applicant with the application.
2. Zoning Board of Appeals: The Zoning Administrator shall confer with the Chairman of the Zoning Board of Appeals on all applications. Upon the determination of both the Administrator and the Chairman, the Zoning Board of Appeals may be asked to participate in the prefiling conference(s).
3. Filing of Application: Following the completion of the prefiling conference(s), the applicant shall file the application for a special use permit. The Zoning Administrator may deliver copies of the application to other appropriate Village departments for review and comment.
4. Deficiencies: The Zoning Administrator shall determine whether the application is complete. If the Zoning Administrator determines that the application is not complete, he shall notify the applicant in writing of any deficiencies and shall take no further steps to process the application until the deficiencies are remedied.
5. Report on Compliance: A copy of the complete application and a written report prepared by the Zoning Administrator incorporating the comments of Village staff and other agencies regarding the compliance of the proposed development with the requirements and standards of this Section shall be delivered to the Zoning Board of Appeals.
6. Determination Not Binding: Neither the Zoning Administrator's determination that an application is complete nor any comment made by the Zoning Administrator, staff or the Zoning Board of Appeals at a prefiling conference or as part of the review process shall be intended or construed as a formal or informal recommendation for the approval of a special use permit for the proposed development, or component part thereof, nor shall be intended or construed as a binding decision of the Village, the Zoning Board of Appeals or any staff member.
B. Review and Action by the Zoning Board of Appeals:
1. Upon receiving the report from the Zoning Administrator, the Zoning Board of Appeals shall hold at least one public hearing on the proposed special use. Notice of the public hearing shall be provided and the public hearing shall be conducted in accordance with the provisions of this Zoning Title, State law and rules of procedure adopted by the Zoning Board of Appeals.
2. Notice of the required public hearing shall be published by the Village not more than thirty nor less than fifteen days before the scheduled hearing in a newspaper published in the Village or if there is none, then in a newspaper of general circulation in the Village and shall contain the following information:
a. The number designation of the application;
b. The date and time of the public hearing;
c. The location of the public hearing; and
d. The general location of the property, the legal description of the property and its street address, if applicable, and a short description of the proposed project and purpose of the public hearing.
3. Notice of the required public hearing shall also be provided by the Village by posting a sign or signs on the property no less than seven days prior to the public hearing. The sign shall be weatherproof and contain such information as is required in subsection B2 above. Failure to post such sign(s) and/or the removal or knocking down (by the Village or others) of the sign after posting but before the hearing shall not invalidate, impair, or otherwise affect any special use permit subsequently granted following such public hearing.
4. Notice of the required public hearing shall also be provided by the Village by regular mail to the owners of record of the property which is the subject of the application (if different than the applicant), and the owners of all property within five hundred feet of the subject property as shown on the written list provided by the applicant pursuant to the requirements of 65 Illinois Compiled Statutes 5/11-13-7 of the Illinois Municipal Code (such notice should be sent to the owners as recorded in the office of the Recorder of Deeds or the Registrar of Zoning Ordinances of Cook County and as they appear from the authentic tax records of Cook County, as shown on the list prepared by the applicant as required in 65 Illinois Compiled Statutes 5/11-13-7 of the Illinois Municipal Code). The applicant shall be required to submit to the Village a search by a reputable zoning ordinance company or other evidence satisfactory to the Village indicating the identity of all such owners required to receive notice, and an affidavit certifying that the applicant has complied with the requirements of 65 Illinois Compiled Statutes 5/11-13-7 of the Illinois Municipal Code. Such notice shall contain the information as is required in subsection B2 of this Section and shall be mailed not more than thirty nor less than fifteen days prior to the date of the public hearing. The notice shall also include the name and address of the applicant for the special use permit. The applicant shall also provide for the service of a separate notice which the applicant is required to serve under 65 Illinois Compiled Statutes 5/11-13-7 of the Illinois Municipal Code. The applicant shall be required to comply with all conditions of 65 Illinois Compiled Statutes 5/11-13-7 of the Illinois Municipal Code, except that the statutory area requirement of two hundred fifty feet is hereby replaced with a Village requirement of five hundred feet.
5. The Zoning Board of Appeals shall review the application, the standards and requirements established by this Zoning Title, the report of the Zoning Administrator, and any oral and written comments received by the Zoning Board of Appeals before or at the public hearing. Within thirty days following the close of the public hearing and at a regular meeting, the Zoning Board of Appeals shall make specific findings addressing each of the standards set forth in Section 10-18-3 of this Chapter and transmit such findings, together with a recommendation of approval, approval with conditions, or disapproval to the Board of Trustees.
C. Review And Action By The Board Of Trustees:
1. Within sixty days of receipt of the report and recommendation of the Zoning Board of Appeals, and without further public hearing, the Board of Trustees may deny the application, may refer the application to the Zoning Board of Appeals for further review, may postpone further consideration pending the submittal of additional information including any application requirement previously waived or may approve the special use permit. (Ord. 2640, 5-23-1995)
2. Any action taken by the Board of Trustees pursuant to subsection C1 of this Section shall require the concurrence of a majority of all Trustees and the Village President then holding office, however, if the application fails to receive the approval of the Zoning Board of Appeals, the zoning ordinance shall not be approved except by a favorable majority vote of all Trustees then holding office. (Ord. 2733, 8-11-1997)
3. In approving a special use permit, the Board of Trustees may attach such conditions to the approval as it deems necessary to have the proposed use or combination of uses meet the standards set forth in Section 10-18-3 of this Chapter and to prevent or minimize adverse effects on other property in the immediate vicinity. Such conditions may include, but are not limited to: limitations on size, bulk and location; requirements for landscaping, signage, outdoor lighting, provisions for adequate ingress and egress; hours of operation; and such other conditions as the Village Board may deem to be in furtherance of the objectives of this Section.
4. Advance written notice of the first meeting of the Village Board where a special use permit application will be considered shall be provided by regular mail to the owners of record of the property which is the subject of the application (if different from the applicant), and the owners of all property within five hundred feet of the subject property, not less than ten days prior to the date of the first Village Board meeting. This requirement is enacted to assure the most complete public notice possible for the proposed application for a special use permit, it is not required by State law. Accordingly, any failure to comply with this subsection shall not invalidate, impair or otherwise affect any special use permit subsequently granted following such meetings. (Ord. 2640, 5-23-1995)