(A) Zoning Board Report: The village board shall not act upon a special use permit application until the village board has received the written report and recommendation from the zoning board.
(B) Evaluation Of Special Use Application: As provided herein, the village board shall not be bound by the findings or recommendations of the zoning board. Accordingly, the village board may make findings of fact different from the zoning board's findings based upon the evidence received at the public hearing in front of the zoning board. Also, the village board may further discuss the positions of the applicant and any opposing parties with these parties during their evaluation of the special use application.
(C) Adoption Of Recommendation: The village board may adopt the recommendation of the zoning board on a special use request upon the concurring vote of a majority of all village board members. However, the village board can only take action that is adverse to the zoning board's recommendation on a special use request by a favorable vote of two-thirds (2/3) of all village board members.
(D) Use Contingent On Conditions Or Restrictions: The village board may grant a special use contingent upon the acceptance of certain conditions, safeguards, or restrictions as imposed by the zoning board, which may be modified or added by the village board, to protect public welfare or the neighboring property or carry out the general purposes and intent of this title. These conditions or restrictions shall be set forth in writing. Such conditions or restrictions may include or address, without limitation, landscape screening, fencing, hours of operation, lighting, noise levels, parking facilities, accessibility, signage, outdoor storage, expansion, and other such conditions or restrictions deemed necessary to render the use compatible with the surrounding properties.
(E) Written Protest Or Opposition To Special Use Request: If a written protest or petition against any special use request is:
1. Signed and acknowledged by the owners of twenty percent (20%) of the frontage to the subject parcel; or
2. Signed and acknowledged by the owners of twenty percent (20%) of the frontage to the subject parcel immediately adjoining or across an alley from the frontage; or
3. Signed and acknowledged by the owners of twenty percent (20%) of the frontage to the subject parcel directly opposite from the frontage;
and properly filed with the village clerk pursuant to this section, the special use request shall not be approved except by the favorable vote of two-thirds (2/3) of all village board members. In order to properly file a written protest or opposing petition, a person must submit the written protest or opposing petition to the zoning officer prior to the public hearing being held by the zoning board to review of the special use application, with a copy also being provided to the village clerk at that time. This provision shall supersede any other voting requirements established by this chapter.
(F) Permit Term: A special use permit granted by the village board shall remain valid until the beginning of the next fiscal year for the village (the subsequent May 1) up to one calendar year from the date when the special use permit was granted by the village board, unless the special use is otherwise terminated under the provisions of this chapter.
(G) Requirements To Begin Use Of Property: If a special use request has been approved by the village board pursuant to this chapter, the person who made the special use request must begin use of the property as allowed by the special use permit or begin construction consistent with the allowed special use within one hundred twenty (120) days of the date when special use permit was granted by the village board. Failure to comply with this one hundred twenty (120) day requirement for any reason shall result in automatic revocation of the special use permit. If a special use permit is revoked, the person making the special use request must submit a new application and pay all related fees in order to gain further approval of the special use. The approval of the initial special use request shall have no effect and shall be no guarantee of approval of a subsequent similar special use request. (Ord. 2004-16, 9-7-2004)