The Village Board, by an affirmative two-thirds vote, may by special use permit after public hearing, authorize the location of any building or use in any district, except as herein qualified, from which there are otherwise prohibited by this section; provided, however, that appropriate conditions and safeguards be imposed to protect the public welfare and to conserve and protect property and property values in the neighborhoods.
(A) A property owner desirous of obtaining a special use permit shall complete the following requirements prior to consideration of that petition by the Village Board, specifically:
(1) Present and file a petition for a special use permit containing the legal description of the subject property, the tax parcel identification number of the subject property, the current zoning classification of the subject property, the present use of the subject property and the intended use of the subject property, and as a required part of that petition, shall attach thereto a list of names and addresses of all persons to whom the current real estate tax bills are sent as shown on the tax records of the office of the County Assessor, and all persons who reside on or in possession of the premises of all lots lying within 150 feet of the property lines of the lot(s) for which the special use permit is sought, excluding all streets, alleys, or other public rights-of-way;
(2) Said petition shall be filed with the Village Clerk along with the payment of an amount as set forth in § 35.02;
(3) All documentation will be forwarded to the Board of Trustees for placement on the agenda at its next regularly scheduled meeting;
(4) The public hearing shall be held at the next regularly scheduled meeting for the Village Board, and petitioner shall publish notice of same in a newspaper of general circulation within the Village, not less than 15 days nor more than 30 days in advance of the scheduled hearing date, and submit a publisher’s certificate to the Village Clerk on or before the hearing date as proof of publication of said notice;
(5) In addition thereto, the petitioner shall send notice of the hearing to all persons to whom the current real estate tax bills are sent as shown in the tax records of the office of the County Assessor, and to all persons residing on or in possession of the premises of all lots lying within 150 feet of the property lines of the lot(s) for which the special use permit is sought, excluding streets, alleys, and other public rights-of-way;
(6) Said notice shall be given not more than 45 days nor less than seven days in advance of the scheduled hearing date and shall be sent by certified mail, return receipt requested;
(7) The petitioner shall file a sworn affidavit with an attached copy of the notice sent, showing the names and addresses of all persons to whom notice has been sent, with the Village Clerk no less than three days prior to the scheduled hearing date, and in addition thereto, shall submit all certified mail receipts for verification of same; and
(8) The petitioner shall place a notice on the subject property for which the special use permit is being sought not less than seven days in advance of the hearing in the form of a sign, to be placed on said property in such a location that can be easily viewed by the general public.
(B) When such special use permits the existence of shops or business in private homes in residential areas, certain conditions shall be mandatory for the application of the special use permit.
(1) No sign advertising the business shall be permitted on the premises.
(2) No parking problems shall be allowed by virtue of the operation of the business.
(3) No unusual noises, odors, smoke, steam, or other by-products of the business shall be permitted.
(4) No use of the business shall be permitted on the premises unless such use shall be approved by the Board of Trustees, or such subdivision or committee as assigned to make such approvals by the Board of Trustees. Those businesses currently in operation on the date of passage hereof shall be allowed to continue existing usage without approval for a period of six months. Within that six months, all existing usage must be approved by the Village Board without cost to the business owner. Should the owner of the business fail to obtain approval of such usage within six months, the special use permit shall be subject to revocation under the terms and conditions as outlined in this section.
(5) The granting of such special use shall be limited solely to the present owners or occupiers of the residence for which it is requested and shall be subject to immediate revocation for failing to conform to the rules and regulations hereinbefore mentioned upon notice of ten days upon the opportunity to have a hearing before the Village Board.
(Prior Code, § 5-9-1) (Ord. passed 7-14-1997)