Loading...
(A) There shall be no flashing, oscillating, or intermittent, illumination of any sign located in the line of vision of a traffic control device or interfering with safe vision along any roadway, especially at intersections.
(B) All illuminated signs shall be designed and located to prevent the light from being cast upon adjoining residences and shall be located at least 150 feet from any residential use.
(C) The illumination of any sign shall not be detrimental or annoying to surrounding property nor constitute a safety hazard, as determined by the Zoning Administrator.
(D) In the AG, RA-1, RA-2, MR districts, only non-dwelling use signs may be illuminated.
(Ord. passed 11-16-2020)
(A) Intent. This chapter is intended to encourage the eventual elimination of signs which do not comply with the chapter. The elimination of non-conforming signs is as much a subject of health, safety, and welfare as is the prohibition of new signs in violation of this chapter. Therefore, this chapter attempts to realize the removal of non-conforming signs and to avoid any unreasonable invasion of established property rights.
(B) Continuance. A nonconforming sign may be continued during the useful life of the sign if it is maintained in good condition. It shall not, however, be replaced by another nonconforming sign. It may not be structurally altered so as to prolong the useful life of the sign. It may not be reestablished after damage or destruction is the Department determines that the estimated cost of reconstruction exceeds 50% of the estimated replacement costs.
(Ord. passed 11-16-2020)
(A) Codes. All signs shall conform to the latest edition of the applicable building and electrical codes.
(B) Fastenings. All signs must remain safe and secure during the period of use. All parts of the Signs, including bolts and cables, shall remain painted, and free of corrosion.
(C) Fire escapes. A sign may not obstruct a fire escape.
(D) Identification. All signs for which a permit is required shall identify the name and operating telephone number of the person responsible for the sign.
(E) Responsibility for compliance. The owner of the parcel on which a sign is placed and the person maintaining the sign are each fully responsible for the condition and the maintenance of the sign, and the area around the sign.
(Ord. passed 11-16-2020)
A sign or sign insert shall be removed by the owner or lessee of the premises upon which the sign is located when the business is no longer conducted on the premises and the village determines the sign is in a condition that is detrimental to the health, safety and welfare of the village. This may include structural deficiencies or poor maintenance. If the owner or lessee fails to remove it within 30 days of the termination of the business, or the property owner fails to provide the village with a permit request for a replacement sign within 180 days of the business no longer being conducted on the premises, the Zoning Enforcement Officer, or a duly authorized representative, may remove the sign at cost to the property owner. When a successor to a defunct business agrees to maintain the signs as provided in this code, this removal requirement shall not apply.
(Ord. passed 11-16-2020)
SPECIAL USE PERMITS
(A) Intent.
(1) The special uses that are designated for a particular zoning district are generally complementary to the uses permitted by right. However, because of their unique characteristics or more intensive natures, these uses require special consideration of the welfare of adjacent properties and the community as a whole. It is the intent of this chapter to provide a set of procedures and standards for specific uses of land or structures that will allow practical latitude for land use and at the same time, promote the intent and purpose of this zoning chapter, and insure the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land uses.
(2) The Planning Commission shall have the opportunity to impose conditions upon each use which are deemed necessary for the protection of the public welfare. Such conditions shall be based on standards in this chapter.
(B) Purpose. This chapter provides procedures and standards for regulating activities identified as uses by special use permit for each zoning district. The purpose of designating special uses is to allow practical latitude for a property owner or developer to use a parcel of land while maintaining protection of the health, safety, comfort, convenience and general welfare of neighbors and the community at large.
(C) Process. Regulation of special uses may include up to three separate steps. First is the possibility of a rezoning being required to accommodate the special use. Second is the review of the site plan for the proposed use. And third is the decision of whether a special use permit will be granted.
(1) Standards. During the special use permit process, various considerations will be explored before approval of the site plan or the special use permit. Some of these are defined in this chapter as additional site plan review standards for various special uses. These standards are intended to reduce the impact of a special use on surrounding properties. They are minimum requirements that must always be met.
(2) Conditions. The Planning Commission may attach additional conditions to the approval of the site plan or the special use permit. These conditions must be based on requirements or concerns defined by this chapter.
(3) Permanence. Note that once a special use permit has been granted, it may only be revoked if the conditions mentioned above, or other requirements of this chapter, have been violated. Otherwise, the special use permit "runs with the land" and is one of the rights that transfers when the parcel is rented or sold. Therefore, this chapter does not provide for placement of any time limit on a special use permit, except the special use permit may expire or be revoked.
(Ord. passed 11-16-2020)
(A) Submission of application. The application package is to be submitted to the Village Zoning Administrator.
(1) Contents. The application package consists of a special use permit application form completed in full by the applicant, accompanied by a fee as established by the Village Council.
(2) Application deadline. The complete application package must be submitted to the Zoning Administrator at least 30 days before the Planning Commission meeting at which it will be considered.
(B) Consideration of rezoning and special use permit. In the event that allowance of a desired use requires both a rezoning (change in zoning district designation for the parcel) and a special use permit, both requests may be submitted jointly and considered at a single meeting of the Planning Commission, subject to the following requirements.
(1) Separate. The rezoning shall be considered separately and prior to the special use permit.
(2) Procedures. The chapter procedures for each decision shall be followed as specified. Any special use permit approval must be conditioned upon adoption of the rezoning by the Village Council, after submission to the County Planning Commission.
(3) Standards. All standards required by this chapter shall be observed for each action.
(4) Public hearings. The public shall be given the opportunity for input on both the rezoning and special use decisions. Thus, two separate public hearings shall be held at the same meeting.
(C) Planning Commission review and hearing. The special use permit application package shall be the subject of both a site plan review and a public hearing conducted by the Planning Commission. If the applicant wishes to have the site plan review and special use permit considered at a single Planning Commission meeting, the following process occurs:
(1) Public hearing on special use. The Planning Commission shall hold a public hearing on the application as part of the meeting in which the special use permit is considered.
(a) Notice. A notice of public hearing shall be mailed to all parties specified in the Administration chapter and published in a newspaper of general circulation in the village not less than 15 days before the date of such hearing.
(b) Delay at applicant’s request. If a site plan for a special use has been denied, the applicant may ask that the special use permit, including the public hearing, be postponed. However, postponing the hearing prior to the hearing taking place, requires an additional notification of neighboring property owners and newspaper publication of another notice. Therefore, the applicant will be required to pay an additional application fee to offset the Commission's added cost.
(2) Site plan review. The Planning Commission shall conduct a site plan review for the proposed use, using the procedure and standards presented in the site plan chapter and any specific standards identified for the special use by this chapter. The Planning Commission may approve the site plan as presented, approve it with conditions, deny it, or table approval of it to a specific meeting date.
(a) Public input. The site plan review may be completed before public input is heard on the question of granting the special use permit. This is because the site plan review process is intended to be an objective review of factual information to determine whether precise standards have been met. However, the Planning Commission may choose to accept public comments or questions relating only to design considerations of the site plan.
(b) If the site plan is denied. In the event the site plan is denied, consideration of the special use permit shall still occur, including the public hearing. The special use permit may still be approved with the condition that site plan approval must be obtained before the special use permit is valid.
(3) Consideration of special use permit. Following the close of the public hearing, consideration of the special use permit shall take place.
(a) Open meeting. Note the Open Meetings Act requires this vote to take place in an open public meeting.
(b) Prompt decision. In the interest of fairness and a timely response for all concerned parties, the Planning Commission shall render their decision on the special use permit during the same meeting in which the public hearing is held, unless further information must be obtained before a decision can be made. In such cases, action upon the special use permit may be tabled to a public meeting of the Planning Commission to be held on a specific date which is identified in the motion to table.
(D) Reapplication. An application for a special use permit that has been denied, may not be resubmitted until one year after the date of denial has passed.
(E) Terms of permit. A special use permit consists of a permit that specifies the special use which is to be allowed and any conditions which were attached by the Planning Commission. If a use established under a special use permit is discontinued for a period of one year, the special use permit shall expire. To reestablish the use after such expiration will require granting a new special use permit, starting with a new application.
(F) Revocation. The privilege of a special use permit is subject to all the conditions that have been attached to it during the process described above. Except as noted in division (E) above, the permit remains valid as long as all of those conditions are met and is transferable from owner to owner or "runs with the land." However, the Planning Commission shall revoke any special use permit after it has been proven the permit conditions have been violated.
(1) First notice. The Zoning Administrator shall send written notice of a violation to the holder of the permit by certified mail. The notice shall state that correction must be made within 30 days or the Planning Commission will revoke the special use permit and order the use to cease.
(2) Considered nonconforming. From the time the Zoning Administrator's notice of violation is issued, until compliance with all special use permit conditions is restored, the use in question shall be treated as an unacceptable nonconforming use.
(3) Planning Commission action. The Zoning Administrator shall notify the Planning Commission of the violation of conditions of the special use permit at the next regular Planning Commission meeting, and revocation of the special use permit shall be considered then. The Planning Commission's meeting will usually take place before the 30 day period for the first notice has expired. In that case, the resolution to revoke the special use permit should be worded so it takes effect only if compliance with all requirements is not restored. It shall also include authorization for the Zoning Administrator to order the permit holder to cease the permitted use if the violations are not corrected by the end of the first notice period.
(4) Second notice and order. After expiration of the 30 day period, the Zoning Administrator shall notify the permit holder by certified mail the special use permit has been revoked, and the use for which the permit was granted must cease within 60 days from the date of this second notice.
(5) Enforcement of order. Failure to comply with the order to cease an activity for which a special use permit has been revoked is a violation of this chapter, subject to a civil infraction.
(G) Standards to consider when reviewing a special use permit.
(1) Standards attached to site plan review. Before approving or denying a special use permit application, the Planning Commission reviews the site plan for said use, to establish all applicable standards are satisfied. The site plan review shall determine compliance with the applicable district regulations, the site plan review standards and any applicable standards from this chapter.
(2) Additional conditions. The Planning Commission may stipulate any additional conditions or safeguards deemed necessary to achieve the objectives of this chapter. These conditions may include but are not limited to changing the parking, lighting or building configuration to promote compatibility on the site. These may be defined during the site plan review process or during consideration of whether to grant the special use permit. All conditions attached to the approval of the site plan are also conditions of the special use permit. These conditions, and the reasoning behind them, must be documented in the Planning Commission's minutes, written on the site plan itself, communicated to the applicant in writing, and based directly on the intent of this chapter. The permit will not take effect until the conditions of approval are accepted by the applicant, signified by the signatures on the site plan itself, of both the applicant and the Planning Commission chairman.
(3) Enforcement of conditions. The breach of any condition shall be cause for the Planning Commission to revoke a special use permit.
(Ord. passed 11-16-2020)
Loading...