A. Required: No use classified under "use by special permit" in this title shall be undertaken without first obtaining a special use permit from the village after compliance with this section.
B. Procedure:
1. The property owner shall meet with the zoning officer to explain the situation and obtain an application form.
2. The applicant shall file the completed application with the zoning officer which includes at least the following exhibits:
a. Boundary survey or plot plan showing in detail any modifications proposed to be made to the property; the location on the property where the special use will be conducted; the location of any signage.
b. A statement of the proposed activity detailing the nature of the proposed special use; the number of persons to be employed in such activity on the premises; the proposed hours of operation.
c. A nonrefundable application fee of two hundred dollars ($200.00) which includes the cost of publication of public hearing notice. In the event publication exceeds two hundred dollars ($200.00), applicant shall pay the difference prior to the hearing date.
d. Any other information the zoning officer deems necessary.
3. The zoning officer shall transmit the completed application together with all required exhibits to the planning commission.
4. The zoning officer shall cause a public hearing before the planning commission to be scheduled and notice to be published as provided in section 10-2-5 of this chapter.
C. Hearing:
1. The planning commission shall hold a public hearing and shall study the application and consider the testimony of any witnesses to determine if there are any possible adverse effects of the proposed special use and to determine if any additional requirements should be imposed to avoid such adverse effects and that the standards in subsection D of this section have been demonstrated.
2. The planning commission shall recommend one of three (3) actions: approval, denial, or approval with conditions.
3. The planning commission shall transmit its recommendation to the village board of trustees for its official action.
D. Standards For Granting Permits:
1. The granting of the special use permit will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for a purpose already permitted, and will not substantially diminish and impair property values within the neighborhood.
3. The special use permit will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
4. Adequate utilities, drainage, access, off street parking and other adequate facilities have been or will be provided to minimize congestion in the public streets.
5. The special use shall in all other respects comply with the applicable regulations of the district in which it is located.
6. The planning commission may recommend and the village board may require any such conditions and restrictions upon the establishment, location, construction, signage, maintenance and operation of the special use as deemed necessary for the protection of the public interest.
E. Limitation, Expiration Or Revocation Of Permits:
1. A special use permit shall be deemed to authorize only the specific use for which it was granted.
2. A special use permit shall be null and void without further action of the planning commission or village board if the use does not commence within one year of the issuance of the special use permit.
3. A special use permit shall expire without further action of the planning commission or village board if that use ceases for more than six (6) consecutive months.
4. A special use permit is not transferable, assignable and does not run with the land.
5. A special use permit may be revoked or have additional conditions imposed by the village board for violations of the terms of the special use permit or any other provision of this code after notice of violation to the special use permit holder and public hearing before the village board. (Ord. 363, 2-4-2014)