(A) Generally. A special use permit shall be required to establish or erect a use or structure which is listed in the applicable zoning district in Schedule A as a special use. Applicants for a special use permit for any use classified as an adult use shall provide additional information to demonstrate compliance with § 151.183.
(B) Application.
(1) An application (see division (A) above) shall be submitted for a special use permit to the village staff, and the application along with a staff advisory report, will be forwarded to the Planning Commission for consideration as herein provided. The application shall be accompanied by a non-refundable fee (See Chapter 34.)
(2) Items of information (in narrative and/or graphic form):
(a) Name and address of the applicant;
(b) Name and address of the owner or operator of the proposed structure or use, if different from division (B)(2)(a) above;
(c) Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;
(d) Location of the proposed use or structure, and its relationship to existing adjacent uses or structure;
(e) Area and dimensions of the site for the proposed structure or uses;
(f) Existing topography of the site, with two-foot contours, and proposed finished grade;
(g) Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;
(h) Height and setbacks of the proposed structure;
(i) Number and size of proposed dwelling units, if any;
(j) Location and number of proposed parking/loading spaces and accessways;
(k) Identification and location of all existing or proposed utilities, whether public or private;
(l) Owner's design professionals certification that all Code requirements are being met and an analysis of the effect on public utilities and traffic circulation;
(m) For original submittal, two copies (24" by 36" size) of the plan will be submitted with the application. After review and modifications applicant to submit two copies (24" by 36" size) plans and ten copies (11" by 17" size) plans; and
(n) Any other pertinent information that the Administrator may require.
(C) Public hearing. The Planning Commission shall hold a public hearing on every special use permit application within a reasonable time after the application is submitted. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing and the nature of the proposed special use shall be given not more than 30, nor less than 15, days before the hearing.
(1) The applicant will give notice by certified mail or notarized signatures on a sheet to all parties whose property would be directly affected by the proposal and must include all adjoining property owners. The applicant shall submit to the village staff prior to the public hearing proof (certified return receipt) that all parties have been notified. If proof is not given at least one business day prior to the public hearing, the application shall be removed from the agenda and the public hearing must be rescheduled.
(2) The village will publish notice in a newspaper of general circulation within its municipality at the applicant's expense.
(D) Recommendation, factors considered.
(1) (a) After the public hearing, the Planning Commission shall submit a recommendation to the Village Board of Trustees. In deciding what recommendation should be given, the Planning Commission shall consider the following:
1. Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare, and the physical environment;
2. The effect of the proposed special use on neighboring property value and the overall tax base;
3. The effect of the proposed special use on public utilities and traffic circulation on nearby streets; and
4. Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.
(b) The recommendation, when the applicant is proposing an adult use, must show compliance with the requirements and development standards hereof.
(2) The Plan Commission may recommend conditions on which the special use be approved.
(E) Action by Village Board of Trustees.
(1) The Village Board of Trustees shall act on every request for a special use permit at its next regularly scheduled Board meeting (not a committee at large meeting) following submission of the Planning Commission's recommendation. The Village Board may place additional conditions on which the special use is approved or modify the conditions recommended by the Planning Commission. Without further public hearing, the Village Board of Trustees may grant a special use permit by a vote passed by simple majority vote of all members then holding office.
(2) If a request for a special use is denied by the Village Board, a special use resubmittal, on the parcel, by the same owner/applicant, will not be accepted by the village for one year following the Village Board meeting at which the denial was made.
(3) Any special use so granted, shall be based on submittals made to the village prior to the vote of the Village Board. Any modifications or alterations proposed after the vote shall not be considered or accepted. Should the applicant wish to modify from the original submittal, the special use process shall begin again and public hearings, recommendations and votes be taken on the new special use request.
(Am. Ord. 2020-03-02A, passed 3-2-2020)