(A) Initiation of the special use permit process. The special use permit process may be initiated by submitting a completed application and supporting documentation from one or more of the owners of record or owners under contract of a lot of record (or zoning lot), or their authorized representative, or by the Plan Commission or Village Board.
(B) Application and plan requirements. An application form for a special use permit shall be filed with the Enforcement Officer. The application form is available at the Inspection Department. In addition to submitting the completed application, the applicant shall be required to submit the following information:
(1) Legal owners of the property proposed for the special use permit;
(2) Legal description of the property proposed for the special use permit, when the proposed use involves a substantial addition or new construction;
(3) Common street address of the property proposed for the special use permit;
(4) Site plan in conformance with the requirements of § 154.111, unless waived by the Enforcement Officer;
(5) Description of the proposed special use, shown on the site plan and in narrative form, if such narrative would help in understanding the nature of the use; and
(6) Estimated impact of the special use on the surrounding properties and adjacent streets, including, but not limited to, average daily and peak hour traffic generation, existing traffic volumes of adjacent streets, if available, use of outdoor intercoms, and any other operational characteristics of the proposed use that may have impacts on other adjacent or nearby properties.
(C) Review procedure.
(1) Submission by applicant. The applicant shall submit one copy of the completed application and ten copies of the other information required by division (B) above to the Enforcement Officer, at least 20 days prior to the Plan Commission meeting date upon which the applicant desires to have the application considered by the Commission.
(2) Staff review.
(a) Completeness of submittal. Upon receipt of the special use permit application and associated information, the Enforcement Officer shall review the documents to determine acceptability for submission. If the Enforcement Officer determines the submittal is complete, then the submittal shall be date stamped.
(b) Distribution. After formal acceptance of the application, the Enforcement Officer shall obtain comments from the Street Superintendent, Utility Superintendent, Fire Chief, Police Chief, and other village staff as appropriate.
(c) Staff review. Staff shall review the proposed special use with respect to meeting the requirements of this chapter, other applicable village regulations, and with respect to good site planning, and measures taken to avoid or mitigate impacts of the proposed use on the surrounding area. The results of this review shall be reported to the Plan Commission.
(3) Plan Commission.
(a) Public hearing. The Plan Commission shall hold a public hearing and review the application and staff report at the next regularly scheduled Commission meeting which complies with the public notice requirements contained in § 154.012.
(b) Plan Commission recommendation.
1. The Plan Commission shall consider the extent to which the evidence provided demonstrates compliance with the standards contained in § 154.127(A). In the event that the Commission concludes that insufficient information has been provided to make a determination of compliance with the standards, it may postpone its recommendation until such time sufficient information has been provided to render a recommendation to the Board, or it may recommend denial of the special use permit application. The Plan Commission shall recommend to the Village Board that the special use permit be approved, denied, or approved with conditions. Such conditions may include, but are not limited to, one or more of the following:
a. Size, height, and location of proposed buildings and structures;
b. Landscaping and screening;
c. Parking and loading requirements;
d. Signage;
e. Traffic flow and access requirements;
f. Exterior lighting;
g. Hours of operation;
h. Drainage and stormwater control facilities;
i. Architectural and engineering features; or
j. Periodic review of the permit may be imposed.
2. These conditions may be in addition to any regulations contained in the applicable zoning district or other applicable regulations of the village, to the extent that they serve to avoid or sufficiently mitigate any potential adverse impact of special uses.
(4) Village Board action.
(a) After receipt of the Plan Commission’s recommendation, the Village Board shall consider the proposed special use permit. The Board may deny, approve, or approve with conditions, including the adoption of the Plan Commission’s recommendations on conditions of use or a modified version thereof. The Village Board may refer the application back to the Plan Commission for further study before making its final decision.
(b) When the Plan Commission recommends denial of a special use permit application, such special use permit shall not be approved by the Village Board except by the favorable vote of two-thirds of the Trustees then holding office.
(Ord. 834, passed 2-1-2001)