(A) Before a building or premises is devoted to any use classified under “uses by special permit” in this chapter, a special permit must be granted by the Village Board following recommendation by the Planning Commission and a public hearing before the Zoning Board.
(B) The following exhibits shall be required unless waived by the Planning Commission:
(1) The boundary survey and plot plan as required for building permit application; and
(2) Petition of property owners within 250 feet of property in question snowing 50% of such owners favoring the proposal.
(C) The procedure for obtaining a special use permit is as follows.
(2) A filing fee of $300 (non-refundable) shall be paid by the applicant to the Zoning Officer upon making an application.
(3) The Zoning Officer shall refer the application to the Planning Commission.
(4) The Planning Commission shall, after careful review of the application, make a recommendation on each application to the Zoning Board.
(5) The Zoning Officer shall give notice of a public hearing according to state statutes.
(6) The Zoning Board and the Planning Commission (comprising of the same membership), after holding a public hearing in accordance with state statutes, shall make one recommendation to the Village Board.
(7) The Village Board may approve, deny or give conditional approval to the application. In cases of approval or conditional approval, the Village Board shall issue written authorization to the Zoning Officer to issue a zoning permit in full conformance with §§ 153.115 through 153.122. This authorization shall remain on permanent file with the application
(8) The Village Board may attach special conditions to ensure conformance with the intent of all comprehensive plan elements and to preserve the integrity of the zoning district in question.
(D) Standards for granting special use permits: a special use permit may be granted by the Village Board after demonstration by evidence that:
(1) The establishment, maintenance or operation of the special use 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 the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(3) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(4) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided;
(5) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets or roads; and
(6) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(E) Revocation of special use permits: where a special use permit has been issued pursuant to the provisions of this chapter, such permit shall become null and void without further action by the Planning Commission or the Village Board unless work thereon commences within one year of the date of granting such special use. A special use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 12 consecutive months.
(Ord. passed - -; Ord. 2014-11-18, passed 11-18-2014)