(a) VIOLATION. No permit shall be issued for a special use for a property or site upon which there is an existing violation of this or any other chapter of the City of Wheeling code.
(b) EXPIRATION OF SPECIAL USE PERMIT.
(1) A special use permit shall be void if construction is not started within one year and completed within two years of the date of issuance of the special use permit. Such special permit approval may be extended once for a maximum period of one year from its otherwise specified termination date by the Planning Commission upon prior written request by the applicant. Such written request must include a statement of justification for the requested time extension. If a special permit expires or is revoked for a particular phase of a special use project, this shall not invalidate any previously granted special permit on the site, provided that construction under such previous permit was completed in accord with the above timeframes.
(2) If no construction is involved, a special use permit shall be void if the use has not commenced within six months of final special permit approval.
(3) Unless other provisions are specifically set forth by the Planning Commission, the special permit shall expire if said use shall substantially or totally cease for a period of six months during any twelve-month period, irrespective of whether an intent to cease such use may exist. Intent to resume the special use shall not confer the right to do so.
(4) In the case where subsequent site plan review and approval or the issuance of a building permit is required, vesting of the special use permit may occur through submission within the specified time period of a complete application for either required site plan approval or the issuance of a building permit to carry out all work governed by the special use permit.
(c) REVOCATION. In all cases, including those cited above, a special use permit may be revoked by the Planning Commission, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations, restrictions, standards, and requirements imposed by said permit. The Building Inspector shall make a recommendation to the Planning Commission when a special use permit should be revoked. In such cases, the special permit holder shall be granted a period of sixty calendar days from the day following the Building Inspector's recommendation to bring the special use into full compliance. At the close of the sixty-day period, the Planning Commission shall hold a public hearing. After the public hearing and upon specific determination by the Planning Commission that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been or are no longer being complied with, the Commission may revoke the permit.
(d) INSPECTION. In connection with the issuance of a special permit, the Planning Commission may establish a schedule of inspections by the Building Department of a special permit use to determine continued compliance.
(e) CHANGE.
(1) Any change in the use or reduction in lot size shall require amendment to the special permit, following the application and review requirements of this article. However, the Building Inspector may issue building permits as requested without amendment of the special permit where he/she finds that:
(2) There is no change in the use or that the use proposed falls within the definition of the existing special permit use, and that
(3) The change would require fewer than five parking spaces; however,
(4) Notwithstanding the above, the Building Inspector may require that application be made for amendment to the special permit where he/she finds that the proposed change will be a significant change in the essential characteristics of the existing layout, arrangement, or use of buildings or land.
(f) RENEWAL. The Planning Commission may require in its resolution of approval that a special use permit be renewed periodically. On written application by the permit holder, a special permit may be renewed by the Building Inspector upon notice to the Planning Commission, provided that no such renewal shall be made unless there has been substantial compliance with all applicable codes, ordinances, regulations, and conditions of the special permit and this chapter. The Building Inspector shall notify in writing the Planning Commission forty-five calendar days prior to the effective date of such renewal. If the Building Inspector recommends that the permit not be renewed, the Planning Commission shall hold a public hearing. Renewal may be withheld only after the public hearing and upon specific determination by the Planning Commission that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been or are no longer being complied with. In all cases, including those cited above, a special use permit may be revoked by the Planning Commission, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations, restrictions, standards, and requirements imposed by said permit. The Building Inspector shall make a recommendation to the Planning Commission when a special use permit should be revoked. See above for revocation procedures.