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A. Publication of Notice. Except as otherwise provided in this Section 17.56.040.A, notice shall be given of the time and place of the hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice at least once in one or more newspapers published in the Village, or, if no newspaper is published in the Village, then in one or more newspapers with a general circulation within the Village. The notice shall contain the following information:
1. The number designation of the petition;
2. The scheduled date of the hearing;
3. The scheduled location of the hearing;
4. The scheduled time of the hearing;
5. The purpose of the hearing;
6. The name and address of the legal and beneficial owner of the property for which the special use is requested.
Publication of notice in accordance with this Section 17.56.040.A is not required for any public hearing regarding an application for a special use permit for a property located within the C-2 Retail Overlay District; provided, however, that publication of notice in accordance with this Section 17.56.040.A is required for all public hearings regarding an application for a special use permit for a planned development, whether or not the proposed planned development is located within the C-2 Retail Overlay District.
B. Posting of Notice on Subject Property. A sign or signs conforming to the size, set back, and number restrictions established by the Village Sign Ordinance for real estate signs, and posted at the same time and containing the same information as required by paragraph 1 of this subsection for the published notice of public hearing shall be posted by the Village on the property for which the special use permit is being requested. Such sign shall be removed within one day following the date of the initial public hearing on the special use application, provided that the sign may remain on the property if further hearings are required.
C. Mailed Notice. Concurrently with the filing of an application, the applicant shall furnish the Village with a list of the names and addresses of all persons to whom the latest general real estate tax bills were sent for all property situated within: (1) two hundred fifty (250) feet of the property which is the subject of the proposed special use, if the subject property is located within a zoning district other than the C-2 Retail Overlay District; or (2) five hundred (500) feet of the property which is the subject of the proposed special use, if the subject property is located within the C-2 Retail Overlay District. Written notice of the time and place of such public hearing shall be sent by the Village by first class mail, postage pre-paid, to each person whose name appears on such list, at the address shown, not less than ten (10) days prior to the date of such public hearing. The failure of any person to receive the written notice issued pursuant to this paragraph shall not affect the jurisdiction of any body authorized to conduct a hearing or otherwise consider the application for special use. Nor shall the failure of such person to receive such written notice invalidate, impair or otherwise affect the subsequent grant or denial of any special use permit following such public hearing.
D. Website Notice. The Village must, not more than thirty (30) nor less than fifteen (15) days before any public hearing on an application for a special use permit for a property located within the C-2 Retail Overlay District, post on the Village website notice of the time and place of the public hearing; provided, however, that this Section 17.56.040.D does not apply to applications for a special use permit for a planned development, whether or not the proposed planned development is located within the C-2 Retail Overlay District. The notice posted on the Village website must contain the same information that must be included in published notices pursuant to Section 17.56.040.A of this Zoning Ordinance.
(MC-9-2010, Added, 01/4/2011; MC-3-2015, Amended, 04/9/2015)
A. Filing of Protest. Any owner of property located within two hundred fifty (250) feet of the subject property may file a written protest objecting to the special use application. The written protest shall be directed to the Village Council and shall be submitted on forms provided by the Village and shall be signed and acknowledged, in accordance with the definitions provided in Sections 17.04.030(A)(3.5) and 17.04.030(S)(4.5) of this title. The written protest shall be submitted no later than 5:00 p.m. on the date of the first meeting of the Village Council at which the special use application is on the agenda for consideration; provided, that the filing of a written protest after the close of the Board of Appeals hearing on the special use application shall not create a right either to reopen the evidentiary record or to remand the application to the Board for further evidentiary proceedings.
B. Effect of Written Protest. In the event twenty (20) percent of the owners of property located within two hundred fifty (250) feet of the subject property have submitted a written protest as provided in Section 17.56.050(A), the granting of a special use permit by the Village Council shall require the favorable vote of four (4) Trustees.
(MC-9-2010, Added, 01/4/2011)
B. Evidentiary Hearing. The Board of Appeals shall receive evidence and sworn testimony on behalf of the applicant and any other interested persons, in the manner provided by rules of the Board. For purposes of this subsection, interested persons shall include any person who is entitled to receive mail notice pursuant to subsection C of Section 17.56.040 and any person entitled to submit a written protest pursuant to Section 17.56.050. The Board of Appeals shall have the authority to require that the applicant submit such additional plans and data as the Board of Appeals may determine are necessary to establish that the application meets and complies with all applicable provisions of the Zoning Ordinance.
C. Findings and Recommendation. Within thirty (30) days following the close of the public hearing, the Board of Appeals shall forward a written copy of its findings of fact, minutes, and recommendation to the Village Council. The recommendation shall be consistent with the purpose and intent of this title and shall specify, in a conclusion or statement, any stipulations, restrictions or conditions, including but not limited to the operation of the special use, which the Board deems necessary to assure compliance with this title and the protection of the public health, safety, comfort, morals or welfare. The Board of Appeals shall not recommend that a special use be approved unless the Board finds that the proposed special use conforms to the standards set forth both in this chapter and, if any, in the district regulations.
D. Administrative Guidelines. The Board of Appeals, in the exercise of its authority to establish appropriate rules and procedures, may adopt administrative guidelines pertaining to the design and operation of one or more special use types. If adopted, such guidelines shall not be construed as requirements to be met in order to obtain a special use permit but rather shall serve as an aid to the Board of Appeals in determining whether the standards set forth in this chapter and, if any, in the district regulations have been met by a particular special use within the particular context in which it is proposed.
E. Applications for WTSF. Any recommendation of the Board that an application for a special use for a WTSF be denied or be subject to certain conditions, shall be supported by specific findings of fact, consistent with the guidelines, requirements and considerations established in Chapter 17.52, upon which the negative recommendation is based. No such recommendation shall be based on environmental concerns related to electronic emissions from a WTSF.
(MC-2-2019, Amended, 04/25/2019; MC-9-2010, Added, 01/4/2011; MC-3-2015, Amended, 04/9/2015)
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