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)