A. Village Council Deliberations. Within thirty (30) days after receiving the findings of fact, minutes, and recommendation of the Board of Appeals and the Plan Commission, in accordance with their respective jurisdictions pursuant to Sections 17.56.060 and 17.56.065 of this Zoning Ordinance, the application for special use permit shall be placed on the Village Council's agenda for consideration.
B. Village Council Decision; Vote Required. By a majority vote of the Village Council, the Village Council, in the exercise of its discretion, may grant, deny or modify the special use application, or may return the matter to the Board of Appeals or the Plan Commission, in accordance with their respective jurisdictions pursuant to Sections 17.56.060 and 17.56.065 of this Zoning Ordinance, for further consideration and findings. Notwithstanding the foregoing, if the requisite number of protests have been submitted in accordance with Section 17.56.050, the favorable vote of four (4) Trustees shall be required for the Village Council to grant a special use permit.
C. Stipulation, Conditions or Restrictions on Special Use. The Village Council, in all cases, may apply such stipulations, conditions or restrictions as it deems necessary to assure the protection of the public health, safety, comfort, morals or general welfare, and compliance with the standards as set forth in this chapter and, if any, in the district regulations. The Village Council may also require such evidence and guarantees as it may deem necessary to assure compliance with such stipulations, conditions or restrictions. In addition, the Village Council may provide that all such stipulations, conditions and restrictions may be modified or revised from time to time by the Village Council following public notice and hearing, the procedure being that as specified in this chapter for general special use application. Violation of any such stipulation, condition and restriction, when made a part of the terms under which the special use is granted, shall be deemed a violation of the provisions and regulations of this title.
(MC-9-2010, Added, 01/4/2011; MC-3-2015, Amended, 04/9/2015)