(a) Application; Submission to Village Clerk. An application for the approval of a special land use may be made by an owner of an interest in the land on which the use is to be located, to the Village Clerk accompanied by the necessary fees and documents as provided herein.
(b) Application Forms and Documentation. The application shall be accompanied by the same documentation required for site design approval as set forth in Section 1272.03.
(c) Zone Change. The application for approval of a special land use may be accompanied by an application for a zone change, where such a zone change is necessary to the consideration of the special approval application, provided all applicable provisions of a zone change application have been complied with.
(d) Referral of Application to Planning Commission. The application for approval of a special land use and the zone application, if any, shall be referred to the Planning Commission at its next regularly scheduled meeting which takes place seven calendar days or more after the initial submission of the application to the Village Clerk. The Commission shall review and communicate its recommendation on the zone change application in accordance with procedures prescribed by applicable statute.
(e) Public Hearing. The Commission shall hear any person wishing to express an opinion on the application and review the application at its next regular meeting, following the Commission's formal receipt of the application from the Clerk, provided such date provides adequate time to notify property owners and post a notice of public hearing, as required below:
(1) The Village Clerk shall publish a notice of such public hearing for a special land use in a newspaper of general circulation in the Village and shall send a notice of such public hearing by mail or personal delivery to the owners of property for which approval is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet.
(2) The notice shall be given not less than fifteen days before the application will be considered at the public hearing.
(3) If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.
(4) The notice shall do all of the following:
A. Describe the nature of the special land use request.
B. Indicate the property which is the subject of the special land use request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.
C. State when and where the public hearing on the special land use request will be considered.
D. Indicate when and where written comments will be received concerning the request.
(f) Planning Commission Review and Determination. The Planning Commission shall review the application for special land use approval, together with any professional reports thereon and the comments of all interested parties, and shall make the final determination on the application. Such determination shall be based solely on the requirements and standards of this Zoning Code. The decision on a special use shall be incorporated in a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed. Approval, approval with conditions, or disapproval, shall be made by resolution setting forth the Planning Commission's findings regarding the pertinent requirements and standards.
(g) Building Permit. If the special land use is approved by the Planning Commission, the applicant may then submit the written approval to the Building Inspector who will then sign and issue the building permit if all other building permit requirements have been met, and all required signatures have been obtained. If special land use approval is denied on grounds pertaining to the site design of the proposed use, the Planning Commission may, by resolution, provide that a revised site design be resubmitted for review and approval in accordance with the process outlined above. If, in the judgment of the Planning Commission, the special land use can be approved if minor modifications are made to the site design, the Planning Commission may, by resolution, issue a conditional approval in writing and provide for resubmission of a revised site design to the Enforcement Officer who shall sign and issue the building permit upon determination that all appropriate site design modifications have been made in accordance with Planning Commission stipulations, and that all other building permit requirements have been met.
(Ord. 106. Passed 12-9-81; Ord. 106-A46. Passed 11-14-07.)