Temporary uses that would operate for more than 30 days but
less than 90 days or which have the potential of being detrimental
to and/or incompatible with adjoining properties or the community
at large are reviewed by the Plan Commission as set forth in this
division.
The general steps outlined below shall be used in the review
of an application for a temporary use for more than 30 days but less
than 90 days.
A. Submittal of application materials. The applicant submits a completed
application and other required materials to the Zoning Administrator
along with the application fee as may be established by the Village
Board.
B. Determination of completeness. The Zoning Administrator reviews the
submittal to make sure it is complete and ready for further review.
A determination of completeness shall be made within 30 days of the
submittal. If it is not complete, the Zoning Administrator will notify
the applicant in writing of such deficiencies and that the applicant
has three months from the date of the notice to resubmit the application
or forfeit the application fee. If the application is deemed incomplete
or if additional information is requested, the Zoning Administrator
will take no further steps to process the application until the deficiencies
are remedied or the information is provided. The incomplete application
is retained as a public record. A determination that an application
is complete means the application is ready for formal review and does
not suggest the applicant has provided sufficient information in all
regards or preclude the reviewing authority from requesting additional
information it deems appropriate.
C. Review date. When the Zoning Administrator determines the application
is complete, he or she schedules the review with the Plan Commission
consistent with its adopted calendar.
D. Staff report preparation and distribution. The Zoning Administrator
may prepare a written staff report as described in this division and
provides a copy of it to each member of the Plan Commission and the
applicant prior to the meeting at which the matter will be considered.
The Zoning Administrator will also provide a copy to interested people
upon request.
E. General notice. Consistent with Division 2 of Article 4, the Zoning
Administrator places the matter on the meeting agenda of the Plan
Commission.
F. Meeting. Allowing for proper notice, the Plan Commission considers
the application at a regular or special meeting.
G. Decision. After considering all of the information submitted by the
applicant and the staff report, if any, the Plan Commission makes
a decision based on the decision criteria contained in this division
to i) approve the permit, ii) approve the permit with conditions,
or iii) deny the application.
H. Preparation of final decision document. Based on the action of the
Plan Commission, the Zoning Administrator prepares a final decision
document consistent with this division subject to the direction given
by the Plan Commission.
I. Applicant notification. Within a reasonable time following the Plan
Commission's decision, but not more than 10 workdays, the Zoning
Administrator sends the decision document to the applicant by regular
mail and/or email.
J. Public record copy. A copy of the decision document is retained as
a public record.
To approve a temporary use permit for more than 30 days but
less than 90 days the Plan Commission must determine that the proposed
temporary use complies with all applicable sections of this code and
does not have the potential to create an unacceptable negative effect
on adjoining properties or the community at large.
The application submittal shall include an application form
as may be used by the Village and a site plan prepared at a scale
of one inch equals 20 feet or other appropriate scale depicting the
information listed in Appendix F.
A temporary use permit shall automatically expire 90 days after
the first day of the temporary use or an earlier date as may be specified
in the approval.
An aggrieved person may appeal a final decision made pursuant
to this division by filing an appeal with a court of competent jurisdiction
within 30 calendar days of the final decision.