An application for a special use permit shall be made in accordance
with the following procedures:
A. Prior to the preparation of a formal application, the applicant or
his agent shall meet with the Zoning Administrator to discuss the
situation, learn the procedures, obtain an application form, and present
any preliminary information.
B. The applicant or his agent shall complete the application and shall
prepare a site plan and other supporting materials that contain the
information as requested in this chapter as well as the following:
(1) Description of business operations, including hours, products, market
area, traffic volumes, and timetable for development (if applicable);
(2) A written joinder agreement signed by the title holder of the property
and notarized, concurring with the special use request (if the applicant
is not the owner of the property).
C. The applicant or his agent shall file the completed application form,
and the required site plan and exhibits, with the Zoning Administrator
at least 20 days prior to the required public hearing, and shall pay
a filing fee according to the fee schedule in this chapter. The Zoning
Administrator shall schedule the application for a public hearing
before the Village Board.
D. The applicant shall have notice of the public hearing published in
a local newspaper of general circulation at least 15 days but not
more than 30 days prior to the public hearing.
E. If all required site plans and exhibits are provided, the Village
Board shall hold the public hearing and shall study the application
to determine possible adverse effects of the proposed special use
and to determine what additional requirements may be necessary to
reduce such adverse effects. If all required plans and exhibits are
not available for the Village Board's consideration, action on
the application may be delayed until the information is made available.
F. In reviewing the special use permit application and the other evidence
presented, the Village Board shall consider the following criteria.
Any request for a special use permit shall be reviewed for consistency
with the following criteria:
(1) The use is in substantial harmony with the purpose and intent of
the zoning district in which it is to be located.
(2) The use conforms to all applicable regulations of the zoning district
in which it is to be located.
(3) The use is necessary for the public convenience at the location.
(4) The use is consistent with applicable provisions of the Village Comprehensive
Plan.
(5) The use is compatible with the existing or allowable uses of adjacent
properties.
(6) The use will preserve the essential character of the neighborhood
in which it is located.
(7) The use will not adversely affect the public health, safety or welfare.
(8) The use will not adversely influence living conditions in the immediate
vicinity.
(9) The use will not adversely affect adjacent properties.
(10)
The use will not create undue traffic congestion.
(11)
The request conforms to all applicable provisions of this chapter.
G. The Village Board shall prepare and adopt findings and make decisions
in accordance with the provisions of this chapter.
An applicant desiring to amend the plans that were approved
as part of the special use permit approval process shall contact the
Zoning Administrator.
A. Minor amendments. If the Zoning Administrator deems the amendments
minor and not significant, the Zoning Administrator shall review the
revised plans and decide as to whether the changes will be allowed.
B. Major amendments. If the Zoning Administrator deems the amendments
significant, an application for a new special use permit will need
to be submitted and approval of that special use permit application
granted.
Once a special use permit is approved by the Village Board for
a specific location, the permit and each condition thereof shall be
deemed continuing until the permit is revoked or otherwise terminated.
A. Expiration. In any case where a special use permit has been approved,
the special use permit shall terminate, and the use of the property
authorized by the special use permit shall be ended immediately if:
(1) Once a special use is established, a change in use occurs from the
established special use to another use;
(2) An established special use is abandoned or discontinued for a period
of 12 consecutive months;
(3) Special use is not established within 18 months of the date of final
approval by the Village Board.
B. Within that period, if an applicant can show the Zoning Administrator
that progress is being made towards establishing an approved special
use, then the Zoning Administrator has the discretion to grant in
writing one time extension for a reasonable period under the circumstances.
C. Revocation. Violation of the conditions of a special use permit shall
be deemed a violation of this chapter and shall be grounds for revocation
of a special use permit.
D. In the event of a violation of the special use permit or any condition
thereof, the Zoning Administrator will notify the property owner of
the violation in writing. If the violation specified in such notice
is not corrected within 30 days after the notice is issued, then the
Zoning Administrator shall cause a citation for such violation to
be issued and served on the property owner at the location for which
the permit was granted and the penalty provisions of this chapter
shall apply; provided, however, that, if in the judgment of the Zoning
Administrator, the violation cannot be corrected or the property owner
has refused to correct the violation and the Zoning Administrator
is satisfied that such violation will not be corrected under the circumstances,
then the Zoning Administrator may elect to commence revocation proceedings.
E. The Zoning Administrator commences revocation proceedings by filing
a complaint with the Village Board, alleging the facts and circumstances
of the violation of the special use permit or any condition and requesting
that the permit be revoked. Within 10 days after filing such complaint,
the Zoning Administrator shall cause a copy thereof to be served on
the property owner, who shall have a period of 20 days after such
service to file with the Village Board a response to the allegations
of the complaint. Any allegation which is not denied is deemed admitted.
The Village Board shall set the matter for public hearing at its next
regular meeting after the response is filed or the time for filing
the response has elapsed without a response being filed. At the hearing,
the Village Board shall determine whether the complaint has been proven
by a preponderance of the evidence, and, if so, the Village Board
shall recommend the revocation of the special use permit. The property
owner shall have the right to cross-examine witnesses and present
evidence at the hearing.
F. If the Village Board recommends the revocation of the special use
permit, the Village Board shall approve or reject such recommendation
at a regular meeting occurring within 30 days.
G. In the event the Village Board approves the revocation of the special
use permit, the permit shall be revoked and the use of the premises
that had been permitted under the special use permit shall cease.