Brighton City Zoning Code
SPECIAL USES
AND AMENDMENTS
§ 155.130 BOARD OF APPEALS.
The Board of Appeals of this municipality is hereby designated by the corporate authorities as the board who will conduct all public hearings concerning special uses and zoning amendments.
(Prior Code, § 10-8-1) (Ord. passed 4-19-1999)
§ 155.131 SPECIAL USE PERMITS.
(A) General. This chapter divides this municipality into various districts, and permits in each district only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other factors. Such “special uses” require careful case-by-case review and recommendation of the Board of Appeals and then final approval by the Village Board. A vote of at least two-thirds of the members of the Village Board is required to pass or deny a special use permit when passage or denial is contrary to the recommendation of the Board of Appeals. There shall be a fee of $150, plus mailing and publication costs.
(B) Applicant. Every applicant for a special use permit shall apply on an application as provided by the Code Official. Then the Code Official shall forward his or her recommendation to the Board of Appeals for further consideration.
(C) Hearing. The Board of Appeals shall hold a public hearing on any application for a special use permit not later than 30 days after its filing. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.
(D) Notice.
(1) Notice of the public hearing shall be given not more than 30 nor less than 15 days before the hearing:
(a) By registered or certified mail to the applicant and to every owner of property adjacent to the premises for which the special use permit is requested; and
(b) By publication in a newspaper of general circulation within this municipality.
(2) This notice shall indicate the time, date, and place of the hearing, the particular location for which the special use permit is requested, and the nature of the proposed special use.
(E) Factors considered. In making its decision, the Board of Appeals shall consider the following factors:
(1) Whether the proposed design, location, and manner of operation of the proposed special use is protective of the public health, safety, and welfare;
(2) The effect the proposal would have on the value of neighboring property;
(3) The effect the proposal would have on this municipality’s overall tax base;
(4) The effect the proposal would have on public utilities and on traffic circulation on nearby streets; and
(5) Whether there are any facilities nearby that require special protection.
(F) Recommendation by Board of Appeals; standards. The Board may recommend in writing at its meeting and transmit to the Village Board a special use permit without further public hearing by simple majority vote, provided that such special use, as conditioned, is:
(1) Protective of the public health, safety, and welfare;
(2) In keeping with the general purposes of this chapter and the village land use and transportation plan; and
(3) Consistent with the characteristics of the general nature of the area in which the special use is to be located.
(Prior Code, § 10-8-2) (Ord. passed 4-19-1999)
§ 155.132 AMENDMENTS.
(A) General. In accordance with state law and the provisions of this section, the Village Board may amend the regulations imposed and the districts established in this chapter. Any proposed alteration of district boundaries, zoning classification, or proposed change in the status of any use (whether permitted, special, or prohibited) shall be treated as a proposed amendment, and dealt with accordingly. Amendments may be proposed by the Village Board, the Code Official, Board of Appeals, or any party of interest.
(B) Filing. Any proposal to amend this chapter shall be filed on a prescribed form with the Code Official, who shall forward it, together with his or her recommendation, to the Board of Appeals.
(C) Hearing. The Board of Appeals shall hold a public hearing on every amendment proposal not later than 30 days after its filing. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.
(D) Notice.
(1) Notice of the public hearing shall be given not more than 30 nor less than 15 days before the hearing:
(a) By registered or certified mail to the applicant and to every owner of property adjacent to the premises for which the amendment is requested; and
(b) By publication in a newspaper of general circulation within this municipality.
(2) This notice shall indicate the time, date, and place of the hearing, the particular location for which the amendment is requested, and the nature of the proposed amendment.
(E) Advisory report findings of fact. Not later than ten days after the public hearing, the Board of Appeals shall submit its advisory report and findings of fact in writing to the Village Board. The Board of Appeals shall not recommend the adoption of any amendment unless it finds that such amendment is in the public interest and not merely for the benefit of the party proposing it. Where the effect of a proposed amendment is to alter district boundaries or to change the status (permitted, special, or prohibited) of any use, the Board of Appeals shall make findings regarding all of the following matters:
(1) Existing uses of property in the vicinity of the property in question;
(2) The district classification of property in the vicinity of the property in question;
(3) The suitability of the property in question for uses already permitted under the existing district classification; and
(4) The trend of development in the vicinity of property in question, including changes (if any) which may have taken place since that property was placed in its present district classification.
(F) Decision by Village Board. The Village Board shall act on every proposed amendment at its next regularly scheduled meeting following submission of the Board of Appeals advisory report. Except as provided in division (G) below, the Village Board, without further public hearing, may, by simple majority vote, pass any proposed amendment or may refer it back to the Board of Appeals for further consideration.
(G) When two-thirds majority vote is required. The favorable vote of at least two-thirds of the members of the Village Board is required to pass an amendment to this chapter in each of the following instances:
(1) When passage would be contrary to the recommendation of the Board of Appeals; and
(2) When the amendment is opposed, in writing, by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered.
(H) Notice to applicant of written protest. In cases of written opposition to an amendment of this chapter as prescribed in division (G)(2) above, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant’s attorney, if any, by registered mail at the address of such applicant and attorney shown in the application for the proposed amendment.
(Prior Code, § 10-8-3) (Ord. passed 4-19-1999)