This chapter, together with previous references in other chapters of this Zoning Code, designates specific uses that require a special use permit and, in addition, specifies the procedures and standards which must be met before such a permit can be issued.

(Ord. 2001-7. Passed 11-12-01.)

   An application for a special use permit for any land or structure use permitted under this chapter shall be submitted and processed, along with an application for site plan review, under the following procedures:

   (a)   Submission of Application. An application for a special use permit shall also require site plan approval according to Section 1296.03. Any application shall be submitted through the Zoning Administrator on a special form for that purpose. Each application shall be accompanied by the payment of a fee as established by Council to cover costs of processing the application.

   (b)   Data Required. Every application shall be accompanied by the following information and data:

      (1)   The application form for a special use permit supplied by the Zoning Administrator, filled out in full by the applicant, including a statement of supporting evidence concerning the required findings specified in Section 1290.03;

      (2)   A complete application for Site Plan Review, including site plan, as required in Sections 1296.05; and

      (3)   Preliminary plans and specifications of the proposed development and for all construction.

   (d)   Council Action. Upon receipt of the Commission's recommendation, Council shall consider the special use permit application at its next regular meeting. Council shall approve or disapprove the recommendations of the Commission. Only upon the approval of Council may a special use permit be issued by the Zoning Administrator.

   (e)   Issuance of Special Use Permits. A special use permit shall be issued in writing, specifying all conditions of approval, the specific requirements and a copy of the site plan stamped “Approved” and signed by the Zoning Administrator.

   (f)   Duration of a Special Use Permit. A special use permit shall be valid as long as the permitted use continues in accordance with the conditions, requirements and site plan included in said permit, unless otherwise stated in the SUP. Provided, however, that an applicant must have all exterior work completed within one year from the date of issuance of said permit. Approval of a SUP shall be valid regardless of change of ownership, provided that all terms and conditions of the permit are met by the subsequent owner.

   (g)   Revocation by Council. Council shall have the authority to revoke any special use permit after it has been proved that the holder of the permit has failed to comply with any of the applicable requirements in this chapter. After a revocation notice has been given, the use for which the permit was granted must cease within 60 days.

   (h)   Reapplication. No application for a special use permit which has been denied wholly or in part by Council shall be resubmitted until the expiration of one year or more from the date of such denial, except on the grounds of newly discovered evidence or proof of changed conditions.

   (i)   Transfer of Special Use Permit. In order to insure continued compliance with the terms of this chapter and a special use permit issued under it, each SUP shall specify reasonable terms for transfer of a valid SUP from the present landowner or operator to a subsequent owner or operator. The responsibility for said transfer in accordance with the terms of the SUP shall be that of the permit holder of record with the Village. Failure of a SUP holder to properly transfer a SUP shall not release the permit holder of record from ordinance penalties for any subsequent action undertaken on the land in violation of the terms of the SUP. Transfer of a SUP shall be made on a form supplied by the Village for that purpose. Proper completion of the form shall require documentation of assumption by the new owner of an interest in the land/operation in question and a written agreement that the new owner/operator will assume obligations and responsibilities specified in the SUP, including deposit of a bond or other performance guarantee when so required by the SUP. When such transfer has been properly completed and any bond or other performance guarantee deposited properly with the Village by the new permit holder, any bond or performance guarantee on deposit with the Village by the previous permit holder shall be returned in accordance with the terms of this chapter.

   (j)   Bonding. The Planning Commission may require that a bond be furnished to insure compliance with conditions imposed with the granting of a SUP. The amount and type of bond shall be determined by the Planning Commission. The bond shall be reasonable, appropriate and commensurate with the scope of the project. The amount of the bond shall be reduced at a rate equal to the percent of work completed on the required improvements as work progresses. The term “improvements” should not be construed to mean the project itself, but rather those features associated with the project which are deemed necessary to protect the health, safety and welfare of the Village residents, resources, environment, and future users or inhabitants of the proposed project.

   (k)   Appeal of Decisions. A person aggrieved by the decision of the Planning Commission may have that decision reviewed by the Board of Appeals; provided the petition for appeal is filed with the Village Manager within 15 days of the Planning Commission decision.

(Ord. 2001-7. Passed 11-12-01; Ord. 2009-5. Passed 11-9-09.)

   Before making a recommendation on a special use permit application, the Planning Commission shall establish beyond a reasonable doubt that the following general standards, as well as the specific standards outlined in each applicable section of this chapter, shall be satisfied:

   (a)   General Standards. The Commission shall review each application for the purpose of determining that each proposed use meets the following standards and, in addition, shall find adequate evidence that each use on its proposed location will:

      (1)   Be harmonious with and in accordance with the general principles and proposals of the Master Plan of the Village;

      (2)   Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and so that such a use will not change the essential character of the area in which it is proposed.

      (3)   Not be hazardous or disturbing to existing or future uses in the same general vicinity, and will be a substantial improvement to property in the immediate vicinity and to the community as a whole.

      (4)   Be served adequately by essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, or schools.

      (5)   Not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

      (6)   Be consistent with the intent and purposes of the zoning district in which it is proposed to locate such use.

   (b)   Conditions and Safeguards. The Commission may impose such additional conditions and safeguards deemed necessary for the general welfare, the protection of individual property rights and for insuring that the intent and objectives of this Zoning Code will be observed. The breach of any condition, safeguard or requirement shall automatically invalidate the permit granted.

   (c)   Specific Requirements. The general standards and requirements of this section are basic to all uses authorized by special use permit. In addition, there may be specific, applicable requirements set forth in the zoning district provisions and/or in Chapter 1294, Supplementary Regulations.

(Ord. 2001-7. Passed 11-12-01; Ord. 2009-5. Passed 11-9-09.)

   Amendments to an approved site plan shall be made according to the provisions of Section 1296.11. No change may be made to an existing special use permit except through reapplication, according to the procedures of Section 1290.02.

(Ord. 2001-7. Passed 11-12-01.)