(a)

Purpose. Special land uses are permitted in certain zoning districts, subject to the granting of a special use permit. Special uses require careful consideration so that they may be located properly with respect to the objectives of this chapter and with respect to their effects on surrounding properties. Permits for such special uses in such districts as are prescribed in the district regulations may impose reasonable conditions upon the granting of use permits, subject to the approval of the PZC and right of appeal by the city council.

(b)

Application. Application for a special use permit shall be made to the zoning administrator on a form prescribed by the PZC accompanied with a fee in an amount to be approved by the city council. The zoning administrator shall deem an application as complete before putting a petition upon the PZC agenda. Applications may include the following information (as determined by the zoning administrator what is needed for each submittal):

(1)

Name and address of the applicant.

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located.

(3)

Address and description of the property.

(4)

Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a special use permit.

(5)

Name and address of all adjacent property owners.

(6)

An accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines.

(7)

An accurate scale drawing of the site showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and loading facilities, and landscaped areas.

(8)

Any data required as part of a building, site, and operation plan as prescribed in this chapter.

(9)

Any other data as prescribed by the zoning administrator.

(c)

PZC review and public hearing.

(1)

The PZC shall hold at least one public hearing on each application for a special use permit within 45 days of the date when the application was filed. The zoning officer shall set the time and place of the hearing if the application is made to him. Notice of the hearing shall be given not less than 15 days, nor more than 30 days, prior to the date of the hearing by publication in a newspaper of general circulation in the city and by notifying the record title owners of adjacent property by U.S. mail at the address from the latest adopted tax rolls. Failure to make such notice by U.S. Mail shall not invalidate the proceedings. Within 45 days after the close of the public hearing on a proposed special use permit, the PZC shall make written findings of fact and shall submit such findings, together with its recommendation to the city council. Public hearing notifications and processes shall follow the regulations of this chapter.

(2)

If the PZC fails to act within 45 days of the public hearing, the special use shall be deemed approved by the PZC.

(d)

Basis of approval. The PZC in making its recommendations for a special use permit shall give consideration and satisfy themselves as to the following requirements:

(1)

The proposed location of the special use is in accord with the objectives of this chapter and the purpose of the district in which the site is located.

(2)

The proposed location of the special use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or improvements in the vicinity.

(3)

The proposed special use will comply with each of the applicable provisions of this chapter.

(4)

The PZC shall also take into consideration the following LaSalle/Sinclair factors:

a.

The existing land uses and zoning of the nearby property.

b.

The extent to which property values are diminished by the restrictions of the ordinance.

c.

The extent to which the ordinance promotes the health, safety, morals or general welfare of the public.

d.

The relative gain to the public as compared to the hardship imposed on the individual property owner.

e.

The suitability of the subject property for the zoned purposes.

f.

The length of time the property has been vacant as zoned, considered in the context of land development in the vicinity of the subject property.

g.

The community's need for more of the proposed use.

h.

The care with which the community has planned its land use development.

(e)

Conditions. The PZC may recommend, and the city council may require, such conditions or restrictions upon the construction, location and operation of a special use, as deemed necessary to secure the general objectives of this chapter. Such conditions or restrictions shall include, but not be limited to, provisions for the protection of adjacent property, the expiration of such special use permit after a specified period of time, and off-street parking.

(f)

City council action.

(1)

The zoning administrator shall forward the PZC decision and records to the city council within ten days after action or within 55 days from the date of public hearing if no action has been taken by the PZC.

(2)

A special use permit shall be authorized by the city council by ordinance within 45 days upon receipt of the PZC decision. The city council may affirm, reverse or modify a decision of the PZC, provided that if a decision denying a special use permit is reversed or a decision granting a use permit is modified, the city council, on the basis of the record transmitted by the zoning administrator, and such additional evidence as may be submitted, shall make the findings prerequisite to the granting of a special use permit prescribed in this chapter.

(3)

If the PZC gives a negative recommendation the city council shall require a two-thirds vote of all commissioners of the city then holding office to approve a special use.

(g)

Void and lapse.

(1)

A special use permit shall lapse and shall become void one year following the date on which the special use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the special use permit application, or a certificate of occupancy is issued for the structure which was the subject of the special use permit application.

(2)

A special use permit may be renewed for an additional period of one year, provided that prior to the expiration one year from the date when the special use permit originally became effective, an application for renewal of the special use permit is filed with the PZC.

(3)

The PZC may grant or deny an application for renewal of a special use permit.

(h)

Resubmittal after denial. No application for a special use permit which has been denied, wholly or partly, by the city council shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the PZC.

(i)

Developers deposit. Upon the sending of a notice of the public hearing on the possible revocation of a special use permit to the special use permit holder, the city shall be entitled to recoup from the special use permit holder any costs, expenses and fees the city incurs after the date of sending said notice, including, but not limited to, engineering fees, attorney fees and city staff time expenses, related to obtaining compliance with the terms and conditions of a special use permit and/or pursing any revocation of a special use permit. Such costs, expenses and fees shall be owed by the special use permit holder to the city regardless of whether the special use permit is actually revoked or not.

(j)

Permit perpituity [perpetuity] running with land. A special use permit granted pursuant to the provisions of this article [section] shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the special use permit application.

(k)

Discontinuance or alteration. When an approved special use has been discontinued for one year or more such special use shall automatically terminate. If an approved special use has been substantially changed or altered such use shall require a new special use approval.

(l)

Specific regulations: Drive through windows. In addition to the special use application requirements as described in this chapter, the applicant shall also provide with the special use application the following information:

(1)

Submit scaled plans and drawings of the specific placement and dimensions of the drive through window, if there is not one installed already, however drive-through windows shall not be installed in the front of any building. All proper building permits must be applied for and obtained.

(2)

Submit scaled plans and drawings depicting traffic flow patterns, circulation and drive-through aisle that meet at least the following requirements:

a.

Drive-through aisle shall have a minimum ten foot interior radius at curves and a minimum 12 foot width.

b.

Drive-up window shall provide at least four stacking spaces.

c.

A sufficient queuing area must be provided with a minimum of 20 feet per vehicle, in advance of the service window to accommodate the stacking space required. The queue area may not interfere with other on-site circulation and parking facilities.

d.

Each drive-through entrance/exit shall be at least 50 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the curb-cut on an adjacent property. Exceptions may be granted by the designated approving authority when drive-through pull-out spaces are provided.

e.

Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs and pavement markings. All appropriate sign regulations must be followed as described in this chapter.

f.

Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space.

g.

Pedestrian walkways should not intersect the drive-through aisles, but where they do the walkways shall have clear visibility and shall be delineated by enhanced paving or markings.

h.

Such other information as the city may require in order to properly review the application.

i.

Four stacking spaces shall be provided for each drive-through window, unless research provided by applicant shows that the use will not generate enough traffic to warrant four spaces per window.

j.

For liquor drive-throughs: Hours of operation of the drive-through window must comply with the hours of operation specified for class D liquor license holders.

k.

Any special use permit granted shall only allow for vehicle drive-through and does not permit walk ups to the window.

(m)

Specific regulations: Adult use cannabis. It is the intent and purpose of this article [section] to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the city. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply. Adult-use cannabis business establishment facilities, as defined in this chapter, zoning, requiring approval of a special use permit in the respective district in which they are requested shall be processed in accordance with this chapter.

(1)

Adult-use cannabis facility components. In determining compliance with this article [section], the following components of the adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

a.

Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

b.

Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

c.

Hours of operation and anticipated number of customers/employees.

d.

Anticipated parking demand and available private parking supply.

e.

Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

f.

Site design, including access points and internal site circulation.

g.

Proposed signage plan.

h.

Compliance with all requirements provided in section adult-use cannabis craft grower; section adult-use cannabis cultivation center; section adult-use cannabis dispensing organization; section adult-use cannabis infuser organization; section adult-use cannabis processing organization; or section adult-use cannabis transporting organization, as applicable.

i.

Other criteria determined to be necessary to assess compliance with article [section] special uses.

(2)

Adult-use cannabis craft grower. In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

a.

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

b.

Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes.

c.

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

d.

For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "commercial retail" per article [section] off-street parking and loading, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through article [section] special uses, herein.

e.

Petitioner shall file an affidavit with the city affirming compliance with this article [section] as provided herein and all other requirements of the Act.

(3)

Adult-use cannabis cultivation center. In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:

a.

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

b.

Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes.

c.

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

d.

For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as "commercial retail" per article [section] off-street parking and loading, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through article [section] special uses, herein.

e.

Petitioner shall file an affidavit with the city affirming compliance with this article [section] as provided herein and all other requirements of the Act.

(4)

Adult-use cannabis dispensing organization. In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

a.

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

b.

Facility may not be located in a dwelling unit or within 500 feet of the property line of a pre-existing property zoned or used for residential purposes.

c.

At least 75 percent of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises.

d.

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

e.

For purposes of determining required parking, said facilities shall be classified as "commercial retail" per article [section] off-street parking and loading, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through article [section] special uses, herein.

f.

Petitioner shall file an affidavit with the city affirming compliance with this article [section] as provided herein and all other requirements of the Act.

g.

The city shall approve no more than two special use permits for cannabis dispensing organization facilities within the city in order to limit the number of dispensary locations to no more than two within the city at any given time.

(5)

Adult-use cannabis infuser organization. In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

a.

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

b.

Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

c.

At least 75 percent of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

d.

For purposes of determining required parking, said facilities shall be classified as "commercial retail" per article [section] off-street parking and loading, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through article [section] special uses, herein.

e.

Petitioner shall file an affidavit with the city affirming compliance with this article [section] as provided herein and all other requirements of the Act.

(6)

Adult-use cannabis processing organization. In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

a.

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

b.

Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

c.

At least 75 percent of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

d.

For purposes of determining required parking, said facilities shall be classified as "commercial retail" per article [section] off-street parking and loading, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through article [section] special use, herein.

e.

Petitioner shall file an affidavit with the city affirming compliance with article [section] as provided herein and all other requirements of the Act.

(7)

Adult-use cannabis transporting organization. In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

a.

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

b.

Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

c.

The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

d.

For purposes of determining required parking, said facilities shall be classified as "commercial retail" per article [section] off-street parking and loading, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through article [section] special uses, herein.

e.

Petitioner shall file an affidavit with the city affirming compliance with this article [section] as provided herein and all other requirements of the Act.

(8)

Additional requirements. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

(9)

Co-location of cannabis business establishments. The city may approve the co-location of an adult-use cannabis dispensing organization with an adult-use cannabis craft grower center or an adult-use cannabis infuser organization, or both, subject to the provisions of the Act and the special use criteria within the city zoning code. In a co-location, the floor space requirements of this chapter shall not apply, but the co-located establishments shall be the sole use of the tenant space.

(n)

Specific regulations: mobile home parks. In addition to the special use application requirements as described in this chapter, the applicant shall also provide with the special use application the following information:

(1)

Intent.

a.

Provide regulations and standards for the development of a safe, healthy, and well-designed community for permanent mobile home living.

b.

Provide in appropriately located areas within specific zoning districts, sites for mobile home living developed at reasonable density consistent with sound standards of public health and safety.

c.

Comply as much as possible with the objectives and purposes of each zoning district in which mobile home parks are located.

d.

Ensure adequate light, air, access and open space for each mobile home living unit.

e.

Regulate the mobile home park such that it will complement the land use policy of the zoning district.

(2)

Occupancy.

a.

No mobile home shall be occupied or used for living or sleeping purposes unless it is located in a mobile home park, provided that a mobile home may be used as an office for construction project, circus or carnival, and provided that one mobile home may be used for the temporary residence of a watchman on the site of a construction project. Mobile homes may be used as a temporary residence for circus or carnival personnel when recommended by the PZC by a special use permit as provided for by this chapter.

b.

It shall be permissible for a bona fide guest of a householder to park a mobile home in the rear yard of any dwelling house for a period of time not to exceed 30 days in any one calendar year, provided that such mobile home is used only for sleeping purposes during such 30-day period

(3)

Preapplication requirements.

a.

A mobile home park may be permitted in the RM multi-family district subject to obtaining a special use permit in accordance with the provisions of this chapter and additional provisions of this section.

b.

Prior to filing for a special use permit, all mobile home parks shall be reviewed by the city PZC to determine if they are being located and designed consistent with the provision of this article [section].

c.

The city PZC may recommend variations to the design requirements in the interest of achieving good design and better environmental living conditions for the residents of the mobile home park.

(4)

Required conditions.

a.

A mobile home park may be permitted by a special use permit in the RM multi-family district, subject to the regulations as prescribed in article I of this chapter, and as further provided in this section.

b.

All mobile home parks shall be developed in accordance with design standards set forth in this article [section].

(5)

Design and performance standards.

a.

There shall be a maximum of six mobile homes per gross acre.

b.

There shall be a minimum of 5,000 square feet of site area per mobile home.

c.

A mobile home park shall provide indoor and outdoor community use facilities and recreational open spaces of which not less than 5,000 square feet in area for each ten acres or portion thereof shall be developed for recreational use. The aggregate community use facilities and open spaces shall not be less than 200 square feet for each mobile home space.

d.

Not more than one dwelling unit shall be located in a mobile home park.

e.

No mobile home or dwelling unit shall be located:

1.

In a required front yard, equal to at least one-half the right-of-way of the street on which the lot fronts. However, in no case shall the front yard be less than 30 feet nor require more than 60 feet; or

2.

Less than 25 feet from the side and rear property lines of the mobile home parks.

f.

Only one mobile home may be located on a mobile home site as designated in the mobile home park and subject to the following yards and setbacks:

1.

Front and rear yards: a minimum of ten feet.

2.

Side yards: a minimum of ten feet.

3.

Minimum distance of 20 feet between mobile homes and/or permitted structures.

g.

A minimum of two improved off-street parking spaces shall be provided for each mobile home site.

h.

All street design and development shall be in compliance with the city subdivision regulations.

i.

All utilities including television service shall be underground.

j.

A designed trailer and boat storage area shall be provided with an aggregate area of 50 square feet for each mobile home site.

k.

Fencing and landscaping:

1.

Adequate landscaping shall be provided including trees and shrubs around the perimeter of the mobile home park.

2.

Additional fencing and landscaping including perimeter fencing along interior, side and rear lot lines may be recommended by the PZC as part of the special use permit for a mobile home park.

(o)

Specific use regulations: Auto related uses.

(1)

Defined.

a.

Auto related uses include auto service stations (including gas stations), auto repair stations, auto open sales, and auto rentals.

b.

Auto can refer to automobiles, trucks, motorcycles, recreational vehicles, boats, or other types of licensed vehicles in the State of Illinois.

c.

A auto use defined above may be permitted in the CG commercial general district, CT commercial traffic district, IL light industrial district, or IH heavy industrial district subject to obtaining a special use permit in accordance with the provisions of this chapter and additional provisions of this section. Notwithstanding the forgoing the following specific uses are only allowed as special uses in the following districts:

1.

Semi-truck service and repair stations: CT, IL, IH districts.

2.

Tow yard uses: IL/IH districts.

3.

Junkyard uses: IL district.

(2)

Need of submittals.

a.

Provide regulations and standards for the development of a well-designed auto service, repair, or sales use.

b.

Prior to filing for a special use permit, all auto service, repair, or sales uses shall be reviewed by the city PZC to determine if they are being located and designed consistent with the provision of this article [section].

(3)

Design and performance standards.

a.

All operations, except the sale of gasoline and oil and the washing of cars shall be conducted within an enclosed building with any overhead doors closed at all times.

b.

The operation hours of an auto business must be approved by the PZC. Auto washes and repair uses may require reduced hours depending on the surrounding uses. In no case may an auto wash or repair facility operate before 7:00 a.m. and after 10:00 p.m.

c.

Open sales lot uses are subject to additional fencing regulations when next to a residentially zoned property as follows: Sight obstructing fencing must be placed on the side or rear yard abutting or adjacent to residentially zoned property not to exceed six feet in height and/or suitable landscaping materials, plans of which should be submitted to the zoning administrator for review by the City of South Beloit PZC.

d.

Uses with outside storage shall meet the following criteria:

1.

A limited number of parking stalls may be approved by the PZC for vehicles waiting for repair overnight. However such vehicles must be drivable and licensed.

2.

Vehicles for repair, including undriveable vehicles, and any miscellaneous outdoor storage, shall be stored in an enclosed area. Such enclosure shall be approved by the PZC and depending on the location the enclosure may be fencing (6-foot board on board only), bermed landscaping, or a combination of both. Fencing is mandatory when abutting a residential use.

3.

Enclosed outdoor storage areas shall be behind the front of a building on a lot.

4.

Outdoor storage allowance, location, amounts, and screening is solely up to the PZC upon BSO review. The intent of any auto use is to maintain a clean site with minimal outdoor storage that adapts to surrounding land uses.

e.

A landscape plan must accompany such a use and include the following below. Such landscaping approval is solely up to the PZC upon BSO review as unique situations may apply:

1.

Said landscape plan must include building foundation landscaping (at minimum along the front elevation of the structure)

2.

Said landscape plan must include front right-of-way terrace landscaping (shrubs and/or street trees)

3.

In the case of auto sales parking lots, landscape islands shall be required subject to the location approval of the PZC but at a rate of no less than every 15 successive parking stalls. Landscaping shall also adorn the outer property line perimeter of said sales lots.

f.

A lighting plan must accompany such a use and include the following below. Such lighting approval is solely up to the PZC upon BSO review as unique situations may apply:

1.

Lights shall not be beamed directly onto adjoining property.

2.

A photometric plan shall show no more than .05 foot candles at the lot line and .03 foot candles when adjoining a residential use.

3.

Pole lights shall be zero-degree cutoff fixtures.

4.

Pole lights shall be no more than 15 feet high unless approved for a higher height by the PZC. In no case shall a pole light exceed the highest eave height of the principal structure on the lot.

g.

All special use and BSO approvals by the PZC for auto service, repair, or sales use must be kept in perpetuity unless an amendment to an approval is received by the PZC and/or city council. The city PZC may recommend variations to the design requirements in the interest of achieving a cohesive design and look with the surrounding neighborhood and parcels in which the use is applied for.

h.

Annual review required: All auto uses approved under this special use section shall have a condition of having an annual review. Such annual review shall be completed by the zoning administrator to ensure the original PZC approval of the special use is being followed in perpetuity. Deviating from the regulations of the special use approved by the PZC may result in citations until rectified.

(p)

Specific use regulations: Parking of any motorized or non-motorized vehicle or recreational vehicle not otherwise permitted.

(1)

Such use is considered a minor special use permit.

(2)

Must be located on a pad with a continuous surface of bituminous material, concrete, cement or a material determined as permitted by review and approval of the city engineer or her authorized representative. (may be agreed upon in a phased time frame).

(3)

Subject to a minimum side yard setback of five feet for those located in a side yard.

(4)

Subject to a minimum rear yard setback of five feet for those located in the rear yard.

(q)

Revocation.

(1)

Upon violation of any applicable provision of this chapter, or, if granted subject to conditions, upon failure to comply with the conditions, a special use permit shall be suspended automatically. The planning and zoning commission shall hold a public hearing within 45 days, in accordance with the procedure prescribed in section 118-13(c), and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the special use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. Within five days following the date of a decision of the planning and zoning commission revoking a special use permit, the zoning officer shall transmit to the city council written notice of the decision. The decision shall become final ten days following the date on which the special use permit was revoked, or on the day following the next meeting of the city council, whichever is later, unless the city council shall elect to review the decision of the planning and zoning commission, in which case, sections 118-13(e)—118-13(g) and this subsection shall apply.

(2)

Upon the sending of a notice of the public hearing on the possible revocation of a special use permit to the special use permit holder, the city shall be entitled to recoup from the special use permit holder any costs, expenses and fees the city incurs after the date of sending said notice, including, without limitation, engineering fees, attorney fees and city staff time expenses, related to obtaining compliance with the terms and conditions of a special use permit and/or pursuing any revocation of a special use permit Such costs, expenses and fees shall be owed by the special use permit holder to the city regardless of whether the special use permit is actually revoked or not.

(Ord. of 5-6-2024; Ord. No. 2792, § 2, 5-6-2024; Ord. No. 2809, §§ 4, 5, 8-5-2024; Ord. No. 2817, § 2, 10-7-2024)