4.3.1 Purpose. The formulation and enactment of this chapter is based on the division of the entire county into districts in each of which are permitted specified uses that are compatible. In addition to such permitted, compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but, because of their potential influence upon neighboring uses, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this chapter as "special uses."

4.3.2 Application. The contents of the application are as follows:

1)

Data to be furnished. Application for a special use permit shall be made to the Planning and Zoning officer on a form prescribed by the zoning board of appeals with the following data:

a.

A legal description of the property the special use is requested for and the street address, or if there is no street address, by locating the property with reference to any well-known landmark, highway, road, thoroughfare, or intersection;

b.

Whether the petitioner or applicant is acting for himself or herself or as an agent, alter ego, or representative of a principal and the name and address of the principal;

c.

Whether the petitioner or applicant is a corporation, and if so, the correct names and addresses of all officers and directors of the corporation and of all stockholders or shareholders owning any interest in excess of 20 percent of all the outstanding stock or shares of the corporation;

d.

Whether the petitioner or applicant or his or her principal, is a business or entity doing business under an assumed name, and if so, the name and residence of all actual owners of the business or entity;

e.

Whether the petitioner or applicant, or his or her principal, is a partnership, joint venture, syndicate, or an unincorporated voluntary association, and if so, the names and addresses of all partners or members of the partnership, joint venture, syndicate, or unincorporated voluntary association; and

f.

A statement of the proposed special use.

2)

Maps. The application shall be accompanied by the following plans and drawings:

a.

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.

b.

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 off-street loading facilities and landscaped areas.

c.

The Planning and Zoning Officer may authorize omission of any or all of the plans and drawings required by this section if they are not necessary to enable the zoning board of appeals to determine whether the proposed use will comply with each of the applicable provisions of this chapter.

4.3.3 Fee. The application for a special use permit shall be accompanied by a fee, in accordance with the fee schedule adopted by the County Board, to cover the cost of processing the application. Additionally, the applicant shall pay the cost or charges of the required publication notice.

4.3.4 Public hearing. A public hearing shall be conducted as follows:

1)

Notice. The notice shall contain: (i) the particular location of the real estate which the special use permit is requested by legal description and street address, and if no street address then by locating such real estate with reference to any well-known landmark, highway, road, thoroughfare or intersection; (ii) whether or not the petitioner or applicant is acting for himself or in the capacity of agent, alter ego, or representative of a principal, and stating the name and address of the actual and true principal; (iii) whether petitioner or applicant is a corporation, and if a corporation, the correct names and addresses of all officers and directors, and of all stockholders or shareholders owning any interest in excess of 20 percent of all outstanding stock of such corporation; (iv) whether the petitioner or applicant, or his principal if other than applicant, is a business or entity doing business under an assumed name, and if so, the name and residence of all true and actual owners of such business or entity; (v) whether the petitioner or applicant is a partnership, joint venture, syndicate or an unincorporated voluntary association, and if so, the names and addresses of all partners, joint venturers, syndicate members or members of the unincorporated voluntary association; and (vi) a brief statement of what the proposed special use consists. Such notice shall be published in a newspaper of general circulation published in the township or road district in which the property that is the subject of the petition is located, if no newspaper is published in the township or road district, then notice shall be published in a newspaper of general circulation published in the county and having circulation where such property is located.

2)

Procedure. At the public hearing, the zoning board of appeals shall review the application and the drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with regard to the findings prescribed in subsection (c)(4) of this section.

3)

Referral to the Zoning Board of Appeals. The Planning and Zoning officer shall refer the application for a special use permit to the Zoning Board of Appeals before the public hearing for consideration. The Planning and Zoning officer shall submit a report and recommendation to the Zoning Board of Appeals on the special use no later than at the time of the public hearing.

4)

Findings of fact. Within 45 days after the close of the public hearing on a proposed special use, the zoning board of appeals shall make written findings of fact and shall submit same together with its recommendation to the county board. For the board of appeals to make an affirmative recommendation on any special use permit, it must find that each of the following items are met:

a.

The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

b.

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

c.

The establishment of the special use will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district;

d.

Adequate utilities, access roads, drainage and/or necessary facilities have been, are being or will be provided;

e.

Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and

f.

The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

5)

Failure of Zoning Board of Appeals to act. If the Zoning Board of Appeals fails to make a recommendation to approve, approve with conditions or to deny a special use application within 45 days of the public hearing, then a recommendation for denial is assigned to the subject special use. The planning and zoning officer shall forward the Zoning Board of Appeals' decision and records to the county board within 30 days after action or within 55 days from the date of public hearing if no action has been taken by the Zoning Board of Appeals.

4.3.5 Action of county board. The county board may affirm, modify or reverse a decision of the zoning board of appeals. To approve a special use the county board must find that it satisfies the criteria enumerated in 4.3.4.4)

4.3.6 Lapse of special use permit; renewal. The lapse of a special use permit and its removal shall entail the following:

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, or the site was occupied relative to the special use permit if no building permit or certificate of occupancy is required.

2)

A special use permit may be renewed for an additional period of one year, provided that prior to the expiration of 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 zoning board of appeals.

3)

The zoning board of appeals may grant or deny an application for renewal of a special use permit.

4)

Subsections 4.3.2-4.3.4 of this section shall apply to an application for renewal of a special use permit.

4.3.7 Existing special uses. A use established by a special use permit issued by the county prior to the date of adoption of this Ordinance shall be deemed nonconforming if the use is no longer allowed as a special or permitted use in this ordinance. However, it shall be permitted to continue, provided that the use is operated and conducted in accord with the conditions prescribed in the special use permit as granted, if any. Any alterations, expansion or restoration outside the scope of the granted special use shall be thereafter governed by the provisions of this chapter.

4.3.8 Revocation. Upon violation of any applicable provision of this chapter, or, if granted subject to a condition, upon failure to comply with the condition, a special use permit shall be suspended automatically. The zoning board of appeals shall hold a public hearing within 45 days, in accord with the procedure prescribed in subsection 4.3.4 of this section, 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. Following the date of a decision of the zoning board of appeals revoking a special use permit, the Planning and Zoning officer shall transmit to the county board 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 county board, whichever is later, unless an appeal has been taken to the county board or unless the county board shall elect to review the decision of the zoning board of appeals, in which case subsections 4.3.4 and 4.3.5 shall apply. Other remedies, in lieu of revocation, may be pursued.

4.3.9 Effect of denial of a special use permit. No application for a special use permit which has been denied wholly or partly by the county board shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence not known to the applicant at time of hearing on first application, or as proof of changed conditions. The above limitation does not preclude the applicant from seeking judicial review of the decision of the County Board.

4.3.10 Special use permit to run with the land. A special use permit granted pursuant to the provisions of this article 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.

4.3.11 Amendment or withdrawal of application. Once filed, an application cannot be amended, except to correct a scrivener's error. Up to the time the County Board renders its decision on an application, the applicant may withdraw the application but no portion of the filing fee will be refunded.