§ 152.241. PERMIT APPLICATION AND PROCESS.

Applications for a special land use permit shall be submitted and processed as follows:

(A) Application submittal. No application shall be considered by the village unless it is accompanied by the following:

(1) A village application form completed in full by the applicant and signed by all persons, firms or corporations having an ownership interest in the property. For the purposes of this section, OWNERSHIP INTEREST shall mean the titled owner(s) and land contract holder(s);

(2) A preliminary site plan containing all of the information required by § 152.389;

(3) A written statement by the applicant and any supporting evidence explaining how the special land use will comply with the following:

(a) The general criteria in § 152.242; and

(b) The specific criteria in § 152.243 as applicable.

(4) A processing fee as established by the Village Council; and

(5) An application for a residential open space development shall also include a parallel site plan prepared in compliance with § 152.353(A).

(B) Process.

(1) The Zoning Administrator shall transmit the full special land use permit application to the Planning Commission for review. The Planning Commission shall fix a reasonable time for a public hearing. The Zoning Administrator shall provide notice of the public hearing in accordance with the requirements of § 152.022(C).

(2) Upon conclusion of the public hearing, the Planning Commission shall deny or approve, with or without conditions, or table for further consideration the special land use permit; or in the case of special land use permit applications for a residential open space development, condominium project, or other planned development, shall make a recommendation to the Village Council to deny or approve, with or without conditions, the special land use permit. If no decision or recommendation is made at the advertised hearing, disposition of the case must be set to a date certain at that time, and this date must be clearly stated in the meeting minutes. If no certain date is set and duly noted in the public record, notice of the next meeting at which the case will be considered shall be provided as required in division (B)(1) above. The Planning Commission shall make a decision or recommendation upon each case within 60 days of the public hearing, unless additional time is granted by the applicant.

(3) For special land use permit applications for a residential open space development, condominium project, or other planned development, a summary of the Planning Commission recommendation and comments submitted at the public hearing shall be transmitted with the special land use permit application and staff report to the Village Council. The Village Council may hold additional public hearings if it considers it necessary. The Village Council shall make a decision upon each case within 60 days of the Planning Commission's recommendation or refer the proposal back to the Planning Commission for further consideration, unless additional time is granted by the applicant.

(C) Permit expiration. A special land use permit issued pursuant to this subchapter shall be valid for one year from the date of issuance. If construction has not commenced and proceeded meaningfully toward completion by the end of this one-year period, the Zoning Administrator shall notify the applicant in writing, no more than 30 days before the expiration date, that upon expiration, the permit will become null and void.

(D) Permit amendment. Changes to an approved site plan shall comply with § 152.394. Changes to other condition(s) of approval, including but not limited to performance standards, shall be processed in compliance with division (B) above.

(E) Permit renewal. Upon written request by the applicant, a one-year extension may be granted by the Planning Commission if it finds that the approved special land use permit and site plan still comply with the requirements of this chapter. A written request for permit renewal must be received by the village prior to the expiration date, or a new application for a special land use permit will be required. Upon expiration of the initial one-year extension on a special use permit. Planning Commission may grant, upon written request by the applicant, subsequent one-year extensions of the special land use permit, upon showing of good cause.

(F) Revocation. Based upon a recommendation by the Zoning Administrator, the Planning Commission shall have the authority to revoke any special land use permit after it has been proved that the holder of the permit has failed to comply with any of the applicable requirements of this chapter and/or permit approval. The Zoning Administrator shall give written notice of the violation to the holder of the permit, and correction must be made within 30 days. After a 30-day period, the Zoning Administrator shall give a second notice, and the use for which the permit was granted must cease within 60 days from the date of second notice.

(G) Re-application. No application for a special land use permit that has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one year or more from the date of denial, except on the grounds of newly discovered evidence or proof of change of conditions.

(H) For special land use permit applications for a residential open space development, condominium project, or other planned development, special land use permit amendments, renewals, and revocations shall also require the Village Council's approval.

(Ord. 37, passed 8-28-2005; Ord. 83, passed 10-27-2008; Ord. 91, passed 10-12-2009; Ord. 139, passed 9-11-2017) Penalty, see § 152.999