[Added 12-15-1986 by L.L. No. 4-1986; amended 7-24-1989 by L.L. No. 3-1989]
A.
The Zoning Board of Appeals shall have the sole authority to determine applications for any special exception specified in Chapter 66 of the Village Code.
B.
In determining whether a special exception shall be granted, the
Zoning Board shall consider the established character of the neighborhood
wherein such use is proposed to be located and whether the Village
would be detrimentally affected by the additional traffic to be generated,
the production or emission of noise, smoke, furnes, refuse matter
or similar substances or conditions, the proposed landscaping, including
parking areas, fences and buffer areas, the overall architectural
appearance of any building to be erected or to be used and such other
criteria as the Zoning Board shall deem necessary to maintain and
promote the public health, safety, morals, general welfare, order,
comfort, convenience, appearance or prosperity.
A.
The application for a special exception and all attachments shall
be furnished to the Village Clerk at least 20 days prior to any public
hearing date. No hearing shall be had unless the application and all
attachments are timely filed.
B.
The application for a special exception shall consist of the following:
(1)
The written executed petition stating in detail all of the pertinent
facts relating to the application and setting forth the steps that
will be taken by applicant to ameliorate any negative impact that
the proposed use would have upon the existing neighborhood and the
general community.
(2)
A plot plan, survey or diagram of the subject premises accurately
showing the dimensions of all actual or proposed structures on the
subject premises, the distances of all actual or proposed side, rear
or front yards, all existing or proposed landscaping and all courts,
driveways, parking lots and abutting streets. The plot plan shall
contain a parking plan showing the location and number of on-site
parking spots.
(3)
A statement of the maximum number of employees to be employed at
the subject premises and their proposed hours of duty.
(4)
The name, address and telephone number of all adjoining landowners
and landowners of property located directly across any abutting public
road from any of the subject premises.
(5)
Any memorandum of law or additional information that the applicant
feels may support or explain the application.
C.
The applicant shall submit any additional material requested by the
Zoning Board after a public hearing.
E.
A filing fee of $50 shall be deposited with the Village Clerk at
the time of the filing of the application for special exception.
F.
Decisions of the Zoning Board with respect to any application for
a special exception shall be made not later than 62 days from the
date of any final hearing on such matter. The final decision on any
application shall be made in a written order signed by the chairperson
or such other member of the Zoning Board as said Board may select.
Such decision shall state findings of fact which were the basis for
the Board's determination. The decision shall state in full any
conditions or safeguards imposed by the Board in granting such a special
exception.
The Village Clerk shall give notice of the public hearing by
mailing a written notice thereof to the applicant or his attorney
by regular mail, and by publishing such notice twice in the official
newspaper of the Village. Additionally, such notice shall be mailed
to all such property owners whose premises adjoin those of the applicant
and such other property owners as the Zoning Board, in its discretion,
deems advisable. The notice of hearing shall state the location of
the building or property involved, the date, time and place of the
hearing and the relief sought. Such notice shall be mailed and the
first publication shall take place at least 10 days prior to the scheduled
hearing date.
