§ 12.2. Permit procedures.

The application for a special land use permit shall be submitted and processed under the following procedures:

A.

Submission of application. An application shall be submitted through the zoning administrator on a special form for that purpose. Each application shall be accompnied by the payment of a fee as established by the village council.

In the event the allowance of a desired use requires both a rezoning and a special land use permit, both requests may be submitted jointly, subject to the following:

1.

The ordinance procedures for each shall be followed as specified in this article.

2.

All applicable standards and specifications required by this ordinance shall be observed.

B.

Data required.

1.

The special form shall be completed in full by the applicant including a statement by the applicant that section 12.3 can be complied with.

2.

Final approval of a site plan that conforms to the requirements of section 6.1.

3.

Preliminary plans and specification of the proposed development.

C.

[Review by] the Village of Pigeon planning commission. The application, together with all required data, shall be transmitted to the planning commission for review. After review and study of any application and related material, the planning commission shall hold a public hearing after at least one publication in a newspaper of general circulation in the community, not less than 15 days prior to the said hearing. All property owners and residents within 300 feet of the boundary of the property in question shall receive notice by mail or personal delivery, not less than five and not more than 15 days before the public hearing. The notice shall:

1.

Describe the nature of the special land use request.

2.

Indicate the property subject to the special land use request.

3.

State when and where the public hearing will be held.

4.

Indicate when and where comments will be received.

D.

Permit expiration. A special land use permit issued pursuant to this chapter [article] shall be valid for one year from the date of issuance of said permit. 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 of the expiration of said permit.

E.

Revocation. The planning commission shall have the authority to revoke any special land use permit after it has been proven that the holder of the permit has failed to comply with any of the applicable requirements in article 12, or other applicable sections. Written notice of violation shall be given by the zoning administrator to the holder of the permit and correction must be made within 30 days. After this 30-day period, an additional notice shall be given by the zoning administrator, that the use for which the permit was granted must cease within 30 days from date of second notice.

F.

Reapplication. No application for a special land use permit which 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 such denial, except on the grounds of newly discovered evidence or proof or change of conditions.