A. Purpose: The development and execution of this title is based upon the division of the village into zoning districts within which the use of land, and the bulk and location of buildings and structures in relation to the land are substantially uniform. However, there are certain uses that, because of their unique characteristics, cannot be properly classified in any district or districts, without consideration in each case of the impact of those uses on adjacent properties and of the public need for the particular use in the particular location. Case by case review is intended to ensure consideration of the special use's anticipated land use, site design, and impacts.
B. Initiation Of A Special Use: A special use application may be filed by the owner or contract purchaser of the property.
C. Application For Special Use: An application for a special use shall be filed in writing with the zoning administrator and shall include a map of the property showing its dimensions, all streets and alleys, and other properties within two hundred and fifty feet (250') of the property. Applications for a planned development shall be in accordance with the provisions of chapter 10-15 of this title. The zoning administrator shall transmit the application to the plan commission, as appropriate, for review and public hearing. The plan commission or zoning board of appeals, as appropriate, shall hold a public hearing within forty five (45) days after filing of a complete application.
D. Notice And Conduct Of Public Hearing: Notice for and conduct of the public hearing shall be in accordance with the notice requirements of this title and state statute.
E. Standards For Special Uses: The plan commission shall not recommend, nor the village board grant, a special use unless it shall make findings of fact based on the evidence presented to it in each specific case that:
1. The special use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish property values with the neighborhood; and
2. The establishment of the special use will not impede the normal and orderly development and improvement of the adjacent properties for uses permitted in the subject zoning district.
F. Burden Of Proof For Special Use: In each case of a requested special use, the applicant must satisfy the proof that the proposed special use meets the standards of division E of this section, even if there is no testimony or other evidence opposing or rebutting the requested special use.
G. Decision Of The Village Board: After recommendation by the plan commission, the village board may grant, deny, or grant with modification the special use, or may refer the proposed special use back to the plan commission for further consideration. If the village board grants a special use, it shall adopt an ordinance authorizing the special use.
H. Conditions And Restrictions:
1. When the special use is determined to have the potential for adverse impacts, the plan commission may recommend, and the village board may impose conditions on the approval to ensure that the adverse impacts will be mitigated. Such conditions may include impositions on the site planning, design, location, and operation of the special use.
2. The zoning board of appeals may recommend, and the village board of trustees may impose, such restrictions on the height, bulk and area of occupancy of any structure so approved for special use as may be reasonable under the particular circumstances. Off-street parking facilities as well as off- street loading and unloading spaces may also be stipulated in the order permitting the special use, and all other codes and ordinances of the village must be complied with. Special uses relating to recreational cannabis require compliance with the procedures outlined in the recreational cannabis mercantile regulations, chapter 10-19 of this code.
I. Lapse Of Approval And Discontinuance: An ordinance approving a special use is valid for twelve (12) months from the date of the ordinance unless a building permit is obtained, or the use is commenced. If a building permit is not obtained or the use is not commenced within such time, the approval for special use will lapse and shall become null and void. If a special use is discontinued for a period of six (6) months or longer, the special use shall be considered abandoned and shall become null and void. Reinstatement or re-establishment of the special use will require approval pursuant to the provisions of this section. The provisions of this division do not apply to planned developments.
J. Amendments To Special Use: A change in the area, bulk, size, use or intensity of use of an existing special use, or a change to the conditions specified for a special use at the time of approval, shall be deemed the same as a new special use and shall require approval pursuant to the provisions of this section. (Ord. 19-12-44, 12-19-2019; Ord. 19-12-43, 1-13-2020)