(A) Such application shall be in writing, filed in the office of the Village Clerk, state the proposed location and use of the property, and such other relevant matters as may be requested by the governing body. Upon receipt of such application, the Zoning Administrator shall forward the application to the Planning Commission for its recommendation. Upon hearing, the Planning Commission shall forward its recommendation to the Village Board, within 30 days. Upon hearing, the Village Board may approve or deny the application in whole or in part, or prescribe conditions for such use of the property. No special use permit shall become effective until after separate public hearings are held by both the Planning Commission and the Village Board in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the purpose, time, and place of such hearing shall be given by publication thereof in a paper of general circulation in the village, one time at least ten days prior to such hearing.
(Neb. RS 19-904)
(B) In addition to the publication of the notice herein prescribed, a notice, in sign form, of the hearing shall be posted in a conspicuous place on or near the property on which such action is pending. The sign shall be placed at least ten days prior to date of each hearing.
(C) Except as otherwise provided herein, no special use permit shall be granted by the Village Board, without an affirmative vote of a majority of all members of the Village Board and unless the proposed use is found to:
(1) Be compatible with and similar to the use permitted in the district;
(2) Not be a matter which should require re-zoning of the property;
(3) Not be detrimental to adjacent property;
(4) Not tend to depreciate the value of the surrounding structures or property;
(5) Be compatible with the stated intended use of the district;
(6) Not change the character of the district; and
(7) Be in accordance with the Comprehensive Plan.
(D) In case of protest against such special use permit, signed by the owners of 20% or more either of the area of the lots included in such proposed change, or of those immediately adjacent on the side and in the rear thereof extending 100 feet, therefrom, and of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such special use permit shall not become effective except by the favorable vote of two-thirds of all members of the Village Board.
(Ord. 2009-04, passed 4-23-2009)