(A) General. This chapter divides this municipality into various districts, and permits in each district only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other factors. Such “special uses” require careful case-by-case review and recommendation of the Board of Appeals and then final approval by the Village Board. A vote of at least two-thirds of the members of the Village Board is required to pass or deny a special use permit when passage or denial is contrary to the recommendation of the Board of Appeals. There shall be a fee of $150, plus mailing and publication costs.
(B) Applicant. Every applicant for a special use permit shall apply on an application as provided by the Code Official. Then the Code Official shall forward his or her recommendation to the Board of Appeals for further consideration.
(C) Hearing. The Board of Appeals shall hold a public hearing on any application for a special use permit not later than 30 days after its filing. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.
(D) Notice.
(1) Notice of the public hearing shall be given not more than 30 nor less than 15 days before the hearing:
(a) By registered or certified mail to the applicant and to every owner of property adjacent to the premises for which the special use permit is requested; and
(b) By publication in a newspaper of general circulation within this municipality.
(2) This notice shall indicate the time, date, and place of the hearing, the particular location for which the special use permit is requested, and the nature of the proposed special use.
(E) Factors considered. In making its decision, the Board of Appeals shall consider the following factors:
(1) Whether the proposed design, location, and manner of operation of the proposed special use is protective of the public health, safety, and welfare;
(2) The effect the proposal would have on the value of neighboring property;
(3) The effect the proposal would have on this municipality’s overall tax base;
(4) The effect the proposal would have on public utilities and on traffic circulation on nearby streets; and
(5) Whether there are any facilities nearby that require special protection.
(F) Recommendation by Board of Appeals; standards. The Board may recommend in writing at its meeting and transmit to the Village Board a special use permit without further public hearing by simple majority vote, provided that such special use, as conditioned, is:
(1) Protective of the public health, safety, and welfare;
(2) In keeping with the general purposes of this chapter and the village land use and transportation plan; and
(3) Consistent with the characteristics of the general nature of the area in which the special use is to be located.
(Prior Code, § 10-8-2) (Ord. passed 4-19-1999)