(A) Purpose. This chapter is based upon the division of the village into districts, within which the uses of land, and the uses and bulk of buildings and structures, are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, can only be properly classified in any particular district or districts upon consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:
(1) Uses publicly operated or traditionally affected with a public interest; and
(2) Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property, public facilities or the village as a whole.
(B) Authority. Special uses permits may be granted by the Village Board, but only in accordance with the requirements hereinafter set forth.
(C) Application and notice of hearing. An application for a special use permit shall be filed in duplicate with the Village Clerk, who shall forward a copy of the application to the Planning and Zoning Commission without delay. The application shall be in such form, contain such information, and be accompanied by such plans, as the Planning and Zoning Commission may by rule require. The Planning and Zoning Commission shall hold a public hearing on such application not more than 60 days after its filing. Notice of the time and place of such hearing shall be published at least once, not more than 30 days nor less than 15 days before the hearing, in a newspaper of general circulation in the village. The published notice may be supplemented by such additional form of notice as the Planning and Zoning Commission may provide by rule.
(D) Report. Within 60 days after the close of the hearing, unless the applicant shall have consented to a longer period, the Planning and Zoning Commission shall transmit to the Village Board shall a written report giving its findings and recommendations for action to be taken by the Village Board on the application. The report shall include any recommended conditions or restrictions to be imposed upon the premises benefitted by the special use permit.
(E) Standards.
(1) No special use permit may be granted unless:
(a) The proposed use is designated by this chapter as a special use in the district in which the use is to be located.
(b) The proposed use will comply with all applicable regulations in the district in which the use is to be located.
(c) The location and size of the proposed use, the nature and intensity of the operation involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
(d) The location, nature and height of buildings, walls and fences, and the nature and extent of the landscaping on the site are such that the use will not unreasonably hinder or discourage the appropriate development and use of adjacent land and buildings.
(e) Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining uses, and the entrance and exit drives will be laid out so as to prevent traffic hazards and nuisances.
(f) The proposed use will not cause substantial injury to the value of other property in the neighborhood.
(g) Conditions in the area have substantially changed, and at least one year has elapsed since any denial by the Village Board of any prior application for a special use permit that would have authorized substantially the same use of all or part of the site.
(2) The Village Board shall impose such conditions and restrictions upon the premises benefitted by a special use permit as may be necessary to assure compliance with the above standards, to reduce or minimize the effect of such permit upon other properties in the neighborhood, and to better carry out the general intent of this chapter. Failure to comply with such conditions or restrictions shall constitute a violation of this chapter.
(F) Effective period. No special use permit shall be valid for a period longer than one year from the date it is granted unless a building permit or certificate of occupancy is obtained within such period, or the use is commenced within such period. Extensions may be granted by the Village Board for up to one year, upon written application and good cause shown, without notice or hearing. If any special use is abandoned, or is discontinued for a continuous period of six months, the special use permit for such use shall become void, and such use shall not thereafter be reestablished unless a new special use permit is obtained.
(G) Decision. The Village Board, upon report of the Planning and Zoning Commission and without further public hearing, may grant or deny any proposed special use in accordance with applicable state statutes, or may refer it back to the Planning and Zoning Commission for further consideration.
(Ord. 95, passed 4-5-71; Am. Ord. 1995, passed 11-18-19)