(A) Purpose. The development and execution of the Zoning Ordinance is based upon the division of the village into districts, within any one of which the use of land, buildings, and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those districts without consideration, in each case, of the impact of those use. upon neighboring lands and upon public need for the particular use of the particular location. Such special uses fall into two categories:
(1) Uses operated by a public agency or publicly-regulated utilities, or uses traditionally affected with a public interest.
(2) Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(B) Initiation. A written petition for a special use may be made by any person, firm, or corporation who is the owner of real estate for which such special use is sought, requesting or intending to request application for a special use.
(C) Processing.
(1) A petition for a special use in the form attached to this chapter as Exhibit C shall be filed with the Zoning Administrator. Such petition shall be forwarded by the Zoning Administrator to the Planning Commission with a request to hold a public hearing. Notice shall be given of the petition, the relief requested therein, the name of the petitioner and the time and place of the hearing (a) by posting on the applicant's land not less than ten days prior to the hearing, and (b) by publishing a notice thereof at least once in one or more newspapers in general circulation within the village not more than 30 days nor less than 15 days prior to the hearing, and (c) by mailing a written notice before the hearing to the owners of the properties located adjacent to the location for which the special use is requested. Failure to comply with (a) and (c) shall not void the special use.
(2) The Planning Commission shall make a finding on the request and shall submit a recommendation to the Village Board for decision.
(D) Findings. Before any special use shall be recommended to the Village Board, the Planning Commission shall make written findings certifying that the special use:
(1) Is proposed to be operated, designed, and located so that the public health, safety and welfare will be protected; and
(2) Will not cause substantial injury to the value of other property in the vicinity in which it is located.
(E) Decisions. The Village Board, after receiving the finding and recommendation and minutes of the Planning Commission and without further public hearing, may grant or deny by majority vote the proposed special use or may refer it back to the Planning Commission for further consideration.
(Ord. 96-54, passed 3-26-96)