(A) Procedure.
(1) In applying for a special use, the applicant shall follow all procedures required for zoning permits (see Section 9-13-2). The Zoning Enforcement Officer shall refer the application to the Planning Commission. The Planning Commission shall, after careful review of the application, and after holding a public hearing in accordance with state statutes, make a recommendation to the Village Board, which may approve, modify or disapprove the application. In the case of approval or approval with modification, the Village Board shall issue written authorization to the Zoning Enforcement Officer to issue a special use permit. This authorization shall remain on permanent file with the application. The Village Board may from time to time attach special conditions to ensure conformance with the intent of all comprehensive plan elements. The Village Board may establish a schedule of reasonable fees to be charged for special use permits.
(2) The special use shall, in all other respects, conform to the applicable regulations of the zoning district in which it is located, except as such regulations may be modified by another provision of this chapter, or by the Village Board.
(B) Special uses in all districts. The following are designated as special uses which may be approved in all zoning districts: public utility and service uses such as electric substations; gas regulator stations; telephone transmission structures; radio; TV and microwave relay towers; water reservoirs; pumping stations; waste water treatment facilities; government buildings; transportation facilities; planned unit developments and similar uses.
(C) Special uses in specified districts. Other special uses may be approved in only those zoning districts where they are designated as special uses under the zoning district regulations.
(D) Standards for decisions and recommendations of the Village Board and Planning Commission include:
(1) The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(2) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish property values within the neighborhood;
(3) The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(4) Adequate utilities, access roads, drainage or necessary facilities have been or will be provided;
(5) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion in the public streets; and
(6) No special use permit shall be recommended by the Planning Commission or approved by the Village Board unless there is a concurring vote of the majority of all members present which must, at minimum, comprise a quorum.
(Prior Code, § 9-10-3) (Ord. 2002-4, passed 3-18-2002)