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A. Purpose: The development and execution of this ordinance is based upon the division of the village into districts. Within these districts, the use of land and buildings, bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts. In such cases, consideration is required of the impact of those uses upon neighboring land and of the public need for the particular use on the particular location. Such special uses fall into two (2) categories:
1. Uses publicly operated or traditionally affected with a public interest.
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 or public facilities. (Ord. 89-54, 6-26-1989)
B. Hearings On Petitions: The plan commission shall conduct a public hearing on the petition for a special use at the time and place stated in the notice. The village staff shall make a report and recommendation to the plan commission on or before the date for the public hearing.
C. Standards: No special use shall be recommended by the plan commission unless they shall find:
1. That 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. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
3. That 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. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
6. That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the village board of trustees.
D. Recommendation And Adoption For Special Use:
1. Plan Commission: The plan commission shall make written findings of fact and shall submit this, together with its recommendation, including stipulations of additional conditions and guarantees, when they are deemed necessary for the protection of the public interest.
2. Village Board Of Trustees: The village board of trustees may grant or deny any application for a special use after receiving the report of the plan commission except, in case of written protest against any application for a special use signed and acknowledged by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley from the property proposed for special use or by the owners of twenty percent (20%) of the frontage directly opposite such property, the Village Board of Trustees shall not grant the special use except by a favorable vote of two-thirds (2/3) of all members of the Village Board of Trustees. (Ord. 2009-18, 8-11-2009)
3. Temporary Uses: In certain instances where an exigent circumstance exists, or where temporary use of property is of considerable benefit toward enhancing commercial development in the Village without significant impairment of the rights of surrounding landowners, a special use permit may be authorized for temporary use of property in a zoning district for a purpose that is neither permitted in that zoning district nor allowed as a special use. Such a temporary use shall only be allowed as a special use after compliance with this section, and the Planning and Zoning Commission shall find in addition to the findings of subsection C of this section, that the temporary use is necessary to avert a circumstance that would be greatly detrimental to the economic well-being of the applicant with little detriment to the public or surrounding landowners. (Ord. 2018-31, 7-10-2018)
E. Transferability Of Special Uses: If a special use is granted to an applicant for a certain property and the property or an interest therein is transferred so that a new entity will engage in the use, then the special use may be deemed to be transferred to the new entity, provided that: 1) the new entity shall file a written application for transfer of the special use and shall appear at a meeting of the Board to answer any questions related to the application; and 2) the new entity shall agree in writing to be bound by any and all conditions and restrictions related to the special use at the time the special use is approved for transfer. If the Village Board finds that the standards of subsection C of this section are met if the special use is transferred, then the Village Board may adopt an ordinance approving the transfer. Nothing contained herein shall be deemed to extend the time of a special use beyond the period for which it was originally granted, and any business license granted to a holder of a special use or transferee shall only be deemed to be valid until such time as the special use expires.
F. Abandonment Of Special Use: If the holder of a special use or its transferee has not engaged in the use on the property for a period of twelve (12) months any time after the special use was granted, then the special use shall be deemed to have been abandoned and shall not thereafter be transferable or engaged in by the holder or its transferee on the property. (Ord. 2012-08, 4-10-2012)
G. Revocation Of Special Use: If the Corporate Authorities find that the holder of a special use has failed to comply with the conditions of a special use, or if a public nuisance has resulted from the use as authorized by a special use, then the Corporate Authorities may revoke the special use after mailing notice of the findings to the holder of the special use at his last known address, or if unknown, by posting notice of the findings on the premises. Such notice shall provide that the holder of the special use is entitled to a hearing before the Village Board, to be conducted within fourteen (14) days after the date of mailing or posting. The decision of the Village Board shall be final, and if a special use is revoked, then no further short term housing rental shall be permitted on the property for which it had been granted. (Ord. 2015-44, 10-13-2015)