(A) Permit required. Before a building or premises is devoted to any use classified as a special use in this chapter, a special use permit must be granted by the Village Board.
(B) Exhibits. The following exhibits shall be required unless waived by the Planning and Zoning Commission:
(1) The boundary survey and plot plan as required for building permit application; and
(2) Petition of property owners within 250 feet of property in question showing not less than 50% of the owners favoring proposals.
(C) Procedure. The procedure for obtaining a special use permit is as follows:
(1) The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her situation, learn the procedures and obtain an application form.
(2) The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a filing fee in accordance with § 154.211.
(3) The Zoning Administrator shall transmit the application to the Planning and Zoning Commission and shall give notice to the public hearing to all property owners within 250 feet of the outer boundaries of the property in question; however, failure of any property owner to receive the notification shall not invalidate the proceedings.
(4) The Zoning Administrator shall have notice of the public hearing published in the official newspaper.
(5) The Planning and Zoning Commission shall hold the public hearing and shall study the application to determine possible adverse effects of the proposed special use and to determine what additional requirements may be necessary to reduce the adverse effects and within 45 days of filing shall recommend one of three actions: approval, denial or conditional approval.
(6) The Planning and Zoning Commission shall transmit its recommendation to the Village Board for its official action.
(7) The Village Board shall act on the application within 45 days after receiving the recommendation of the Planning and Zoning Commission.
(D) Standards.
(1) A special use permit may be granted by the Village Board after demonstration by evidence that:
(a) 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;
(b) 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;
(c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in this district;
(d) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided;
(e) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and
(f) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(2) The Planning and Zoning Commission may recommend, and the Village Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the requirements specified in this chapter.
(E) Revocation. Where a special use permit has been issued pursuant to the provisions of this chapter, the permit shall become null and void without further action by the Planning and Zoning Commission or the Village Board unless work thereon commences within one year of the date of granting the special use, special use permits shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 12 consecutive months.
(F) Special uses allowed. The schedule of uses, as set forth in the ordinance establishing this chapter, may be allowed as special uses in the districts indicated and in accordance with the provisions of this chapter, and are hereby adopted by reference as if set out in full herein.
(1983 Code, § 9-13-9) (Ord. 09-07, passed 9-8-2009)