(A) Purpose. The development and execution of this chapter is based upon the division of the village into districts. Within each district the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are specific uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without 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 uses may be either public or private, and are 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.
(B) Initiation. An owner of the subject property or other person expressly authorized by the owner in writing may file an application to use such land for one or more of the special uses provided for in this chapter within the zoning district in which the land is situated or to change an existing special use.
(C) Authority and execution. The Village Board, after receiving a recommendation from the Planning and Zoning Commission, shall take formal action on special use requests.
(D) Procedure. An application for a special use shall be filed with the Zoning Administrator. All applications for a special use shall be filed in accordance with the requirements in § 153.041. Once it is determined that the application is complete, the Zoning Administrator shall schedule the application for consideration by the Planning and Zoning Commission.
(1) Action by the Planning and Zoning Commission.
(a) The Planning and Zoning Commission shall conduct a public hearing on a proposed special use in accordance with § 153.043 no more than 60 days from receipt of a complete application. Notice for the public hearing shall be in accordance with § 153.042. If, in the Planning and Zoning Commission’ judgment, the application does not contain sufficient information to enable the Board to properly discharge its responsibilities, the Board may request additional information from the applicant. In that event, the 60-day period shall be suspended pending receipt of all requested information and/or the public hearing may be continued.
(b) Within 60 days of the close of the public hearing, the Planning and Zoning Commission shall forward its recommendation to the Village Board, together with the minutes of the hearing.
(c) The Planning and Zoning Commission shall make findings, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in division (E) below. The Planning and Zoning Commission shall recommend either approval, approval with conditions, or denial.
(d) Every special use shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the special use, which shall remain part of the records of the Planning and Zoning Commission.
(2) Action by the Village Board. The Village Board shall consider the special use within 60 days of receipt of the Planning and Zoning Commission’ recommendation. In granting any special use, the Village Board may require such evidence and guarantees, as it may deem necessary, to assure compliance with the stipulated conditions. The Village Board may refer the application back to the Planning and Zoning Commission for further consideration.
(3) Conditions on special uses. The Planning and Zoning Commission may recommend, and the Village Board may impose, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as may be deemed necessary for the protection of the public interest.
(E) Approval standards for special uses. No special use shall be recommended for approval by the Planning and Zoning Commission and approved by the Village Board unless they have made findings, based upon the evidence presented at the public hearing, to support each of the following conclusions:
(1) The establishment, maintenance and operation of the special use in the specific location proposed will not endanger the public health, safety or general welfare of any portion of the community.
(2) The proposed special use is compatible with adjacent properties and/or other properties within the immediate vicinity of the special use.
(3) The special use in the specific location proposed is consistent with the spirit and intent of this chapter and the Comprehensive Plan.
(F) No presumption of approval. The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each proposed special use shall be evaluated on an individual basis, in relation to all applicable standards of this chapter. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed.
(G) Revocation of special use permit. A special use permit may be revoked by the Village Board after a finding of the existence of any one of the following conditions or of the occurrence of any of the following events:
(1) The operation of the use for which a special use permit has been issued ceases for a continuous period of 180 days.
(2) The licenses or permits required for the operation or maintenance of the use are not obtained or are subsequently terminated.
(3) Any of the provisions of this section or chapter, or any of the terms and conditions of the special use permit are violated.
(4) A building permit for the construction of the structure(s) for which a special use permit was granted is not issued, through no fault of the village, within one year of the granting of the special use permit by the Village Board and construction is not completed within two years of the granting of the special permit by the Village Board.
(H) Limitations on denials. No application for a special use, which has been denied by the Village Board, shall be reconsidered for a period of one year from that date of denial, as described in § 153.041(F).
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18)