(A) Purpose. The development and execution of the Zoning Code is based on the division of the village into districts, within any one of which the use of land and 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 into any particular district or districts without consideration in each case of the impact of those uses on neighboring lands, and on the 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; or
(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 on neighboring property or public facilities.
(B) Authorization. Special uses shall be authorized only by the Village Council, provided that no application for a special use shall be acted on by the Village Council until after a public hearing is scheduled and notice posted, and thereafter held by the Planning Commission and its findings and recommendations are reported to the Village Council.
(C) Application. An application for special use shall be filed with the Village Council. The application fee for requesting a special exception permit shall be $250 per application, plus actual costs incurred by the village for processing such application. Accordingly, an additional $250 refundable deposit shall be made for the anticipated costs of processing the special permit application. The Village Council shall process such applications in the manner prescribed herein for amendments to this chapter.
(D) Standards. No special use shall be granted by the Village Council unless the special use:
(1) Is deemed necessary for the public convenience at that location;
(2) Is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected; and
(3) Will not cause substantial injury to the value of other property in the neighborhood in which it is located.
(E) Conditions. The Planning Commission may recommend and the Village Council may provide such conditions and restrictions on the construction, location, and operation of a special use, including, but not limited to, location of points of vehicular ingress and egress, off-street parking and loading, and building setbacks, as may be deemed necessary to promote the general objectives of this chapter, and to minimize any injury to the value of property in the neighborhood. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of the permit for such special use.
(F) Expiration of a special exception. Unless otherwise specified by the Council, a special exception shall expire if the applicant fails to obtain a building permit or use and occupancy permit, as the case may be, within six months from the date of authorization thereof.
(1995 Code, § 153.216) (Ord. 68-15, passed 8-22-1968; Am. Ord. 2016-O-6, passed 6-13-2016)