A. Purpose; Use Categories: The development and execution of this title is based upon the division of the village into zoning districts, within any one of which the use of land and use of buildings are essentially uniform. However, certain uses, because of their unique character, cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring lands and upon the public need for the particular use at the particular location. Such uses fall into two (2) categories:
1. Uses operated by a public agency or publicly regulated utilities or uses traditionally affected with a public interest; and
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 upon neighboring property or public facilities.
B. Authority: Special uses shall be authorized by the board of trustees after a hearing before the zoning board of appeals/plan commission in accordance with the Illinois statutes and standards set forth in this title for special uses. (1965 Code title 6 § 602.7)
C. Application For Special Use: An application for a special use shall be filed with the zoning administrator along with an application fee as provided in section 13-3-8 of this chapter. Said application shall contain the following information: (1965 Code title 6 § 602.7; amd. 2009 Code)
1. The name, address and phone number of the applicant, the owner of the property, if different, and the applicant's attorney or representative, if any;
2. The legal description, common address and permanent index number of the property;
3. A description of the existing use of the property;
4. The zoning district in which the property is located;
5. Description of the proposed special use;
6. An architectural sketch, and either a dimensioned site plan or plat showing the location of all buildings, parking areas, traffic access and circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards; and
7. A brief summary of the factual evidence upon which the applicant will rely to show that the standards for a special use are met.
D. Hearing And Standards: The zoning administrator shall forward the application to the zoning board of appeals/plan commission to conduct a public hearing. In deciding whether or not to recommend granting the special use to the village board, the zoning board of appeals/plan commission shall take into consideration the extent to which the proposed use:
1. Will be harmonious with and in accordance with the general objectives of the comprehensive plan and this title;
2. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity;
3. Will not change the essential character of the general vicinity;
4. Will not be hazardous or disturbing to existing or future neighborhood uses; and
5. Will not cause substantial injury to the value of other property in the neighborhood in which it is located.
E. Conditions Of Approval: The zoning board of appeals/plan commission may recommend and the village board may impose such conditions and restrictions upon the property benefited by the special use as they deem necessary to assure compliance with other provisions of this title, or to reduce or minimize the effect of such special use upon other property in the neighborhood, or to implement the general purpose and intent of this title. Said conditions or restrictions may include variations from the bulk requirements of this title.
F. Findings Of Fact, Recommendations And Approval: Within a reasonable time after the public hearing, the zoning board of appeals/plan commission shall report its findings of fact and recommendations to the board of trustees in writing. Upon receipt of the findings of fact and recommendations, the board of trustees, by ordinance, without further public hearing, may authorize or deny an application for a special use in accordance with Illinois statutes or it may refer the application back to the zoning board of appeals/plan commission for further consideration.
G. Specific Special Use Permits:
1. Group Homes: Review and approval of a special use permit for a group home need not take into consideration the standards in subsection D of this section. Said review and approval shall be based principally on whether the structure and facilities sought to be used for a group home are physically adequate for the number of proposed residents and their particular disability(ies) and whether the structure or facility meets subsection D2 of this section.
2. Facilities Operating Under 415 Illinois Compiled Statutes 5/22.38, "Facilities Accepting Exclusively General Construction Or Demolition Debris For Transfer, Storage Or Treatment":
a. In addition to the requirements of this section, including that of the submission of a site plan, applicants seeking a special use permit to operate a facility under 415 Illinois Compiled Statutes 5/22.38 shall submit a plan of operations demonstrating traffic flow and the manner in which the debris shall be received and accepted, processed, stored and made ready for transport to end markets.
b. The village may permit a facility with a boundary less than one thousand three hundred twenty feet (1,320') from the nearest property zoned for primarily residential use.
c. All special use permits granted hereunder shall be conditioned upon compliance with the requirements of 415 Illinois Compiled Statutes 5/22.38, as now existing or hereafter amended, and all administrative regulations promulgated thereunder. All special use permits granted hereunder shall also be conditioned upon compliance with all performance standards of the I-1 district, unless modified as a condition of the special use permit. (1965 Code title 6 § 602.7)