(A) Purpose: This title is based upon the division of the village into districts, within which the use of land, and the uses of bulk of buildings and structures, are substantially uniform. However, within the village generally, or within certain zoning districts, certain uses specified in this title are of a nature requiring special and intensive review to determine whether they should be permitted in specified locations, and to identify the special conditions and safeguards which should be applied if permission is granted in such locations. Special use procedures as provided herein are intended to assure that such review is made and that appropriate conditions and safeguards are attached. Special use procedures shall be applied, and special exceptions granted, only as, and in cases, specified in this title.
(B) Categories: It is recognized that there are special uses which, because of their unique characteristics, can only be properly classified in any particular district or districts upon 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 special uses fall into three (3) 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, public facilities, or the village as a whole; and
3. Uses, either public or private, that because of past or present conditions, need special consideration. (Ord. 99-06, 6-21-1999)
(C) Authority: Special use permits shall be reviewed and heard by the planning commission, but only in accordance with the requirements hereinafter set forth. The planning commission shall make their recommendations to the village board.
(D) Application And Notice Of Hearing: An application for a special use permit shall be filed with the code enforcement officer, who shall forward a copy of the application to the planning commission. The application shall be in such form, contain such information, and be accompanied by such plans, as the village board, planning commission, or code enforcement officer may deem appropriate. Notice of the time and place of such hearing shall be published at least once, not less than fifteen (15) nor more than thirty (30) days before the hearing, in a newspaper of general circulation in the village. The published notice may be supplemented by such additional form of notice as the board may provide by rule. The appellant shall have notified all adjoining owners by certified letter, return receipt requested, at least five (5) days prior to the hearing. The letter shall indicate the time, place and date of the public hearing and give a description of the request. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)
(E) Application Standards: The application shall contain the following information:
1. The extent to which the proposed special use departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimensions, area, bulk, and uses, and the reasons why such departures are deemed to be in the public interest.
2. In what respects the proposed special use meets the requirements and standards of the special use regulations.
3. The method by which the proposed special use makes adequate provisions for public services, provided adequate control over vehicular traffic, provides for and protects designated, common open space and furthers the amenities of light and air, recreation and visual enjoyment.
4. The relationship and compatibility of the proposed special use to adjacent properties and neighborhoods.
5. The desirability of the proposed special use to physical development, tax base and economic well being of the village.
6. The conformity with the intent and spirit of the comprehensive plans of the village. (Ord. 99-06, 6-21-1999)
(F) Recommendation By The Planning Commission: Within sixty (60) days after the close of the hearing, unless the applicant shall have consented to a longer period, the commission shall transmit to the village board a written report giving its findings and recommendations for special use permits issued, and on the restrictions to be imposed upon the premises benefited by the special use permit. Where the special use is denied, the record of the commission shall set forth, and the applicant shall receive notice of, the specific grounds for denial.
(G) Action By The Commission, Findings Required:
1. Before granting any application for a special use, the commission shall make written findings that it is empowered under specified sections of this title to grant the special use and that the granting of the exception will not adversely affect the public interest. The commission shall also make written findings certifying compliance with the specific rules and requirements governing individual special uses, and that, where applicable, satisfactory provision and arrangement has been made concerning the following: (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)
(a) Ingress and egress to the property and proposed structures or uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
(b) Off street parking and loading areas, where required, with particular attention to the items in subsection (G)1(a) of this section.
(c) Refuse and service areas.
(d) Control of noise, glare, odor, or other potentially adverse effects of the proposed use on nearby property, and screening or buffering to alleviate such effects. Control of drainage and erosion.
(e) Utilities, with reference to location, availability and potentially adverse appearance or other effects on surroundings.
(f) Signs and lighting, with reference to glare, traffic safety, and compatibility and harmony with adjoining properties and the character of the area.
(g) Required yards and other open spaces.
2. No special use permit will be granted unless:
(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 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 the district. (Ord. 99-06, 6-21-1999)
3. The special use shall in all other respects conform to the applicable regulation of the district in which it is located, except as such regulations may in each instance be modified by the village board pursuant to the recommendation of the planning commission.
(H) Conditions And Safeguards: The commission may impose such conditions relating to the special use as it may deem necessary in the particular case to protect the public interest, in relation to the items listed at subsection (G)1 of this section and as may otherwise be reasonably necessary, and may require a guarantee or bond to ensure continued compliance with such conditions and continued maintenance of such safeguards. Violations of conditions or safeguards lawfully attached to any special use shall be deemed violations of this title. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)
(I) Special Exceptions Apply To Property, Not Person: When granted, a special exception, together with any conditions or safeguards attached, shall apply to the land, structure or use for which it was issued, and not to a particular person. (Ord. 99-06, 6-21-1999)
(J) Withdrawal Of Application; Rehearing If Withdrawn Or Denied: An application for a special use may be withdrawn at any time, but if withdrawn after the commission has convened the public hearing at which it was to be considered, or if denied by the village board, substantially the same application shall not be considered within twenty four (24) months from the date of the withdrawal or denial. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)