(A) Special use permits. This chapter divides the village into various districts, and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation and other factors. Such special uses require careful case-by-case review, and may be allowed only after review and approved by the Board of Zoning Appeals.
(B) Application. Every applicant for a special use permit shall submit to the Zoning Administrator in narrative and/or graphic form, the items of information enumerated below. The Administrator shall promptly transmit the completed application, together with any comments or recommendation he might have, to the Board of Zoning Appeals. (Note: Filing fee required.) Items of information are as follows:
(1) Name and address of the applicant;
(2) Name and address of the owner or operator of the proposed structure or use, if different from division (B)(1) above;
(3) Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;
(4) Location of the proposed use or structure, and its relationship to existing uses of structures on adjacent lots;
(5) Area and dimensions of the site for the proposed structure or use;
(6) Existing topography of the site and proposed finished grade;
(7) Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;
(8) Height and setbacks of the proposed structure;
(9) Number and size of proposed dwelling units, if any;
(10) Number and location of proposed parking/loading spaces and access ways;
(11) Identification and location of all existing or proposed utilities, whether public or private; and/or
(12) Any other pertinent information that the Administrator may require.
(C) Public hearing; notice. The Board of Zoning Appeals shall hold a public hearing on every special use permit application within a reasonable time after the application is submitted to them. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed special use shall be given not more than 30 nor less than 15 days before the hearing:
(1) By first class mail to applicant and to all parties whose property is within 250 feet of the lot line of the proposed special use; and
(2) By publication in a newspaper published within this village.
(D) Advisory report, factors considered. Within a reasonable time after the public hearing, the Board of Zoning Appeals shall submit their advisory report to the village. In deciding what their advice should be, the Zoning Board of Appeals shall consider the following factors:
(1) Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety, and welfare, and the physical environment;
(2) Whether the proposed special use is consistent with this municipality's comprehensive plan, if any;
(3) The effect the proposed special use would have on the value of neighboring property and on this municipality's overall tax base;
(4) The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and
(5) Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.
(E) Action by Village Board. The Village Board shall act on every request for a special use permit at their next regularly scheduled meeting following submission of the Board of Zoning Appeals advisory. A village ordinance will be passed for approved special use permits.
(Ord. 491, passed 6-16-86)