A. Purpose: The development and execution of the zoning title is based upon the division of the village into districts within any one of which the use of land and buildings and the bulk and location of the buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are conditional permitted uses which, 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 public need for the particular use of the particular location. Such conditional permitted 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.
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:
1. Conditional permitted uses shall be authorized or denied by the village board in accordance with the regulations and condition set forth in this title for conditional permitted uses.
2. No application for a conditional permitted use shall be acted upon by the village board until after:
a. A written report is prepared and forwarded to the village board by the plan commission in a manner prescribed herein for amendments to this title; and
b. A public hearing has been held by the plan commission after due notice by publication as provided by the applicable statutes of the state for amendments, and the findings and recommendations of the plan commission have been reported to the village board.
C. Initiation: An application for a conditional permitted use may be made by any person, firm or corporation or by an office, department, board, bureau or commission requesting or intending to request a zoning certificate.
D. Processing: An application for a conditional permitted use, in such form and accompanied by such information as shall be established from time to time by the plan commission, shall be filed with the village clerk and thereafter processed in the manner prescribed heretofore for applications for amendments.
E. Decisions:
1. The village board, upon report of the plan commission and without further hearing, may authorize or deny an application for a special use in accordance with the statutes of the state applicable to amendments, or may refer it back to the plan commission for further consideration.
2. No conditional permitted use shall be authorized by the village board unless the conditional permitted use:
a. Is deemed necessary for the public convenience at that location;
b. Is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected; and
c. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. (Ord. 93-11, 6-14-1993)