(A) Purpose. The development and execution of this chapter 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 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 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 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.
(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 or denied by the Village Board in accordance with the provisions of this chapter applicable to amendments of this chapter and the regulations and conditions set forth in this chapter for special uses. No application for a special use shall be acted upon by the Village Board until after:
(1) A written report is prepared and forwarded to the Village Board by the Plan Commission in a manner prescribed herein for amendments to this chapter; and
(2) A public hearing has been held by the Plan Commission after due notice by publication as prescribed herein, for amendments, and the findings and recommendations of the Plan Commission have been reported to the Village Board.
(C) Initiation. An application for a special 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 building permit or occupancy certificate.
(D) Processing. An application for a special 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 and amendments.
(1) The Plan Commission shall hold the public hearing and forward its recommendations in the form of a written report to the Village Board within 30 days following the date of public hearing on each application unless it is withdrawn by the petitioner.
(a) That the proposed use at that particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community; and
(b) Such uses will not under the circumstances of the particular case be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or injurious to property values or improvement in the vicinity; and
(c) The proposed use will comply with the regulations and conditions specified in this chapter for such use, and with the stipulation and conditions made a part of the authorization granted by the Village Board of Trustees.
(2) In the case of written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Clerk of the municipality, the amendment shall not be passed except by a favorable vote of two-thirds of all of the Trustees of the village. Any proposed amendment which fails to receive the approval of a majority of the Plan Commission members and is so reported, shall not be passed by the Village Board except by a favorable vote of two-thirds of all the Trustees of the village.
(E) Decisions. The Village Board, upon report of the Plan Commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable statutes of the State of Illinois or may refer it back to the Plan Commission for further consideration.
(Ord. 77-08, passed 6-28-77)