(A) Purpose: The development and execution of this 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 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 that use upon neighboring lands and upon the public need for the particular use of the particular location. Such uses fall into two (2) categories:
1. Uses operated by a public agency or publicly regulated utilities, or uses traditionally associated 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) Initiation Of Special Uses: Any person having a right of ownership in or an option to buy any property in the village may request a special use. All applications for special uses shall be filed with the planning and zoning administrator in accordance with the requirements in section 6-3-1, "Application", of this title.
(C) Authority And Execution: The village board, after receiving a recommendation by the plan commission/zoning board of appeals, shall take formal action on special use requests.
(D) Procedure:
1. Acceptance Of Application By Planning And Zoning Administrator: Upon receipt of a complete application, the planning and zoning administrator shall review the application for completeness. The planning and zoning administrator shall schedule the application for an upcoming plan commission/zoning board of appeals agenda for consideration and send the application to other appropriate village departments for review, with any recommendations to be heard at the plan commission/zoning board of appeals public hearing. The planning and zoning administrator may also prepare his/her recommendation on the proposed special use for the plan commission/zoning board of appeals.
2. Action By The Plan Commission/Zoning Board Of Appeals:
(a) The planning and zoning administrator shall forward his/her recommendation and the plan commission/zoning board of appeals shall hold a public hearing in accordance with section 6-3-2, "Public Hearing", of this title within thirty (30) days of the filing of the completed application. Notice for the public hearing shall be in accordance with section 6-3-3, "Public Notice", of this title.
(b) Within thirty (30) days of the close of the public hearing, the plan commission/zoning board of appeals shall forward its findings of fact and recommendation of either approval, approval with conditions, or denial on applications for special uses to the village board.
3. Action By The Village Board: The village board shall consider the application within thirty (30) days of receiving the findings of fact and recommendation from the plan commission/zoning board of appeals. The village board may take action in the form of approval, approval with conditions, or denial on applications for special uses. The village board may also refer the matter back to the plan commission/zoning board of appeals for further consideration.
(E) Standards For Special Uses: The planning and zoning administrator recommendation, plan commission/zoning board of appeals recommendation, and the village board decision, on any special use is a matter of legislative discretion that is not controlled by any one standard. An application for a special use shall not be approved unless the application is determined to be in conformance with each of the following standards, in addition to any specific use standards included in chapter 10, "Use Standards", of this title:
1. The proposed special use is, in fact, a special use authorized in the zoning district in which the property is located.
2. The proposed special use is deemed necessary for the public convenience at that location.
3. The proposed special use does not create excessive additional impacts at public expense for public facilities and services, and will be beneficial to the economic welfare of the community.
4. The proposed use is in conformance with the goals and policies of the comprehensive plan, and all village codes and regulations.
5. The proposed special use will be designed, located, operated, and maintained so as to be harmonious and compatible in use and appearance with the existing or intended character of the general vicinity.
6. The proposed special use will not significantly diminish the safety, use, enjoyment, and value of other property in the neighborhood in which it is located.
7. The proposed special use is compatible with development on adjacent property.
8. The proposed special use minimizes potentially dangerous traffic movements, and provides adequate and safe access to the site.
9. The proposed special use provides the required number of parking spaces and maintains parking areas, in accordance with the requirements of this title.
10. The proposed special use is served by adequate utilities, drainage, road access, public safety, and other necessary facilities.
11. The proposed special use conforms with the requirements of this title and other applicable regulations.
(F) No Presumption Of Approval: The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather each proposed special use shall be evaluated on an individual basis, in relation to the standards in this section, the standards in chapter 10, "Use Standards", of this title and the standards for the district in which it is located. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed.
(G) Conditions On Special Uses: The plan commission/zoning board of appeals may recommend, and the village board may impose, such conditions and restrictions upon the construction, location and operation of a special use. Such conditions must be deemed necessary to comply with the standards set forth in this section, to promote the general objectives of this title, and to minimize or reduce the injury to the value of property in the neighborhood. Such conditions shall be expressly set forth in the ordinance granting the special use. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of such special use approval.
(H) Limitations On Special Uses:
1. Special use approval may become null and void unless a building permit is issued within six (6) months and construction is thereafter diligently pursued to completion, or an occupancy permit is issued and the premises is occupied within ninety (90) days of the date of adoption of the ordinance granting special use approval. After notice to the property owner and an opportunity for a hearing, the village board may terminate the special use. However, the village board may extend this period upon written request from the applicant showing good cause.
2. Special use approval is granted to a specific property and authorizes the conduct of the special use only on the property represented on the application and is not transferable to other properties.
3. The approval of a special use authorizes the use on the property in the manner proposed, but does not in itself authorize the establishment of such use without first obtaining any other required approvals, including a building permit, sign permit, occupancy permit, zoning certificate, and site plan review.
4. Any modification or intensification of a special use that alters the essential character or operation of the use in a way not approved at the time the special use was granted, as evidenced by the record or by the text of this title, shall require new special use approval in accordance with this section.
(I) Fees: Fees shall be established from time to time by resolution of the village board. (Ord. 2006-37, 12-21-2006)