(A) The development and execution of a zoning ordinance or code is based on the division of the village into districts. Within these districts the use of the land and buildings and the location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, as to the impact of those use on neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:
(1) Uses publicly operated or traditionally affected with a public interest; and,
(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 on neighboring properties or public facilities.
(B) Any person owning or having an interest in the subject property may file an application to use the land for one or more of the special uses provided for in this chapter in the zoning district in which the land is situated.
(C) An application for a special use or expansion of a special use shall be filed with the Zoning Administrator and shall be accompanied by those plans, data and fees prescribed by the Planning & Zoning Commission and/or this chapter.
(D) Upon receipt of the application referred to in division (C) above, the Zoning Administrator shall provide notice for a public hearing in accordance with § 159.179.
(E) For each application for a special use permit, the Planning & Zoning Commission shall report to the Village President and Board of Trustees its findings and recommendations, including the stipulations of additional conditions, and guarantees that these conditions will be complied with, when they are deemed necessary for the protection of the public interest. The Village President and Board of Trustees may grant or deny any application for a special use permit.
(F) No special use permit shall be recommended by the Planning & Zoning Commission unless they have found the following to be evident:
(1) The establishment, maintenance, or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
(2) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood;
(3) 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;
(4) Adequate utilities, access roads, drainage, or other necessary facilities have been or are being provided;
(5) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and,
(6) The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as those regulations may in each instance be modified by the Village Board pursuant to the recommendations of the Planning & Zoning Commission.
(Ord. 12-0973, passed 4-4-12)