(A) 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.
(B) 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.
(C) The "special uses" require careful case-by-case review, and may be allowed only after review and approved by the Board of Zoning Appeals.
(1) 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 or she might have, to the Board of Zoning Appeals. (Note: filing fee required.) Items of information:
(a) Name and address of the applicant;
(b) Name and address of the owner or operator of the proposed structure or use, if different from division (C)(1)(a) above:
(c) Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;
(d) Location of the proposed use or structure, and its relationship to existing uses of structures on adjacent lots;
(e) Area and dimensions of the site for the proposed structure or use;
(f) Existing topography of the side and proposed finished grade;
(g) Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;
(h) Height and setbacks of the proposed structure;
(i) Number and size of proposed dwelling units, if any;
(j) Number and location of proposed parking/loading spaces and access ways;
(k) Identification and location of all existing or proposed utilities, whether public or private; and/or
(l) Any other pertinent information that the Administrator may require.
(2) Public hearing, notice.
(a) 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 it. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney.
(b) 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 the applicant and to all parties whose property would be directly affected by the proposed special use; and
2. By publication in a newspaper of general circulation within the village.
(3) Decision-making factors. In deciding what action to take on any application for a special use permit, the Board of Zoning Appeals shall consider and make findings of fact regarding the following factors:
(a) 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;
(b) Whether the proposed special use is consistent with the village community plan;
(c) The effect the proposed special use would have on the value of property in the immediate vicinity and on the village's overall tax base;
(d) The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and
(e) Whether there are any facilities near the proposed special use (such as schools, homes for the elderly) that require special protection.
(4) Decision; findings of facts. The Board of Zoning Appeals shall reach a decision on every special use permit application within a reasonable time after public hearing. In accordance with state law (ILCS Ch. 65, Act 5, § 11-13-11), the Board of Zoning Appeals shall specify the terms/conditions of the permit to be granted (if any) in one statement and their findings of fact in another statement. The findings of fact shall be responsive to the decision-making factors listed in the preceding division and shall clearly indicate the Board's reasons for granting (with or without modifications/conditions) or denying the requested special use permit.
(1994 Code, § 40-10-4)