A. Purpose: In order to accomplish the general purpose and intent of this title, certain uses in each zoning district are classified as special uses. Because of their unique characteristics, such uses often require larger land areas or need specific regulations to achieve compatibility with existing development. The effects of such uses cannot normally be foreseen until a specific site is proposed. These uses then must be given careful consideration relative to the existing and proposed development in the area. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)
B. Standards: Standards for planned unit developments are contained in chapter 8 of this title. A special use other than a planned unit development shall be authorized only when the planning and zoning board shall find all of the following: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)
1. Compatible With Existing Development: The nature and intensity of the activities involved and the size and placement of any structures proposed will be so planned that the special use will be compatible with the existing development and will not impede the normal and orderly development and improvement of surrounding property.
2. Lot Of Sufficient Size: The size of the lot will be sufficient for the use proposed.
3. Traffic: The location of the special use within the village will be such that adverse effects on surrounding properties will be minimal, particularly regarding the traffic generated by the special use.
4. Parking And Access: Parking areas will be of adequate size for the particular use and properly located, and the entrance and exit drives will be laid out so as to prevent traffic hazards and nuisances.
5. Effect On Neighborhood: In all respects, the special use will not be significantly or materially detrimental to the health, safety and welfare of the public or injurious to the other property or improvements in the neighborhood, nor will it diminish or impair property values in the surrounding area.
6. Adequate Facilities: That adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.
7. Adequate Buffering: Adequate fencing and/or screening shall be provided to ensure the enjoyment of surrounding properties, to provide for the public safety or to screen parking areas and other visually incompatible uses. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)
C. Additional Special Use Standards:
1. Alcoholic Beverage Sales And Service: The planning and zoning board shall consider and make findings that the subject site's location: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)
a. Relative to existing or planned churches, synagogues, temples or other places of worship will not adversely impact on the use and function of said places of worship.
b. Relative to existing public and private elementary, junior high schools, high schools and nursery schools will not adversely impact on the use, function or pupils of said institutions.
c. Relative to the proximity of automobile service stations is consistent with village policy and will not have an adverse impact on the health, safety or general welfare of the public. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)
2. Commercial Communication Towers: The planning and zoning board shall consider and make findings that the subject site's location: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)
a. Relative to existing or planned churches, synagogues, temples or other places of worship will not adversely impact on the use and function of said places of worship. No commercial communication tower shall be located within five hundred (500) linear feet of any zoning lot containing existing or planned churches, synagogues, temples or other places of worship.
b. Relative to the proximity of residential structures will not have an adverse impact on the health, safety or general welfare of the public. No commercial communication tower shall be located within five hundred (500) linear feet of any zoning lot containing existing residential structure(s).
c. Will be adequately screened and secured so as to minimize any potential adverse impact on adjacent uses and safeguard the health, safety and general welfare of the public. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)
3. Signs: The planning and zoning board shall consider and make findings that the subject site's location:
a. Will serve the public convenience and not merely serve as a convenience to the petitioner at the location of the subject sign; or that the establishment, maintenance or operation of the special use will not be detrimental to or endanger the visibility, public safety, comfort or general welfare;
b. Will be in harmony and scale with the architecture of the building(s) in the development and with other signs in the immediate vicinity;
c. Will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted; nor substantially diminish and impair other property values within the immediate vicinity; nor impair the visibility of adjacent signs;
d. The nature, location and size of the sign(s) involved with the establishment of the special use will not impede, substantially hinder, or discourage the installation of signs on adjacent property in accordance with the village sign ordinance; and
e. Shall in all other respects conform to the applicable regulations of the village sign ordinance except as such regulations may, in such instance, be modified as provided by this chapter.
4. Video Gaming: The Planning and Zoning Board shall consider and make findings that the subject site’s location:
a. Relative to the proximity of other existing video gaming establishments:
(1) No video gaming establishment shall be located closer than five hundred (500) feet to an existing video gaming establishment, measured front door to front door.
(2) No video gaming establishment shall be permitted within a multi-tenant building where the building’s leasable floor area is less than five thousand (5,000) square feet.
(3) Only one (1) video gaming establishment shall be permitted within a multi-tenant building or shopping center.
5. Additional Special Use Standards:
a. Relative to the location of any adult-use cannabis dispensaries:
(1) No adult-use cannabis dispensary shall be located closer than five hundred (500) feet to an existing residential zoning district, measured from the front door of the dispensary to the closest edge of the residentially zoned property line.
(2) No adult-use cannabis dispensary shall be located within one thousand five hundred (1,500) feet of the property line of a pre-existing adult- use cannabis dispensary.
b. A maximum of two (2) adult use dispensaries shall be permitted within the village at any time.
c. On-site consumption of any cannabis product is strictly prohibited.
d. Adult-use cannabis craft growers, cultivation centers, infusers, processors and transporters are strictly prohibited.
e. At least eighty-five percent (85%) of an adult-use cannabis dispensary’s floor area shall be devoted to the activities of the dispensary as authorized by the Adult-Use Cannabis Act. Any request for a reduction in the floor area percentage shall be evaluated as part of the special use request.
f. For purposes of determining required parking, an adult-use cannabis dispensary shall be classified as a retail store pursuant to Section 11-9-3-5 of the Zoning Ordinance; provided however that the village may require that additional parking be provided as a result of the analysis completed through the special use process.
g. An adult-use cannabis dispensary shall not conduct any sales or distribution of cannabis other than as authorized by the Adult-Use Cannabis Act.
h. No adult-use cannabis dispensary nor any other person or entity shall place or maintain, or cause to be placed or maintained, an advertisement of cannabis or cannabis-infused product in any form or through any medium:
(1) Within one thousand (1,000) feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade to which admission is not restricted to persons twenty-one (21) years of age or older; or
(2) On or in a public transit vehicle or public transit shelter; or
(3) On or in publicly owned or publicly operated property.
i. Each adult-use cannabis dispensary shall prohibit any person who is not at least twenty-one (21) years of age from entering the dispensary, except for cardholders granted medical access under the Medical Cannabis Act over eighteen (18) years of age, whose access shall be limited to the medical cannabis dispensing area only. Adult-use dispensaries shall not employ anyone under the age of twenty-one (21). Access to the dispensary shall be limited exclusively to dispensary staff and those specifically authorized under the Adult- Use Cannabis Act.
D. Application For A Special Use:
1. Standing: Application for a special use may be made by the village, the owner of the subject property or anyone having proprietary interest in the subject property.
2. Filing: Applications shall be filed with the community development director and shall be accompanied by such documents and information deemed necessary by the director. This information may include, but is not limited to, a legal description of the subject property, proof of ownership and if the land is held in trust, disclosure of all beneficial interest.
3. Fees: Each application for special use shall be accompanied by a filing fee as set forth from time to time by the village board. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)
E. Public Hearing: The planning and zoning board shall, within sixty (60) days of receiving a complete application for a special use, hold a public hearing, pursuant to the following: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)
1. Public Notice: Public notice shall be made as follows:
a. By Applicant: The applicant shall provide notification of the hearing by certified mail or personal service to each owner of property within two hundred fifty feet (250') of the subject property, by submitting the signed, mailed cards or electronic verification of signatures, at the time of the hearing. Such notice shall be given not more than thirty (30) days nor less than fifteen (15) days before the hearing.
b. By Village: The village clerk shall publish notice at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the village.
2. Content Of Notice: The public notices provided by the applicant and published by the village clerk shall contain, at a minimum, the following:
a. Date, place and time of hearing.
b. Purpose of hearing.
c. Legal description of the subject property.
d. Common address of the subject property. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)
3. Lack Of Quorum: In the event the noticed date and time of the hearing must be changed, because of a lack of quorum by the planning and zoning board, the item so noticed shall be immediately transferred to the next regularly scheduled planning and zoning board meeting, which date and time shall be posted at the noticed place of the hearing, without renotification in the newspaper or by mail or personal service.
F. Recommendation Of The Planning And Zoning Board:
1. Timing: Within sixty (60) days after the close of the hearing on a proposed special use, the planning and zoning board shall forward written findings of fact and a recommendation regarding the application to the board of trustees.
2. Standards: The planning and zoning board's recommendation shall be consistent with the objectives and intent of this title and shall refer to specific zoning district standards as a guide to the establishment of requirements for each special use.
3. Conditions: The planning and zoning board may recommend such conditions or restrictions upon the location, construction, design and operation of a special use as they shall find necessary and appropriate to assure compliance with the requirements set forth in subsection B of this section, and the objectives and intent of this title. These conditions may include, but are not limited to, regulations regarding landscaping, signage, adequate drainage of stormwater, exterior lighting, fence height and the duration of the special use.
G. Action By The Board Of Trustees:
1. Decisions: The board of trustees shall consider the findings of fact received from the planning and zoning board in terms of the impact on the village as a whole.
2. Condition Of Approval:
a. Conditions: The board of trustees shall stipulate, upon the recommendation of the planning and zoning board, such conditions and restrictions as deemed necessary for the protection of public interest and to secure compliance with the standards enumerated above. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)
b. Guarantees: The board of trustees may require such evidence and guarantees as it may deem necessary to ensure compliance with the stipulated conditions.
c. Review: The board of trustees may stipulate that all such conditions and restrictions may be modified or revised from time to time by the board of trustees following notice and hearing. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)
3. Effect Of Denial Of Special Use: No application for a special use which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one year from the date of the decision, except on the grounds of new evidence or proof of changed conditions found to be valid by the planning and zoning board and the board of trustees. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)
4. Time Limits: A special use shall become null and void if not established or actively pursued within one year of the date of approval, except for a planned unit development as provided in chapter 8, "Planned Unit Developments", of this title.
(Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2019-44, 12-19-2019)