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A. Issuing Authority: The village board is authorized to issue a special use permit for special uses listed in this title and for planned developments, subject to the standards set forth in this title and such conditions as may be imposed pursuant to subsection D of this section. Prior to the issuance of any special use permit, a public hearing shall be held and published notice shall be given in the manner prescribed in subsections 9-3-4C and D of this title.
B. Application For Special Use; Hearing: Any person having a proprietary interest in the premises may file an application for a special use with the zoning official. The application shall be in such number, in such form, and contain such information as the zoning official may prescribe from time to time. The zoning official shall process such application and hearing shall be held in the manner prescribed for amendments by section 9-3-4 of this title.
C. Report Of Hearing To Board Of Trustees: Within thirty (30) days following the hearing, the planning commission shall transmit to the village board a written report giving its findings as to compliance of the proposed special use with the standards governing special uses and giving its recommendations for action to be taken by the village board. (Ord. 2004-10, 6-8-2004)
D. Conditions And Restrictions: The planning commission may recommend and the village board may impose such conditions or restrictions upon the location, construction, design and operation of a special use, including, but not limited to, provisions for off street parking spaces and the duration of such permit, as they shall respectively find necessary or appropriate to secure compliance with the standards set forth in sections 9-13-3 and 9-13-4 of this chapter. (Ord. 2004-10, 6-8-2004; amd. 2005 Code)
E. Board Of Trustees Action: After receiving the recommendations and report of the planning commission, the village board shall, within thirty (30) days, review the recommendations and report and may accept the findings and recommendations of the planning commission in whole or in part or may reject them in whole or in part, or the village board may refer the matter back to the planning commission for further consideration. However, in the event the planning commission recommends against the issuance of a special use permit, then it may be issued only upon the favorable two-thirds (2/3) vote of all of the members of the village board. (Ord. 2004-10, 6-8-2004)