A. Jurisdiction. Except as provided in Sections 17.56.067, 17.58.080 and 17.58.100, the Plan Commission shall conduct public hearings regarding all special use applications received by the Village and shall have exclusive jurisdiction to conduct public hearings regarding special use applications received by the Village for properties located within the C-2 Commercial Overlay District, and special use applications received by the Village for large lot consolidations pursuant to Sections 17.30.010H and 17.30.020F. No board or commission of the Village other than the Plan Commission shall, before the Village Council's review and decision in accordance with Section 17.56.070 of this Zoning Ordinance, conduct a public hearing, hold a meeting, or otherwise review special use applications for properties located within the C-2 Commercial Overlay District; provided, however, that the Planned Development Commission shall, in accordance with Section 17.56.067 and Chapter 17.58 of this title, conduct public hearings regarding all applications for a planned development and applications for special uses that are filed concurrently with an application for a planned development, whether or not the proposed planned development is located within the C-2 Commercial Overlay District. No board or commission of the Village other than the Plan Commission shall, before the Village Council’s review and decision in accordance with Section 17.56.070 of this Zoning Ordinance, conduct a public hearing, hold a meeting, or otherwise review special use applications required for large lot consolidations pursuant to Sections 17.30.010H and 17.30.020F; provided, however, that if the special use application also includes a zoning variation request on the subject lot, the Zoning Board of Appeals will continue to have jurisdiction over the zoning variation request as provided in Chapter 17.60.
B. Evidentiary Hearing. The Plan Commission shall receive evidence and sworn testimony on behalf of the applicant and any other interested persons, in the manner provided by rules of the Plan Commission. For purposes of this subsection, interested persons shall include any person who is entitled to receive mail notice pursuant to subsection C of Section 17.56.040 and any person entitled to submit a written protest pursuant to Section 17.56.050. The Plan Commission shall have the authority to require that the applicant submit such additional plans and data as the Plan Commission may determine are necessary to establish that the application meets and complies with all applicable provisions of this Zoning Ordinance.
C. Findings and Recommendation. The Plan Commission shall forward a written copy of its findings of fact, minutes, and recommendation to the Village Council for consideration by the second regular meeting of the Village Council following the close of the public hearing. The recommendation shall be consistent with the purpose and intent of this title and shall specify, in a conclusion or statement, any stipulations, restrictions or conditions, including but not limited to the operation of the special use, which the Plan Commission deems necessary to assure compliance with this title and the protection of the public health, safety, comfort, morals or welfare. The Plan Commission shall not recommend that a special use be approved unless the Plan Commission finds that the proposed special use conforms to the standards for the approval of special uses within the C-2 Retail Overlay District set forth in Sections 17.44.020.B.2.b and 17.56.120 of this Zoning Ordinance.
(MC-12-2023 § 5, Amended, 12/19/2023; MC-2-2019, Amended, 04/25/2019; MC-3-2015, Added, 04/9/2015)