The procedure to be followed in considering applications for a special use shall be as follows:
(A) Application. An application verified by the owner or authorized agent of the owner of the property involved, shall be filed with the Village Clerk for the attention of the Planning and Zoning Board upon a form prescribed therefor, which shall contain, or be accompanied by all required information.
(B) Public Hearing. Upon receipt of such verified application, the Village Clerk shall notify the Chairman of the Planning and Zoning Board, or in his or her absence, the Secretary, who shall give notice of public hearing in the same manner as provided for hearings on the reclassification of property, as contained in § 154.295. A record of pertinent information presented at the public hearing shall be made and maintained by the Planning and Zoning Board a part of the permanent record relative to the application.
(C) Determination. The Planning and Zoning Board shall then make its findings and recommendations to the Village Board of Trustees within 30 days following the close of the public hearings of each application. The Village Board of Trustees may then authorize a “special use” as defined herein by special ordinance, provided the evidence presented is such as to establish:
(1) That the proposes use at the particular location requested is necessary or desirable to provide a service or facility which is in the interest of public convenience, and will contribute to the general welfare of the neighborhood or community;
(2) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or general welfare or persons residing or working in the vicinity, or injurious to property values or improvements in the vicinity; and
(3) That the proposed use will comply with the regulations and conditions specified in this subchapter for such use, and with the stipulations and conditions made a part of the authorization granted by the Village Board of Trustees.
(Ord. 1999-O-13, passed 5-18-99; Am. Ord. 2016-O-1, passed 1-5-16)