Because of their unique and potentially harmful characteristics, the uses set forth in this article shall be located in a district only upon consideration in each case of the impact of such use upon neighboring land and of the public need for such a use at the particular location. Such uses, designated as special uses, fall into two categories:

(1)

Uses either municipally operated, or operated by regulated public utilities, or traditionally affected by a public interest; and

(2)

Uses entirely private in character but of such a nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(Code 1973, ch. 29, § 8-101)

The board of trustees may authorize, by ordinance, the establishment or construction of any special uses as designated in each of the zoning districts. The other applicable provisions of this article, including the requirements and restrictions of the zoning district in which the proposed special use is to be located, shall be applicable to the establishment and maintenance of such special use unless the ordinance authorizing the establishment or construction of the particular special use expressly provides otherwise. Subject to the standards contained in article IX of this chapter, the board of trustees shall have authority to permit special uses as designated in each of the zoning districts of land or structures, or both, provided it shall find that the proposed special use will comply with the standards contained in this article.

(Code 1973, ch. 29, § 8-102; Ord. No. 79-064, 10-2-1979)

A special use permit shall be granted only if evidence is presented to establish that:

(1)

The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public and will contribute to the general welfare of the neighborhood or community;

(2)

The proposed building or use will not have a substantial adverse effect upon the adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare;

(3)

The proposed building or use will not have a substantial adverse economic effect upon existing businesses in the vicinity and will not have an adverse impact upon the tax bases of units of local government and school districts;

(4)

The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations;

(5)

Such other standards and criteria as are established by this article for particular special uses as set forth in section 54-610 and as applied to planned developments under this article.

Notwithstanding the foregoing special use permit standards, if there is a preexisting health care special use and the applicant seeks a special use permit to add another health care special use to the same district, then a special use permit shall be granted if the board of trustees determines that the proposed building or use is compatible and consistent with such preexisting buildings or uses and in compliance with the applicable district regulations.

(Code 1973, ch. 29, § 8-103; Ord. No. 79-064, 10-2-1979; Ord. No. 98-031, 4-14-1998; Ord. No. 05-002, 1-4-2005)

No special use permit shall be granted for the use listed below unless evidence is presented to establish the standards and criteria set forth herein.

(1)

Airports and heliports. The area shall be sufficient and the site otherwise adequate to meet the standards of the Federal Aviation Agency and the state department of aeronautics for the class of airport proposed, in accordance with their published rules and regulations. Any building, hangar, or other structure shall be at least 100 feet from any street or boundary line. There shall be an adequate number of off-street parking spaces at least equal to the number of spaces in the hangars plus tie-down spaces, plus spaces for accessory uses as established in article III of this chapter.

(2)

Cemetery. Any new cemetery shall be located on a site containing at least 80 acres. All burial buildings and lots shall be set back at least 80 feet from any street abutting the cemetery; and there shall be two side yards and a rear yard of at least 55 feet each. Existing cemeteries may continue to operate in a manner consistent with the existing development in the area presently covered by a special use permit. Any expansion to land not covered by an existing special use permit must comply with the requirements of this section. Adequate parking shall be provided on the site, and no cemetery parking shall be permitted on any public street.

(3)

Public and private utilities and services. This section applies to buildings and structures not specifically permitted as a matter of right in the various districts, pertaining to water, sewerage, gas, telephone, and electric utilities together with police, fire, radio, and television stations, including broadcasting antennae.

a.

Lot area and location. The required lot area and location shall be specified as part of the special use permit and be determined in relation to the proposed use, the intensity of such use, and the effects of such use upon the environment.

b.

Fencing or screening. If the corporate authorities find that a hazard may result or that interference with the development or use and enjoyment of surrounding properties may ensue, fencing or screening with a densely planted hedge or other shielding material may be required in a manner consistent with such findings.

(4)

Summer theater, amphitheater. The site shall contain at least five acres. The site shall have direct access to a major street. All structures, viewing area, and seating areas shall be set back at least 100 feet from any street or boundary line. All parking areas and accessways shall be adequately lighted; and such lighting shall be shielded or directed so as to prevent glare or reflections onto neighboring properties or public streets. Off-street parking spaces shall be provided in accordance with the provisions of section 54-535. The following accessory uses may be permitted as incidental to, and limited to patrons of the principal use:

a.

Amusement park, kiddyland.

b.

Refreshment stands or booths.

c.

Souvenir stands or booths.

(5)

Automobile service station.

a.

Lot area and location. A building or premises shall be used for an automobile service station only on tracts of land not less than one acre with a minimum frontage of 150 feet on each abutting street, abutting and contiguous to a major freeway, major or secondary highway as shown on the official map of the village. Automobile service stations shall not be permitted on any lot abutting a residential district.

b.

Design. An automobile service station under this section shall be designed and developed in conjunction, and compatible with, a larger development such as a shopping center, traveler complex, or auto service center. For all automobile service stations the location and arrangement of buildings, parking lots, walks, lighting, and signs shall be adjusted to the surrounding land uses. Landscaping shall be provided as specified in article VIII of this chapter.

1.

Lighting. All outside lighting shall be so arranged and shielded as to prevent glare or reflection, nuisance, inconvenience, or hazardous interference of any kind on adjoining streets or residential properties. Lights shall be low level, indirect, and diffused.

2.

Accessways. Each service station shall have not more than two accessways to any one street. Each accessway shall comply with the following requirements:

(i)

No accessway shall be nearer than ten feet from any interior lot line nor nearer than 30 feet to the intersection of any two street right-of-way lines.

(ii)

An accessway shall not exceed 35 feet at its intersection with the curbline.

(iii)

Display of merchandise. No merchandise, materials or equipment shall be stored or displayed in any open areas, except that automobile merchandise may be displayed in enclosed cases on pump islands.

(iv)

Operations. Operations permitted outside an enclosed building shall be limited to:

A.

The retail sale of petroleum products.

B.

The supply of air and water.

C.

Installation of minor accessories, windshield blades and arms, gas caps, lamps, lamp globes, and the performance of minor repair jobs.

D.

The rental of for-hire trucks.

(v)

Signs. Each service station shall be allowed signage as specified in article VI of this chapter.

(vi)

Operations. Operations permitted outside an enclosed building shall be limited to the retail sale of petroleum products, the supply of air and water and installation of minor accessories, windshield blades and arms, gas caps, lamps, lamp globes, and the performance of minor repair jobs.

(6)

Game rooms.

a.

Hours of operation. Sunday through Thursday, no later than 11:00 p.m. and Friday and Saturday, no later than 12:00 midnight.

b.

Personnel. Adult (21 years of age or older) manager must be present and supervising during all hours of operation. All employees of the game room shall have a police check made by the village police department. A full-time supervisor shall visit on a regular basis.

c.

Security. All windows should be clear and unobstructed to provide easy view for patrol vehicles.

d.

Regulations on premises. A sign in the game room stating that curfew begins at 11:00 p.m. for all persons under curfew age. The operator shall discourage the loitering of individuals, both inside and outside the game room.

e.

Miscellaneous. Trash receptacles shall be provided both inside and outside of the entrance and trash shall be picked up at regular intervals. Bicycle racks shall be provided in close proximity to the game room.

(7)

Live entertainment. Dance hall, discotheque, banquet hall, private club, tavern, cocktail lounge, nightclub, and any eating or drinking establishment that has been approved for live music or pre-recorded music such as a deejay or karaoke, or that has an approved occupancy limit of 25 persons or more.

a.

Hours of operation. The hours of operation of such establishments shall not extend beyond the hour of the liquor license, or 2:00 a.m., whichever is earlier.

b.

Personnel. Adult (21 years of age or older) manager must be present and supervising during all hours of operation. A full-time supervisor shall visit on a regular basis. All employees of the establishment shall have a police check made by the village police department.

c.

Regulations on premises. The operator shall discourage the loitering of individuals, both inside and outside the establishment. Establishments catering to minors shall display a sign stating that curfew begins at 11:00 p.m. for all persons under curfew age. Order and quiet must be maintained on the premises so as not to violate the public peace.

d.

Miscellaneous requirements.

1.

Eating and drinking establishments with live entertainment or dancing shall be insulated to prevent excessive light, noise, or other offensive factors from penetrating the walls of the establishment and adversely affecting any adjoining establishments of the surrounding area.

2.

Outdoor beer gardens and outdoor cafes accessory to eating and drinking establishments with live entertainment or dancing shall not be permitted to have live entertainment conducted outside; however, outdoor speakers shall be permitted as long as noise levels do not adversely affect any adjoining establishment or the surrounding area and no noise may be heard across property lines after 11:00 p.m.

e.

Offset for tax loss. All special uses listed in this subsection (7) that are located in any business zoned district (B-1, B-2, B-3, B-4) are subject to an "offset tax" pursuant to chapter 46 of this Code.

(8)

Kennel, commercial. Any structure, pen, run or any other appurtenant facility used in the operation of a kennel shall meet or exceed all applicable district setbacks. Any outdoor run, pen or similar facility shall be surrounded by a solid six foot high perimeter fence. Any odor or other associated nuisances shall not be noticeable at or beyond the property line on which the kennel is operated and no noises associated with the kennel shall be heard across property lines after 10:00 p.m. and before 7:00 a.m. During the review of the special use permit, any other conditions that minimize or alleviate nuisances to surrounding property owners that are unique to a particular applicant's property may be placed as a condition of that special use.

(9)

Pet cemetery.

a.

Minimum size. All new pet cemeteries shall be located on a site containing at least five acres.

b.

Setback. All grave markers, monuments, chapels, and accessory structures shall be set back a minimum of 35 feet from any property line, except that grave markers less than six inches in height may be located a minimum of 15 feet from any property line.

c.

Road surfaces. All roads and parking areas shall be dust free and hard surfaced.

(10)

Cannabis business establishments.

a.

All cannabis business establishments within the village shall require a special use permit and shall be processed in accordance with article 9 of this zoning ordinance.

b.

The village may require the applicant to install building enhancements such as additional security cameras, lighting, additional parking, landscape screening, or other improvements as a condition of issuing a special use permit to ensure the safety of employees and customers of the cannabis business establishments.

c.

The village may approve the co-location of the following establishments:

1.

Cannabis craft growers, cannabis infusers, cannabis transporters;

2.

Cannabis cultivation centers, cannabis infusers, cannabis transporters;

3.

Cannabis dispensaries, cannabis infusers, cannabis transporters.

d.

No cannabis business establishment shall be opened or operated unless specifically authorized under and pursuant to state law and this Code.

e.

In addition to the standards contained in section 54-609 of this zoning ordinance, the plan commission shall also consider the following standards in determining whether to recommend the issuance of a special use permit to a cannabis business establishment:

1.

The impact of the proposed facility on existing or planned uses located within the vicinity of the subject property;

2.

The proposed structure in which the facility will be located, including total square footage, security installations, security plan, odor control plan and building code compliance;

3.

Hours of operation and anticipated number of customers and employees;

4.

Anticipated parking demand and available private parking supply;

5.

Anticipated traffic generation and adjacent roadway capacity;

6.

Site design including access points, internal site circulation, commercial vehicle loading and unloading and parking.

f.

Cannabis cultivation centers.

1.

May not be located within 1,500 feet of a cannabis craft grower or existing cannabis cultivation center.

2.

May not be located within 500 feet of the property line of a lot occupied by a preexisting school.

3.

The facility may not contain more than 210,000 square feet of canopy space for plants in the flowering stage.

g.

Cannabis craft growers.

1.

May not be located within 1,500 feet of a cannabis craft grower or existing cannabis cultivation center.

2.

May not be located within 500 feet of the property line of a lot occupied by a preexisting school.

3.

The facility may contain no more than 5,000 square feet of canopy space for plants in the flowering stage.

h.

Cannabis dispensaries.

1.

May not be located within 1,500 feet of another existing cannabis dispensary.

2.

May not be located within 500 feet of the property line of a lot occupied by a preexisting school.

3.

The facility may not have a drive-through service.

i.

Cannabis infusers, processors, transporters. May not be located within 500 feet of the property line of a lot occupied by a preexisting school.

(Code 1973, ch. 29, § 8-104; Ord. No. 80-006, 1-15-1980; Ord. No. 82-024, 5-11-1982; Ord. No. 86-004, 2-11-1986; Ord. No. 87-060, 8-11-1987; Ord. No. 87-061, 8-11-1987; Ord. No. 88-030, 5-24-1988; Ord. No. 92-175, 12-22-1992; Ord. No. 96-070, 6-25-1996; Ord. No. 22-001, § 9, 1-11-2022; Ord. No. 22-003, § 8, 1-11-2022)

The plan commission may recommend and the board of trustees may impose such conditions or restrictions upon the location, construction, design and operation of a special use as they shall respectively find necessary or appropriate to secure compliance with the standards set forth herein.

(Code 1973, ch. 29, § 8-105)

The board of trustees is authorized to issue a special use permit for those listed in article IV of this chapter and for planned developments, subject to the standards set forth in sections 54-609 and 54-610 and such conditions as may be imposed pursuant to section 54-611. 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 section 54-1027.

(Code 1973, ch. 29, § 8-201; Ord. No. 80-057, 10-7-1980)

Any person having a proprietary interest in the premises may file an application for a special use with the zoning administrator. The application shall be in such number of copies, be in such form, and contain such information as the zoning administrator may prescribe from time to time. The zoning administrator shall process such application and a hearing shall be held in the manner prescribed for amendments by section 54-1026 and 54-1027.

(Code 1973, ch. 29, § 8-202)

Following the hearing, the plan commission shall transmit to the board of trustees 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 board of trustees.

(Code 1973, ch. 29, § 8-203)

The plan commission may recommend and the board of trustees may impose such conditions or restrictions upon the location, construction, hours of operation, 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 54-609 and 54-610.

(Code 1973, ch. 29, § 8-204; Ord. No. 00-150, 10-24-2000)

After receiving the recommendations and report of the plan commission, the board of trustees shall, within 35 days, review the recommendations and report and may accept the findings and recommendations of the plan commission in whole or in part or may reject them in whole or in part, or the board of trustees may refer the matter back to the plan commission for further consideration. However, in the event the plan commission recommends against the issuance of a special use permit, then it may be issued only upon the favorable two-thirds vote of the members of the board of trustees.

(Code 1973, ch. 29, § 8-205)