(E)    Motor vehicle sales businesses, subject to the following: used vehicle sales businesses shall be limited in number to 26;

   (H)   Fast food restaurants with drive-through windows;

   (I)    Retail tobacco stores, subject to the following:

      (1)   Retail tobacco stores shall be limited in number to four.

      (2)   Smoking shall be prohibited inside all retail tobacco stores.

   (J)   Adult uses as defined by Chapter 123 of the village code

   (K)   Facilities cultivating or dispensing medical cannabis shall be permitted as a special use in Industrial Overlay District One, and in no other zoning district. All facilities cultivating or dispensing medical cannabis shall comply with all state statutes and regulations in effect or hereafter enacted; and

   (L)   Any other use not specifically provided for in R-1 Residential (single-family development), R-2 Residential (multiple-family development), Commercial (retail sales district), Light Industry (fabricating districts), Heavy Industry (Manufacturing Districts) and Public Property Use Districts.

(Ord. 857, passed 8-20-1981; Ord. 1833, passed 11-18-2004; Ord. 2113, passed 4-4-2013; Ord. 2165, passed 6-5-2014; Ord. 2166, passed 6-5-2014; Ord. 2196, passed 11-6-2014; Ord. 2646, passed 5-19-2022)

   (A)   Application filed. An application, verified by the owner or authorized agent of the owner or the property involved, shall be filed with the Village Clerk for the attention of the Plan Commission accompanied by all required information. The application fee for all applications for special use shall be $500, with the exception of special uses granted under § 159.171(I), which shall be $1,000.

   (B)   Hearing. Upon receipt of the verified application, the Village Clerk shall notify the Chairperson of the Plan Commission and the Chairperson shall give notice of a public hearing in the same manner as prescribed in this chapter for hearings on reclassifications of property. Additional information may be requested of the applicant by the Chairperson prior to, at the time of or subsequent to the public hearing. A record of the relevant information presented at the public hearing shall be made a part of the permanent record relative to the application.

   (C)   Recommendations to the Board of Trustees. The Plan Commission shall report its findings and recommendations to the Village Board of Trustees and Mayor within 30 days following the date of public hearing on each application.

   (D)   Approval of special use; restrictions. The Board of Trustees and Mayor may authorize a special use, provided the evidence presented establishes that:

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

      (2)   The proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or general welfare of persons residing in or working in the vicinity or injurious to property values or improvements in the vicinity; and

      (3)   The proposed use will comply with the regulations and conditions specified in the building ordinances and this chapter for the use and will comply with the special use stipulation and conditions made a part of the authorization granted by the Village Board of Trustees and Mayor.

(Ord. 1833, passed 11-18-2004; Ord. 2113, passed 4-4-2013)

   Special uses authorized pursuant to this chapter shall terminate in the event the use of any building or premises is discontinued or revised or the normal operation stopped or revised for a period of six months, or in the event the owner of the property involved, as stated in the application designated in § 159.172, shall transfer or convey the ownership interest, whether by deed, lease, devise or other means; however, the termination of a special use applicable to property shall not prevent a subsequent application for a similar or different special use.