The development and execution of this title is based upon the division of the village into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use or the particular location. Such special uses fall into the following categories:

   A.   Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest.

   B.   Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. (Ord. 381-87, 6-9-1987)

Special uses shall be authorized or denied by the village board in accordance with the provisions of this title applicable to amendments of this title and the regulations and conditions set forth in this title for special uses. No application for a special use shall be acted upon by the village board until after:

   A.   A written report is prepared and forwarded to the village board by the plan commission in a manner prescribed herein for amendments to this title; and

   B.   A public hearing has been held by the plan commission after due notice by publication as prescribed herein, for amendments, and the findings and recommendations of the plan commission 1 have been reported to the village board. At the time of the filing of an application for any special use, the applicant shall furnish to the village clerk a complete list containing the names and addresses of those persons to whom were sent the tax bills for the general taxes for the last preceding year on all property located within two hundred fifty feet (250') in each direction of the location for which the special use is requested; provided, the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty feet (250') requirement. The plan commission shall hear no special use application unless the applicant furnishes such information. The village clerk shall, not more than thirty (30) days nor less than fifteen (15) days before the hearing at which the special use is to be considered, send written notice to the persons whose names appear on the list furnished by the applicant. (Ord. 381-87, 6-9-1987)

   C.   Notwithstanding any provision contained in this title to the contrary, to hear applications for and thereafter submit reports of findings and recommendations thereon to the village board with respect to the following special uses:

      1.   Decorative fences.

      2.   Dog runs.

      3.   Satellite earth stations.

      4.   Earthen berms.

      5.   Signs.

      6.   Temporary sales trailers.

      7.   Cannabis business establishments, subject to the following conditions: All cannabis business establishments must comply with the requirements of this chapter.

         a.   Compliance with state regulations and rules. All cannabis business establishments must comply with all applicable state and local laws, including the Cannabis Regulation and Tax Act, as amended, the Compassionate Use of Medical Cannabis Program Act, as amended, and applicable administrative rules.

         b.   Submittal requirements. After a pre-application meeting with the Community Development Director, an applicant for a special use shall be required to submit plans and documents as deemed necessary, including, but not limited to, a plat of survey, a site plan, engineering plan, architectural plans and elevations, building material samples, dark sky compliant photometric plan, signage plan, business and operational plan, business hours, security plan, traffic study and any document required for a state license submittal application.

         c.   Minimum setbacks from incompatible land uses. As measured from a cannabis business establishment’s property line, the following minimum setbacks from incompatible uses shall apply:

            (1)   A cannabis dispensary may not be located within 150 feet of the building footprint of any sensitive places, which shall include: schools, parks, residential homes, substance abuse treatment clinics or centers, churches (house of worship), cemeteries, municipally zoned properties, and child care facilities.

            (2)   A cannabis dispensary may not be located within 1,500 feet of the property line of another cannabis dispensary.

         d.   Parking and loading.

            (1)   Cannabis dispensary: Refer to Section 9-11-5I and Section 9-11-8 of this Title.

            (2)   Cannabis cultivation center, cannabis craft growers, cannabis processors, cannabis infusers, and cannabis transporters: Refer to Section 9-11-5I and Section 9-11-8 of this Title.

            (3)   Parking areas shall be located in an area which is visible from a public road or a private road that is accessible to the public.

            (4)   Parking areas shall be dark sky compliant and monitored by video surveillance equipment whose live images can be viewed by cannabis business establishment staff and continually recorded in a tamper proof format. A photometric plan will be required.

         e.   Traffic impact. The Village shall require a cannabis business establishment to submit a traffic study. The Village Board may deny a special use permit for a cannabis business establishment if a traffic study shows the proposed use would reduce the Highway Capacity Manual level of service grade to D, E or, F for any street within 250 feet of the property.

         f.   Exterior display. No cannabis business establishment shall be maintained or operated in a manner that causes, creates or allows the public viewing of cannabis, cannabis infused products or cannabis paraphernalia or similar products from any sidewalk, public or private right-of-way or any property other than the lot on which the dispensary is located. No portion of the exterior of the dispensary shall utilize or contain any flashing lights, search lights, neon, black lights, or spot lights or any similar lighting system.

         g.   Signage and advertising.

            (1)   Signage shall comply with the standards of the underlying zoning district outlined in Section 9-12-8G and the advertising provisions of the Cannabis Regulation and Tax Act, as amended.

         h.   Age and access limitations. Age limitations shall be set forth per the Cannabis Regulation and Tax Act, as amended, the Compassionate Use of Medical Cannabis Program Act, as amended, and applicable administrative rules.

         i.   Hours of operation. Unless otherwise prescribed by state law, the Village Board may impose hours of operation for a cannabis business establishment as a condition of any special use permit.

         j.   Drive-through windows. A cannabis business establishment shall not have a drive-through service.

         k.   On-Site Consumption. On-site consumption is prohibited in any cannabis business establishment.

         l.   State license. Before issuance of a special use permit, certificate of occupancy or otherwise opening to the public, cannabis business establishments must file with the Village of Hawthorn Woods Community Development Director a copy of all required state licenses to operate as a cannabis business establishment.

         m.   Number. The maximum number of cannabis business establishments authorized to operate within the village corporate limits at any one time shall be limited to one cannabis dispensary and two other types of cannabis business establishments as defined as cannabis infuser, cannabis processor, cannabis transporter, cannabis craft grower, or cannabis cultivation center for a total of three cannabis businesses establishments. (Ord. 1529-15, 2-23-2015; amd. Ord. 2126-21, 10-25-2021)

An application for a special use may be made by any person, or by an office, department, board, bureau or commission requesting or intending to request a building permit or occupancy certificate. (Ord. 381-87, 6-9-1987)

   A.   An application for a special use, in such form and accompanied by such information as shall be established from time to time by the plan commission shall be filed with the village clerk and thereafter processed in the manner prescribed heretofore for applications and amendments.

   B.   The plan commission shall hold the public hearing and forward its recommendations in the form of a written report, to the village board within thirty (30) days following the date of public hearing on each application unless it is withdrawn by the petitioner.

      1.   That the proposed use at that 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; and

      2.   That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or injurious to property values or improvement in the vicinity; and

      3.   That the proposed use will comply with the regulations and conditions specified in this title for such use, and with the stipulations and conditions made a part of the authorization granted by the village board of trustees.

   C.   In the case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the clerk of the municipality, the special use shall not be passed except by a favorable vote of two-thirds (2/3) of all of the trustees of the village. Any proposed special use which fails to receive the approval of a majority of the plan commission members, and is so reported, shall not be passed by the village board except by a favorable vote of two-thirds (2/3) of all the trustees of the village. (Ord. 381-87, 6-9-1987)

The village board, upon report of the plan commission and without further public hearing, may grant or deny any proposed special use in accordance with applicable statutes of the state or may refer it back to the plan commission for further consideration. (Ord. 381-87, 6-9-1987)