The development and administration of this chapter is based upon the division of the village into districts, within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are intended to be mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use of a particular location. Such uses, however, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses shall be classified as special uses. Special use permits shall be required in any district for the following:

(1)

Mushroom farms and canning, processing and packaging of such mushrooms.

(2)

Trailer and mobile home camps in compliance with chapter 46 of this Code.

(3)

Mobile home sales.

(4)

The use of a single trailer or mobile home as a dwelling or for sleeping.

(5)

Quarry sand pit, gravel pit, top soil stripping, gravel plants, stone quarries, including stone crushing, grading, washing and road equipment.

(6)

Domestic garbage and refuse incinerator or reduction works.

(7)

Garbage feeding and disposal.

(8)

Automobile wrecking yards and junkyards, enclosed with a painted tight fence of such height as to keep persons and property, both within and without such yards, in a safe and attractive manner.

(9)

Slaughterhouses.

(10)

Rendering plants.

(11)

Commercial auctions.

(12)

Hospitals and clinics for animals.

(13)

Public and private schools.

(14)

Nurseries.

(15)

Hospitals or clinics for human beings.

(16)

Commercial, amusement or recreational development for temporary or seasonal periods.

(Code 1985, § 8(8.4-1))

(a)

The village board authorizes the village clerk or his designee to issue a special use permit after review, public hearing and recommendation from the plan commission and village board, provided that such special uses and the structures involved are found to accord with the purpose and intent of this chapter, and are further found not to be hazardous, harmful, offensive or otherwise adverse to the environment or to the value of the neighborhood or village. Prior to the granting of a special use permit, the village board shall make findings based upon the evidence presented that the standards prescribed in this article are complied with.

(b)

Conditions including, but not limited to, landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions and increased yards or parking requirements may be required by the plan commission and village board upon their finding that such conditions are necessary to fulfill the purpose and intent of this chapter.

(c)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all special uses.

(Code 1985, § 8(8.4-2))

Any person may file an application for a special use permit to use his land for one or more of the special uses provided for in section 86-361 in the zoning district in which such land is located.

(Code 1985, § 8(8.4-3))

An application for a special use shall be filed with the village clerk on a form prescribed by the village. The application shall be accompanied by a plan showing the location, size and shape of the lots involved, and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use shall conform to the standards set forth in this article. The plan commission or village board may require such other information as may be necessary to determine and provide for enforcement of this article, including, but not limited to, a plan showing contours and soil types; high water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangement of operations.

(Code 1985, § 8(8.4-4))

Upon receipt of the application and statement as set forth in section 86-364, such application shall be forwarded to the village board which will then forward it to the plan commission. The plan commission shall hold a public hearing on each application for a special use at such time and place as shall be established by the plan commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the plan commission shall, by rule, prescribe from time to time.

(Code 1985, § 8(8.4-5))

Notice of the time, place and purpose of the hearing on the special use application as set forth in section 86-365 shall be given by publication in the official village newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant and the owners of record as listed in the office of the village clerk who are owners of property situated in whole or in part within 250 feet of the boundaries of the properties affected. Such notice shall be sent not more than 30 days and not less than 15 days prior to the date of such public hearing. The plan commission shall report its action to the village board within 75 days after the matter has been referred to it unless such time period is mutually extended.

(Code 1985, § 8(8.4-6))

(a)

No application for a special use shall be recommended for approval by the plan commission, or granted by the village board, unless the plan commission shall find all of the following conditions are present:

(1)

The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals or general welfare.

(2)

The uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the special use and the proposed use is compatible with the then existing use of adjacent land.

(3)

The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which it is located.

(4)

Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

(5)

Adequate measures have been or will be taken to provide ingress and egress designed so as to minimize traffic congestion in the public streets.

(6)

The special use shall conform to all applicable regulations of the district in which it is located.

(b)

When applying the requirement set forth in subsection (a) of this section to any new construction of a building or an addition to an existing building, the village board and plan commission shall bear in mind the purpose for the zoning district and ensure that the proposed building or addition, at its location, does not defeat the purposes and objectives of the zoning district in which it is to be located.

(c)

In passing upon a special use permit, the plan commission shall also evaluate the effect of the proposed use upon the:

(1)

Maintenance of safe and healthful conditions.

(2)

Prevention and control of water pollution, including sedimentation.

(3)

Existing topographic and drainage features and vegetative cover on the site.

(4)

Location of the site with respect to floodplains and floodways of rivers and streams.

(5)

Erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

(6)

Location of the site with respect to existing or future access roads.

(7)

Need of the proposed use for a shoreland location.

(8)

Compatibility with adjacent land.

(9)

Amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

(Code 1985, § 8(8.4-7))

(a)

When an advisory of denial of a special use application is issued by the plan commission or an actual denial is issued by the village board, the plan commission and/or the village board shall furnish the applicant, in writing when so requested, those requirements that are not met, and enumerate the reasons that the plan commission and/or the village board gave when determining that each requirement was not met.

(b)

No application for a special use that has been denied in whole or in part by the village board shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of newly discovered evidence or proof of change of circumstances found to be valid by the plan commission and the village board.

(Code 1985, § 8(8.4-8))

The following conditions shall be considered for all special uses within the village:

(1)

Prior to the granting of any special use, the plan commission may recommend and the village board may require such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the proposed special use as are deemed necessary to promote the public health, safety and general welfare of the village, and to secure compliance with the requirements set forth in section 86-367. In all cases in which special uses are granted, the village shall require such evidence and guarantees as it may deem as necessary in order to prove that the conditions stipulated in connection with the granting of such special use are being and will be complied with. Such conditions may include, but shall not be limited to, the following:

a.

Landscaping;

b.

Type of construction;

c.

Construction commencement and completion dates;

d.

Sureties;

e.

Lighting;

f.

Fencing;

g.

Operational control;

h.

Hours of operation;

i.

Traffic circulation;

j.

Deed restrictions;

k.

Access restrictions;

l.

Setbacks and yards;

m.

Signage;

n.

Specified sewage disposal and water supply systems;

o.

Planting screens;

p.

Increased parking; or

q.

Any other requirements necessary to fulfill the purpose and intent of this chapter.

(2)

In making its recommendation, the plan commission shall evaluate each application for a special use permit, and may request assistance from any source which can provide technical assistance. The plan commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.

(3)

Proposed architectural treatments shall be in general harmony with surrounding uses and the landscape, and the village board may require the use of certain general types of exterior construction materials and/or architectural treatment in order to obtain such harmony.

(Code 1985, § 8(8.4-9))

When a special use application has been approved, such approval shall become null and void within 12 months of approval unless the special use is commenced or the current owner possesses a valid building permit under which construction is commenced within six months of the date of the issuance of the building permit. The village board may extend the special use permit for justifiable cause if application for such extension is made to the village board before the special use permit expires.

(Code 1985, § 8(8.4-10))

No alteration of a special use shall be permitted unless approved by the village board after recommendation from the plan commission.

(Code 1985, § 8(8.4-11))