A.   Authority: The board of trustees, in accordance with the procedures and standards set out in this chapter and by ordinance duly adopted, may grant special use permits authorizing the development of uses listed as special uses in the regulations applicable to the district in which the subject property is located.

   B.   Purpose: Special uses are those uses having some special impact or uniqueness that requires a careful review of their location, design, configuration, and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.

   C.   Parties Entitled To Seek Special Use Permits: An application for a special use permit may be filed by the owner of, or any person having a contractual interest in, the subject property. (Ord. 2013-12-944, 1-6-2014)

   A.   Application: Applications for special use permits shall be filed in accordance with the requirements of section 9-14-1 of this title.

   B.   Public Hearing: A public hearing shall be set, noticed, and conducted by the plan commission in accordance with section 9-14-3 of this title.

   C.   Action By Plan Commission: Within forty five (45) days after the conclusion of the public hearing, the plan commission shall transmit to the board of trustees its recommendation in the form specified by subsection 9-12-3H of this title, recommending either granting the application for a special use permit; granting the application subject to conditions, as specified in section 9-19-4 of this chapter; or denying the application. The failure of the plan commission to act within such forty five (45) days, or such further time to which the applicant may agree, shall be deemed a recommendation to deny the proposed special use permit.

   D.   Action By Board Of Trustees: Within sixty (60) days after the receipt of the recommendation of the plan commission, or its failure to act as above provided, the board of trustees either shall deny the application or, by ordinance duly adopted, shall grant the special use permit, with or without modifications or conditions. The failure of the board of trustees to act within such sixty (60) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the special use permit. (Ord. 2013-12-944, 1-6-2014)

   A.   General Standards: No special use permit shall be recommended or granted pursuant to this chapter unless the applicant shall establish that:

      1.   Zoning Code And Plan Purposes: The proposed use and development will be in harmony with the general and specific purposes for which this zoning code was enacted and for which the regulations of the district in question were established and with the general purpose and intent of the official comprehensive plan.

      2.   No Undue Adverse Impact: The proposed use and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area, or the public health, safety, and general welfare.

      3.   No Interference With Surrounding Development: The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations.

      4.   Adequate Public Facilities: The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such services.

      5.   No Traffic Congestion: The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through the surrounding streets.

      6.   No Destruction Of Significant Features: The proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

      7.   Compliance With Standards: The proposed use and development complies with all additional standards imposed on it by the particular provision of this zoning code authorizing such use.

      8.   Positive Effect: The proposed special use creating a positive effect for the zoning district, its purpose, and adjacent properties shall be placed before the benefits of the petitioner.

   B.   Special Standards For Specified Special Uses: When the district regulations authorizing any special use in a particular district impose special standards to be met by such use in such district, a permit for such use in such district shall not be recommended or granted unless the applicant shall establish compliance with such special standards.

   C.   Considerations: In determining whether the applicant's evidence establishes that the foregoing standards have been met, the plan commission and the board of trustees shall consider:

      1.   Benefit: Whether and to what extent the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.

      2.   Alternative Locations: Whether the purposes of the zoning code can be met by the location of the proposed use and development in some other area or zoning district that may be more appropriate than the proposed site.

      3.   Mitigation Of Adverse Impacts: Whether all steps possible have been taken to minimize any substantial or undue adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening. (Ord. 2013-12-944, 1-6-2014)

   A.   Authority: The plan commission may recommend and the board of trustees may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this zoning code upon the premises benefited by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property, the zoning district of the subject property, or upon public facilities and services. Such conditions shall be expressly set forth in the ordinance granting the special use, and the board of trustees may require the unconditional consent of the applicant to such conditions. Violation of any such condition or limitation shall be a violation of this zoning code and shall constitute grounds for revocation of the special use permit.

   B.   Affidavit Of Compliance With Conditions: Whenever any special use permit granted pursuant to this chapter is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the village manager so stating. (Ord. 2013-12-944, 1-6-2014)

The grant of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the codes and ordinances of the village, including, but not limited to, building permit, a certificate of zoning compliance, subdivision approval, and site plan approval. (Ord. 2013-12-944, 1-6-2014)

Subject to an extension of time granted by the village manager pursuant to subsection 9-12-1J of this title, no special use permit shall be valid for a period longer than two (2) years unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of zoning compliance is issued and a use commenced within that period.

   A.   A special use permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six (6) consecutive months or more. Except when otherwise provided in the ordinance granting a special use permit, a special use permit shall be deemed to relate to, and be for the benefit of, the use and lot in question rather than the owner or operator of such use or lot. (Ord. 2013-12-944, 1-6-2014)

A special use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this chapter for its original approval. (Ord. 2013-12-944, 1-6-2014)