Rather than permitting all of the many and varied land use activities within individual and limited zoning districts, it is the intent of this chapter to provide a set of procedures and standards for specific uses of land or structures that will allow, on one hand, practical latitude for the developer, but that will at the same time maintain sound provisions for the protection of the health, safety, and general welfare of the inhabitants of the Village of Millington. In order to provide controllable and reasonable flexibility, this article permits detailed review of certain specified types of land use activities which, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and structure uses possessing these characteristics may be authorized within certain zone districts by the issuance of a special use permit. By such a procedure, the Village of Millington Planning Commission has the opportunity to impose conditions and safeguards upon each use which are deemed necessary for the protection of the public welfare.

The following steps shall be taken by the applicant, zoning officials and review body when considering a proposed special use:

(1)

Application. All applications for special use permits shall be filed with the village zoning administrator at least 21 days prior to the planning commission meeting at which it is to be heard and shall include the required nine copies of the site plan, fee and any other pertinent information upon which the applicant intends to rely for a special use permit. For applications where the use is occupying an existing building and there are no proposed changes to the site, the applicant may submit a plot plan meeting the requirements of section 36-902(2) of this chapter.

(2)

Submission for review.

(a)

The zoning administrator shall, after preliminary review, forward the complete application to the planning commission and any village staff and outside agencies as provided for in section 36-1001(2)(b) of this chapter to review the special use.

(b)

The village planning commission shall review the site plan according to the criteria in section 36-1001 of this article. In addition, the planning commission shall review the proposed special use according to criterion set forth in this section of the article.

(3)

Public hearing notice requirements.

(a)

At least 15 days prior to a public hearing on the request by the planning commission, the zoning administrator shall give public notice in a newspaper of general circulation of official receipt this notice shall:

1.

Describe the nature of the special use permit.

2.

Indicate the property in question by address if available, otherwise by tax parcel id and a general description of its location.

3.

State the time and place where the special use request will be considered.

4.

Indicate when and where a copy of the application can be inspected and written comments will be received concerning the request.

(b)

The public hearing notice shall also be mailed or delivered to property owners and occupants within 300 feet of the property in question, whether or not the property is within the boundaries of the village. The public hearing notices shall be mailed at least 15 days prior to the date of the public hearing. An affidavit of mailing or delivery of notice shall be maintained by the zoning administrator.

(c)

The village shall also give notice at least 15 days before the public hearing to the Millington Township Planning Commission of any proposed special use permit within 300 feet of the township/village boundary.

(4)

Planning commission decision.

(a)

After the hearing, the planning commission shall consider approval of the special use permit based on the criteria below. If the special use permit is approved, the planning commission shall than consider for approval the site plan based on the criteria in article X. In considering the special use permit the planning commission may:

1.

Approve special use permit application. The zoning administrator shall then be directed to issue the special approval use permit; or

2.

Approve special use permit application and final plan subject to conditions, which are imposed in order to ensure the special land use complies with standards stated in this chapter. The zoning administrator shall be directed to issue the special approval use permit; or

3.

Disapprove application.

(b)

All decisions shall be accompanied with a concluding statement citing the reasons for decision and any condition imposed.

In addition to compliance with the specific district regulations and general regulations as outlined in this chapter, the following criteria shall be met in order for planning commission approval of a special use:

(1)

The special use will not generate off-site impacts such as traffic, noise or odor than uses allowed by right in the same district, unless conditions can be imposed to mitigate those impacts and protect the surrounding property.

(2)

Approval of the special use on the specific parcel proposed is consistent with the intent and purposes of the zoning district in which it is located. There are no unusual or unique characteristics of the site or the surrounding area that would make the proposed use inconsistent with the intent of the district.

(3)

The special use will not exceed the capacities of public services and facilities such as water, sewer, fire or police services unless conditions may be imposed to mitigate those impacts.

(4)

The special use will be consistent with the health, safety and welfare of the village.

The decision of the planning commission may be appealed in compliance with the provisions of section 36-1307 of this chapter.

The planning commission may impose conditions on the special use permit approval, which may include the requirement of a performance guarantee in compliance with section 36-908 of this chapter. In determining appropriate conditions, the planning commission shall ensure that:

(1)

There is a rough proportionality between the scope of the proposed condition in relationship to the impact to be mitigated; and

(2)

There is a reasonable connection between the condition imposed and the impact it is mitigating.

(1)

An approved special use permit that does not require construction approved by a site plan must be commenced within two years from the date of approval of the special use permit or the approval shall expire. A use that also involves construction must comply with the deadline for a site plan outlined in article X of this chapter.

(2)

For a special use permit that does not require construction approved as part of a site plan the planning commission may grant one extension for one additional year. For a use that also involves construction approved as part of a site plan, extensions shall comply with the provisions for a site plan outlined in article X of this chapter.

If an applicant proposes to amend an existing special use permit by modifying the uses allowed or the conditions imposed on the original approval, the proposed amendment shall require the same public review and approval process as the original approval. Amendments to the site plan approved as part of the special use permit may be amended through the procedures in article X, unless the amendment, in the opinion of the planning commission increases the scope or potential for off-site impacts, in which case the proposed change will be treated as a special use permit amendment.