The development and execution of this chapter is based upon the premises of the division of land into zones so that within any one zone the uses of land and the bulk and location of buildings or structures as related to the land are essential, uniform, and compatible. This is the basis for ensuring normal growth. It must be recognized, however, that there are special situations, because of the unique characteristics of some uses that cannot properly be classified in any one zone as an allowable use but can only be established under regulations. The granting of any special use permit may have to be conditioned upon the developers' meeting special requirements which the village and zoning board find necessary to the maintenance or the compatibility of orderly growth of the area in which the special uses are proposed.

(Code 2007, § 150.100; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Contained within section 119-180 is a list of special uses that are normally associated with various zones. The board may grant a special permit for any special use shown for the zone in section 119-180. The granting of all special uses must, however, follow the procedural regulations as provided in sections 119-55 through 119-62.

(Code 2007, § 150.101; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

A second type of special use where a new or unusual use, not covered in section 119-180, may be granted after holding a hearing as prescribed in section 119-58, provided that:

(1)

Because of the characteristics of the use, it is desirable that the use be located in this zone.

(2)

The use can be operated or developed in such a manner that it will not adversely affect surrounding land uses.

(3)

The character is unique to the extent that it cannot be classified as a permitted use in any zone.

(4)

Such special uses shall only be permitted after the commission submits to the board, in writing, a report explaining why the proposed use meets the above criteria and recommends under those conditions the special use shall be permitted.

(Code 2007, § 150.102; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Where an established use or group of uses are enlarged or experiences an increased demand for parking which exceeds that which could be provided on the same lot on which the establishment is located, then the village may permit, after a hearing, a special parking permit which the board believes will not adversely affect surrounding land uses but only as follows:

(1)

The village has received a request for an off-street parking permit and contained with the request is a map or plat with information shown on that map or plat explaining how the following requirements will be met.

(2)

In all residential areas the minimum front yard setback as prescribed by that zone shall be maintained as stipulated on the special use permit, and no parking shall be allowed in this yard area.

(3)

All other applicable parking requirements, as established in section 119-369 shall be adhered to.

(Code 2007, § 150.103; Ord. No. 1979-80-19, 2-4-1980)

A temporary use permit may be granted for a specific length of time for restricted uses such as gravel operations, forestry activities, and special events such as centennials, fairs, carnivals, and revival meetings, provided that the board finds:

(1)

The use will not have a detrimental effect on surrounding land use.

(2)

That a plat is submitted with the permit showing the placement of temporary structures, parking utilities, and necessary sanitary facilities (as required by the health department), and provided that no construction is done other than that associated with the temporary use.

(3)

That if the natural landscape, vegetation, terrain, soil cover, or drainage is disrupted, plans will be submitted to the commission, and the developer will be responsible for improvements necessary to restore the property to its original condition.

(Code 2007, § 150.104; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 1991-92-14)

(a)

The board reserves the right to repeal any special permit where it finds the use being conducted in such a manner that it violates the general requirements of this chapter, or the special requirements provided for in the issuance of the permit.

(b)

In the event that the use for which a special use permit is issued is not commenced within one year following date of issuance, such permit shall become null and void. Special use permits which cease operation for one year also become null and void.

(Code 2007, § 150.105; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 1991-92-14)