There may be situations where certain special uses should be permitted. These situations require particular consideration as to their proper location in relation to adjacent established or intended uses and to the orderly development of the community. The conditions controlling the location and operation of such special uses are established by the provisions of this chapter. In granting a special use, the corporate authorities may waive compliance with those provisions of this title which are specified in the special use ordinance. (1977 Code § ZR-6-1)

The following uses shall be special uses:

Cellular, personal wireless communications services (PCS) and other wireless telecommunications service facilities in the R-1 district; provided, that such facilities shall be a permitted zoning use when located on Village Hall site if, at the time of placement of any such facility, there are no existing primary residential structures within a radius of one and three-tenths (1.3) times the height of any proposed antenna or tower and, notwithstanding any other provisions of this code or of this title, in no event less than two hundred twenty five feet (225') as measured from the point of installation and that said facilities, whether located in the R-1 district or on Village Hall site, shall comply with the provisions of title 3, chapter 5 of this code.

Churches.

Golf clubs pursuant to sections 10-6-8 and 10-6-9 of this title.

Parks, playgrounds and forest preserves publicly owned and operated.

Planned developments described in chapter 8 of this title.

Publicly owned libraries.

Schools, public and private, elementary and high, nonboarding and including playgrounds and athletic fields incidental thereto.

Trailers and mobile homes designed, equipped and installed for use as a permanent residence, but only in an R-3 district.

Village Hall, Village garages, parking areas, storage buildings, other Village facilities, and uses appurtenant to any of the foregoing uses; also buildings or structures and parking areas for use by any other public body, and uses appurtenant to any of the foregoing uses. (1977 Code § ZR-6-2; amd. Ord. 818, 10-25-1999)

The procedure to be followed in considering applications for special uses shall be as follows:

   A.   Filing Application: An application, verified by the owner or authorized agent of the property involved, shall be filed with the Village Clerk for the attention of the Village Board upon a form prescribed therefor which shall contain, or be accompanied by, all required information.

   B.   Public Hearing: Upon receipt of such verified application, the Village Board shall authorize the Village Clerk to notify the chair of the Plan Commission, or in his absence the vice chair, who shall give notice of a public hearing as provided for amendments to this title 1 . (1977 Code § ZR-6-3)

   C.   Public Hearing Notice Provisions; Sign To Be Posted On Property: No special use shall be made without a hearing before the Plan Commission. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Village. A copy of such notice shall be delivered in person or mailed not less than ten (10) days in advance of the hearing to all owners of property within two hundred fifty feet (250') of the subject property (excluding in such measurement rights of way of streets and roads) but in no event shall notice be given to less than three (3) closest property owners on the same side of the street and, in addition, three (3) closest property owners on the opposite side of the street from the petitioner's property; provided, however, that for the purpose of this section, ownership may be determined on the basis of the last available tax records of the county. Mailings shall be accomplished by the Village staff, to whom the applicant shall deliver unsealed, addressed and stamped envelopes not less than thirteen (13) days in advance of the date of the hearing.

In addition to the published newspaper notice and mailed or delivered notice as provided in this subsection, the Village Clerk or the designee of the Village Clerk shall post on the subject property for which a special use is sought, or to which a special use relates in a location generally perpendicular to the adjoining street and reasonably visible from each adjoining street, a two (2) sided sign approximately three feet by two feet (3' x 2') in size stating substantially as follows:

 

 

In the case of property fronting on two (2) or more streets, such sign shall be posted on each street.

Said sign shall be posted not less than fifteen (15) days prior to the date of the public hearing and shall be removed within five (5) days after the conclusion of the public hearing. (Ord. 1160, 5-27-2009)

   D.   Recommendation; Records Kept: A record of pertinent information presented at the public hearing and minutes as required by law shall be made and maintained by the Plan Commission, which shall make its recommendation to the Village Board within sixty (60) days after termination of the public hearing.

   E.   Conditions Of Special Use: No special use shall be authorized by the Village Board unless the Board shall determine that such development is necessary for public convenience and welfare and will protect the public health, safety and welfare and comply with the stipulations and conditions contained in the specific ordinance establishing special uses. (1977 Code § ZR-6-3)

   A.   Considerations:

      1.   In considering any application for a conditional use to permit trailers and mobile homes designed, equipped and installed for use as a permanent residence, the Plan Commission and Village Board shall take into account, in addition to any other matters deemed pertinent, the following:

         a.   The effect of the establishment of such special use upon adjoining properties;

         b.   Location of the proposed special use with reference to property lines and other structures whether on the property of the applicant or otherwise;

         c.   Possible impact upon drainage; and

         d.   Possible impact upon septic systems and compliance with the provisions of this title.

      2.   Consideration shall also be given to health, safety and sanitation matters relating to water supply, sewage disposal, fire protection and police protection.

   B.   Final Approval By Village Board: In all cases, final approval of such special use shall rest with the Village Board of Trustees.

   C.   Construction And Design Specifications; Required Permits: The terms and specifications of any other applicable ordinance and this code shall govern the particulars of construction and design of any such special use, and any permits required in addition to the special use permit herein required shall be obtained. (1977 Code § ZR-6-4)