The intent and purpose of this chapter is to provide the mechanism whereby certain structures and/or uses that are necessary and desirable but are of a unique, special, or nonrecurring nature may be permitted within any zoning district. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

The village board may permit special uses of land and/or structures within any district subject to conditions contained herein if it finds that the proposed location and establishment of any such special use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites and will further community development in accordance with the comprehensive plan. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Application Filed; Fee: The applicant shall file an application for a special use with the village clerk, accompanied by a filing fee to be established by the village board.

   B.   Contents:

      1.   The application shall set forth the facts and details concerning the proposed special use and shall have attached thereto a diagram or plan showing the result the proposed special use would have on the subject property and surrounding properties. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

      2.   The application shall contain the following requirements:

         a.   A legal description of the property, common address, and parcel identification number (PIN).

         b.   Any photos of the property and the specific area of the property seeking the special use shall be submitted with the application.

         c.   A statement indicating the need for the special use.

         d.   Eleven (11) copies of the preliminary development plan and site plan at a scale of not less than one inch equals fifty feet (1" = 50') showing adjacent property owners, including rights of way; the zoning of adjacent properties; existing improvements and structures; and streets, railroads, waterways, and other necessary physical features. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. Ord. 2007-24, 8-8-2007)

   C.   Date Of Filing: The application shall be filed prior to the date the notice of hearing specified has been published in the local newspaper.

   D.   Date Of Hearing; Notice: The village planning commission, through its chairperson, shall set a regular date, time, and place for a public hearing on the application and shall inform the applicant of the same. The chairperson has the option of changing the time and/or date if there is a conflict with other meetings held concurrently at the village hall. Notice of the public hearing of the petitioner's application is to be given in the following manner: (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

      1.   By publishing the notice of the date, time, and place of such hearing in a paper of general circulation in the village at least fifteen (15), but not more than thirty (30), days prior to the hearing. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

      2.   By causing the notice to contain the particular location for which the special use is requested as well as a brief statement describing the proposed special use. The legal description shall, in addition to the required metes and bounds or lot and block description, contain a simple description of the property as to area and location of such a nature to enable the ordinary reader to accurately locate such property. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

      3.   The petitioner shall post a sign on the property that is subject to the special use application at least ten (10), but not more than thirty (30), days prior to the hearing. The village will supply a sign upon payment by the petitioner of a fifty dollar ($50.00) deposit. The sign shall be displayed in a prominent location on the property until the conclusion of the hearing. The village reserves the right to specify the location on the property of the placement. The deposit shall be returned to the petitioner upon return of the sign, in the same condition as when issued. (Ord. 2007-24, 8-8-2007; amd. 2013 Code)

   A.   Hearing:

      1.   No special use, in any case, shall be granted by the village board without a public hearing by the planning commission as required herein, nor without a report having been made by the commission to the village board, and every report shall be accompanied by findings of fact specifying the reasons for the reported recommendations.

      2.   The planning commission shall review the application, the recommendation of the zoning enforcement officer, and the testimony at the public hearing and shall recommend approval, recommend approval subject to specified conditions, or recommend denial of the special use. If the planning commission neither approves nor disapproves the special use within sixty (60) days after the same has been submitted, it shall be considered to be approved by the commission. However, the commission may extend this time for the purpose of continuing the public hearing.

   B.   Planning Commission Findings Of Fact: In considering all appeals, all proposed special uses, and a review by the zoning enforcement officer, the commission shall, before recommending that the village board grant any special use in a specific case, first determine and make findings of fact that the proposed special use:

      1.   Is necessary or desirable to provide a service which is in the interest of public convenience.

      2.   Will cause no additional threat to public health, safety, or welfare or creation of a nuisance.

      3.   Will cause no additional public expense for flood protection, fire rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.

      4.   Will not unduly increase traffic congestion on public roads and highways.

      5.   Will not alter the essential character of the property or neighborhood in question.

      6.   Meets other requirements of this title, such as parking and landscaping.

      7.   Is consistent with the purpose and intent of the comprehensive plan.

   C.   Village Board Action: Upon the report of the planning commission and the zoning enforcement officer, the village board, without further public hearing, may adopt or deny any proposed special use or may refer the report back to the commission for further consideration. No special use shall become effective unless it receives a simple majority vote of the village board. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Conditions May Be Imposed: Issuance of a special use permit may be made subject to such conditions as are necessary to carry out the purposes of this title and to prevent or minimize adverse effects upon other property in the neighborhood, including, but not limited to, limitations on size and location, hours of operation, requirements for landscaping, and lighting.

   B.   Term Of Permit; Expiration:

      1.   Special use permits may be valid for an indefinite duration or a specific duration. Prior to the expiration of a time limit of a particular permit, the property owner may apply to the village board for a time extension.

      2.   No special use permit shall be deemed valid unless a building permit is issued and construction has begun within one year of the approval of the special use permit. However, the person requesting the special use and the village board may mutually agree to an extension of time.

   C.   Transfer Of Permit: All special use permits shall be approved for the specific tract or parcel of land, and may not be transferred to any other location. An approved special use permit is transferable to any subsequent landowner unless previously stated otherwise. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)