Classification of special uses. To provide for the location of certain uses with unique characteristics which may be appropriate for and compatible within a given zoning district, but depending on how the use is designed and operated, there is the potential that the use could be incompatible with surrounding properties, or adversely affect the future development of the community, a classification of special uses is established. The review requirements and standards outlined in this article are designed to provide a stricter examination of such uses in order to assure compatibility within the zoning district and to minimize potential harmful effects of the use. Such special uses may be developed in the zoning districts specified only if findings are made that the standards and conditions set forth in the appropriate ordinances are met.

Special use permits. Utilizing the provisions established by this article, an applicant may file an application for a special use permit, allowing for the establishment, operation and maintenance of a particular use, which traditionally affects the public interest, but whose unusual nature may give rise to unique problems for neighboring property or public facilities.

Conformance with other requirements. Special uses shall conform to all the applicable requirements governing bulk, off-street parking and loading and all other applicable provisions of this chapter.

Prior to the preparation of a formal application, the applicant or his agent shall meet with the Zoning Administrator to discuss the situation, learn the procedures, obtain an application form, and present any preliminary information.

The applicant or his agent shall complete the application and shall prepare a site plan and other supporting materials that contain the information as requested in this chapter as well as the following:

The applicant or his agent shall file the completed application form, and the required site plan and exhibits, with the Zoning Administrator at least 20 days prior to the required public hearing, and shall pay a filing fee according to the fee schedule in this chapter. The Zoning Administrator shall schedule the application for a public hearing before the Village Board.

The applicant shall have notice of the public hearing published in a local newspaper of general circulation at least 15 days but not more than 30 days prior to the public hearing.

If all required site plans and exhibits are provided, the Village Board shall hold the public hearing and shall study the application to determine possible adverse effects of the proposed special use and to determine what additional requirements may be necessary to reduce such adverse effects. If all required plans and exhibits are not available for the Village Board's consideration, action on the application may be delayed until the information is made available.

In reviewing the special use permit application and the other evidence presented, the Village Board shall consider the following criteria. Any request for a special use permit shall be reviewed for consistency with the following criteria:

The Village Board shall prepare and adopt findings and make decisions in accordance with the provisions of this chapter.

Findings of fact. Before deciding, the Village Board shall make findings of fact based upon the evidence presented in the hearing. These findings should detail the degree to which the proposed special use is consistent with the review criteria and should assist in clarifying any conditions or restrictions recommended as a result of this review process. The approval of a special use permit shall not be made unless the evidence presented is such to establish all the following:

Conditions. In granting approval for any special use permit, the Village Board may recommend and the Village Board may impose additional conditions as are deemed appropriate or necessary for the reasonable protection of the public health, safety, and welfare and to carry out the purposes of this chapter, including but not limited to the following:

Upon receipt of written objections to the proposed special use from more than 50% of the property owners within 250 feet of the subject property, a favorable vote of 2/3 of those Village Boarders present shall be required to forward a recommendation of approval of the special use permit.

Final determination. The Village Board shall take final action on the application within 45 days of the public hearing. If the Village Board votes to approve the request, it shall do so by adopting the proposed request by ordinance. If the Village Board voted to deny an application for a special use permit, a 2/3 affirmative vote of the Village Board then holding office is required to override the previous Village Board's action if a substantially similar request is made within 12 months.

Withdrawal. An application may be withdrawn any time prior to the beginning of the public hearing without penalty. If the application is withdrawn between the time the hearing begins and the Village Board takes final action, said application cannot be reheard for 12 months.

Denial. If an application is considered and ultimately denied by the Village Board, that request shall not be reconsidered by the Village Board at any time in a substantially similar form unless the Zoning Administrator determines that conditions affecting the requested special use have changed significantly enough to justify reconsideration of said request.

Resubmittal. Resubmitting another application for special use after denial or withdrawal shall be accomplished in the same general manner as is prescribed in this article.

Minor amendments. If the Zoning Administrator deems the amendments minor and not significant, the Zoning Administrator shall review the revised plans and decide as to whether the changes will be allowed.

Major amendments. If the Zoning Administrator deems the amendments significant, an application for a new special use permit will need to be submitted and approval of that special use permit application granted.

Expiration. In any case where a special use permit has been approved, the special use permit shall terminate, and the use of the property authorized by the special use permit shall be ended immediately if:

Within that period, if an applicant can show the Zoning Administrator that progress is being made towards establishing an approved special use, then the Zoning Administrator has the discretion to grant in writing one time extension for a reasonable period under the circumstances.

Revocation. Violation of the conditions of a special use permit shall be deemed a violation of this chapter and shall be grounds for revocation of a special use permit.

In the event of a violation of the special use permit or any condition thereof, the Zoning Administrator will notify the property owner of the violation in writing. If the violation specified in such notice is not corrected within 30 days after the notice is issued, then the Zoning Administrator shall cause a citation for such violation to be issued and served on the property owner at the location for which the permit was granted and the penalty provisions of this chapter shall apply; provided, however, that, if in the judgment of the Zoning Administrator, the violation cannot be corrected or the property owner has refused to correct the violation and the Zoning Administrator is satisfied that such violation will not be corrected under the circumstances, then the Zoning Administrator may elect to commence revocation proceedings.

The Zoning Administrator commences revocation proceedings by filing a complaint with the Village Board, alleging the facts and circumstances of the violation of the special use permit or any condition and requesting that the permit be revoked. Within 10 days after filing such complaint, the Zoning Administrator shall cause a copy thereof to be served on the property owner, who shall have a period of 20 days after such service to file with the Village Board a response to the allegations of the complaint. Any allegation which is not denied is deemed admitted. The Village Board shall set the matter for public hearing at its next regular meeting after the response is filed or the time for filing the response has elapsed without a response being filed. At the hearing, the Village Board shall determine whether the complaint has been proven by a preponderance of the evidence, and, if so, the Village Board shall recommend the revocation of the special use permit. The property owner shall have the right to cross-examine witnesses and present evidence at the hearing.

If the Village Board recommends the revocation of the special use permit, the Village Board shall approve or reject such recommendation at a regular meeting occurring within 30 days.

In the event the Village Board approves the revocation of the special use permit, the permit shall be revoked and the use of the premises that had been permitted under the special use permit shall cease.