An application for special land use approval shall be filed with the village by the owner of the property on which the use is to be located or by a legally appointed representative of such owner, accompanied by the necessary fees and documents, as required by this chapter. All applications for special land use shall include the signature of the property owner, a site plan as regulated by article VI of this chapter, supporting documents as prescribed in this chapter, and any other documents required under this chapter.

(Ord. No. 482, § 16.00, 7-17-2000)

Requests for uses permitted after special approval may be heard and decided at any regular or special meeting of the planning commission, provided the petitioner has presented all required information and proper notice has been given. Notices of public hearing shall be processed by the village clerk after payment of the fees. One notice that a request for special land use approval has been received shall be published in a newspaper of general circulation in the village and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet, except that the notice shall be given not less than five and not more than 15 days before the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

(Ord. No. 482, § 16.01, 7-17-2000)

In considering all applications for special land use, the planning commission shall review each case individually as to its appropriateness and must find affirmatively to each of the following standards of the proposed land use. The petitioners should submit a written document with the site plan which responds to each of these eight standards:

1. The proposed special land use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and/or vicinity and applicable regulations of the zoning district in which it is to be located.
2. The proposed use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of offstreet parking, and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle interfacing.
3. The proposed use shall be designed as to the location, size, intensity, site layout and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.
4. The proposed use shall be such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.
5. The proposed use shall relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the village.
6. The proposed use is necessary for the public convenience at the proposed location.
7. The proposed use is so designed, located, planned and to be operated that the public health, safety and welfare will be protected.
8. The proposed use shall not be detrimental or injurious to the neighborhood within which it is to be located, nor shall such use operate as a deterrent to future land uses permitted within the zoning district, and it shall be in harmony with the general purpose and intent of this chapter.

(Ord. No. 482, § 16.02, 7-17-2000)

1. Approval. If the planning commission determines that the particular special land use should be allowed, it shall endorse its approval thereof on the written application and clearly set forth in writing thereon the particular uses which have been allowed. Thereafter, the enforcing officer may issue a building permit in conformity with the particular special land use so approved. In all cases where a particular special land use has been granted as provided in this article, application for a building permit in pursuance thereof must be made and received by the village not later than one year thereafter, or such approval shall automatically be revoked.
2. Denial. If the planning commission shall determine that the particular special land use requested does not meet the standards of this chapter or otherwise will tend to be injurious to the public health, safety, welfare or orderly development of the village, it shall deny the application by a written endorsement thereon which clearly sets forth the reason for such denial in its minutes.
3. Record. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The statement shall specify the basis for the decision and any conditions imposed.

(Ord. No. 482, § 16.03, 7-17-2000)

1. The planning commission may impose such conditions or limitations in granting approval of a special land use, as may be permitted by state law and this chapter, which it deems necessary to fulfill the spirit and purpose of this chapter. The conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all the following:
   1. Be designed to protect natural resources and the health, safety, and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
   2. Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.
   3. Be necessary to meet the intent and purpose of the zoning regulations, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.
2. The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged, unless the village and landowner undertake a new special approval application and public hearing.

(Ord. No. 482, § 16.04, 7-17-2000)