All applications for variations in the application of the strict letter of the regulations of this title shall be heard by the plan and zoning commission. The plan and zoning commission shall recommend a variation to the village board of trustees when it is determined that because of some peculiar condition of the property or its environment (not the owner or occupant) compliance with the regulations would result in practical difficulties or particular hardship. As required by the following rules and the provisions of the state zoning statute, no variation shall be recommended unless:

(1)

It is accompanied by a finding of fact specifying the reason for making the variation, namely, the peculiar condition existing and the hardship or difficulty that it would cause;

(2)

It is accompanied by a finding that the variation is in harmony with the general purpose and intent of the regulation in question;

(3)

It is accompanied by a finding that it will not materially increase street traffic or impair property values, or be detrimental to the public health, safety, morals, comfort or general welfare;

(4)

A duly advertised public hearing was held thereon, notice of which was posted on the property, in addition to other postings required; and

(5)

It received a majority vote of those members of the plan and zoning commission present.

(Ord. No. 2017-2260, § 23, 12-12-2017; Ord. No. 2011-1889, § 1, 1-13-2011)

Purpose: The development and execution of a zoning ordinance is based upon the division of the village into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories: a) Uses publicly operated or traditionally affected with a public interest; and b) Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring properties or public facilities.

(1)

Initiation of Special Uses. Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this title in the zoning district in which the land is situated.

(2)

Application for Special Use. An application for a special use or expansion of a special use shall be filed with the building commissioner and shall be accompanied by such plans or data as prescribed by the plan and zoning commission from time to time.

(3)

Hearing on Application. Upon receipt of the application referred to above, the plan and zoning commission shall hold at least one public hearing as required above for a variation or amendment.

(4)

Authority. The plan and zoning commission may recommend the granting or denial of any application for a special use to the village board of trustees, provided, however, that such special use shall not be recommended except by a majority vote of the plan and zoning commission members present. A written recommendation to grant or deny a special use shall be given to the village board of trustees, who will then make a final determination.

(5)

Standards. No granting of a special use shall be recommended to the village board of trustees unless the plan and zoning commission finds:

a.

That the establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare;

b.

That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

c.

That the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

d.

That adequate utilities, access roads, off-street parking, drainage or other necessary facilities have been or are being provided;

e.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

f.

That the special use shall in all other respects conform to the applicable regulations of the district in which it is located.

(6)

With each permit for a special use, additional requirements may be made a part of the special use permit including, but not necessarily limited to, the following:

a.

Hours of operation;

b.

Special requirements for screening by fencing or planting or both;

c.

Exterior lighting;

d.

Signs;

e.

Yard requirements over and above those required in the zoning district in which the special use is located;

f.

Height;

g.

Architectural appearance and layout of buildings to assure harmony with existing uses in the area;

h.

Location and area of open space;

i.

Limitation on the size, membership or capacity.

(7)

Planned Unit Developments. Planned unit developments shall conform to the applicable requirements set forth in Chapter 18.42.

(Ord. No. 2017-2260, § 23, 12-12-2017; Ord. No. 2011-1889, § 1, 1-13-2011)

The fee for a hearing before the plan and zoning commission is hereby set at the sum of one hundred twenty-five dollars. The fee shall accompany every application for a hearing. In the event that the president and board of trustees direct that one or more amendatory ordinances be prepared as a result of a hearing before the plan and zoning commission, the applicant shall be required to pay an additional one hundred twenty-five dollars.

(Ord. No. 2017-2260, § 23, 12-12-2017; Ord. No. 2011-1889, § 1, 1-13-2011)

Within thirty-five days from the date that a copy of the village board of trustees' decision sought to be reviewed was served upon the party affected thereby, any person or persons, jointly or severally, aggrieved by such decision or variation or any officer, department, board or bureau of the village may appeal to a court of record in the manner prescribed more fully in the state zoning statute.

(Ord. No. 2011-1889, § 1, 1-13-2011)