C.   Upon receipt of a completed application for a special use permit, the Director of Community Development shall place the application on the agenda for public hearing at the first regularly scheduled meeting of the Board of Appeals, the Plan Commission, and the Planned Development Commission, in accordance with their respective jurisdictions pursuant to Sections 17.56.060, 17.56.065 and 17.56.067 of this Zoning Ordinance, subject to the issuance of notice as required by Section 17.56.040.

(MC-2-2019, Amended, 04/25/2019; MC-9-2010, Added, 01/4/2011; MC-3-2015, Amended, 04/9/2015)

   A.   Publication of Notice. Except as otherwise provided in this Section 17.56.040.A, notice shall be given of the time and place of the hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice at least once in one or more newspapers published in the Village, or, if no newspaper is published in the Village, then in one or more newspapers with a general circulation within the Village. The notice shall contain the following information:

   Publication of notice in accordance with this Section 17.56.040.A is not required for any public hearing regarding an application for a special use permit for a property located within the C-2 Retail Overlay District; provided, however, that publication of notice in accordance with this Section 17.56.040.A is required for all public hearings regarding an application for a special use permit for a planned development, whether or not the proposed planned development is located within the C-2 Retail Overlay District.

   C.   Mailed Notice. Concurrently with the filing of an application, the applicant shall furnish the Village with a list of the names and addresses of all persons to whom the latest general real estate tax bills were sent for all property situated within: (1) two hundred fifty (250) feet of the property which is the subject of the proposed special use, if the subject property is located within a zoning district other than the C-2 Retail Overlay District; or (2) five hundred (500) feet of the property which is the subject of the proposed special use, if the subject property is located within the C-2 Retail Overlay District. Written notice of the time and place of such public hearing shall be sent by the Village by first class mail, postage pre-paid, to each person whose name appears on such list, at the address shown, not less than ten (10) days prior to the date of such public hearing. The failure of any person to receive the written notice issued pursuant to this paragraph shall not affect the jurisdiction of any body authorized to conduct a hearing or otherwise consider the application for special use. Nor shall the failure of such person to receive such written notice invalidate, impair or otherwise affect the subsequent grant or denial of any special use permit following such public hearing.

   D.   Website Notice. The Village must, not more than thirty (30) nor less than fifteen (15) days before any public hearing on an application for a special use permit for a property located within the C-2 Retail Overlay District, post on the Village website notice of the time and place of the public hearing; provided, however, that this Section 17.56.040.D does not apply to applications for a special use permit for a planned development, whether or not the proposed planned development is located within the C-2 Retail Overlay District. The notice posted on the Village website must contain the same information that must be included in published notices pursuant to Section 17.56.040.A of this Zoning Ordinance.

(MC-9-2010, Added, 01/4/2011; MC-3-2015, Amended, 04/9/2015)

   A.   Jurisdiction. Except as provided in Section 17.56.065.A, 17.56.067, 17.58.080 and 17.58.100 of this Zoning Ordinance, the Zoning Board of Appeals shall conduct public hearings regarding all special use applications received by the Village.

   B.   Evidentiary Hearing. The Board of Appeals shall receive evidence and sworn testimony on behalf of the applicant and any other interested persons, in the manner provided by rules of the Board. For purposes of this subsection, interested persons shall include any person who is entitled to receive mail notice pursuant to subsection C of Section 17.56.040 and any person entitled to submit a written protest pursuant to Section 17.56.050. The Board of Appeals shall have the authority to require that the applicant submit such additional plans and data as the Board of Appeals may determine are necessary to establish that the application meets and complies with all applicable provisions of the Zoning Ordinance.

   C.   Findings and Recommendation. Within thirty (30) days following the close of the public hearing, the Board of Appeals shall forward a written copy of its findings of fact, minutes, and recommendation to the Village Council. The recommendation shall be consistent with the purpose and intent of this title and shall specify, in a conclusion or statement, any stipulations, restrictions or conditions, including but not limited to the operation of the special use, which the Board deems necessary to assure compliance with this title and the protection of the public health, safety, comfort, morals or welfare. The Board of Appeals shall not recommend that a special use be approved unless the Board finds that the proposed special use conforms to the standards set forth both in this chapter and, if any, in the district regulations.

   D.   Administrative Guidelines. The Board of Appeals, in the exercise of its authority to establish appropriate rules and procedures, may adopt administrative guidelines pertaining to the design and operation of one or more special use types. If adopted, such guidelines shall not be construed as requirements to be met in order to obtain a special use permit but rather shall serve as an aid to the Board of Appeals in determining whether the standards set forth in this chapter and, if any, in the district regulations have been met by a particular special use within the particular context in which it is proposed.

   E.   Applications for WTSF. Any recommendation of the Board that an application for a special use for a WTSF be denied or be subject to certain conditions, shall be supported by specific findings of fact, consistent with the guidelines, requirements and considerations established in Chapter 17.52, upon which the negative recommendation is based. No such recommendation shall be based on environmental concerns related to electronic emissions from a WTSF.

(MC-2-2019, Amended, 04/25/2019; MC-9-2010, Added, 01/4/2011; MC-3-2015, Amended, 04/9/2015)

   A.   Jurisdiction. Except as provided in Sections 17.56.067, 17.58.080 and 17.58.100, the Plan Commission shall conduct public hearings regarding all special use applications received by the Village and shall have exclusive jurisdiction to conduct public hearings regarding special use applications received by the Village for properties located within the C-2 Commercial Overlay District, and special use applications received by the Village for large lot consolidations pursuant to Sections 17.30.010H and 17.30.020F. No board or commission of the Village other than the Plan Commission shall, before the Village Council's review and decision in accordance with Section 17.56.070 of this Zoning Ordinance, conduct a public hearing, hold a meeting, or otherwise review special use applications for properties located within the C-2 Commercial Overlay District; provided, however, that the Planned Development Commission shall, in accordance with Section 17.56.067 and Chapter 17.58 of this title, conduct public hearings regarding all applications for a planned development and applications for special uses that are filed concurrently with an application for a planned development, whether or not the proposed planned development is located within the C-2 Commercial Overlay District. No board or commission of the Village other than the Plan Commission shall, before the Village Council’s review and decision in accordance with Section 17.56.070 of this Zoning Ordinance, conduct a public hearing, hold a meeting, or otherwise review special use applications required for large lot consolidations pursuant to Sections 17.30.010H and 17.30.020F; provided, however, that if the special use application also includes a zoning variation request on the subject lot, the Zoning Board of Appeals will continue to have jurisdiction over the zoning variation request as provided in Chapter 17.60.

   B.   Evidentiary Hearing. The Plan Commission shall receive evidence and sworn testimony on behalf of the applicant and any other interested persons, in the manner provided by rules of the Plan Commission. For purposes of this subsection, interested persons shall include any person who is entitled to receive mail notice pursuant to subsection C of Section 17.56.040 and any person entitled to submit a written protest pursuant to Section 17.56.050. The Plan Commission shall have the authority to require that the applicant submit such additional plans and data as the Plan Commission may determine are necessary to establish that the application meets and complies with all applicable provisions of this Zoning Ordinance.

   C.   Findings and Recommendation. The Plan Commission shall forward a written copy of its findings of fact, minutes, and recommendation to the Village Council for consideration by the second regular meeting of the Village Council following the close of the public hearing. The recommendation shall be consistent with the purpose and intent of this title and shall specify, in a conclusion or statement, any stipulations, restrictions or conditions, including but not limited to the operation of the special use, which the Plan Commission deems necessary to assure compliance with this title and the protection of the public health, safety, comfort, morals or welfare. The Plan Commission shall not recommend that a special use be approved unless the Plan Commission finds that the proposed special use conforms to the standards for the approval of special uses within the C-2 Retail Overlay District set forth in Sections 17.44.020.B.2.b and 17.56.120 of this Zoning Ordinance.

(MC-12-2023 § 5, Amended, 12/19/2023; MC-2-2019, Amended, 04/25/2019; MC-3-2015, Added, 04/9/2015)

   A.   Jurisdiction. The Planned Development Commission shall conduct public hearings regarding all special use applications received by the Village concurrently with an application for approval of a planned development or an amendment to a planned development, and shall have exclusive jurisdiction to conduct public hearings regarding such special use applications.

   B.    Public Hearing. The Planned Development Commission shall receive evidence and sworn testimony on behalf of the applicant and any other interested persons, in the manner provided by rules of the Planned Development Commission. For purposes of this subsection, interested persons shall include any person who is entitled to receive mail notice pursuant to subsection C of Section 17.56.040 and any person entitled to submit a written protest pursuant to Section 17.56.050. The Planned Development Commission shall have the authority to require that the applicant submit such additional plans and data as the Planned Development Commission may determine are necessary to establish that the application meets and complies with all applicable provisions of this Zoning Ordinance.

   C.   Findings and Recommendation. The Planned Development Commission shall forward a written copy of its findings of fact, minutes, and recommendation to the Village Council for consideration by the second regular meeting of the Village Council following the close of the public hearing. The recommendation shall be consistent with the purpose and intent of this title and shall specify, in a conclusion or statement, any stipulations, restrictions or conditions, including but not limited to the operation of the special use, which Planned Development Commission deems necessary to assure compliance with this title and the protection of the public health, safety, comfort, morals or welfare. The Planned Development Commission shall not recommend that a special use be approved unless the Planned Development Commission finds that the proposed special use conforms to the standards for the approval of special uses set forth in Section 17.56.120 or in Section 17.44.020.B.2.b for approval of special uses within the C-2 Retail Overlay District, if applicable.

(MC-2-2019, Added, 04/25/2019)

   A.   Village Council Deliberations. Within thirty (30) days after receiving the findings of fact, minutes, and recommendation of the Board of Appeals and the Plan Commission, in accordance with their respective jurisdictions pursuant to Sections 17.56.060 and 17.56.065 of this Zoning Ordinance, the application for special use permit shall be placed on the Village Council's agenda for consideration.

   B.   Village Council Decision; Vote Required. By a majority vote of the Village Council, the Village Council, in the exercise of its discretion, may grant, deny or modify the special use application, or may return the matter to the Board of Appeals or the Plan Commission, in accordance with their respective jurisdictions pursuant to Sections 17.56.060 and 17.56.065 of this Zoning Ordinance, for further consideration and findings. Notwithstanding the foregoing, if the requisite number of protests have been submitted in accordance with Section 17.56.050, the favorable vote of four (4) Trustees shall be required for the Village Council to grant a special use permit.

   C.   Stipulation, Conditions or Restrictions on Special Use. The Village Council, in all cases, may apply such stipulations, conditions or restrictions as it deems necessary to assure the protection of the public health, safety, comfort, morals or general welfare, and compliance with the standards as set forth in this chapter and, if any, in the district regulations. The Village Council may also require such evidence and guarantees as it may deem necessary to assure compliance with such stipulations, conditions or restrictions. In addition, the Village Council may provide that all such stipulations, conditions and restrictions may be modified or revised from time to time by the Village Council following public notice and hearing, the procedure being that as specified in this chapter for general special use application. Violation of any such stipulation, condition and restriction, when made a part of the terms under which the special use is granted, shall be deemed a violation of the provisions and regulations of this title.

(MC-9-2010, Added, 01/4/2011; MC-3-2015, Amended, 04/9/2015)

   D.   Additional Standards for Granting Special Uses for Properties Located within the C-2 Retail Overlay District. In addition to the standards set forth in Section 17.56.120.A of this Zoning Ordinance, no special use for a property located within the C-2 Retail Overlay District shall be granted unless it is found that the standards set forth in Section 17.44.020.B.2.b of this Zoning Ordinance are satisfied.

   E.   Additional Considerations and Standards for Granting Special Uses for Large Lot Consolidations. In considering a request for a special use permit pursuant to Section 17.030.010H or Section 17.030.020F, the Village Council may consider such factors as, without limitation, the extent to which the proposed special use would be inconsistent with the general lot size, average lot width, or character of properties located adjacent to or on the same block face of the subject lot. In granting a special use permit required pursuant to Section 17.030.010H or Section 17.030.020F, the Village Council may impose certain conditions, including without limitation, any one or more of the following conditions, which are in addition to those authorized by Section 17.56.070: (i) the installation of additional landscaping on the lot; (ii) an increase in any minimum required yard or yards on the lot beyond what is otherwise required by the Zoning Ordinance; (iii) a restriction on the maximum gross floor area on the lot; (iv) a restriction on the maximum roofed lot coverage on the lot; (v) a restriction on the maximum total area of impermeable surfaces on the lot; (vi) a requirement to provide preliminary conceptual plans as are reasonably necessary to evaluate the proposed special use request; and (vii) restrictions to mitigate the impact of construction activity.

(MC-12-2023 § 6, Paragraph E added, 12/19/2023; MC-9-2010, 01/4/2011; MC-3-2015, Amended, 04/9/2015)

   A.   Definitions. For purposes of this Section, the following terms are defined as follows:

      "Minor Change" means any change in the uses, site plan, design details, or operations of an approved special use which is: (i) consistent with the standards and conditions applicable to the special use; (ii) does not alter the concept or intent of the special use; and (iii) does not materially:

         1.   Increase the special use's density;

         2.   Increase the special use's operational intensity;

         3.   Change programming in a way that alters the fundamental character of the existing special use;

         4.   Change the use or add new uses;

         5.   Increase the extent of the measurement of any applicable bulk regulation;

         6.   Reduce open space;

         7.   Expand, relocate, or add new parking areas;

         8.   Relocate pedestrian walkways or access points;

         9.   Alter alignment of roads, utilities, or drainage; or

         10.   Change or conflict with any standard or condition imposed by the Village Council in approving the special use.

   "Major Change" means any change in the uses, site plan, design details, or operations of an approved special use which is not a Minor Change.

   B.   Procedures for Granting Amendments to Special Use Permits.

      1.   Major Change. An applicant seeking a Major Change to an approved special use must seek an amendment to the special use by submitting the same application materials as required to initially obtain a special use, as established in Section 17.56.030 of this Code, and by following the same procedures required to obtain the initial special use set forth in Sections 17.56.040 through 17.56.070 of this Code. A Major Change to a special use must meet the standards in Section 17.56.120 of this Code and be approved by the Village Council by Ordinance. A Major Change to a special use for a planned development is also subject to the application requirements and procedures set forth in Sections 17.58.070, 17.58.090, and 17.58.130 of this Code.

      2.   Minor Change. An applicant seeking a Minor Change to an approved special use must apply to the Director of Community Development by providing any items set forth in Section 17.56.030 of this Code deemed necessary by the Director. A Minor Change in a special use may be approved by the Village Manager, following receipt of a report and recommendation from the Director of Community Development. A Minor Change does not require separate approval by the Village Council, provided that the Minor Change meets the standards in Section 17.56.120 of this Code. A Minor Change to a special use for a planned development is also subject to the application requirements and procedures set forth in Sections 17.58.070, 17.58.090, and 17.58.130 of this Code.

(MC-09-2023, Added, 07/18/2023)