A. Purpose. The development and execution of this title is based upon the division of the village into districts, within which districts the uses of land and buildings and the yard and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special 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:

1. Uses publicly operated or traditionally connected with a public interest; and

2. 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 property or public facilities.

B. Initiation of Special Use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest which is specifically enforceable, may file an application to use land for a special use provided for in this title in the zoning district in which the land is located.

C. Application for Special Use. An application for a special use permit, including a planned residential development special use permit, shall be filed with and on a form available from the zoning administrator. The application shall be accompanied by such plans and/or data prescribed by the commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in subsection E of this section.

D. Hearing on Application. Upon receipt in proper form of the application and statement referred to in this section, the planning commission shall hold at least one public hearing on the proposed special use; not more than thirty days nor less than fifteen days in advance of such hearing, notice of time and place of such hearing shall be published in a newspaper published in the village, as prescribed by applicable state statutes. Supplemental or additional notices may be published or distributed as the planning commission may, by rule, prescribe from time to time.

E. Findings of Fact and Recommendations of the Planning Commission. Within thirty days after the close of the public hearing on a special use permit application, the planning commission shall make written findings of fact and shall submit same together with its recommendations to the village board. The commission shall make findings based upon the evidence presented to it in each specific case.

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

2. 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, not substantially diminish or impair property values within the neighborhood;

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

4. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

5. 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; and

6. That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the village board pursuant to the recommendations of the planning commission.

For each application for a special use permit the planning commission shall report to the village board the stipulations or additional conditions and guarantees to be complied with by the applicant when they are deemed necessary for the protection of the public interest.

F. Action by the Village Board.

1. The village board shall not act upon a special use permit application until it shall have received a written report and recommendation from the planning commission.

2. The village board shall have three months of the date of decision by the planning commission to act on the special use permit application.

3. The village board shall not be bound by either the findings or the recommendation of the planning commission. In particular, and without limitation, the village board may:

a. Make findings of fact different from findings made by the planning commission based upon the evidence received during the hearing;

b. Make findings of fact different than or in addition to those made by the planning commission based upon information available to the village board which was not available to the planning commission;

c. Through its individual members engage in discussions with both opponents and proponents of a proposed special use and consider information derived through such discussions when evaluating a proposed special use and when formulating findings and conditions;

d. Modify conditions recommended by the planning commission and impose other conditions in addition to those recommended by the planning commission. (Zoning ordinance dated 6/3/03 § 15-12.0)