(A) 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 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 or private need for the particular use at the particular location. Such special uses fall into two (2) categories:
1. Uses publicly operated or traditionally affected with a public interest.
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. (Ord. 63-1, 4-1-63)
(B) Initiation of Special Use: An application for a special use may be made by the owner of the subject property, or by another person having an interest therein with the written concurrence of the owner thereof, to use said property for one or more of the special uses provided for in this Zoning Title in the zoning district in which the land is situated. (Ord. 72-3, 3-27-72)
(C) Application for Special Use: An application for a special use shall be filed in writing with the Enforcing Officer. The application shall contain such information as the Zoning Board of Appeals may from time to time, by rule, require. Notice of the time and place of such public hearing shall be published at least once, not less than fifteen (15) days nor more than thirty (30) days before the hearing in a newspaper of general circulation in the Village. The published notice may be supplemented by such additional form of notice as the Board, by rule, may require. (Ord. 77-17, 9-26-77)
(D) Authorization: For each application for a special use the Zoning Board of Appeals shall report to the Board of Trustees of the Village its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.
The Board of Trustees may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20%) of the property adjacent to the property proposed for a special use, and filed with the Village Clerk, such special use shall not be granted except by the favorable vote of two-thirds (2/3) of all the members of the Board of Trustees.
(E) Standards: No special use shall be recommended by the Zoning Board of Appeals unless said Board shall find:
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, nor substantially diminish and 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 surrounding property for uses permitted in the district.
4. That adequate utilities, access roads, drainage and/or other 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 roads.
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 board of trustees pursuant to the recommendation of the zoning board of appeals.
(F) Conditions And Guaranties: Prior to the granting of any special use, the zoning board of appeals may recommend, and the board of trustees shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection (E) of this section. In all cases in which special uses are granted, the board of trustees shall require such evidence and guaranties as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.
(G) Effect Of Denial Of A Special Use: No application for a special use which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the zoning board of appeals and the board of trustees. (Ord. 63-1, 4-1-1963)
(H) Revocation: In any case where a special use has not been established within six (6) months after the date of granting thereof, then without further action by the zoning board of appeals or the board of trustees, the special use authorization shall be null and void. The zoning board of appeals may, upon application filed within said six (6) months, and for good cause, extend said time an additional six (6) months. (Ord. 77-17, 9-26-1977)
(I) Special Uses On Historical Sites: An applicant may request as a unique historical use any permitted and/or special use allowed in any zoning district to be allowed in any other zoning district, subject to compliance with the following conditions:
1. Proof that the subject property or the improvements thereon are of historic value or significance and that preservation of the same will be enhanced, maintained or assisted by permitting the unique use as proposed.
2. Proof that permitting the unique use will be of some affirmative benefit, from a land use or preservation standpoint, to the subject property, the surrounding properties and neighborhood, and the village.
3. The application shall have the burden of presenting clear and convincing proof that the unique use is justified and proper. (Ord. 79-5, 2-26-1979)