(A) To provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts, but which might have an adverse effect upon nearby properties or upon the character and future development of the district in which they are located, a classification of special uses is hereby established. Procedures for special uses are set forth in § 157.224.
(B) (1) Where a use exists on the effective date of this chapter and it is classified as a special use hereby, it shall be considered to be a lawful special use.
(2) Additions or alterations to existing buildings or land improvements for expansion of lawful special uses may be made within the area of the lot included in the ownership existing at the time of adoption of this chapter, and they shall be subject to yard, floor area ratio and building height requirements set forth in this chapter for permitted uses in the districts in which they are located.
(C) A special use granted by the village after July 18, 2022 (i) shall not run with title to the property; and (ii) shall not be transferrable. Special uses granted by the village before July 18, 2022 (i) shall only run with title to the property if the ordinance granting the special use provides that the special use runs with title to the property; and (ii) shall only be transferrable if the ordinance granting the special use provides that the special use is transferrable.
(D) A special use shall expire at the earlier of (i) the sale of the property, unless the ordinance granting the special use provides that the special use runs with title to the property; (ii) operation of the special use by a different person, unless the ordinance granting the special use provides that the special use is transferrable; or (iii) after commencement of the special use, discontinuance of the special use for a period of six consecutive months, regardless of any reservation of an intent not to resume such special use. Upon expiration, a special use shall not be reestablished or resumed unless the Village President and Board of Trustees, in its discretion, grants a new special use pursuant to, and in accordance with, § 157.224.
(1981 Code, Art. IV, I) (Ord. passed 12- -1986; Am. Ord. 22-39, passed 8-22-2022)