(A) Purpose.
(1) The development and execution of this chapter 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.
(2) It is recognized, however, that there are certain 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 of the particular location.
(3) The special uses fall into two categories:
(a) Uses publicly operated or traditionally affected with a public interest; or
(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 property or public facilities.
(B) Initiation. Any person laving a freehold interest in land, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest or an exclusive possessory interest and which is specifically enforceable, may file an application to use the land for one or more of the special uses provided for in this chapter in the zoning district in which the land is located.
(C) Processing application for special use.
(1) An application for a special use shall be filed with the Village Clerk on a form prescribed by the President and Board of Trustees. The application shall be accompanied by such plans or data, or both, as specified by the Plan 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 herein for special uses. Copies of the application shall be forwarded by the Village Clerk to the Plan Commission with the request to hold a public hearing.
(2) The applicant shall give notices of the public hearing as follows:
(a) To the persons to whom the current real estate tax bills are sent, if any, as shown on the record of the local real estate tax assessor of all lots lying within 250 feet of the property line of the lot for which the variation is sought. All notices shall be in writing and shall give the time, place and purpose of the hearing and shall be mailed not more than 30 days nor less than 15 days in advance of the hearing. The notice shall be sent by certified mail, properly addressed as shown on the tax assessor’s rolls and with sufficient postage affixed thereon with return receipt requested. The applicant shall file a sworn affidavit with copies of the notices with the Village Clerk showing the names and addresses of all notices the applicant has sent. The affidavit shall be conclusive presumption of giving of the notices.
(b) 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) 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.
(d) Adequate utilities, access roads, drainage or necessary facilities have been or will be provided.
(e) 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) 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 President and Board of Trustees pursuant to the recommendations of the Plan Commission.
(g) The Plan Commission may recommend that there be in part of the area of a planned development and for the duration of the development, specified uses not permitted by the use regulations of the distract in which the development is located, provided that the Plan Commission shall find that:
1. The uses permitted by the exceptions are necessary or desirable and are appropriate with respect to the primary propose of the development;
2. The uses permitted by the exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;
3. Not more than 20% of the ground area or of the gross floor area of the development shall be devoted to the uses permitted by the exception;
4. In an industrial planned development, the additional uses allowed by exception shall conform with the performance standards of the district in which the development is located; and
5. The use exceptions so allowed are reflected by the appropriate zoning district symbols and so recorded on the zoning district map.
(h) The Plan Commission may recommend that there be in a planned development exceptions to the bulk regulations set forth herein iii the district regulations applicable to the district in which the planned development is located, provided that the Plan Commission shall find:
1. The exception shall be solely for the purpose of promoting a unified site plan no less beneficial to the residents or occupants of the development as well as the neighboring property than would be obtained by the bulk regulations of this chapter for buildings developed on separate lots;
2. The overall floor area ratio, when applicable, would not exceed by more than 15% the floor area ratio regulation of this chapter for the district in which it is located;
3. In the part of the planned development containing only residential uses, the minimum lot area per dwelling unit may be less than required by district regulations applicable to the district in with the planned development is located, provided there is contained within the planned development permanent open areas having sufficient area to maintain at least the required lot area per dwelling for the district where it is located, when related to the total area within the planned development exclusive of areas in rights-of-way of thoroughfares, streets and alleys; (The open areas shall be perpetuated, by properly recorded covenants extending over the life of the planned development, for use only by the residents of the planned development or dedicated to the village for park, playground or other open public uses.)
4. In pant of a planned development devoted to residential uses, the Plan Commission may recommend and the President and Board of Trustees may approve access to a dwelling by a driveway or pedestrian walk easement; off-street parking facilities for the dwelling when located not more than 180 feet from the dwelling sewed; and spacing between buildings of lesser widths or depths than required by district regulations for the district in which the planned development is located provided;
5. The protective covenants are recorded which perpetuate during the period of the special use, access easements and off-street parking spaces for use by the residents of the dwellings served;
6. The spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and due consideration is given to the openness normally afforded by intervening streets and alleys; (Spacing between principal buildings within a part of a planned development where subsequent transfer of ownership is contemplated shall be equivalent to such spacing as would be required between buildings by district regulations for the district in which it is located.)
7. The yards along the periphery of the development shall be not less in width or depth than required for permitted uses in the district regulations applicable to the district in which the planned development is located.
(D) Action by the President and Board of Trustees.
(1) Prior to the granting of any special use, the President and 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 this subchapter. In all cases in which special uses are granted, the President and Board of Trustees shall require such evidence and guarantees as it may deem necessary as proof of the conditions stipulated in connection therewith are being and will be complied with.
(2) The President and Board of Trustees may grant or deny any application for a special use permit after receiving the recommendations of the Plan Commission, including the stipulations of additional conditions and guarantees, when they are deemed necessary for the protection of the public interest.
(3) No application for a special use which has been denied wholly or in pant by the President and Board of Trustees shall be resubmitted for a period of six months from the date of the order or denial.
(4) In any case, where a special use permit has been granted and a building permit has not been obtained within 18 months after the date of granting thereof, then without further action by the Plan Commission and the President and Board of Trustees, the special use permit approval shall automatically be terminated and cancelled and be null and void. In the event that an occupancy certificate is not issued within five years after the special use permit has been granted, the special use permit shall automatically terminate.
(1981 Code, Art. XII, D4) (Ord. passed 12- -1986)