§ 162.023 SPECIAL USES.
   (A)   In order to accomplish the general purpose and intent of this chapter, certain uses in each zoning district are classified as special uses.
   (B)   Because of their unique characteristics, these uses often require larger land areas or need specific regulations to achieve compatibility with existing development.
   (C)   The effects of these uses cannot normally be foreseen until a specific site is proposed.
   (D)   These uses then must be given careful consideration relative to the existing and proposed development in the area.
      (1)   Standing. Application for a special use may be made by the village, the owner of the subject property or anyone having proprietary interest in the subject property. All requests made by parties other than the property owner must be accompanied by written authorization from the property owner.
      (2)   Standards. A special use other than a planned unit development shall be authorized only when the Plan Commission shall find all of the following.
         (a)   Compatible with existing development. The nature and intensity of the activities involved and the size and placement of any structures proposed will be so planned that the special use will be compatible with the existing development and will not impede the normal and orderly development and improvement of surrounding property.
         (b)   Lot of sufficient size. The size of the lot will be sufficient for the use proposed.
         (c)   Traffic. The location of the special use within the village will be such that adverse effects on surrounding properties will be minimal, particularly regarding the traffic generated by the special use.
         (d)   Parking and access. Parking areas will be of adequate size for the particular use and properly located, and the entrance and exit drives will be laid out so as to prevent traffic hazards and nuisances.
         (e)   Effect on neighborhood. In all respects, the special use will not be significantly or materially detrimental to the health, safety and welfare of the public or injurious to the other property or improvements in the neighborhood, nor will it diminish or impair property values in the surrounding area.
         (f)   Adequate facilities. Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.
         (g)   Adequate buffering. Adequate fencing and/or screening shall be provided to ensure the enjoyment of surrounding properties, to provide for the public safety or to screen parking areas and other visually incompatible uses.
      (3)   Standard. The Plan Commission recommendation shall be consistent with the objectives and intent of this chapter and shall refer to specific zoning district standards as a guide to the establishment of requirements for each special use.
      (4)   Conditions. The Plan Commission shall recommend such conditions or restrictions upon the location, construction, design and operation of a special use as they shall find necessary and appropriate to assure compliance with the requirements set forth in this chapter and the objectives and intent of this chapter. These conditions may include, but are not limited to, regulations regarding landscaping, signage, adequate drainage of storm water, exterior lighting, fence height and the duration of the special use.
      (5)   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 re-submitted for a period of one year from the date of the decision, except on the grounds of new evidence or proof of changed conditions found to be valid by the Plan Commission and the Board of Trustees.
      (6)   Time limits. A special use shall become null and void if not established or actively pursued within one year of the date of approval except for a planned unit development as provided in §§ 162.110 through 162.122 below.
(Ord. 656, passed 7-2-2001)