Where a particular use of land or structures is designated as a special approval use within any zoning district, then such special approval use shall be permitted within that zoning district only upon the approval of the Village Council and in accordance with the following procedures:
(a) Application for approval of a special approval use shall be filed with the Village Council for the Village of Franklin on a form provided by the office of the Village Clerk. The application for approval shall be accompanied by an application fee in the amount of one hundred dollars ($100.00) plus reimbursement for costs of professional review.
(b) The application for special use approval shall be signed by the owner or owners of the property being proposed for such special use, and shall be accompanied by the following information:
(1) A legal description of the property under consideration.
(2) A map indicating the gross land area of the development, the present zoning classification thereof and the zoning classification and land use of the area surrounding the proposed development.
(3) A vicinity map showing the location of the area in relation to surrounding properties, streets, freeways, parks, schools, school sites and other significant features of the community where appropriate.
(4) A general development plan with at least the following details shown to scale and dimension:
A. The location of each existing and each proposed structure in the development area, the use or uses to be contained therein, the number of stories, gross building areas, distances between buildings and between buildings and lot lines, setback lines and the location of entrances and loading points.
B. All streets, driveways, service aisles and parking areas, including the general layout and design of parking lot spaces.
C. All pedestrian walks, malls and open areas for parks, recreation and light and air to be dedicated to the public or to be retained by an acceptable property owner's association.
D. Architectural sketches, at an appropriate scale, showing building heights, elevations and other features of the development.
E. A general grading plan of the proposed development with a brief narrative description.
(c) The Village Council shall refer the application for special use approval to the Village Planning Commission. The Village Planning Commission may request additional information to assist in the review of the request. Such additional information may consist of floor plans, proposed signing, detailed building elevations, traffic studies or other information.
The Village Planning Commission shall hold a public hearing upon the proposed special use request. Notice of the hearing shall be given in accordance with Section 1242.08.
(d) In reviewing a proposed special use, the Planning Commission shall consider the following in its evaluation for report and recommendation to the Village Council:
(1) The proposed building or buildings shall be of such location, size and character as to be in harmony with the specific regulations and standards, and the appropriate and orderly development, of the zoning district in which situated and shall not be detrimental to the orderly development of adjacent zoning districts.
(2) The location and size of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, and the site layout and its relation to streets giving access to it, shall be such that traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the neighborhood nor conflict with the normal traffic of the neighborhood. In applying this standard, the Village Planning Commission shall consider, among other things, convenient routes for pedestrian traffic, particularly of children; the relationship of the proposed project to freeways and main traffic thoroughfares and to street and road intersections; and the general character and intensity of the existing and potential development of the neighborhood. In addition, where appropriate, the Planning Commission shall determine that noise, vibration, odor, light, glare, heat, electromagnetic or radioactive radiation, or other external effects, from any source whatsoever which is connected with the proposed use, will not have a detrimental effect upon neighboring property or the neighboring area in general.
(3) The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping of the site shall be such that they will not hinder or discourage the proper development and use of adjacent land and buildings nor impair the value thereof.
(4) Where a use is of a temporary nature, the duration of the proposed use and any conditions for restoration of premises or property in which or upon which such use is to be conducted.
(e) In its report to the Village Council, the Planning Commission shall make specific findings with regard to each of the following, based upon the information furnished by the applicant and information received at the public hearing and by applying those standards and considerations set forth in subsection (d) hereof:
(1) The effect of the proposed use on surrounding properties;
(2) The effect of the proposed use on traffic or pedestrian safety and traffic safety;
(3) The environmental impact of the proposed special use;
(4) Effects of noise generated by the proposed use;
(5) The impact of the proposed special use on the Historic District or historic structures;
(6) Whether the location, size and other conditions regarding the proposed special approval use are in furtherance of the spirit and intent of the particular zoning district in which such proposed use is to be located; and
(7) The suggested length or duration of any proposed use if such proposed use is to be less than permanent in nature.
(f) Upon completion of its findings and conclusions, the Village Planning Commission shall prepare and file its report with the Village Council. In addition to its findings and conclusions, the Village Planning Commission, where appropriate and necessary, may also recommend to the Village Council any conditions which should be imposed upon a proposed special approval use, or it may recommend additional information which may be necessary for consideration by the Village Council.
(g) Upon receipt of the conclusions and report of the Village Planning Commission, the Village Council shall place upon its agenda the application for special approval use. Such application shall be considered at a regularly scheduled meeting of the Village Council. In the discretion of the Village Council, the matter of a particular special use application may be scheduled for a public hearing to be held at a designated time and date before the Village Council. In such event, the Village Clerk shall give notice of the public hearing in accordance with Section 1242.08. The Village Council, in considering approval or rejection of an application for special use, shall take into account the report and conclusions received from the Planning Commission, together with additional information which may have been received by the Village Council. Nothing herein shall be deemed to preclude the Village Council from requesting any additional information which it may deem necessary or essential to consideration of a special use application.
(h) Upon the conclusion of deliberations and consideration by the Village Council, the Village Council shall adopt a resolution by a majority of the members then present and constituting a quorum, either approving or rejecting the application for special approval use. The Village Council may, in its conclusions and resolution, adopt the findings and recommendations of the Planning Commission, may adopt some of the findings and conclusions of the Planning Commission, may adopt and/or modify any of the conclusions or recommendations of the Planning Commission, or may make its own findings.
(1) Approval of such proposed special use may provide for certain specific seasonal, fundraising, charitable or other events of a defined and limited nature;
(2) Nothing herein shall preclude the Village Council, on application made in writing, and for good cause shown, to permit other specific events as part of such proposed special use, provided that such an event is not of a regularly recurring nature, is consistent with the special use approval, is harmonious with surrounding land uses and is of a defined and specific nature. The Village Council may impose requirements on such additional events as will insure compliance with this Zoning Code. No approval of any such event or activity shall be deemed to assure approval of any additional events or activities, nor shall any such permit in any way expand or enlarge the special use approval.
(i) In the event of rejection by the Village Council of an application for special approval use, no application for the same special use shall be filed for the same property within a period of twenty-four months from the date of action by the Village Council.
(j) Upon expiration of any time period established for such special approval use, such use shall immediately cease and may not continue. Such time period may not be extended except by re-application consistent with the provisions of this section.
(k) Where a special approval is also a use for which site plan review is required in accordance with Section 1268.30, the applicant may elect at the time of application for special use approval to file a joint application for special use approval and site plan approval. In such event, the requirements of this section for special use approval as well as each and every requirement for site plan approval shall be applicable in accordance with this section as well as Section 1268.30. In the event of a joint application for special use approval and site plan approval, no special use shall be approved unless it shall meet each and every requirement for site plan approval, and no site plan approval shall be granted unless such proposed use shall meet each and every requirement for special use approval.
(Ord. 157. Passed 10-12-87; Ord. 2006-03. Passed 11-13-06.)