(A) The Village Board may issue a special use permit for any of the special uses listed in § 152.030 above, provided the special use complies with the general standards set forth in this section and with the special requirements enumerated elsewhere herein.
(B) Application for special use permits shall be made to the Village Board through the Building Inspector and shall be accompanied by an application for the necessary zoning and/or building permits, the prescribed fees and the preliminary plans and lot layouts as the Building Inspector may deem necessary.
(1) A special use permit shall only be granted when the proposed use is of such character, size and location that in general it will be in harmony with the orderly development of the district in which the property is situated and will not be detrimental to the orderly development of adjacent districts.
(2) A permit for a special use in a residential district shall only be granted when it is clearly obvious that the special use will not impair the use, enjoyment and value of adjacent residential properties and that any vehicular traffic generated therewith will not be hazardous or otherwise detrimental to the prevailing residential character of the neighborhood.
(3) A permit for a special use in a commercial or industrial district shall only be granted when it is clearly obvious that such use will be harmonious with the district in which its location is sought and will not create undue pedestrian or vehicular traffic hazards or any display of signs, noise, fumes or lights that will hinder the normal development of the district or impair the use, enjoyment and value of adjacent land and buildings and does not possess any of the following adverse conditions:
(a) Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire fighting and suppression equipment and by such other safety devices as are normally used in the handling of the materials.
(b) Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity or electrical disturbance at any point where it may adversely affect other land uses in the village.
(c) Noise. Noise which is objectionable as determined by the Planning Board shall be muffled or otherwise controlled except that air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.
(d) Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining property.
(e) Smoke. Smoke shall not be emitted for longer than eight minutes in any hour which is of a shade equal to or darker than No. 3 of the Standard Ringleman Chart as issued by the U.S. Bureau of Mines.
(f) Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining property.
(g) Air pollution. No pollution of air by flesh, dust, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property, or which can cause excessive soiling.
(h) Glare. No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any public thoroughfare.
(i) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(j) Water pollution. No pollution of water by chemicals or other substances shall be permitted which is unhealthful to animal or plant life as determined by the County Health Department.
(C) Upon finding that the general standards and the special standards set forth herein have been fully met, the Village Board may issue the special use permit and in so doing may impose any conditions that it may deem necessary to accomplish the reasonable application of the standards. Furthermore, it may deny any such application which in its judgment is not in accordance with the general or special standards. The Village Board may require, as a condition of the issuance of any special use permit, that it shall be periodically renewed, or the Board may issue a temporary special use permit, subject to adequate guarantees that the use covered will be terminated at the end of the period specified or the extension thereof as may be granted by the Village Board, provided that any such renewal or extension shall be subject to the same procedure as specified herein for the original issuance of the special permit involved and shall be in conformity with aforesaid general and special standards.
(Prior Code, § 12-11-4) (Ord. passed 3-14-2022)