A. Authority. The Board of Trustees, in accordance with the procedures and standards set forth in this Section and by ordinance duly adopted, may grant special use permits authorizing the development of uses listed as special uses in the regulations applicable to the district in which the subject property is located.
B. Purpose. Special uses are those uses having some special impact or uniqueness that requires a careful review of their location, design, configuration, and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.
C. Parties Entitled to Seek Special Use Permits. An application for a special use permit may be filed by the owner of the subject property.
D. Procedure.
1. Application. Applications for special use permits shall be filed in accordance with the requirements of Section 7-201 of this Code.
2. Public Hearing. A public hearing shall be set, noticed, and conducted by the Zoning Commission in accordance with Section 7-203 of this Code.
3. Action by Zoning Commission. Within 45 days after the conclusion of the public hearing, the Zoning Commission shall transmit to the Board of Trustees its recommendation in the form specified by Subsection 7-103H of this Code, recommending either granting the application for a special use permit; granting the application subject to conditions, as specified in Subsection F of this Section; or denying the application. The failure of the Zoning Commission to act within 45 days, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the proposed special use permit.
4. Action by Board of Trustees. Within 60 days after the receipt of the recommendation of the Zoning Commission, or its failure to act as above provided, the Board of Trustees either shall deny the application or, by ordinance duly adopted, shall grant the special use permit, with or without modifications or conditions. The failure of the Board of Trustees to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the special use permit.
E. Standards for Special Use Permits.
1. General Standards. No special use permit shall be recommended or granted pursuant to this Section unless the applicant shall establish that:
(a) Code and Plan Purposes. The proposed use and development will be in harmony with the general and specific purposes for which this Code was enacted and for which the regulations of the district in question were established and with the general purpose and intent of the Official Comprehensive Plan.
(b) No Undue Adverse Impact. The proposed use and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area, parking, utility facilities, and other matters affecting the public health, safety, and general welfare.
(c) No Interference with Surrounding Development. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations.
(d) Adequate Public Facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, water and sewers, parks, libraries, and schools, or the applicant will provide adequately for such services.
(e) No Traffic Congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.
(f) No Destruction of Significant Features. The proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
(g) Compliance with Standards. The proposed use and development complies with all additional standards imposed on it by the particular provision of this Code authorizing such use.
2. Special Standards for Specified Special Uses. When the district regulations authorizing any special use in a particular district impose special standards to be met by such use in such district, a permit for such use in such district shall not be recommended or granted unless the applicant shall establish compliance with such special standards.
3. Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Zoning Commission and the Board of Trustees shall consider:
(a) Public Benefit. Whether and to what extent the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.
(b) Alternative Locations. Whether and to what extent such public goals can be met by the location of the proposed use and development at some other site or in some other area that may be more appropriate than the proposed site.
(c) Mitigation of Adverse Impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening.
F. Conditions on Special Use Permits. The Zoning Commission may recommend and the Board of Trustees may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code upon the premises benefitted by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services and to insure compliance with the standards in this Section. Such conditions shall be expressly set forth in the ordinance granting the special use. Violation of any such condition or limitation shall be a violation of this Code and shall constitute grounds for revocation of the special use permit.
G. Affidavit of Compliance with Conditions. Whenever any special use permit granted pursuant to this Section is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Village Manager so stating.
H. Effect of Issuance of a Special Use Permit. The grant of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building, or structure, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the codes and ordinances of the Village, including but not limited to a building permit, a certificate of zoning compliance, a certificate of occupancy, and subdivision approval.
I. Limitations on Special Use Permits.
1. Time Period. Subject to an extension of time granted by the Board of Trustees as authorized by Paragraph 2 of this Subsection 7-502I, no special use permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of zoning compliance is issued and a use commenced within that period.
2. Time Extension. The Board of Trustees may, upon request of the owner of the subject property, extend the time limit imposed by Paragraph 12 of this Section for a period not exceeding 12 months if it deems such an extension appropriate. Such written request must be submitted to the Board of Trustees prior to the expiration of the time limit for which an extension is sought. Any such extension shall be made by written resolution or ordinance.
3. Termination. A special use permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more.
4. Site Specific. Except when otherwise provided in the ordinance granting a special use permit, a special use permit shall be deemed to relate to, and be for the benefit of, the use and lot in question rather than the owner or operator of such use or lot.
J. Amendments to Special Use Permits. Except for time extensions pursuant to Paragraph 7-502I2, a special use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this Section for its original approval.