(A) Classes. The following types of uses which, because of their unique character, can only be properly authorized in any particular district or districts upon consideration, in each case, of the impact of those uses upon neighboring property and of the public need for the particular use at the particular location, are declared to be special uses unless specifically permitted under this chapter in the district in which proposed to be located:
(1) Places of religious worship;
(2) Schools including pre-schools and day care centers (except where conducted as a home occupation);
(3) Libraries (where established as the principal use);
(4) Other uses private in character but operated not for profit and of a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities;
(5) Uses operated by a public agency or publicly-regulated utility, or uses traditionally affected with a public interest;
(6) Uses identified in § 153.095 as special uses in the B Business District;
(7) Single-family attached dwellings where:
(a) The lot is located on Ridge Road between Greenwood Avenue and Park Drive in the R-4 District;
(b) The single-family attached dwellings are located in a pre-existing, multi-family building; and
(c) Through substantial alteration of the pre-existing building, the number of dwelling units previously existing will be reduced by 50% or more; and
(8) Building-mounted wind energy systems (BWES) and small wind energy systems (SWES) as accessory uses in all districts.
(B) Changes in uses. If a use permitted in any district shall become a special use by reason of the amendment of this section, all uses in existence on October 13, 1998 shall remain permitted uses and be deemed authorized special uses on the lots or parts of the lots on which the uses then exist. Any changes in the use of a structure from a permitted use to a special use or any accessory use (as defined in § 153.003) that is accessory to a special use shall require authorization as a special use under this section.
(C) Buildings. Except as may be specifically authorized by action of the Board of Trustees pursuant to subsection (J) below, the construction of a building or the addition or alteration to the exterior of any building (other than routine repairs and maintenance) used for or associated with a special use or any accessory uses that are accessory uses to any special use shall be deemed a special use requiring further authorization as a special use under this section, whether the authorized special use or accessory use is authorized by reason of having been a permitted use prior to the amendment of this section or is authorized by action of the Board of Trustees pursuant to subsection (J) below.
(D) Impervious surfaces. Except as may be specifically authorized pursuant to this section, the construction or installation of or the addition to or alteration (other than routine repairs and maintenance and replacements and relocations) of impervious surfaces (other than buildings) used for or associated with a special use or any accessory uses that are accessory uses to a special use shall be deemed a special use requiring further authorization as a special use under this section, except that an aggregate of impervious surfaces (other than buildings) of up to 2% of the lot area may be constructed or installed on a lot after October 13, 1998 without the prior authorization otherwise required under this section if the aggregate of all impervious surfaces (other than buildings) does not and will not exceed 18% of the lot area, and if all other applicable provisions of this chapter and all other applicable ordinances are complied with.
(E) Playground equipment. Except as may be specifically authorized pursuant to this section, the construction or installation of or the addition to or alteration (other than routine repairs and maintenance and replacements) of playground equipment used for or associated with a special use or any accessory uses that are accessory uses to a special use shall be deemed a special use requiring further authorization as a special use under this section, except that:
(1) Playground equipment in existence on October 13, 1998 shall remain a permitted use on the lots or parts of lots on which the playground equipment exists on October 13, 1998. Playground equipment for which a building permit or other request for approval was on file with the village on or before October 13, 1998 shall be considered a permitted use on the lots or parts of lots on which the playground equipment is proposed to be situated, but only to the extent a permit therefor or other approval would have been issued (or was not required) under ordinances in effect prior to October 13, 1998. A building permit shall be obtained for any alteration (other than routine repairs and maintenance), relocation, replacement (other than replacement with items substantially equivalent in size and function) or expansion of the playground equipment. No building permit shall be issued for any alteration, relocation, replacement or expansion without authorization as a special use under this section if the Administrative Official shall determine that the alteration, relocation, replacement or expansion will or may materially and adversely affect the public health, safety and welfare, injure the value of other property in the neighborhood, or interfere with the use and enjoyment of neighboring properties, compared with the effects of the playground equipment on the factors before the proposed alteration, relocation, replacement or expansion;
(2) Playground equipment authorized by action of the Board of Trustees as a special use under this section may be altered, relocated, replaced or expanded within any applicable limits of the approval. A building permit shall be obtained for any alteration (other than routine repairs and maintenance), relocation, replacement (other than replacement with items substantially equivalent in size and function) or expansion of the playground equipment. No building permit shall be issued for any alteration, relocation, replacement or expansion without further authorization under this section if the Administrative Official shall determine that the alteration, relocation, replacement, or expansion will or may result in a material departure from the site plan previously approved by the Board of Trustees or will or may materially and adversely affect the considerations under which the playground equipment was previously approved as a special use; and
(3) Playground equipment (whether fixed or movable) that, when put to its intended use does not have or is not intended to have a fixed or single location on the land, shall not require authorization as a special use or accessory use that is accessory to a special use.
(F) Application. An application for special use shall be filed and processed in the manner prescribed in § 153.247.
(G) Standards. No special use shall be recommended by the Board of Appeals or the Plan Commission, as the case may be, or authorized by the Board of Trustees unless the Board of Appeals or the Plan Commission, as the case may be, and the Board of Trustees shall have taken into consideration the following factors to the extent deemed relevant to the proposed special use and the principal structure and each accessory structure used for or associated with the proposed special use:
(1) The necessity for the public convenience at the particular proposed location;
(2) The effects of the proposed design, location and operation on the public health, safety and welfare;
(3) Injury to the value of other property in the neighborhood in which it is proposed to be located;
(4) Interference with the use and enjoyment of neighboring properties;
(5) Compatibility with permitted uses in the district in which it is proposed to be located;
(6) Increased traffic congestion on public ways or increased parking required on public ways;
(7) Damage to or destruction of natural scenic or historic features of significance to the village or the immediate neighborhood; and
(8) In the case of playground equipment, in addition to the foregoing applicable factors, its proximity to and effect on neighboring properties, its expected intensity of use, and the consistency of the equipment and its expected use with play equipment customarily associated with a residential use.
(H) Authorization; procedures.
(1) Board of Appeals; Plan Commission. Special uses may be recommended by the Board of Appeals or the Plan Commission, as the case may be, after a public hearing called and held in the manner prescribed in this chapter and required by law.
(2) Architectural Review Commission. Where the application for special use also requires a certificate of appropriateness, the Architectural Review Commission shall review and provide consulting recommendations on the application for special use at a public meeting. In such instances, the Architectural Review Commission shall provide comment and recommendations to the Board of Trustees as to whether the building design and materials, landscape plan and other proposed exterior aspects of the special use are in conformity with, in any non-residential district and for any special use in any residential district, the appearance plan, and, in the Business District, the Kenilworth Design Guidelines—Business District. Within 30 days following the date of the completion of the Architectural Review Commission meeting on the application for special use, the Architectural Review Commission shall forward a written copy of its recommendations to the Plan Commission or Board of Appeals, as the case may be.
(I) Conditions. The Board of Appeals or the Plan Commission, as the case may be, may recommend and the Board of Trustees may provide conditions and restrictions upon the location and operation of a special use and associated structures, including, but not limited to, provisions for off-street parking and loading, as may be deemed necessary to promote the general objectives of this chapter.
(J) Action by the Board of Trustees. The findings of the Board of Appeals or the Plan Commission, as the case may be, on an application for a special use, arrived at after public hearing, shall be submitted to the Board of Trustees with a report and recommendations within a reasonable time. Where the special use also requires a certificate of appropriateness, a written copy of the Architectural Review Commission’s recommendations on the factors in paragraph (H)(2) above shall accompany the finding, report and recommendations of the Board of Appeals or Plan Commission. The Board of Trustees, upon receipt of the report and recommendations and without further public hearing, by ordinance may grant the application for the special use with conditions and restrictions as may be deemed necessary by the Board of Trustees, or deny the application, or refer it back to the Board of Appeals or the Plan Commission, as the case may be, for further consideration.
(Ord. 577, passed 4-14-1969; Ord. 976, passed 4-9-2007; Ord. 1018, passed 6-22-2009; Ord. 1057, passed 2-22-2011; Ord. 1082, passed 5-21- 2012; Ord. 1098, passed 4-29-2013)