A. Purpose: There are certain uses authorized by the Zoning Regulations that, because of their unique characteristics, should be subject to review of the impact of those uses upon neighboring land and the community need for the particular use at the particular location. Further, the imposition of individualized conditions may be necessary to ensure that the use is appropriate at a particular location. However, the review exercised by this process is not intended to manage or interfere in commercial competition.
B. Who May Apply: A special use permit application may be initiated only by the owner of a subject property.
C. Application: In addition to the general requirements in Article B of Chapter 2 of this Title concerning applications, the applicant must provide:
1. A written statement setting forth the basis of the request and responsive to the standards for reviewing special use permits; and
2. If the proposed special use involves the construction, addition, demolition, or external modification of any structure, then the application must be accompanied by a site plan showing the proposed work and other site features relevant to review of the proposed use.
D. Authority and Procedure:
1. Notice and Public Hearing: Upon receipt by the Building Commissioner of a complete application for special use, the Building Commissioner shall schedule the matter for hearing before the PCZBA. Not more 90 days after the filing of an application, a hearing shall be held on the application, unless otherwise agreed to by the applicant.
2. Action by PCZBA: Following the conclusion of the public hearing, the PCZBA shall make its recommendation to the Board of Trustees on the application for a special use, which recommendation shall be forwarded to the Board of Trustees, within 60 days after the close of the public hearing. The failure of the PCZBA to provide a recommendation within such 60 day period, or such further time to which the applicant may, in writing, agree, shall be deemed a recommendation against the issuance of the special use.
3. Action by the Board of Trustees: Following the receipt of the recommendation from the PCZBA, the Board of Trustees shall commence consideration of the application for a special use. To approve the application, with or without modifications, the Board must duly adopt an ordinance.
E. Standard of Review: No special use may be recommended for approval, or approved, unless findings have been made to support each of the applicable conclusions set forth below based upon the evidence presented at the public hearing:
1. General Standard: The proposed use will not have a substantial or undue adverse effect upon adjacent property, the character of the area, or the public health, safety, and general welfare;
2. No Interference With Surrounding Development: The proposed use 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;
3. Adequate Public Facilities: The proposed use will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant shall provide adequately for such services as a condition of being granted a special use permit under this section;
4. No Traffic Congestion: The proposed use will not cause undue traffic or traffic congestion;
5. No Destruction Of Significant Features: The proposed use will not result in the destruction, loss, or damage of natural, scenic or historic features of significant importance;
6. Compliance With Standards: The proposed use will comply with all additional standards imposed on it by the particular provision of this Title authorizing such use; and
7. Regulatory Purposes: The proposed use will be in harmony with the general and specific purposes for which the Zoning Regulations and the regulations of the district in question were enacted.
F. Protective Conditions: The PCZBA may recommend, and the Board of Trustees may require, conditions or restrictions upon the construction, location, and operation of a special use as shall be deemed necessary to ensure compliance with the Board of Trustee's findings and to satisfy the applicable standards found in this Section. Conditions must have a rational nexus to the potential impacts of the proposed special use, and must be roughly proportional, both in nature and extent, to the impacts of the proposed special use.
G. New Ownership: Provided the special use has not abandoned or discontinued, any new owner or occupant of a property previously granted a special use may continue the operation of an established special use provided that: (i) the ordinance granting the special use did not prohibit or restrict the transfer of the special use to a new owner or occupant; (ii) the new owner or occupant complies with all conditions placed upon the special use; and (iii) the new owner or occupant signs a transferee assumption agreement in a form approved by the Village Board within 60 days of the commencement of ownership or occupancy, pursuant to which the new owner or occupant agrees to comply with the Zoning Regulations and any conditions set forth in the ordinance granting the special use. Any failure to meet these requirements is a violation of this Title and constitutes grounds for the revocation of the special use permit.
H. Discontinuation of Special Use: A special use permit shall become null and void if the special use for which the permit was granted ceases for more than six consecutive months. For special uses that are seasonal in nature, such as an outdoor swimming pool, the special use permit shall remain effective so long as the use continues to operate each season.
I. Administrative Approval of Minor Changes: Additions and expansion of an existing special use are permitted only in accordance with the same procedures and standards established under this section for new special uses. However, minor changes in the site plan or design details of an approved special use that are consistent with the standards and conditions applying to the special use, such as the realignment of parking spaces and aisles, the relocation of a driveway, or a change in the selection of building materials, may be approved by the Building Commissioner without obtaining separate approval. Minor changes may be approved by the issuance of a letter of interpretation where the Building Commissioner states that the proposed changes comply with all standards set forth in the Zoning Regulations and all conditions attached to approval of the special use by the Village Board. The Building Commissioner, at their discretion, may forward any request for such changes to the PCZBA and the Village Board for full review and approval in accordance with the requirements of this section, as if the request were for approval of a new special use. No minor change approved by the Building Commissioner may violate any condition imposed by the Village Board in an ordinance approving a special use. (Ord. 2022-38, 12-12-2022)