(A) Authority: The Board of Trustees has the authority to grant special use permits authorizing the development of uses listed as special uses in the regulations applicable to the district in which the lot is located in accordance with the procedures set forth in this chapter and subject to the standards set forth in this section.
(B) Purpose: It is recognized that there are uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district or districts without 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.
(C) Initiation Of Special Uses: Any person owning or having an interest in the property may file an application to use the property for 1 or more of the special uses provided for in this chapter and in the zoning district in which the property is situated.
(D) Procedure:
(1) Application. Applications for zoning permits must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.
(2) Hearing. A public hearing will be set, noticed, and conducted by the Plan Commission in accordance with §§ 159-2.202 and 159-2.203 of this part.
(3) Action By Plan Commission. Within 45 days following the conclusion of the public hearing, the Plan Commission will transmit to the Board of Trustees its recommendation, recommending either granting the application for a special use permit; granting the application subject to conditions; or denying the application. The failure of the Plan Commission to act within 45 days, or such further time to which the owner may agree, will be deemed a recommendation for the approval of the proposed special use permit.
(4) Action By Board Of Trustees. Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees will either deny the application or, by ordinance duly adopted, 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 owner may agree, will be deemed to be a decision denying the special use permit. Any proposed special use that fails to receive the approval of the Plan Commission will not be approved by the Village Board except by a 2/3 vote of all Village Board members then holding office.
(E) Standards:
(1) General Standards. No special use permit may be recommended or granted pursuant to this section unless the owner establishes that:
(a) The proposed use and development will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district in question were established and with the general purpose and intent of the Village of Lindenhurst Comprehensive Plan.
(b) The proposed use and development will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and not substantially diminish and impair property values within the community or neighborhood.
(c) 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 zoning district regulations.
(d) The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities including public water supply system and sanitary sewer, police and fire protection, refuse disposal, public parks, libraries, schools, and other public facilities and utilities or the applicant will provide adequately for such facilities.
(e) The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets. Also, adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(f) 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) The special use will, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Village Board pursuant to the recommendations of the Plan Commission.
(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 owner shall establish compliance with such special standards.
(F) Findings Of Facts: Where required by statute, a special use will be accompanied by findings of facts specifying the reason or reasons for the allowance or denial of the special use.
(G) Conditions On Special Use Permits: The Plan 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 chapter upon the property benefited by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other lots and improvements in the vicinity of the subject lot or upon public facilities and services. Conditions will be expressly set forth in the ordinance granting the special use and may include, but are not limited to, 1 or more of the following: size, height, and location of proposed buildings and structures; landscaping and screening; parking and loading areas; signage; traffic flow and access requirements; lighting; hours of operation; open-space areas; drainage and stormwater facilities; or architectural and engineering features. These conditions will be in addition to any regulations contained in the underlying zoning district or other applicable regulations of the Village. Violation of any condition or limitation will be a violation of this chapter and constitute grounds for revocation of the special use permit.
(H) Permit Effective Date: The permit will become effective upon adoption of the appropriate ordinance by the Board. In the event that a special use permit is filed in conjunction with a rezoning, the permit will not become effective until the date of enactment of the ordinance authorizing the rezoning. In the event that some additional approval is required by some other governmental authority or agency, the permit will not become effective until that approval is received.
(I) Time Limit Of Special Use Permits: Special use permits will be valid for an unlimited period unless a lesser period is provided in a particular permit. Prior to the expiration of the time limit specified in a particular permit, the property owner may request that the special use permit be reviewed by the Village Board, which may extend it for an unlimited period or for a specified additional period of years.
(J) Failure To Commence Construction Or Operation: Unless otherwise stated in the conditions of a particular special use permit, substantial construction or operation of the special use where construction is not required must commence within 1 year of the effective date of the permit unless such time period is extended by approval of the Village Board. If no appeal is made or no extension of time is received or granted, the permit will immediately terminate upon expiration of the 1 year period.
(K) Revocation: In any case where a special use has not been established within 1 year after the date of granting thereof, then without further action by the Plan Commission or the Village Board, the special use authorization will be null and void.
(L) Discontinuance Of Use: A special use permit will automatically expire and cease to be effective if the use is discontinued for a period of 6 consecutive months or more.
(M) Transferability: All special use permits are approved for the specific lot or parcel of land, and may not be transferred to any other location. An approved special use permit is transferable to any subsequent land owner unless otherwise specified at the time of the approval of the special use permit.
(N) Procedure To Amend Approved Special Use Permit: Any expansion, increase in extent of operation, or other changes made to a special use beyond that which was designated on the original special use permit application and/or authorized by ordinance by the Village Board, will be considered an amendment to the special use permit. In order to amend an existing special use permit, the application procedures, required materials, and approval process are the same as for a new permit.
(O) Effect Of Denial Of A Special Use: No application for a special use which has been denied wholly or in part by the Village Board may be resubmitted for a period of 30 days from the date of the order of denial.
(Ord. 17-2-2065, passed 2-27-2017)