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A. Purpose. The purpose of special use permits is to enable the Village to approve those uses which are generally compatible with other land uses permitted in a zoning district, but which require individual review of their location, design and configuration and which may require the imposition of conditions in order to ensure the appropriateness of the use at a particular location. The special use for a planned development is designed to encourage flexible application of zoning regulations in order to promote creative or imaginative design. (Ord. 3281 – 8/16/99)
B. Authority. The Plan Commission may in accordance with the procedures and standards of this Section recommend approval of special use permits to the Board of Trustees. (Ord. 4411 – 9/2/08; Amd. Ord. 5167 – 2/20/17)
C. Authorized Special Uses. Only those uses which are authorized in Article 6, or in the zoning districts currently in effect, or those nonconforming uses which are damaged or destroyed and are permitted to be re-established in Section 8-101, may be approved as special uses. The designation of a use in a zoning district does not constitute an authorization or an assurance that such use will be approved; rather, each proposed special use shall be evaluated by the Plan Commission and Board of Trustees for compliance with the standards and conditions set forth in this Section and for each zoning district. Wherever a use existing on the effective date of these regulations is terminated or demolished, subsequent use of the property upon which the use was located shall be permitted only as a special use. Whenever the property underlying a special use changes ownership and the Development Services Department is notified of such change, the Department shall determine whether the potential impacts of such new ownership or other changed condition merit renewed special use review and approval. If the Development Services Department determines that the impacts of the use will be significantly altered by virtue of the new ownership, the Department shall notify the new owner that he or she must initiate an application for a special use permit. Conversely, if the Development Services Department determines that the impacts of the land use will not be significantly altered and that such other changed conditions will not occur, no additional special use approval shall be required. However, such a determination shall not eliminate the need for the new owner to obtain any other types of approvals or permits that may be required by these regulations due to the change of ownership. (Ord. 4411 – 9/2/08; Amd. Ord. 5167 – 2/20/17)
D. Initiation. An application for a special use permit may be submitted by the owner, an agent authorized in writing to act on the owner's behalf, or other person having a written contractual interest in the parcel of land proposed for development under a special use permit.
E. Standards Applicable to All Special Uses. When considering an application for a special use permit, the decision making body shall consider the extent to which:
1. The special use will be consistent with the purposes, goals, objectives and standards of the Comprehensive Plan, any adopted overlay plan and these regula-tions;
2. The special use will be consistent with the community character of the immediate vicinity of the parcel proposed for development;
3. The design of the proposed use will minimize adverse effects, including visual impacts on adjacent properties;
4. The proposed use will have an adverse effect on the value of adjacent property;
5. The applicant has demonstrated that public facilities and services, including but not limited to roadways, park facilities, police and fire protection, hospital and medical services, drainage systems, refuse disposal, water and sewers, and schools will be capable of serving the special use at an adequate level of service;
6. The applicant has made adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development;
7. The development will adversely affect a known archaeological, historical or cultural resource; and
8. The proposed use will comply with all additional standards imposed on it by the particular provision of these regulations authorizing such use and by all other applicable requirements of the ordinances of the Village.
F. Special Use Permits and Bulk Regulations. The Board of Trustees may approve a special use permit that modifies or waives the minimum development requirements set out in Article 6 of these regulations provided that the Board expressly finds that the modification or waiver will enhance the ability of the proposed special use to meet the general standards set out in Section 5-105(E) for all special uses. (Ord. 4411 - 9/2/08)
G. Special Uses.
1. Applications. An application for a special use permit, including applications for all planned developments, shall be submitted to the Development Services Department in a form provided by the Development Services Department. Applicants for special use permits for development of 1,000 acres or more must also apply for rezoning to the Large Scale Planned Development District. Petitions or applications for special uses must move through the public hearing process as outlined in Section 5-101 of these regulations. (Ord. 2514 – 1/17/94; Amd. Ord. 4411 – 9/2/08; Amd. Ord. 5167 – 2/20/17)
H. Effect of Issuance of a Special Use Permit. Issuance of a permit for a special use shall be deemed to authorize only the particular use for which it is issued. Such permit shall not automatically expire upon the transfer of the property to a subsequent owner. Procedures should be followed in accordance with the provisions of Section 5-105 (C). (Ord. 2462 - 10/18/93)
I. Development Under an Approved Special Use Permit.
1. Development of the use shall not be carried out until the applicant has secured and maintained active approvals of all other permits and approvals required by these regulations, the Building Code, the Village, or regional, state and federal agencies and until the approved special use is recorded in accordance with Section 5-105.H. (Ord. 4411 - 9/2/08; Amd. Ord. 5126 - 9/19/16)
J. Inspection During Development Under a Special Use Permit.
1. Following issuance of a special use permit, the Development Services Department shall review on a quarterly basis until the completion of the development, all permits issued and construction undertaken, shall compare actual development with approved plans and permits for development and the approved development schedule, if any, and shall report his or her findings in writing to the Village Manager and the Plan Commission. (Ord. 4411 - 9/2/08)
2. If at any time during the construction of the development approved by the special use permit, the Development Services Department determines that development is not proceeding in accordance with the special use permit as approved, then the Department may issue a stop work order and immediately notify the Village Manager. Within thirty (30) days of the issuance of the stop work order, if the violation is not corrected, the Board of Trustees shall schedule a meeting to consider the violation, conduct a full investigation into the facts and circumstances surrounding the alleged violation, and either revoke the approved special use permit or amend the special use permit in accordance with the provisions of Subsection L or M below. (Ord. 4411 - 9/2/08)
K. Approval of Minor Deviations. If the Development Services Department finds that minor deviations from the approved plans and schedule are necessary or desirable, the Department may approve the deviations and amend the special use permit per the administrative Appearance Review process (see Section 5-106). Minor deviations shall be limited to the following: (Ord. 4411 - 9/2/08; Amd. Ord. 5126 - 9/19/16)
1. Reduction of the total amount of open space by not more than five percent (5%) or reduction of the setback area or open space associated with any single structure by not more than five percent (5%), provided that such reduction does not permit the required open space to be less than that required by Section 6-302;
2. Alteration of the location, type or quality of required landscaping elements of the special use permit as long as the alteration does not change the overall effect of the landscaping; and
3. Minor alterations in building siting and parking. (Ord. 5126 - 9/19/16)
L. Other Amendments or Adjustments. Any other adjustments or changes not specified in subsection N above shall be considered amendments to the special use permit and shall be granted only in accordance with procedures for original approval of a special use permit, as set forth in this Section.
M. Inspections After Development.
1. Inspections by the Development Services Department. Following completion of the development of a special use, the Development Services Department shall review the development for compliance with the use as approved. If it is determined that the special use has been developed in accordance with the approval, then a Certificate of Occupancy shall be issued in accordance with Section 5-103. If the Development Services Department finds that the development, as completed, fails in any respect to comply with the use as approved, the Department shall immediately notify the applicant of such fact. The Development Services Department shall not issue a Certificate of Occupancy pursuant to Section 5-103 until the Plan Commission has acted on the Department's notification of non-compliance. (Ord. 4411 - 9/2/08; Amd. Ord. 5126 - 9/19/16)
N. Termination of Special Use Permits. If construction of a special use permit has not been completed in accordance with the provisions of Subsection J above, or the Plan Commission has determined that construction has not been completed in accordance with the provisions of the approved permit, the Board of Trustees shall conduct a public hearing in accordance with the provisions of Section 5-101. Upon the conclusion of the public hearing, the Board of Trustees may terminate or modify the special use permit. In making such a decision, the Board shall consider whether there are substantial and legitimate reasons why construction of the special use was either not timely or in compliance with the original approval and whether the termination of such permit will advance the goals and objectives of the Comprehensive Plan and the standards applicable to the original approval. Unless extended pursuant to Section 5-105.I, special use permits shall expire three years after the date of approval by the Board of Trustees if the applicant has not started the approved work. Special use permits shall also expire if they are not utilized for three years unless an extension is granted by the Board of Trustees. (Ord. 3354 - 4/17/00; Amd. Ord. 4411 - 9/2/08; Amd. Ord. 4574 - 7/6/10)