(A) Purpose. This subchapter will establish procedures for provisional and special use review. The provisional and special use process allows flexibility in this chapter by allowing uses in certain districts that would not otherwise be permitted. Such uses may generally be compatible in a district, but depending on how the use is designed and operated, there is a potential that the use could be incompatible with the rest of the neighborhood.
(B) Provisional use. A provisional use is generally compatible with the other uses permitted in a zoning district, but requires individual review of their location, design, operation, configuration, and intensity to mitigate any potential adverse effect on surrounding lands. Such uses need to show information on a site plan to demonstrate compliance. The Planning and Zoning Board needs to conduct a more thorough review to ascertain that the additional provisions are being met. A valid provisional use permit, authorized by the Planning and Zoning Board and the Village Board of Trustees in accordance with the procedures stipulated herein, is required before applying for a building permit or a certificate of occupancy.
(C) Special use. A special use is potentially appropriate in and compatible with other uses in its zoning district, but, due to the scale and nature of the use, the special use has a potential to make a major negative impact on its district and the village as a whole. Such uses necessitate close examination, site plan review, individual regulation and notification of surrounding land owners. The proposed special use must serve a special need or be required at that specific location for the public convenience. A valid special use permit, authorized by the Planning and Zoning Board and the Village Board of Trustees in accordance with the procedures stipulated herein, is required before applying for a building permit or a certificate of occupancy.
(D) Continuance. Permits for provisional uses and special uses do not necessarily run with the property. When a provisional or special property use undergoes a change in ownership, management, or operation that is inconsistent with the initial permit application, and any conditions of approval of that application, said change will require, upon determination by the Zoning Administrator, a review of the provisional or special use by the Zoning Administrator or a new and complete re-application before the Planning and Zoning Board as required by this chapter. All reviews shall determine whether or not the change results in conditions inconsistent with the original requirements mandated at the issuance of the permit. All decisions by the Zoning Administrator may be appealed as provided under this chapter.
(E) Existing provisional and special uses.
(1) Where a use exists on the effective date of this chapter and it is classified as a provisional use or special use by said chapter, it shall be considered a lawful use. Additions or alterations to existing buildings or land improvements for expansions of lawful uses may be made within the area of the lot included in the ownership existing on February 18, 2020, but they shall be subject to yard, floor area ratio, and building height requirements set forth in this chapter for permitted uses in the districts in which they are located.
(2) A change in ownership will require conformance to the requirements of § 154.038.
(Ord. 2020-O-3, passed 2-18-2020)