(A) Uses permitted through special use permit. Some uses of land, for one or more of the following reasons cannot normally appear as uses permitted as a matter of right, or provisional use in a particular district, but may be permitted through approval of a special use permit:
(1) The use may involve a great deal of land.
(2) The use may be of a public or semi-public character, and as such be important in the development of the village as a whole.
(3) The use may be reasonably approved as to a particular location on account of factors or reasons not applicable to the zoning district as a whole.
(B) Application for special use. No use indicated as a special use or any use not indicated as a permitted or provisional use shall receive zoning approval without applying for and receiving special use approval from the Planning and Zoning Board and the Village Board of Trustees. The application for a special use permit shall be made to the Zoning Administrator and shall demonstrate:
(1) That the proposed use is conducive to the public convenience at that location;
(2) That the proposed use is designed, located, and proposed to be operated so that it will not be unreasonably injurious or detrimental to the district in which it shall be located, or otherwise injurious or detrimental to the public welfare;
(3) That the proposed use conforms to the applicable regulations and standards of, and preserves the essential character of, the district in which it shall be located.
(4) Each application for a special use permit shall include each of the following items:
(a) Application for a special use permit on forms provided by the village, evidence of ownership and fee.
(b) Site plan meeting the requirements for a site plan for a provisional use (§ 154.052(B)).
(c) Architectural elevations and drawings showing all buildings and improvements, including signs.
(d) A development schedule for the proposed development.
(e) Any other information requested by the Planning and Zoning Board to determine if the conditions for the special use will be met.
(C) Procedure for special use review.
(1) Upon receipt of a complete application, the Zoning Administrator shall schedule the item to be reviewed by the Planning and Zoning Board at a public hearing.
(2) The Planning and Zoning Board shall conduct the hearing and make a recommendation to the Village Board of Trustees on the application for a special use permit. The recommendation shall include findings and recommended conditions as provided for in this subchapter.
(3) The Village Board of Trustees shall make the final determination to grant or deny the special use permit application.
(D) Findings for granting the special use. Before making any recommendation to the Village Board of Trustees to approve or deny the application for a special use permit, the Planning and Zoning Board shall make a determination, based solely upon the evidence presented at a public hearing conducted by the Planning and Zoning Board, on whether the application satisfies all of the following criteria:
(1) That the proposed use meets some public or neighborhood need at the specific location.
(2) (a) That the proposed use is designed, located, and proposed to be operated so that it will not be unreasonably injurious or unreasonably detrimental to the district in which it may be located or otherwise injurious to the public welfare.
(b) This may include concerns such as drainage on neighboring properties, containing effects of operation on the subject site, increase in the danger for fire or crime, visual impact, or impairment of adequate light and air to adjacent properties.
(3) That the proposed use conforms to all applicable regulations and standards of the district in which it shall be located that are reasonably possible.
(4) (a) That the proposed use preserves the essential character of the district in which it shall be located.
(b) Essential character refers to overall intensity, style, appearance or form already established in the area.
(5) That adequate measures have been or will be taken to minimize potential increase in traffic congestion or possible situations that would create poor traffic circulation including access issues.
(E) Conditions for special uses. The Planning and Zoning Board shall make recommendations to the Village Board of Trustees to approve, approve with additional conditions, or to deny the proposed special use permit. The additional conditions may be recommended as appropriate or necessary for the public health, safety, and welfare, and to satisfy the findings required for granting a special use. Such conditions may include but are not limited to the following:
(1) Regulate the location, extent, business hours, and intensity of such uses.
(2) Require adherence to an approved site plan.
(3) Require additional landscaping or screening of such uses by means of fences, walls, and vegetation.
(4) Stipulate required minimum lot sizes, minimum yards, maximum height of buildings and structures.
(5) Regulate vehicular access and traffic volume, and design and location of parking and loading areas and structures.
(6) Require conformance to health, safety, and sanitation requirements, as necessary.
(7) A time limit on the use to allow for review of the use and reapproval.
(8) Regulate signs, architectural features, and outdoor lighting to be more compatible with the surrounding neighborhood.
(9) Require that certain covenants or dedications for public streets be designed and recorded in accordance with the regulations in the subdivision ordinance. Such dedication must be specifically and uniquely attributable to the proposed use. Any requirements for dedication should contain documentation to demonstrate this relationship.
(10) Any other conditions deemed necessary to effect the purposes of this chapter.
(F) Special use permit. A special use permit shall be included as an attachment to the Village Board of Trustees Resolution approving the special use application. The permit shall contain the following information:
(1) A legal description, permanent parcel index number, and common address of the subject property.
(2) The type of special use being granted.
(3) A statement for each finding summarizing how such finding has been satisfied.
(4) Any conditions imposed on the special use as a condition of approval.
(5) A list of any element of the special use site plan which may be subject to flexible requirements during the permit approval stage and the degree of flexibility allowed.
(6) The date the special use permit becomes effective and the expiration date for establishing the special use. Also the date of expiration of the special use, if one is recommended.
(7) Any exhibits, including the site plan and elevation, shall be attached to the special use permit with a statement that the special use approval is conditioned on the project being built in accordance with such plans unless specific exceptions are stated in the special use permit.
(G) Special use amendments — minor. A special use shall be developed in compliance with the special use permit. Minor amendments to the approved special use permit are allowed as follows:
(1) The applicant shall apply for the minor amendment to the approved special use permit on forms provided by the village.
(2) The Zoning Administrator shall review the application, which will be approved by the Planning and Zoning Board. Minor amendments include the following:
(a) Changes that have been allowed through an amendment to the special use permit which are not listed as a major amendment as defined below.
(b) Minor changes in location, siting and height of the buildings that are not a major amendment as defined below. Such change may only be authorized if engineering or other physical limitations of the site, not foreseen at the time the special use permit was approved, warrant such a change.
(H) Special use amendments — major. Major amendments to an approved special use permit may only be requested by application of a new special use permit, in accordance with division (B) of this section, unless additional flexibility is provided for in the original special use permit. Otherwise, the following constitutes major amendments:
(1) An increase in overall lot coverage of the structure by more than 10%.
(2) An increase in height that results in an additional story on any building.
(3) A reduction of overall amount of usable open space or a reduction of any area designated as common open space.
(4) A reduction in off-street loading and parking spaces by 10%.
(5) The change in location of any structure by more than ten feet in any direction.
(6) An overall reduction in the area designated for landscaping treatment in any one phase.
(7) A change in the circulation pattern that would reduce or increase points of access, change access to another street, or increase projected traffic volumes.
(8) A combination of three or more changes classified as minor amendments, which have not been specifically allowed by the special use permit.
(9) A major amendment to an approved special use permit shall not be requested in order to obtain a variation from the minimum requirements of the applicable zoning standards. The Zoning Administrator reserves the right to determine that the application for a major amendment is requesting a variation from the applicable development standards.
(I) Special use expiration and violations. Once a special use is established under the terms of the special use permit, the special use may continue as approved under the following conditions:
(1) The special use permit may be suspended in accordance with the provisions of §§ 154.275 through 154.278, if work authorized by the special use permit is not commenced within six months of the date of the Village Board of Trustees action approving the special use application or within six months of the date of an approved development plan.
(2) In any case where a special use permit has been approved, and the special use has been established, a change in use from the approved special use to another use shall cause the special use permit to expire.
(3) When a special use is discontinued for 12 consecutive months, the special use permit shall expire.
(4) The removal or destruction of a structure containing a special use shall cause the special use permit to expire. DESTRUCTION for the purpose of this division (I)(4), is defined as damage to
an extent of more than 50% of its fair market value immediately prior to the time of destruction.