A. General Standards for the Granting of Special Use Permits. No special use permit shall be granted unless it is found:
1. That the establishment, maintenance and operation of the special use will not be detrimental to or endanger the public health, safety, comfort, morals or general welfare;
2. That the special use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity which are permitted by right in the district or districts of concern, nor substantially diminish or impair property values in the immediate vicinity;
3. That the establishment of the special use will not impede the normal and orderly development or improvement of other property in the immediate vicinity for uses permitted by right in the district or districts of concern;
4. That adequate measures have been or will be taken to provide ingress and egress in a manner which minimizes pedestrian and vehicular traffic congestion in the public ways;
5. That adequate parking, utilities, access roads, drainage and other facilities necessary to the operation of the special use exist or are to be provided;
6. That the special use in all other respects conforms to the applicable regulations of this and other Village ordinances and codes. In the event that the application for special use permit involves a request for variation from the terms of this title, such request, subject to required notification procedures, may be considered at the same public hearing at which the proposed special use is reviewed by the Board of Appeals.
B. Additional Standards for Granting Special Uses for Antenna Arrays in the C-1 and C-2 Zoning Districts. In addition to the standard set forth in this section for consideration of special use permit applications, no special use for a WTSF in the WTSF Overlay District of the C-1 and C-2 Zoning Districts shall be granted unless it is found:
1. That the location of antennas on existing structures in the C-1 or C-2 Zone is a matter of absolute engineering necessity in order to operate the applicant's network;
2. That locating its antenna array on the western edge of the golf course, at 1390 Willow Road, on the landfill or on the golf netting poles is not technically feasible and there is no replacement site available on the smokestack of the Water and Electric Plant or on the monopole at the Public Safety Building;
3. If a roof-mounted antenna array is being proposed, that there are no feasible locations for a wall-mounted array or for an antenna array using concealed facilities within three hundred (300) feet of the proposed roof-mounted array; and
4. If a wall-mounted antenna array is being proposed, that there are no feasible locations for an antenna array to use concealed facilities within three hundred (300) feet of the proposed wall-mounted array.
Any application that meets the foregoing standards and the requirements of Chapter 17.52 shall be deemed to have satisfied subsections (A)(1) through (5) of this Section 17.56.120. (MC-195-97 §§ 15--17, 1997; prior code § 22.13)
C. Additional Standards for Granting Special Uses for Planned Developments. All planned developments shall be subject to the standards and requirements of Chapter 17.58 of this Code.
D. Additional Standards for Granting Special Uses for Properties Located within the C-2 Retail Overlay District. In addition to the standards set forth in Section 17.56.120.A of this Zoning Ordinance, no special use for a property located within the C-2 Retail Overlay District shall be granted unless it is found that the standards set forth in Section 17.44.020.B.2.b of this Zoning Ordinance are satisfied.
E. Additional Considerations and Standards for Granting Special Uses for Large Lot Consolidations. In considering a request for a special use permit pursuant to Section 17.030.010H or Section 17.030.020F, the Village Council may consider such factors as, without limitation, the extent to which the proposed special use would be inconsistent with the general lot size, average lot width, or character of properties located adjacent to or on the same block face of the subject lot. In granting a special use permit required pursuant to Section 17.030.010H or Section 17.030.020F, the Village Council may impose certain conditions, including without limitation, any one or more of the following conditions, which are in addition to those authorized by Section 17.56.070: (i) the installation of additional landscaping on the lot; (ii) an increase in any minimum required yard or yards on the lot beyond what is otherwise required by the Zoning Ordinance; (iii) a restriction on the maximum gross floor area on the lot; (iv) a restriction on the maximum roofed lot coverage on the lot; (v) a restriction on the maximum total area of impermeable surfaces on the lot; (vi) a requirement to provide preliminary conceptual plans as are reasonably necessary to evaluate the proposed special use request; and (vii) restrictions to mitigate the impact of construction activity.
(MC-12-2023 § 6, Paragraph E added, 12/19/2023; MC-9-2010, 01/4/2011; MC-3-2015, Amended, 04/9/2015)