§ 30-5.16. Special rules applicable to units of local government.

(a)

Purpose and Applicability.

(1)

This section contains special rules and standards that apply to uses owned or operated by Units of Local Government. Because these units of local government, as publicly elected bodies, represent the Village as a whole, it can be presumed that their activities by and large operate to promote the public health, safety, and welfare. This unique characteristic of units of local government, as well as the nature of the uses they own and operate, merits the application of special rules and standards to govern their land use activities. The terms of this section apply only to Units of Local Government. The terms of this section shall not apply, however, to a use or structure that is occupied or operated by a tenant of a unit of local government, unless the tenant itself is a unit of local government or is performing a governmental function.

(2)

Any land use or structure owned, operated, or occupied by a Unit of Local Government shall be fully subject to all applicable requirements and limitations in this Ordinance, except as modified in this section. Nothing in this section shall be interpreted as an exemption from any requirements or limitations set forth elsewhere in this Ordinance. However, where the terms of this section directly conflict with the terms of any other applicable provisions of this Ordinance, the terms of this section shall prevail.

(b)

Additions or Expansions Requiring New Special Use Approval. For uses owned or operated by Units of Local Government, an addition or expansion of a special use requiring new special use approval shall be deemed to occur where:

(1)

The unit of local government proposes:

(A)

To expand an existing facility or establish a new facility at a location; or

(B)

To increase the number or sizes of the buildings at a location; or

(C)

To make any other expansion in the physical facilities at the location.

(2)

The expansion, on a long-term basis, will substantially increase traffic to the location, or the hours during which the location is used by the public, or the amount of noise or artificial light in the neighborhood of the location; and

(3)

The proposal presents a substantial question in relation to any one or more of the special use approval standards of this Ordinance.

(A)

A "substantial question" shall not exist where the proposal is limited to any or all of the following:

(i)

Interior remodeling of an existing building; or

(ii)

The resurfacing of existing tennis courts, parking lots, or similar permanent surfaces; or

(iii)

The installation of new, or rearrangement of existing, playground or recreational equipment or landscaping in an existing park; or

(iv)

The installation, modification, or repair of drainage systems; or

(v)

Other maintenance or repair of existing buildings, structures, or equipment; or

(vi)

Other additions or changes of comparable or less significance that are not likely to result in an increase in the use of the location.

(c)

Standards of Review for Special Uses.

(1)

Where an application for approval of a special use is filed by a Unit of Local Government, the special use approval standards of this Ordinance shall be modified as follows, provided that such modifications shall not apply unless the unit of local government, prior to reaching its decision to proceed with the project covered by the proposed variation or special use, sends (by first class mail) written notice of the date, time, place, and purpose of a public meeting at which the project will be considered to all owners and occupants of property located within two hundred fifty (250) feet of the subject property.

(2)

It shall be presumed, unless the contrary is demonstrated by the preponderance of the evidence:

(A)

That the establishment, maintenance, or operation of the proposed use in the specific location will not be detrimental to or endanger the public health, safety and welfare; and

(B)

That the applicant has made adequate legal provision to guarantee the provision and development of any buffers, landscaping, public open space and other improvements associated with the proposed use.

(d)

Standards of Review for Variations.

(1)

Where an application for a variation is filed by a Unit of Local Government, the variation approval standards of this Ordinance shall be modified as follows, provided that such modifications shall not apply unless the unit of local government, prior to reaching its decision to proceed with the project covered by the proposed variation or special use, sends (by first class mail) written notice of the date, time, place, and purpose of a public meeting at which the project will be considered to all owners and occupants of property located within two hundred fifty (250) feet of the subject property.

(2)

It shall be presumed, unless the contrary is demonstrated by the preponderance of the evidence:

(A)

That the particular physical conditions, shape, or surroundings of the property would impose upon the owner a practical difficulty or particular hardship, as opposed to a mere inconvenience, if the requirements of this Ordinance were strictly enforced; and

(B)

That the plight of the property owner was not created by the owner and is due to unique circumstances; and

(C)

That the difficulty or hardship resulting from the application of this Ordinance would prevent the owner from making a reasonable use of the property.

(e)

Votes by Village Board to Approve Special Uses or Variations. Where an application for a special use or variation is filed by a Unit of Local Government, and fails to receive a recommendation of approval from the Zoning Board of Appeals, the Village Board may approve the special use or variation by a majority vote of those members present and voting, rather than by the favorable vote of five (5) members of the Village Board.

(f)

Enlargement or Alteration of Existing Non-conforming Structures. Any structure which is owned, operated, or occupied by a Units of Local Government, and which is non-conforming due to the minimum yard requirements or height limits of this Ordinance for the district in which it is located, may be enlarged or altered without obtaining a variation provided that:

(1)

The enlargement or alteration itself conforms to the district requirements of this Ordinance.

(2)

The total structure as enlarged or altered does not encroach further into the required yard area or exceed the maximum floor area ratio limit for the applicable district.

(3)

The property owner or developer secures a building permit for the enlargement or alteration.

(Code 1993, § 20-5.16)