§ 30-5.3. Special use.

(a)

Purpose. The development and execution of a Zoning Ordinance is based upon the division of the Village into districts. Within each district the use of land and buildings, and the bulk and location of structures in relation to the land, are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and the need for the particular use at the particular location. Such uses may be either public or private, and the imposition of individualized conditions may be necessary to ensure that the use is appropriate at a particular location.

(b)

Initiation. A special use may be initiated by the owner of any property in the Village affected by the proposed special use or other person expressly authorized in writing by the owner, or any unit of government that is not the property owner of a lot but proposes to acquire the lot by purchase, gift or condemnation.

(c)

Authority and Execution. The Village Board, after receiving a recommendation from the Zoning Board of Appeals, will take formal action on special use requests.

(d)

Procedure.

(1)

Application.

(A)

All applications are filed with the Zoning Administrator in accordance with the requirements of Section 30-4.2 (Application). Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Zoning Board of Appeals.

(B)

The application must include a written statement by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in this Ordinance for special uses. The application must be accompanied by such plans or data, or both, as specified by the rules of the Zoning Board of Appeals. If the proposed special use involves the construction, demolition or external modification of any structure, then the application must be accompanied by a site plan showing the proposed work and other site features relevant to review of the proposed use.

(C)

Where deemed necessary by the Zoning Board of Appeals, the applicant may also be required to submit a traffic generation and traffic impact analysis of the proposed special use.

(D)

The applicant for special use approval must include a request for all needed variations in the special use. Such request will be processed by the Zoning Board of Appeals in the same manner set forth in this Article for variation applications. The notice required for a variation will be incorporated into the notices required for the special use. The public hearing required for a variation application will be combined with the special use application public hearing, and the recommendations of the Zoning Board of Appeals regarding such a variation application made a part of that report to the Village Board regarding the special use.

(2)

Review by the Zoning Administrator. After determining that the application is complete, the Zoning Administrator will review the application. Prior to the scheduled public hearing, the Zoning Administrator will forward to the Zoning Board of Appeals copies of the complete application and a written report summarizing the facts of the case, including all relevant documents and incorporating or summarizing any oral and written comments received by the Zoning Board of Appeals before the public hearing. The Zoning Administrator will also forward a copy of the written report to the applicant prior to the scheduled public hearing.

(3)

Action by the Zoning Board of Appeals.

(A)

The Zoning Board of Appeals shall conduct a public hearing on a proposed special use in accordance with Section 30-4.4 (Public Hearing) within a reasonable time from receipt of a complete application. Notice for the public hearing must be in accordance with Section 30-4.3 (Notice). If, in the Zoning Board of Appeals' judgment, the application does not contain sufficient information to enable the Board to properly discharge its responsibilities, the Board may request additional information from the applicant.

(B)

The Zoning Board of Appeals will evaluate the application and make findings, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in Section 30-5.3.(e) below.

(C)

The Zoning Board of Appeals must vote to recommend either approval, approval with conditions or denial of the special use, and forward such recommendation to the Village Board. The Zoning Board of Appeals shall not recommend approval of any special use unless there is a concurring vote of a majority of all members present, with a minimum of four (4) concurring votes required. The recommendation of the Zoning Board of Appeals may specify such conditions and restrictions upon the proposed special use as may be necessary to satisfy the approval standards and to reduce or minimize any injurious effect of such use upon other property in the neighborhood.

(4)

Action by the Village Board. The Village Board must consider the special use within a reasonable time of receipt of the Zoning Board of Appeals recommendation. The Village Board may take action in the form of approval, approval with conditions, or denial on special use applications. The Village Board may approve or deny positive recommendations of the Zoning Board of Appeals by majority vote of those members present and voting. However, if the application fails to receive the positive recommendation of the Zoning Board of Appeals, then the favorable vote of five (5) members of the Village Board shall be required to approve the special use. Where an application is filed by a Unit of Local Government, the Village Board may approve the special use by only a majority vote if the application fails to receive the positive recommendation of the Zoning Board of Appeals. In granting any special use, the Village Board may require such evidence and guarantees, as it may deem necessary, to assure compliance with the stipulated conditions. The Village Board may also refer the application back to the Zoning Board of Appeals for further consideration.

(5)

Conditions on Special Uses. The Zoning Board of Appeals may recommend, and the Village Board may impose, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as may be deemed necessary for the protection of the public interest.

(e)

Approval Standards for Special Uses.

(1)

No special use may be recommended for approval by the Zoning Board of Appeals and approved by the Village Board unless findings have been made, based upon the evidence presented at the public hearing, to support each of the following conclusions:

(A)

The proposed use in the specific location will be consistent with the goals and policies of the Comprehensive Plan.

(B)

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.

(C)

The proposed use in the specific location will not be injurious to the use or enjoyment of other property in the neighborhood for the purposes permitted in the district.

(D)

The establishment of the special use in the specific location will not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the zoning district.

(E)

The proposed use in the specific location will not substantially diminish property values in the neighborhood.

(F)

Adequate utilities, road access, drainage, and other necessary facilities already exist or will be provided to serve the proposed use.

(G)

Adequate measures already exist or will be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets.

(H)

The proposed use in the specific location will be consistent with the community character of the neighborhood of the parcel proposed for the special use.

(I)

Development of the proposed use will not substantially adversely affect a known archaeological, historical, or cultural resource located on or off the proposed site.

(J)

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.

(K)

The proposed use will meet any and all additional use standards specified in Article 30-12 of the Zoning Ordinance for such a use.

(2)

Section 30-5.16 (Special Rules Applicable to Units of Local Government) contains special rules and standards that apply to uses owned or operated by Units of Local Government.

(f)

No Presumption of Approval. The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each proposed special use must be evaluated on an individual basis, in relation to all applicable standards of this Ordinance. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed.

(g)

Revocation of Special Use.

(1)

Any discontinuation of an approved special use for a period of one hundred eighty (180) consecutive days constitutes abandonment and results in the approval of the special use being rescinded. This does not apply to a special use that is seasonal in nature, such as an outdoor tennis court or swimming pool, so long as the use continues to operate each season.

(2)

If the recipient does not file an application for a building permit or certificate of occupancy for the proposed use within six (6) months after the date of the ordinance approving the special use, the approval of the special use is rescinded.

(h)

Extension of Special Use. An applicant who has obtained special use approval may request an extension of this time period by filing a letter with the Zoning Administrator stating the reasons for the request. The Zoning Administrator may approve an extension of up to one (1) year when shown good cause by the applicant. Any subsequent extension requests or requests for an extension of more than one (1) year from the date of approval require Village Board approval.

(i)

Expansion and Ownership.

(1)

Additions and expansion of an existing special use are permitted only in accordance with the same procedures and standards established under this section for new special uses. However, minor changes in the site plan or design details of an approved special use that are consistent with the standards and conditions applying to the special use, such as a small shift in the location of a structure, the realignment of parking spaces and aisles, the relocation of a driveway or a change in the selection of building materials, may be approved by the Zoning Administrator without obtaining separate approval by the Village Board. Minor changes may be approved by the issuance of a letter of interpretation where the Zoning Administrator states that the proposed changes comply with all standards set forth in this Ordinance and all conditions attached to approval of the special use by the Village Board. The Zoning Administrator, at his/her discretion, may forward any request for such changes to the Zoning Board of Appeals and the Village Board for full review and approval in accordance with the requirements of this section, as if the request were for approval of a new special use. No minor change approved by the Zoning Administrator may violate any condition imposed by the Village Board.

(2)

Unless the Village Board expressly provides in the ordinance granting a special use that the special use attaches to the property itself and runs with the land, then each approved special use or a permitted use made a special use on the effective date of this Ordinance, shall run only so long as the use exists and is operated on the subject property and is not abandoned.

(3)

Provided the special use is not abandoned or discontinued, any new owner or occupant may continue the operation of the special use, but only in accordance with the plans and conditions previously approved by the Village Board and set forth in the ordinance creating the special use, or in the case of a special use created on the effective date of this Ordinance, only in the manner in which such use existed on that effective date. Any failure to conform to such plans and conditions rescinds the approval of the special use.

(Code 1993, § 20-5.3)