In order to provide for consideration of certain uses not otherwise permitted within a zoning district, a property owner may apply to the Village Board for approval of a special use for those uses specifically enumerated as such within the applicable district or as outlined in Article XXI of this Appendix A.

A special use is a conditional use and as such is a privilege to be earned and not a right which can be claimed simply upon complying with the standards established in this Article. The Plan and Zoning Commission may recommend and the Village Board may require any reasonable condition to promote proper development or assimilation of the proposed use into the community. Such conditions may be stricter than any requirement or limitation stated elsewhere in this Code. It is not intended that the Village Board automatically grant a special use. The Village Board may: 1) deny the application; 2) refer the application back to the Plan and Zoning Commission for further consideration; or 3) adopt an ordinance approving the special use. The Plan and Zoning Commission may recommend for approval and the Village Board may approve only those special uses which will benefit the Village. Each special use shall be compatible with the character of the neighborhood, reflective of the objectives of the zoning district within which it is proposed and consistent with the objectives of the Village's Comprehensive Plan. (Ord. 03-1155, 3-18-2003)

The Village Board shall have sole jurisdiction to approve a special use. A public hearing shall be held and the Plan and Zoning Commission shall issue written recommendations in accordance with the provisions of Chapter 4 of this Code. No use identified by this Appendix A as a "special use" shall be established without the approval of the Village Board in accordance with the standards established in this Article. Any addition to change in or expansion of an existing special use shall be permitted only in accordance with the same procedures and standards established under this Article for original special uses. (Ord. 03-1155, 3-18-2003)

The following standards shall be utilized in considering special use applications. These standards shall be used as a framework within which the Village may test the appropriateness of the use at a specific location.

1. The special use shall conform with the general planning policies, goals and objects of the Village's Comprehensive Plan.
2. The special use shall be compatible with the uses of surrounding properties and with the character of the neighborhood in which the special use is to be located.
   1. Potential adverse effects on nearby properties shall be mitigated through the building design, site design, landscaping and screening.
   2. Potential adverse effects on nearby properties by the operation of the use may be minimized through limiting or placing conditions on the hours of operation, noise, delivery activities, refuse collection and lighting.
3. The proposed special use may not cause an undue burden on any of the public infrastructure and/or will not diminish the existing tax base.
   1. If the tax base will be diminished, the applicant must provide a written report detailing the public service to be rendered by the operation of the special use.
4. The special use will not have adverse environmental impacts.
   1. Adequate garbage and debris removal will be provided to serve the special use. In addition, all refuse will be stored in fully enclosed areas designed to minimize the impact on adjacent land uses.
   2. The special use must assure that levels of noise, odor, vibration and light pollution are the minimum that technologically and commercially are feasible and must meet the performance standards of this Code.
5. There will be no negative impact as a result of the traffic, parking and circulation on the property and the surrounding area.
   1. The property must provide for adequate and safe vehicular and pedestrian access, vehicle stacking spaces and loading areas to serve the special use.
   2. Adequate parking areas will be provided to accommodate the special use.
   3. The special use will not generate traffic that is uncharacteristic of the neighborhood in which it is to be located.
   4. Adequate measures already exist or will be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion on the public streets.
6. The special use shall provide amenities that enhance the neighborhood in which it is located.
7. The design of the special use will be an enhancement to the neighborhood. (Ord. 03-1155, 3-18-2003)
   

No special use shall be recommended by the Plan and Zoning Commission unless the Commission shall find in the affirmative as to each of the following:

1. The establishment, maintenance and operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity, nor diminish or impair property values within the neighborhood.
3. The special use will not impede the normal and orderly development and improvement of surrounding property for those uses that are specifically permitted in the district.
4. Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided to serve the special use.
5. Adequate measures have been or will be taken to ensure safe ingress and egress to the public streets.
6. The special use conforms in all other respects to the applicable regulations of the district in which it is located, except as to those regulations which may, in each instance, be modified by the Village Board after considering the recommendations of the Plan and Zoning Commission.
7. Provisions or penalties are in place to assure that the special use is maintained in strict compliance with the standards established by the special use ordinance.
8. The tax base will not be diminished by the operation of the special use or if the tax base is diminished, that the benefit to the residents of the Village of Northfield will outweigh the burden of diminishing the tax base.
9. Unless specifically stated otherwise, each special use shall be personal and limited to the petitioner. Upon a change in or transfer of ownership the special use shall lapse. For purpose of this Section change in ownership shall occur when the person to whom the special use was granted holds less than fifty one percent (51%) ownership interest in the use. (Ord. 03-1155, 3-18-2003)
   

All special use applications are subject to the complete review and submittal process before the staff, Plan and Zoning Commission and Village Board as set forth in Chapter 4 of this Code and all other Village regulations. (Ord. 03-1155, 3-18-2003)

Proposed projects that represent a significant departure from the Comprehensive Plan may elect to submit for a preliminary project review, which is entirely elective. See Appendix D, Article I, "Fees", of this Code for the associated fee. (Ord. 09-1436, 12-7-2009)

If a special use involves any structure or other site elements not in compliance with the regulations of the district in which the special use is to be located, then no special use approval shall be granted unless variations have been granted with respect to such noncomplying features. In the case of any special use application, the Plan and Zoning Commission may recommend and the Village Board may approve exceptions to the applicable regulations of this Appendix A as are deemed necessary and appropriate. Necessity and appropriateness shall be determined in accord with the variation procedures set forth in Chapter 4, Article IX of this Code. (Ord. 03-1155, 3-18-2003)

Except as provided below, any modifications to an approved special use shall require separate review and approval under this Article as an amendment to the special use. Any application for approval of such a change, addition or expansion shall be filed, processed, reviewed, and approved or denied in the same manner as an original special use application.

1. Minor Changes. Unless specifically referenced in the special use, minor changes in locations or sizes shown on exhibits may be approved, in writing, by the Director of Community Development. Typically, a minor change will not involve a percentage change greater than three percent (3%). However, not all changes of less than three percent (3%) shall necessarily be deemed to be minor. The determination of the Director of Community Development as to whether a change is a minor change shall be final.
2. Village Board Approved Changes. The Village Board may approve, without referral to the Plan and Zoning Commission, such other changes as it finds: a) are in the best interest of the Village; b) do not involve changes in numerical values found in the text of the special use ordinance; and c) do not have a substantial, direct impact on adjacent properties. The determination of the Village Board as to whether a requested change should be referred to the Plan and Zoning Commission shall be final.
3. Changes Requiring A Public Hearing. Any change involving a size, quantity or other numerical value found in the text of the special use ordinance or any change having substantial, direct impact on adjacent properties shall not be made except after a public hearing before the Plan and Zoning Commission. Additionally, the Village Board or the Director of Community Development may refer any requested change to the Plan and Zoning Commission for public hearing when either believes it would be in the best interest of the Village to do so.

If a developer requests more than two (2) changes pursuant to subsection (B) of this Section, the third and subsequent change may be granted only upon the affirmative vote of at least five (5) of the members of the Village Board.

Any requested change will be considered only after the establishment of a cash escrow with the Village in an amount, as estimated by the Director of Community Development and building, that will cover all Village costs including, but not limited to, all outside consultant fees. (Ord. 03-1155, 3-18-2003)

The approval of a special use shall lapse and be of no further force and effect unless a building permit has been issued or if no building permit was required, the petitioner has taken occupancy of the site within one year after the date of the ordinance approving the special use. An applicant who has obtained special use approval may request an extension of this time period by filing with the Director of Community Development a letter stating the reasons for the request. The Director of Community Development shall transmit the letter to the Village Board, which in its sole discretion, may grant the request if good cause is shown by the applicant.

Any discontinuation of an approved special use for a period of one hundred eighty (180) consecutive days shall constitute abandonment and the approval of the special use shall automatically lapse. This shall not apply, however, to a special use, which is seasonal in nature, such as outdoor eating areas so long as the use continues in operation each season. (Ord. 03-1155, 3-18-2003)

No application for a special use shall be filed with or accepted by the Director of Community Development, which is identical or substantially similar to an application, which has been denied by the Board of Trustees within the previous three hundred sixty five (365) days for the same site. (Ord. 03-1155, 3-18-2003)