In general, use of land and buildings in the village is substantially uniform in relation to the adjacent use of land and buildings within the different zoned areas of the village. It is hereby recognized that special uses may exist, which by their unique characteristics, cannot be classified in a particularly zoned area. Thus, the policy and purpose of this chapter is to provide a flexible means of permitting certain exceptions to the zoning districts established under this title when certain conditions exist to warrant such special use. In the case of a permissible special use that would otherwise be an exception to the zoning rules and regulations adopted herein, the public benefit of such special use outweighs the potential harm to the public welfare and to the adjacent property owners under such conditions imposed as are necessary to protect the public health, safety and welfare, and individual property rights of adjacent property owners. (Ord. 2004-16, 9-7-2004)

A "special use" is a use, which by its unique characteristics and nature, is necessary or desirable for the public welfare, but which is potentially incompatible with the uses normally permitted in the zoning districts established under this title. (Ord. 2004-16, 9-7-2004)

An application for a special use permit may be filed by any person having a freehold interest in a parcel of property, or a possessory interest entitled to exclusive possession (with the concurrence of the person holding the freehold interest), or a contractual interest which may become a freehold interest, or an exclusive possessory interest which is otherwise specifically enforceable.

An applicant must submit a special use permit application or petition with all necessary supporting documentation, including a map or diagram with measurements and specifications, to the zoning officer at least twenty one (21) days prior to the zoning board meeting at which the application will be considered by the zoning board. The applicant must also submit payment of any required fees or costs with the application.

The special use permit application form shall be available at the village hall during regular business hours or from the zoning officer. The special use permit application shall be in a form as established by the zoning board, which shall include: a) the name and address of applicant and owner, b) the location of property for which the special use is being sought, c) a description of the specific special use being sought, d) facts sufficient to demonstrate that the conditions and standards set forth in this chapter have been met, and e) plans, data, maps, and documents necessary for the proper understanding of the application. The zoning officer shall provide a copy of the application and supporting materials to each zoning board member at least seven (7) days prior to the zoning board meeting when the application will be considered.

Upon receipt of a special use permit application, the zoning officer shall set the public hearing on the application on the agenda for the next appropriate zoning board meeting. The zoning officer shall assist the applicant in causing notice of the hearing to be published at least once, not more than thirty (30) days and not less than fifteen (15) days before the hearing, in the "Woodford County Journal", Roanoke-Benson edition, which is circulated in the village of Roanoke. The notice shall set forth the date, time, and place of this hearing, and shall include a description of the particular location for requested special use and a brief statement describing the requested special use. The applicant shall pay the publication cost for this notice in addition to the special use permit application fee.

The applicant shall additionally provide notice of the public hearing to all property owners located within two hundred fifty feet (250') of the subject property for which the special use is being requested. This notice shall be personally served on said property owner. If personal service cannot be made on a particular property owner, this notice may be mailed to the property owner by certified mail, return receipt requested.

If an applicant or other interested party requests a special meeting of the zoning board to review a special use permit application or to hold a public hearing thereon, then the cost of said special meeting shall be paid by such requesting person. This cost shall include the salary of each zoning board member and the zoning officer for attending the special meeting. (Ord. 2004-16, 9-7-2004)

Neither the nonconforming or special use of, or a variance granted for, neighboring lands or structures in the same district or the permitted use of lands or structures in other districts shall be considered as justification or grounds by the village board for the issuance of a special use permit. As such, these other nonconforming or special uses, variances, or permitted uses shall not establish a precedent for granting a future or similar special use. (Ord. 2004-16, 9-7-2004)

No special use may be authorized by the zoning board unless, in accordance with the procedures and requirement set forth in this chapter, the zoning board makes the following findings:

   (A)   That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

   (B)   That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood;

   (C)   That the special use conforms to the applicable regulations and standards of, and preserves the essential character of, the district in which it may be located;

   (D)   That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district and will not be in conflict with the village's comprehensive plans for development;

   (E)   That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

   (F)   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

   (G)   That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the village board pursuant to the recommendations of the zoning board. (Ord. 2004-16, 9-7-2004)

   (A)   The chairman (or acting chairman) of the zoning board shall announce the public hearing on the special use.

   (B)   A summary of the special use shall be provided to the zoning board and the public by the chairman of the zoning board or his designee, which shall include whether proof of publication of the notice for the hearing has been provided and a brief description of both the property and the requested special use.

   (C)   The applicant for the special use shall then be permitted to describe the requested special use and provide any evidence, including testimony of witnesses, to support the special use permit request.

   (D)   At the conclusion of the presentation of the special use request by the applicant, the chairman shall allow public comment, including evidence and testimony from any opposition to the special use request. Furthermore, any parties opposing the special use request shall be allowed to cross examine any testimony provided by the applicant, and the applicant may likewise cross examine any testimony provided by the opposing party. The chairman may limit opposing parties to one or more representatives during the hearing when appropriate for the proper and efficient conduct of the meeting.

   (E)   During the presentation of evidence and comment in support of or against the special use request, the chairman may allow zoning board members to also ask questions or make comment as the chairman determines to be appropriate.

   (F)   At the conclusion of the presentation of evidence and comment in support of or against the special use request, the chairman shall allow the zoning board to further discuss and deliberate on the decision to recommend approval or disapproval of the special use request.

   (G)   The chairman, or the acting chairman, of the zoning board shall administer oaths to all witnesses testifying at the hearing and may compel attendance of witnesses at the hearing.

   (H)   The zoning board may, by majority vote, postpone or adjourn from time to time any public hearing on the special use application. In the event of such postponement or adjournment, further publication of such action need not be made. Furthermore, if the zoning board does postpone or adjourn the public hearing, no additional costs shall be assessed against the applicant or other interested party for any subsequent meetings. (Ord. 2004-16, 9-7-2004)

The zoning board shall make a report to the village board on the special use application and the public hearing held to review the special use application. The zoning board shall make a recommendation to the village board on the special use request upon the concurring vote of a majority of the zoning board members present provided a quorum exists to conduct the hearing. Within thirty (30) days after the close of the public hearing on a special use application, the zoning board shall make their report and recommendation to the village board.

The zoning board may also recommend that reasonable conditions, safeguards, and restrictions be imposed by the village board if it grants the application for special use permit in order to protect the neighboring properties or the public health, safety, and welfare, or to otherwise carry out the general purposes and intent of this title. (Ord. 2004-16, 9-7-2004)

   (A)   Zoning Board Report: The village board shall not act upon a special use permit application until the village board has received the written report and recommendation from the zoning board.

   (B)   Evaluation Of Special Use Application: As provided herein, the village board shall not be bound by the findings or recommendations of the zoning board. Accordingly, the village board may make findings of fact different from the zoning board's findings based upon the evidence received at the public hearing in front of the zoning board. Also, the village board may further discuss the positions of the applicant and any opposing parties with these parties during their evaluation of the special use application.

   (C)   Adoption Of Recommendation: The village board may adopt the recommendation of the zoning board on a special use request upon the concurring vote of a majority of all village board members. However, the village board can only take action that is adverse to the zoning board's recommendation on a special use request by a favorable vote of two-thirds (2/3) of all village board members.

   (D)   Use Contingent On Conditions Or Restrictions: The village board may grant a special use contingent upon the acceptance of certain conditions, safeguards, or restrictions as imposed by the zoning board, which may be modified or added by the village board, to protect public welfare or the neighboring property or carry out the general purposes and intent of this title. These conditions or restrictions shall be set forth in writing. Such conditions or restrictions may include or address, without limitation, landscape screening, fencing, hours of operation, lighting, noise levels, parking facilities, accessibility, signage, outdoor storage, expansion, and other such conditions or restrictions deemed necessary to render the use compatible with the surrounding properties.

   (E)   Written Protest Or Opposition To Special Use Request: If a written protest or petition against any special use request is:

      1.   Signed and acknowledged by the owners of twenty percent (20%) of the frontage to the subject parcel; or

      2.   Signed and acknowledged by the owners of twenty percent (20%) of the frontage to the subject parcel immediately adjoining or across an alley from the frontage; or

      3.   Signed and acknowledged by the owners of twenty percent (20%) of the frontage to the subject parcel directly opposite from the frontage;

and properly filed with the village clerk pursuant to this section, the special use request shall not be approved except by the favorable vote of two-thirds (2/3) of all village board members. In order to properly file a written protest or opposing petition, a person must submit the written protest or opposing petition to the zoning officer prior to the public hearing being held by the zoning board to review of the special use application, with a copy also being provided to the village clerk at that time. This provision shall supersede any other voting requirements established by this chapter.

   (F)   Permit Term: A special use permit granted by the village board shall remain valid until the beginning of the next fiscal year for the village (the subsequent May 1) up to one calendar year from the date when the special use permit was granted by the village board, unless the special use is otherwise terminated under the provisions of this chapter.

   (G)   Requirements To Begin Use Of Property: If a special use request has been approved by the village board pursuant to this chapter, the person who made the special use request must begin use of the property as allowed by the special use permit or begin construction consistent with the allowed special use within one hundred twenty (120) days of the date when special use permit was granted by the village board. Failure to comply with this one hundred twenty (120) day requirement for any reason shall result in automatic revocation of the special use permit. If a special use permit is revoked, the person making the special use request must submit a new application and pay all related fees in order to gain further approval of the special use. The approval of the initial special use request shall have no effect and shall be no guarantee of approval of a subsequent similar special use request. (Ord. 2004-16, 9-7-2004)

Each special use permit granted hereunder shall be valid until the beginning of the next fiscal year (the subsequent May 1). Thereafter, the special use permit may be renewed for a one year period, said year to coincide with the fiscal year of the village. Thus, after the initial approval of a special use permit by the village board, every special use permit must be renewed annually by the zoning board, with such decision being made in the discretion of the zoning board. The person granted the special use permit, or such successor in interest to the subject parcel of property for which the special use is granted, shall make the application for renewal of the special use permit and shall pay the annual renewal fee. The zoning officer shall provide renewal notices to all special use permit holders prior to each new fiscal year, and the zoning officer shall present each special use renewal application to the zoning board for review at the first zoning board meeting after the beginning of a new fiscal year. (Ord. 2004-16, 9-7-2004)

Any special use authorized by the village board shall be deemed to have automatically terminated upon the occurrence of any of the following:

   (A)   Failure to establish the special use within the required time period set forth in this chapter.

   (B)   Nonrenewal of the special use permit by the zoning board during the annual renewal process.

   (C)   After establishment of a special use, the discontinuation of that use for a period of twelve (12) consecutive months.

   (D)   The violation of any condition, stipulation or agreement placed upon the special use by the village board.

   (E)   Failure to pay the annual renewal permit fee within thirty (30) days after the beginning of a new renewal period.

In the event that a special use authorized with respect to any parcel of property within the village is discontinued, abandoned, or terminated as provided in this section, the only uses which may be established on that parcel are the permitted uses authorized under the zoning regulations applicable to that parcel or any special use authorized by the village board which has not been terminated, discontinued, or abandoned in accordance with the provisions of this chapter. (Ord. 2004-16, 9-7-2004)