A.   Purpose:

      1.   The development and execution of this chapter is based upon the division of the village of Seneca into districts, within any one of which the use of land and buildings, and the standards for height and location of buildings or structures, as related to the land, are essentially uniform.

      2.   It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the potential impact of those uses upon neighboring lands and upon the public need for the particular use or particular location.

      3.   Such special uses fall into two (2) categories:

         a.   Uses operated by a public agency or publicly regulated utilities, which are uses traditionally associated with a public interest, such as parks, recreation areas, public administrative buildings, or the private use of existing public buildings.

            (1)   It is stressed that public uses are associated with the public interest.

            (2)   In the case of a request for a special use by a unit of local government, for a public use within its statutory mandate, the review shall not be based on determining the need for the publicly mandated use on the specific site but, rather for assessing the impact of the proposed public use upon neighboring lands, and upon the village's streets or utilities.

         b.   Uses entirely private in character, but of such a nature that the operation may give rise to unique problems or benefits with respect to their impact upon neighboring property, public facilities, the village as a whole, or the natural environment or resources.

   B.   Authority: The village council may, after receiving a recommendation from the plan commission in the manner hereinafter set forth, approve, approve with conditions, or deny a special use, pursuant to the procedures set forth herein.

   C.   Initiation: A special use request may be made by any person, or by an office, department, council, bureau or commission requesting or intending to request a building permit, or occupancy certificate.

   D.   Processing: A petition or application for an amendment shall be filed with the zoning official, and shall include at least the following information:

      1.   Name, address and telephone number of the applicant.

      2.   Legal description of the property for which the special use is requested.

      3.   Description of the existing use of the affected property.

      4.   The present zoning classification for the affected property.

      5.   Description of the proposed special use.

      6.   A dimensioned site plan or plat, showing the location of:

         a.   All buildings.

         b.   Parking areas.

         c.   Traffic access and circulation.

         d.   Open spaces and yards.

         e.   Landscaping.

         f.   Refuse and service areas.

         g.   Utilities.

         h.   Signs.

         i.   Other information as determined by the plan commission as necessary for determining if the proposed special use meets the intent and requirements of the zoning ordinance.

      7.   A written statement, that addresses the:

         a.   Economic effects on adjoining properties.

         b.   Effects of such elements as noise, glare, odor, fumes and vibration on adjoining properties.

         c.   General compatibility with adjacent and other properties in the district.

         d.   Effects of traffic generated by the proposed use.

         e.   Relationship to the comprehensive land use plan.

         f.   How the proposed special use fulfills requirements of chapter 10, "Dust Control, Soil Erosion, And Sediment Control" and section 10-4-6, "Performance Standards", of this title as applicable.

   E.   Hearing:

      1.   The zoning official shall transmit the application for a special use to the plan commission, who shall hold a public hearing at such time and place as shall be established by the commission, after due notice is provided.

      2.   The hearing shall be conducted, and a record of such proceedings shall be preserved, in such a manner as the commission shall prescribe.

      3.   No more than sixty (60) days after the filing of such application, the plan commission shall hold a hearing on such application. A notice of the time and place of the hearing shall be published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing in one or more newspapers published in the village or, if no newspaper with a general circulation within the village which is published in the county where the municipality is located.

   F.   Standards:

      1.   The plan commission shall not recommend, nor the village council approve a special use, unless it shall find, based upon the evidence presented to the plan commission in each specific case, that the special use:

         a.   Will be harmonious with and in accordance with the general objectives of the comprehensive land use plan and/or this zoning ordinance.

         b.   Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not alter the essential character of the same area.

         c.   Will not be hazardous or disturbing to existing or future neighborhood uses.

         d.   Will be adequately served by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewers and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

         e.   Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the village of Seneca.

         f.   Will not involve uses, activities, processes, materials, equipment and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

         g.   Will have vehicular approaches to the property which shall be so designed as to not create an undue interference with traffic on surrounding public streets or highways.

         h.   Will not increase the potential for flood damage to adjacent property, or require additional public expense for flood protection, rescue or relief.

         i.   Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance to the village of Seneca.

      2.   The special use shall, in all respects, conform to the applicable regulations of the district in which it is located, except as such regulations may be modified, in each instance, by the village council, pursuant to the recommendations of the plan commission.

   G.   Decision:

      1.   Within forty five (45) days after the close of the hearing on a proposed special use, the plan commission shall prepare a written statement of findings of fact and recommendations and submit this statement to the village council.

      2.   The village council may, by ordinance, grant, or grant with modification, a requested special use. If an application is not acted upon by the village council within six (6) months of the date upon which such application is filed, it shall be deemed to have been denied.

      3.   The plan commission may recommend, and the village council may approve, conditions and restrictions upon the premises benefited by a special use as may be necessary in their opinion to:

         a.   Comply with the standards set forth in subsection F, "Standards", of this section.

         b.   Reduce or minimize injurious effect of such special use on other property in the neighborhood.

         c.   Implement the general purpose and intent of the zoning ordinance.

      4.   No special use shall be granted, except by ordinance duly passed and adopted by the village council after public hearing and written recommendation from the plan commission and considering the following:

         a.   Without further public hearing, the village council may grant, deny or amend the recommendation for special use.

         b.   Every special use granted by ordinance of the village council, shall be accompanied by findings of fact, and shall refer to any exhibits containing plans and specifications of the proposed special use, which shall remain a part of the permanent records of the plan commission.

         c.   The findings shall specify the reason or reasons for approving or denying the special use.

         d.   Any terms of relief granted as part of a special use shall be specifically set forth in the findings and ordinance.

      5.   A concurring vote of a majority of those members of the plan commission present at the meeting, with a minimum of four (4) concurring votes, shall be required to recommend granting or denying an application for a special use.

      6.   If the village council does not approve of a proposed special use after recommendation by the plan commission, it may deny the proposed special use or refer the proposed special use back to the plan commission.

   H.   Written Protest:

      1.   A special use shall not be passed except by a favorable vote of two-thirds (2/3) of the members of the village council in the case of a written protest against any proposed special use when said protest is signed and acknowledged by the owners of twenty percent (20%) of the:

         a.   Frontage proposed to be altered.

         b.   Frontage immediately adjoining or across an alley from the property.

         c.   Frontage directly opposite the frontage proposed to be altered.

      2.   The written protest shall be served by the protester or protesters on the applicant for the proposed special use, and a copy served on the applicant's attorney, if any, with a copy to the village attorney by certified mail at the address of such applicant and attorney shown in the application or petition for the proposed special use.

   I.   Changes To Approved Special Uses: A special use shall be constructed/established in accordance with the approved plan attached to the ordinance, which granted the special use. The site plan referenced in the ordinance shall control and limit the use of the parcel of land (including the general internal use of buildings and structures) and the location of buildings and structures approved as part of the special use request.

Changes to the special use shall be considered to be either a major change or a minor change.

      1.   Major Changes: Major changes are modifications, which alter the concept or intent of the special use. Any one of the following shall be considered a major change to a special use. These changes shall include:

         a.   Greater than a ten percent (10%) cumulative increase or decrease of the total gross floor area for the special use based on the first site plan approved for a specific special use, or any request to exceed the maximum FAR permitted in the underlying zoning district;

         b.   Greater than ten percent (10%) increase in the height of any structure or any request to exceed the maximum height permitted in the underlying zoning district;

         c.   A greater than ten percent (10%) cumulative increase or decrease in the number of parking stalls based on the first site plan approved for a specific special use, or any request which reduces the amount of parking provided to less than that required by off street parking regulations for the specific use per section 10-2-8 of this title;

         d.   Greater than ten percent (10%) reduction in the setback of buildings or parking areas or any reduction in setbacks that result in a setback less than the minimum required in the underlying zoning district;

         e.   Significant changes to the parking location and access plan for the site (i.e., relocation of parking to areas previously planned for buildings or other uses); and

         f.   Changes in the landscape plan that result in a variance from the landscaping regulations and/or negatively impact the surrounding property owners, provided however, the substitution of plant species which provided a more dense buffer to adjacent properties than those originally approved shall be considered as minor changes.

      2.   Combined Changes: Notwithstanding the foregoing, combinations of two (2) or more changes of the nature described in the preceding subsection which individually do not constitute a major change, shall be considered to be a major change to the special use.

      3.   Minor Changes: Minor changes are those changes not defined as major changes and which do not alter the concept or intent of the special use.

      4.   Procedure For Amending A Special Use:

         a.   An application for a major change to a special use shall be processed in accordance with the procedures for a special use permit.

         b.   An application for a minor change to a special use may be approved by the zoning enforcement officer without the review and recommendation of the plan commission. This provision shall not prohibit the village council from requesting the plan commission for its review and recommendation, and/or a public hearing.

   J.   Period Of Validity:

      1.   Every special use permit shall, one hundred eighty (180) days after the date that it is granted by the plan commission, become null and void, unless: a) a certificate of zoning compliance is obtained pursuant to such special use permit and the special use is actually established within such one hundred eighty (180) day period, or b) unless construction work pursuant to such special use is actually begun within such one hundred eighty (180) day period, and such construction work is carried on diligently to completion.

      2.   Every special use permit shall be deemed to authorize issuance by the zoning enforcement officer of not more than one building permit and not more than one certificate of zoning compliance pursuant to such special use permit, unless the plan commission shall, at the time of granting such special use permit, provide for the issuance of a greater number; provided, however, that no certificate of zoning compliance shall be issued pursuant to any special use permit granted.

      3.   If any special use is abandoned, or is discontinued for a continuous period of one hundred eighty (180) days, the special use permit for such use shall become null and void, and such use may not thereafter be reestablished unless a new special use permit is obtained in accordance with the provisions of this title.

   K.   Special Use Reference In Zoned Districts: Section 10-4-4, table 10-4-4T (permitted and special uses in all listed zoning districts) of this title lists the permitted and special uses for each zoning district. (Ord. 10-09, 8-17-2010)

   A.   Authorization To Grant Or Deny Conditional Use: A conditional use listed in this section shall be permitted, altered or denied in accordance with the standards and procedures of this section. In the case of a use existing prior to the effective date hereof and classified in this section as a conditional use, a change in the use or in lot area, or an alteration of structure shall conform with the requirements for conditional use. In judging whether or not a conditional use proposal shall be approved or denied, the plan commission shall weigh its appropriateness and desirability or the public convenience or necessity to be served against any adverse conditions that would result from authorizing the particular development at the location proposed and, to approve such use, shall find that the following criteria are either met, can be met by observance of conditions, or are not applicable:

      1.   The proposal will be consistent with the comprehensive plan and the objectives of this title and other applicable policies of the village or county.

      2.   The location, size, design and operating characteristics under the proposal will have minimal adverse impact on the livability, value or appropriate development of abutting properties and the surrounding area.

      3.   The location and design of the site and structures for the proposal will be as attractive as the nature of the use and its setting warrants.

      4.   The proposal will preserve environmental assets of a particular interest to the community.

      5.   The applicant has a bona fide intent and capability to develop and use the land as proposed.

   B.   Placing Conditions On A Permit: In permitting a new conditional use or the alteration of an existing conditional use, the plan commission may impose, in addition to those standards and requirements expressly specified by this section, additional conditions which it finds necessary to avoid a detrimental environmental impact and to otherwise protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:

      1.   Limiting the manner in which the use is conducted, including restricting the time a certain activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.

      2.   Establishing a special yard or other open space or lot area or dimension.

      3.   Limiting the height, size or location of a building or other structure.

      4.   Designating the size, number, location and nature of vehicle access points.

      5.   Increasing the amount of street dedication, roadway width or improvements within the street right of way.

      6.   Designating the size, location, screening, drainage, surfacing or other improvement of a parking area or truck loading area.

      7.   Limiting or otherwise designating the number, size, location, height and lighting of signs.

      8.   Limiting the location and intensity of outdoor lighting and requiring its shielding.

      9.   Requiring diking, screening, landscaping or another facility to protect adjacent or nearby property and designating standards for its installation and maintenance.

      10.   Designating the size, height, location and materials for a fence.

      11.   Protecting and preserving existing trees, vegetation, water resource, wildlife habitat or any other significant natural resource.

      12.   Making any other condition to permit development in conformity with the intent and purpose of the conditional classification of uses.

   C.   Procedure For Taking Action On A Conditional Use: The procedure for taking action on a conditional use application shall be as follows:

      1.   A property owner may initiate a request for a conditional use by filing an application with the planning department.

      2.   The plan commission shall hold a public hearing on the conditional use application following the procedure set forth in this title.

      3.   Within five (5) days after a decision has been rendered on a conditional use application, the planning director shall provide the applicant with written notice of the decision.

   D.   Time Limit On Permit For A Conditional Use: Authorization of a conditional use shall be void after one year or such lesser time as the authorization may specify unless substantial construction has taken place. However, the plan commission may extend authorization for an additional period not to exceed one year on request. In the case of a special use for a planned unit development, the one year shall commence with approval of the final development plan instead of with approval of the planned unit development.

   E.   Public Hearing: Public hearings shall be held and the procedures set forth in this title shall be followed.

   F.   Fees: Fees shall be paid to the village clerk by the developer of a planned unit development as provided in section 10-6-4 of this title. (Ord. 10-09, 8-17-2010)