(A)   Purpose. This subchapter will establish procedures for provisional and special use review. The provisional and special use process allows flexibility in this chapter by allowing uses in certain districts that would not otherwise be permitted. Such uses may generally be compatible in a district, but depending on how the use is designed and operated, there is a potential that the use could be incompatible with the rest of the neighborhood.

   (D)   Continuance. Permits for provisional uses and special uses do not necessarily run with the property. When a provisional or special property use undergoes a change in ownership, management, or operation that is inconsistent with the initial permit application, and any conditions of approval of that application, said change will require, upon determination by the Zoning Administrator, a review of the provisional or special use by the Zoning Administrator or a new and complete re-application before the Planning and Zoning Board as required by this chapter. All reviews shall determine whether or not the change results in conditions inconsistent with the original requirements mandated at the issuance of the permit. All decisions by the Zoning Administrator may be appealed as provided under this chapter.

      (1)   Where a use exists on the effective date of this chapter and it is classified as a provisional use or special use by said chapter, it shall be considered a lawful use. Additions or alterations to existing buildings or land improvements for expansions of lawful uses may be made within the area of the lot included in the ownership existing on February 18, 2020, but they shall be subject to yard, floor area ratio, and building height requirements set forth in this chapter for permitted uses in the districts in which they are located.

      (2)   A change in ownership will require conformance to the requirements of § 154.038.

(Ord. 2020-O-3, passed 2-18-2020)

      (1)   Application for site plan approval on village forms. The application must demonstrate that the proposed use is conducive to the public convenience at that location, that the proposed use is designed, located, and proposed to be operated so that it will not be unreasonably injurious or detrimental to the district in which it shall be located, or otherwise injurious or detrimental to the public welfare, and that the proposed use conforms to the applicable regulations and standards of the district in which it shall be located, including any regulations required in § 154.052.

      (2)   A site plan meeting the requirements of this section.

      (3)   An application fee, as determined from time to time by the Village Board of Trustees.

      (1)   The location, dimension, material, and configuration of all buildings, structures and other improvements.

      (2)   The location and extent of all usable open space, and the proposed use of open space.

      (3)   The location, access and other dimensions of proposed off street parking facilities and the number and configuration of spaces to be provided.

      (4)   The location, dimensions and materials of sidewalks, driveways and other impervious surfaces.

      (5)   A landscaping plan, in accordance with §§ 154.210 through 154.214.

      (6)   The location of all property lines, utilities and related easements, including electric lines, storm drainage, sanitary sewers, and water services.

      (7)   An architectural drawing detailing all buildings and structures to depict height.

      (8)   The lot size in square feet and the dimensions thereof, and the location and extent of required setbacks and yards.

      (9)   The number and type of dwelling units proposed.

      (10)   The land uses surrounding the lot(s) for which the site plan approval is being sought.

      (11)   The date, north arrow, scale, and name of the development, with the permanent parcel number and a legal description for the property.

      (1)   The Planning and Zoning Board shall recommend or deny the requested provisional use permit, and may also impose such additional conditions and requirements as are appropriate or necessary for the public health, welfare, and safety, and to carry out the purpose of this chapter, including but not limited to the following:

         (a)   Regulate the location, extent, and intensity of such use;

         (b)   Require the screening of such uses by means of fences, walls or vegetation;

         (c)   Stipulate required minimum lot size;

         (d)   Stipulate vehicular access and volume;

         (e)   Require conformance to health, safety, and sanitation requirements as necessary;

         (f)   Increase the required yards;

         (g)   Any other conditions deemed necessary to effect the purposes of this chapter.

      (2)   Upon the determination that all the criteria have been met, the Planning and Zoning Board shall approve the site plan. Zoning approval shall be granted in accordance with §§ 154.245 through 154.253. A provisional use permit is subject to all the developmental standards applicable to permitted uses in the district in which it is located, unless otherwise stated in the permit. Additionally, provisional uses are also subject to the standards specified in each use district section, if applicable. The Planning and Zoning Board may attach conditions to the approval in accordance with this subchapter.

      (3)   If the proposed use does not conform to any one or more of the general standards or the specific requirements of this chapter, the Planning and Zoning Board shall so find and disapprove the site plan. The notification shall be in writing and shall address the relevant and applicable standards that caused the site plan to be denied.

      (4)   If a site plan is disapproved, the applicant shall be given the opportunity to resubmit the site plan with modifications to specifically address the concerns of the Planning and Zoning Board. Such modifications shall constitute a new application.

      (5)   The notification of the findings of the Planning and Zoning Board shall be within 30 days after the date a complete application for site plan approval is received. Said recommendation shall be forwarded to the Village Board of Trustees in accord with § 154.277(C).

(Ord. 2020-O-3, passed 2-18-2020)

      (1)   The use may involve a great deal of land.

      (2)   The use may be of a public or semi-public character, and as such be important in the development of the village as a whole.

      (3)   The use may be reasonably approved as to a particular location on account of factors or reasons not applicable to the zoning district as a whole.

      (1)   That the proposed use is conducive to the public convenience at that location;

      (2)   That the proposed use is designed, located, and proposed to be operated so that it will not be unreasonably injurious or detrimental to the district in which it shall be located, or otherwise injurious or detrimental to the public welfare;

      (3)   That the proposed use conforms to the applicable regulations and standards of, and preserves the essential character of, the district in which it shall be located.

      (4)   Each application for a special use permit shall include each of the following items:

         (a)   Application for a special use permit on forms provided by the village, evidence of ownership and fee.

         (b)   Site plan meeting the requirements for a site plan for a provisional use (§ 154.052(B)).

         (c)   Architectural elevations and drawings showing all buildings and improvements, including signs.

         (d)   A development schedule for the proposed development.

         (e)   Any other information requested by the Planning and Zoning Board to determine if the conditions for the special use will be met.

      (1)   Upon receipt of a complete application, the Zoning Administrator shall schedule the item to be reviewed by the Planning and Zoning Board at a public hearing.

      (2)   The Planning and Zoning Board shall conduct the hearing and make a recommendation to the Village Board of Trustees on the application for a special use permit. The recommendation shall include findings and recommended conditions as provided for in this subchapter.

      (3)   The Village Board of Trustees shall make the final determination to grant or deny the special use permit application.

      (1)   That the proposed use meets some public or neighborhood need at the specific location.

      (2)   (a)   That the proposed use is designed, located, and proposed to be operated so that it will not be unreasonably injurious or unreasonably detrimental to the district in which it may be located or otherwise injurious to the public welfare.

         (b)   This may include concerns such as drainage on neighboring properties, containing effects of operation on the subject site, increase in the danger for fire or crime, visual impact, or impairment of adequate light and air to adjacent properties.

      (3)   That the proposed use conforms to all applicable regulations and standards of the district in which it shall be located that are reasonably possible.

      (4)   (a)   That the proposed use preserves the essential character of the district in which it shall be located.

         (b)   Essential character refers to overall intensity, style, appearance or form already established in the area.

      (5)   That adequate measures have been or will be taken to minimize potential increase in traffic congestion or possible situations that would create poor traffic circulation including access issues.

      (1)   Regulate the location, extent, business hours, and intensity of such uses.

      (2)   Require adherence to an approved site plan.

      (3)   Require additional landscaping or screening of such uses by means of fences, walls, and vegetation.

      (4)   Stipulate required minimum lot sizes, minimum yards, maximum height of buildings and structures.

      (5)   Regulate vehicular access and traffic volume, and design and location of parking and loading areas and structures.

      (6)   Require conformance to health, safety, and sanitation requirements, as necessary.

      (7)   A time limit on the use to allow for review of the use and reapproval.

      (8)   Regulate signs, architectural features, and outdoor lighting to be more compatible with the surrounding neighborhood.

      (9)   Require that certain covenants or dedications for public streets be designed and recorded in accordance with the regulations in the subdivision ordinance. Such dedication must be specifically and uniquely attributable to the proposed use. Any requirements for dedication should contain documentation to demonstrate this relationship.

      (10)   Any other conditions deemed necessary to effect the purposes of this chapter.

      (1)   A legal description, permanent parcel index number, and common address of the subject property.

      (2)   The type of special use being granted.

      (3)   A statement for each finding summarizing how such finding has been satisfied.

      (4)   Any conditions imposed on the special use as a condition of approval.

      (5)   A list of any element of the special use site plan which may be subject to flexible requirements during the permit approval stage and the degree of flexibility allowed.

      (6)   The date the special use permit becomes effective and the expiration date for establishing the special use. Also the date of expiration of the special use, if one is recommended.

      (7)   Any exhibits, including the site plan and elevation, shall be attached to the special use permit with a statement that the special use approval is conditioned on the project being built in accordance with such plans unless specific exceptions are stated in the special use permit.

      (1)   The applicant shall apply for the minor amendment to the approved special use permit on forms provided by the village.

      (2)   The Zoning Administrator shall review the application, which will be approved by the Planning and Zoning Board. Minor amendments include the following:

         (a)   Changes that have been allowed through an amendment to the special use permit which are not listed as a major amendment as defined below.

         (b)   Minor changes in location, siting and height of the buildings that are not a major amendment as defined below. Such change may only be authorized if engineering or other physical limitations of the site, not foreseen at the time the special use permit was approved, warrant such a change.

      (1)   An increase in overall lot coverage of the structure by more than 10%.

      (2)   An increase in height that results in an additional story on any building.

      (3)   A reduction of overall amount of usable open space or a reduction of any area designated as common open space.

      (4)   A reduction in off-street loading and parking spaces by 10%.

      (5)   The change in location of any structure by more than ten feet in any direction.

      (6)   An overall reduction in the area designated for landscaping treatment in any one phase.

      (7)   A change in the circulation pattern that would reduce or increase points of access, change access to another street, or increase projected traffic volumes.

      (8)   A combination of three or more changes classified as minor amendments, which have not been specifically allowed by the special use permit.

      (9)   A major amendment to an approved special use permit shall not be requested in order to obtain a variation from the minimum requirements of the applicable zoning standards. The Zoning Administrator reserves the right to determine that the application for a major amendment is requesting a variation from the applicable development standards.

      (1)   The special use permit may be suspended in accordance with the provisions of §§ 154.275 through 154.278, if work authorized by the special use permit is not commenced within six months of the date of the Village Board of Trustees action approving the special use application or within six months of the date of an approved development plan.

      (2)   In any case where a special use permit has been approved, and the special use has been established, a change in use from the approved special use to another use shall cause the special use permit to expire.

      (3)   When a special use is discontinued for 12 consecutive months, the special use permit shall expire.

      (4)   The removal or destruction of a structure containing a special use shall cause the special use permit to expire. DESTRUCTION for the purpose of this division (I)(4), is defined as damage to an extent of more than 50% of its fair market value immediately prior to the time of destruction.

      (5)   The construction of a special use in variation with the approved site plan, elevation, or conditions of the special use permit, shall be considered a violation of this chapter and shall be subject to enforcement as specified in §§ 154.245 through 154.253.