[Added 8-24-2021 by L.L.
No. 3-2021; amended 10-4-2022 by L.L. No. 9-2022]
The purpose of this article is to prevent the demolition of
and foster the renovation and reuse of structures originally constructed
for religious, educational, or institutional uses, which have historic,
architectural, economic, cultural or other value to the Village and
are at risk of becoming underutilized, vacant or demolished. This
article encourages the adaptive and flexible reuse of such buildings
to allow more economic and efficient use of the property. Special
regulations are appropriate to this type of reuse because of the difficulty
present in adapting these structures to allow economic and efficient
use of the property.
This provision may be applied within Zoning District C-1, C-2
and Zoning District R-5.
Any building originally constructed for religious, educational,
or institutional purposes, including buildings previously occupied
as a primary or secondary school, place of worship, or accessory building
to a place of worship such as a rectory, convent, gymnasium, or similar
use.
All projects within the C-1, C-2 District and the R-5 District
shall comply with the regulations set forth in the underlying zoning
except to the extent set forth in this article.
A.
The Board of Trustees must review and grant a special permit for
requests to demolish structures meeting the eligibility requirements
herein.
B.
Criteria
for approval. The Village Board of Trustees shall not approve the
application for demolition unless the applicant establishes all of
the following:
(1)
For
buildings sought to be demolished for safety reasons:
(a)
The building represents a hazard to the safety of the public or the
applicant or owner.
(b)
The safety hazard cannot be corrected within economic means reasonably
available to the applicant or owner.
(c)
Good faith efforts to find a purchaser interested in acquiring the
property and preserving it have failed.
(2)
For
buildings sought to be demolished for reasons other than safety:
(a)
The property is incapable of earning a reasonable return on investment,
regardless of whether that return represents the most profitable return
possible.
(b)
The property cannot be adapted for any other use, whether by the
current owner or by a purchaser, that would result in a reasonable
return.
(c)
Good faith efforts to find a purchaser interested in acquiring the
property and preserving it have failed.
C.
The Village Board may grant a special permit subject to the additional
provisions set forth below to allow the use of an eligible building
for permitted uses.
(1)
The
proposed reuse will be in harmony with the appropriate and orderly
development of the Village's C-1, C-2 and R-5 Zoning Districts.
(2)
The
proposed reuse will not hinder or discourage the appropriate development
and use of adjacent lands.
(4)
The
proposed reuse is otherwise in the public interest.
The Board of Trustees may modify minimum lot area, height, stories,
minimum lot frontage, maximum coverage, maximum habitable floor area,
minimum lot width, and front, side and rear yard setback requirements
if the Board of Trustees determines that the modification is necessary
to preserve the building and allow its adaptive reuse.
The Board of Trustees may attach such additional conditions
to a special permit granted under this article as may be necessary
to protect the neighborhood surrounding the property and to encourage
the most appropriate adaptive reuse of the buildings and property.
