Whether the hours of operation of the proposed
use, and any accessory or incidental uses or activities on the same
premises, would result in an unreasonable impairment of, or interference
with, legitimate uses and structures in the surrounding environs,
especially residential uses and/or structures in the neighborhood,
unless reasonably and strictly limited, so as to balance the conflicting
interests of nearby uses and structures with the commercial and proprietary
interests of the proposed use. It is the specific finding of the Board
of Trustees that all or nearly all available sites for the operation
of motor vehicle service stations and/or repair shops, whether presently
existing or potentially usable as such in the future, either adjoin
residential lots or structures and unrelated business uses or are
so physically near and proximate thereto that, by necessity, the operation
of a service station or repair shop on any such sites would have immediate,
tangible and substantial impact upon the use and enjoyment of such
adjoining and surrounding uses and structures; that the unlimited,
twenty-four-hour operation of either a service station or a repair
shop, or any accessory or incidental uses thereto, would place an
unacceptable burden on adjoining and surrounding uses and structures
and would amount to a public nuisance due to the unabated noise, traffic,
odors and congestion created thereby; and that because of the special
problems created by, and attendant with, such special uses, it is
both desirable and necessary to strictly limit their adverse impact
upon the surrounding community by the limitation of their hours of
operation, thereby ensuring and preserving a reasonable period of
time each and every day during which surrounding uses may enjoy relative
freedom from the noise, traffic, odors and congestion, and other adverse
by-products which are necessarily generated by the operation of the
subject special uses. Accordingly, the provisions of any other law,
statute, ordinance, code, rule or regulation to the contrary notwithstanding,
in no event shall any motor vehicle service station or motor vehicle
repair shop operate or be operated, nor shall any authorization or
permission be given to operate the same, between the hours of 11:00
p.m. and 6:00 a.m., inclusive, prevailing time. This prohibition shall
extend to all uses, conduct or other operations maintained on the
premises, whether primary, accessory or incidental, without exception,
and this prohibition shall be mandatory with respect to each and every
service station and repair shop at any time located, operated, used
or maintained within the territorial boundaries of the Village, whether
by special permit or otherwise. While the stated hours of prohibited
operation may not and shall not be reduced, suspended, alternated
or otherwise modified to result in different periods of lesser hours,
the Board of Zoning Appeals is hereby specifically authorized to increase
the hours of prohibited operation, in a given case, where and when
the evidence and circumstances in such case support a finding by such
Board that an increase is both warranted and reasonable.