[Amended 8-8-1988 by L.L. No. 14-1988; 11-15-2010 by L.L. No.
10-2010]
A.
No special use permit shall be authorized by the Board of Trustees
unless it shall determine:
(1)
That the use will not prevent the orderly and reasonable use
of adjacent properties or of properties in the surrounding area or
impair the value thereof.
(2)
That the use will not prevent the orderly and reasonable use
of permitted or legally established uses in the district wherein the
proposed use is to be located or of permitted or legally established
uses in adjacent districts.
(3)
That the safety, health, welfare, comfort, convenience or order
of the Village will not be adversely affected by the proposed use
and its location.
(4)
That the use will be in harmony with and promote the general
purposes and intent of this chapter.
B.
In making such determination, the Board of Trustees shall give consideration,
among other things, to:
(1)
The character of the existing and probable development of uses
in the district and the peculiar suitability of such district for
the location of any of such special permit uses.
(2)
The conservation of property values and the encouragement of
the most appropriate uses of land.
(3)
The effect that the location of the proposed use may have upon
the creation or undue increase of traffic congestion on public streets,
highways or waterways.
(4)
The availability of adequate and proper public or private facilities
for the treatment, removal or discharge of sewage, refuse or other
effluent, whether liquid, solid, gaseous or otherwise, that may be
caused or created by or as a result of the use.
(5)
Whether the use or materials incidental thereto or produced
thereby may give off obnoxious gases, odors, smoke or soot.
(6)
Whether the use will cause disturbing emission of electrical
discharges, dust, light, vibration or noise.
(7)
Whether the operation in pursuance of the use will cause undue
interference with the orderly enjoyment by the public of parking or
of recreational facilities, if existing or if proposed by the Village
or by other competent governmental agency.
(8)
The necessity for an asphaltic or concrete surfaced area for
purposes of off-street parking and loading of vehicles incidental
to the use and whether such area is reasonably adequate and appropriate
to meet the parking and loading demands of the use.
(9)
Whether a hazard to life, limb or property because of fire,
flood, erosion or panic may be created by reason or as a result of
the use or by the structures to be used therefor or by the inaccessibility
of the plot or structures thereon for the convenient entry and operation
of fire and other emergency apparatus or by the undue concentration
or assemblage of persons upon such lot.
(10)
Whether the use or the structures to be used therefor all cause
an overcrowding of land or undue concentration of population.
(11)
Whether the lot area is sufficient, appropriate and adequate
for the use and the reasonable anticipated operation and expansion
thereof.
(12)
The physical characteristics and topography of the land.
(13)
Whether the use to be operated is unreasonably near to a church,
school, theater, recreational area or place of public assembly.
Notwithstanding the provisions of this chapter
with respect to use, erection or alteration of a building or premises
in a Residential A District or in a Residential B District, for use
thereof as a single-family detached house, the Board of Zoning Appeals
of the Village may in a specific case after public notice and hearing,
and subject to appropriate conditions and safeguards, vary the application
of the regulations herein established in harmony with their general
purpose and intent as follows:
A.
To grant as a special exception to maintain a two-family
dwelling and to make the incidental changes or alterations in connection
therewith, provided that the Board of Zoning Appeals shall make its
deliberation and determination with reasonable consideration as to:
