In order to make this chapter flexible to meet the needs of changing trends in development and new technology, the Board of Appeals is authorized to approve the establishment of special land uses. In this way the chapter does not become a rigid document that cannot be altered, but serves as a guideline upon which the Zoning Board of Appeals may make enlightened judgments, keeping development within the general philosophy of this chapter. Land and structure uses not specifically mentioned in the foregoing text or possessing unique characteristics may be designated as special uses and, as such, may be authorized by the issuance of special land use approval, with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare. Certain types of uses are required to secure a permit to allow them to be placed in one or more zones in which their uncontrolled occurrence might cause unsatisfactory results of one kind or another. A few uses, such as dumps and junkyards, are inherently so objectionable as to make extra regulations and controls advisable even in the zone in which they are permitted. Others, such as gasoline stations and taverns, must be located with discrimination in relation to their surroundings. All the items listed are proper uses of land but have certain aspects which call for special consideration of each proposal. Because under certain conditions they could be detrimental to the health, safety, or general welfare of the public, the uses listed as special land uses are permitted in certain zones only if granted by the Board of Zoning Appeals.
A. 
Petitions for the grant of special land uses shall be filed with the Village Manager. The petitioner shall submit plans and specifications or other data or exploratory material stating the methods by which he/she will comply with the conditions specified for each grant of special land use. At the time of filing his/her request for a grant of special land use, the petitioner shall pay to the Village Manager the fee required to cover the cost of advertising and sending notices and other miscellaneous expenses in connection with this petition.
B. 
The Board shall review the application and, after a public hearing, shall grant or refuse the special land use and notify the petitioner and Building Inspector and/or Zoning Enforcement Officer.
In hearing a request for any special land use, the Board of Appeals shall be governed by the following principles and conditions:
A. 
The applicant for a special land use shall have the burden of proof, which shall include the burden of going forward with the evidence, and the burden of persuasion on all questions of fact which are to be determined by the Board.
B. 
A special land use may be granted when the Board of Appeals finds from the evidence produced at the hearing that:
(1) 
The proposed use does not affect adversely the general plan for physical development of the Village, as embodied in this chapter and in any master plan or portion adopted by the Village.
(2) 
The proposed use will not affect adversely the health and safety of residents or workers in the area and will not be detrimental to the use or development of adjacent properties or the general neighborhood.
(3) 
The standards as may be set forth for a particular use for which a special land use may be granted can and will be met by the applicant.
The Board of Appeals may, and is hereby empowered to, add to the specific provisions enumerated in this article other provisions that it may deem necessary to protect adjacent properties, the general neighborhood, and the residents and workers therein.
[Amended 1-2-1996 by Ord. No. 218]
A. 
Special land uses shall comply with all of the specific standards as specified in this section. The Board of Appeals may add to the standards, as provided, where it is necessary to protect adjacent properties, the general neighborhood and the residents and workers therein.
Special Land Use
Minimum Required Standards
(refer to standards in corresponding Subsection B)
Animal hospital and kennel
Subsection B(2), (4), (5)(e)
Asphalt and concrete ready-mix plant
Subsection B(2), (4), (5)(f)
Automobile repair garage
Subsection B(2), (4), (5)(d), (8)
Bar, tavern and nightclub
Subsection B(2), (4), (5)(e)
Bus or truck terminal
Subsection B(2), (4), (5)(e)
Cemetery
Subsection B(2), (3), (5)(a)
Church
Subsection B(1), (5)(b)
Club, private, noncommercial
Subsection B(1), (4), (5)(b)
Drive-in theater
Subsection B(2), (5)(f), (9)
Dump
Subsection B(2), (5)(f), (9)
Earth removal, excavations, commercial
Subsection B(2), (5)(e)
Gasoline service station
Subsection B(2), (4), (5)(d), (7)
Golf courses
Subsection B(2), (3), (5)(d)
Gravel processing and quarrying
Subsection B(2), (4), (5)(f)
Hospital
Subsection B(2), (3), (5)(c)
Institutions, charitable, eleemosynary, philanthropic
Subsection B(1), (3), (5)(c)
Junkyards, building material salvage yard
Subsection B(2), (4), (5)(f), (9)
Kennel
Subsection B(2), (4), (5)(e)
Liquor, package sale
Subsection B(5)(d)
Medical clinic
Subsection B(1), (4), (5)(a)
Mobile home sales
Subsection B(2), (4), (5)(e)
Offices and office buildings
Subsection B(2), (4), (5)(a)
Public utility buildings and structures
Subsection B(1), (4), (5)(a), (9)
Quarrying
Subsection B(2), (4), (5)(f)
Recreation, commercial; outdoors
Subsection B(2), (4), (5)(e)
Residential care facility
Subsection B(3), (5)(a)
Riding stable; race track; commercial
Subsection B(2), (4), (5)(e)
School, parochial and private
Subsection B(1), (5)(b)
Slaughterhouse
Subsection B(2), (4), (5)(f)
Truck terminal
Subsection B(2), (4), (5)(e)
Used car lot
Subsection B(2), (4), (5)(e), (8)
Volunteer or municipal fire station
Subsection B(2), (4), (5)(e)
B. 
The minimum required standards enumerated in this subsection are referred to by the numbers following each special land use:
(1) 
The use shall have frontage on an existing or officially proposed road having a primary or greater classification.
(2) 
The use shall have frontage on an existing or officially proposed road having a major or greater road classification.
(3) 
The use shall have off-street parking facilities to satisfy average parking needs.
(4) 
The use shall have off-street parking facilities to satisfy peak parking needs.
(5) 
Buildings and activities shall not be closer than the specified number of feet to adjacent residential properties:
(a) 
Twenty-five feet.
(b) 
Fifty feet.
(c) 
One hundred feet.
(d) 
Two hundred feet.
(e) 
Five hundred feet.
(f) 
One thousand feet.
(6) 
Public utility buildings shall, whenever practicable, have an exterior appearance similar to those buildings in the immediate area. The public utility buildings and structures shall have suitable landscaping, screen planting and fencing whenever deemed necessary by the Board of Appeals.
(7) 
Gasoline pumps or other service appliances shall be set back at least 20 feet from the lot line.
(8) 
No major repairs or dismantling shall be permitted outside of a closed structure.
(9) 
The use shall be enclosed by a solid wall or compact screening of suitable material as determined by the Board of Appeals and shall not be less than six feet in height.