Only the following uses and their essential services may be
allowed in any district:
A. Permitted uses. Permitted uses, being the principal uses specified
for a district.
B. Accessory uses. Accessory uses and structures, as specified, are
permitted in any district but not until their principal structure
is present or under construction.
C. Conditional uses.
(1) Classes of conditional uses. Conditional uses may be either denominated
"regular" or "limited."
(2) General conditional use provisions. Provisions applicable to conditional
uses generally:
(a)
Conditional uses and their accessory uses are considered as special uses, requiring, for their authorization, review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article
V of this chapter, excepting those existent at time of adoption of this chapter.
(b)
Those existing uses which are classified as "conditional uses"
for the district(s) in which they are located at the time of adoption
of this chapter require no action by the Village Board for them to
continue as valid conditional uses, and the same shall be deemed to
be "regular" conditional uses.
(c)
Proposed change from permitted use in a district to a conditional use shall require review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article
V of this chapter.
(d)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s) the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article
V of this chapter.
(e)
Provisions in this chapter relating generally to conditional
uses shall, except when in conflict with specific provisions relating
to either regular or limited conditional uses (which specific provisions
would then control), shall be deemed to be applicable to both regular
and limited conditional uses.
(3) Specific regular conditional use provisions. Provisions applicable
specifically to regular conditional uses:
(a)
Regular conditional uses, either allowed by action of the Village Board, upon the recommendation of the Plan Commission, or existent at time of adoption of this chapter, shall be nonlapsing, shall survive vacancies and change of ownership of the properties where located and be subject to substitution with other conditional use(s) of same or similar type without Village Board approval. Change to conditional use of other than same or similar type shall require procedures and approval in accordance with Article
V.
(b)
See Subsection
C(2)(a) above as to conditional uses existent at time of adoption of this chapter being deemed to be regular conditional uses.
(4) Specific limited conditional use provisions. Provisions applicable
specifically to limited conditional uses:
(a)
Limited conditional uses authorized by Village Board, upon the
recommendation of the Plan Commission, shall be established for a
period of time to a time certain or until a future happening or event
at which the same shall terminate.
(b)
Limited conditional uses authorized by the Village Board, upon the recommendation of the Plan Commission, shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Village Board approval and the procedures required in Article
V of this chapter.
D. Uses not specified.
(1) Uses not specified in this chapter which are found by the Village
Board, upon the recommendation of the Plan Commission, to be sufficiently
similar to specified permitted uses for a district shall be allowed
by the Zoning Administrator.
(2) Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Village Board, upon the recommendation of the Plan Commission, after public hearing and approval in accordance with Article
V of this chapter.
No lot, yard, parking area, building area or other space shall
be reduced in area or dimensions so as not to meet the provisions
of this chapter. No part of any lot, yard, parking area or other space
required for a structure or use shall be used for any other structure
or use.
Where screens or buffers are required by this chapter or the
Plan Commission to reduce the impact of proposed uses on adjacent
properties, the following standards shall be followed. Buffer yards
and screens may be required jointly or separately.
A. Buffer yards. Buffer yards are horizontal separations along lot lines
that are intended to increase the physical separation between incompatible
uses. The width of the required buffer yard shall be determined by
the Plan Commission or Zoning Administrator. The minimum width shall
be 10 feet.
B. Screens. Screens are barriers located in a limited space (10 feet
or less) intended to perform a buffering effect, particularly for
noise reduction or visual screening. Screens may consist of existing
or planted vegetation, fences, walls, earth berms or similar techniques.
Plant screens shall be sufficient to provide a year-round screen within
three years of installation. Walls or earth berms shall be required
where noise reduction is necessary. Screen plantings shall be permanently
maintained by the owner of the property, and any plant materials which
do not live shall be replaced within six months.