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) Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Village Board, following a recommendation by the Plan Commission, in accordance with Article
IV of this chapter, excepting those existent at time of adoption of this chapter.
(2) 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, following
a recommendation by the Plan Commission, for them to continue as valid
conditional uses, and the same shall be deemed to be regular conditional
uses.
(3) A proposed change from a permitted use in a district to a conditional use shall require review, public hearing and approval by the Village Board, following a recommendation by the Plan Commission, in accordance with Article
IV of this chapter.
(4) A conditional use(s), when replaced by a permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of a new conditional use(s) shall require review, public hearing and approval by the Village Board, following a recommendation by the Plan Commission, in accordance with Article
IV of this chapter.
(5) Conditional uses authorized by the Village Board,
following a recommendation by 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.
[Amended 5-10-2004 by Ord. No. O-2004-01]
(6) A conditional use permit shall be deemed to authorize
only one particular conditional use.
[Amended 5-10-2004 by Ord. No. O-2004-01]
D. Uses not specified.
(1) Uses not specified in this chapter which are found
by the Plan Commission to be sufficiently similar to specified permitted
uses for a district shall be allowed by 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, following a recommendation by the Plan Commission, after public hearing and approval in accordance with Article
IV of this chapter.
E. Validity of zoning, conditional use, variance and
special use permits. Where the Zoning Administrator has issued a zoning
certificate, a conditional use permit, a permit for a variance or
a special use permit pursuant to the provisions of this chapter, such
permit shall become null and void unless work thereon is substantially
underway within six months of the date of the issuance of such permit
by the Zoning Administrator.
[Amended 10-11-2004]
F. Yard requirements where buildings not present. Where
a lot is to be occupied for a permitted use without buildings, the
side yards and front yard required for such lot shall be provided
and maintained unless otherwise stipulated in this chapter, except
that yards shall not be required on lots used for garden purposes
without buildings or structures, nor on lots used for public recreation
areas.
G. Prohibited uses of residential property. No land which
is located in a residence district shall be used for driveway or access
purposes to any land which is located in a commercial or industrial
district or used for any purpose not permitted in a residence district.
[Amended 5-10-2004 by Ord. No. O-2004-01]
H. Special use permit.
[Added 10-11-2004]
(1) Special use permits require, for their authorization,
review, public hearing and approval by the Village Board, following
a recommendation by the Plan Commission.
(2) A special use permit is a grant of authority whereby
the Village Board may allow the use of land or a building in a residential
district which is not specifically permitted by this Zoning Ordinance.
The special permit is given personally to the individual who occupies
or owns the residential premises, for that specified land or building,
for a limited and defined purpose, for a limited period of time renewable
by the Village Board; the permit may be discontinued or terminated
when the person to whom the permit is granted fails to continue to
operate or make such use of the property as is allowed by the permit.
(3) A special use permit shall be deemed to authorize
only one particular use.
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.