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 in accordance with Article
V of this chapter, excepting those existent at time of adoption of the Zoning Code.
(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 conditional use shall require review, public hearing and approval by the Village Board 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 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 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 resolution
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 shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Board approval and the procedures required in Article
V of this chapter.
D. Uses not specified in chapter.
(1) Uses not specified in this chapter which are found by the Village
Board 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 after consideration and recommendation by the Plan Commission, public hearing and approval in accordance with Article
V of this chapter.
The regulations contained herein relating to the height of buildings
and the size of yards and other open spaces shall be subject to the
following exceptions:
A. Churches, schools, hospitals, sanitariums and other public and quasi-public
buildings may be erected to a height not exceeding 60 feet nor five
stories; provided the front, side and rear yards required in the district
in which such building is to be located are each increased at least
one foot for each foot of additional building height above the height
limit otherwise established for the district in which such building
is to be located.
B. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments,
penthouses, stacks, scenery lofts, tanks, water towers, ornamental
towers, spires, wireless, television or broadcasting towers, masts
or aerials; microwave radio relay structures; telephone, telegraph
and power poles and lines and necessary mechanical appurtenances are
hereby excepted from the height regulations of this chapter and may
be erected in accordance with other regulations or codes of the Village.
C. Residences in the residence district may be increased in height by
not more than 10 feet when all yards and other required open spaces
are increased by one foot for each foot when such building exceeds
the height limit of the district in which it is located.
D. Where a lot abuts on two or more streets or alleys having different
average established grades, the higher of such grades shall control
only for a depth of 120 feet from the line of the higher average established
grade.
E. Buildings on through lots and extending from street to street may
have waived the requirements for a rear yard by furnishing an equivalent
open space on the same lot in lieu of the required rear yard, provided
that the setback requirements on both streets be complied with.
F. Where a lot has an area less than the minimum number of square feet
per family required for the district in which it is located and was
of record as such at the time of the passage of this chapter, such
lot may be occupied by one family.
G. Every part of a required yard shall be open to the sky, unobstructed,
except for accessory buildings in a rear yard, and the ordinary projections
of sills, belt courses, cornices and ornamental features projecting
not more than 12 inches.
H. Open or enclosed fire escapes and fire towers may project into a
required yard not more than five feet and into a required court not
more than 3 1/2 feet, provided it be so located as not to obstruct
light and ventilation.