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.
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
|
|
Asphalt and concrete ready-mix plant
|
|
Automobile repair garage
|
|
Bar, tavern and nightclub
|
|
Bus or truck terminal
|
|
Cemetery
|
|
Church
|
|
Club, private, noncommercial
|
|
Drive-in theater
|
|
Dump
|
|
Earth removal, excavations, commercial
|
|
Gasoline service station
|
|
Golf courses
|
|
Gravel processing and quarrying
|
|
Hospital
|
|
Institutions, charitable, eleemosynary, philanthropic
|
|
Junkyards, building material salvage yard
|
|
Kennel
|
|
Liquor, package sale
|
|
Medical clinic
|
|
Mobile home sales
|
|
Offices and office buildings
|
|
Public utility buildings and structures
|
|
Quarrying
|
|
Recreation, commercial; outdoors
|
|
Residential care facility
|
|
Riding stable; race track; commercial
|
|
School, parochial and private
|
|
Slaughterhouse
|
|
Truck terminal
|
|
Used car lot
|
|
Volunteer or municipal fire station
|
|
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:
(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.