A.
No special use referred to throughout this chapter
shall be conducted until a permit has been obtained from the Board
of Trustees.
B.
The formulation and enactment of a comprehensive zoning
ordinance is based on the division of the entire village into districts
in each of which are permitted specified uses that are mutually compatible.
In addition to such permitted compatible uses, however, it is recognized
that there are other uses which it may be necessary or desirable to
allow in a given district but which, on account of their potential
influence upon neighboring uses or public facilities, need to be carefully
regulated with respect to location or operation for the protection
of the community. Such uses which by the terms of this chapter require
a special permit are herein construed to be such other uses and notwithstanding
shall be subject to standards and requirements established by the
Board of Trustees for a special permit and after a hearing had thereon.
All such uses are hereby declared to possess characteristics of such
a unique and special nature that each specific use shall be considered
as an individual case.
Application for a special use permit shall be
accompanied by a detailed plan for the proposed use or development.
Such plan shall show the location of all buildings, parking areas,
traffic access and circulation, open space landscaping and any other
pertinent information the Board of Trustees may require.
The Board of Trustees shall establish detailed
procedures, receive applications, give public notice, hold hearings,
make findings and decide all matters in the same manner as required
by law for the hearing of appeals.
Before granting any special use permit, the
Board of Trustees shall determine that the special use requested conforms
with the Comprehensive Plans for land use in the village and that:
A.
Such use will promote the orderly and beneficial development
of the community.
B.
The use is desirable to the public convenience and
will promote the safety, health and general welfare of the district.
C.
The use will not cause undue noise or annoyance nor
overly congest traffic within the area.
D.
The proposed use conforms to all standards and regulations
set forth in this chapter for special uses.
Any special use permit granted under the provisions
of this chapter shall run with the land to the heirs, successors or
assigns of the original holder and shall be acknowledged in like form
and manner as a deed. The Village Clerk-Treasurer shall maintain a
record book and record therein, in an appropriate order and form,
every such permit issued. The original holder of or any grantee of
a special permit who shall fail to comply with the requirements of
the same shall be deemed in violation of this chapter.
[Amended 8-13-1975 by L.L. No. 2-1975]
Each special permit shall authorize only one
particular special use and shall automatically expire:
[Amended 8-13-1975 by L.L. No. 2-1975]
No special permit use shall be granted by the
Board of Trustees unless the special permit use:
A.
Is necessary for the public convenience at that location
or, in the case of existing nonconforming uses, a special use permit
will make the use more compatible with its surroundings.
B.
Is so designated, located and proposed to be operated
that the public health, safety and welfare will be protected.
C.
Will not cause substantial injury to the value of
other property in the neighborhood in which it is located.
D.
Complies with additional standards in this Article
as applicable.
E.
Complies with additional standards in appropriate
Articles of this chapter as may apply to the particular use for which
a permit has been requested, unless the Board of Trustees shall specifically
dispense with all or any number or part of such requirements in a
permit ultimately issued.
A gasoline service station may be located in
any district where permitted by this chapter, but only after issuance
of a special permit therefor by the Board of Trustees.
A.
Conditions. Requirements, conditions and restrictions
shall be imposed upon the construction and operation of a gasoline
station to assure that it is reasonably in keeping with the general
character of the neighborhood in which it may be permitted.
B.
C.
Area requirements.
(1)
Side and rear yards shall not be less than 25 feet
in width and, if there is a residence on the adjoining lot, a six-foot
high hedge or tree screen shall be provided.
(2)
All service areas shall be paved with concrete or
bituminous materials.
(3)
Unpaved areas shall be landscaped and separated from
paved areas by a curb or other low barrier.
(4)
A curb or barrier shall be placed along the street
lines except at entrance-exit driveways.
No auto drive-in stand for dispensing or serving
lunches, refreshments or beverages shall be established except by
special permit. Upon granting such a permit the Board of Trustees
shall be assured that:
No lot, land or structure or part thereof shall
be used as an auto wrecking yard or junkyard without a special permit.
A.
In granting such a permit the Board of Trustees shall
require that all receiving, storage and handling of waste paper, rags,
scrap metal or other discarded material and all receiving, dismantling,
storage and salvaging of machinery or motor vehicles not in running
condition shall be performed within a building or within an eight-foot-high
solid fence enclosure.
B.
No auto wrecking yard or junkyard shall be permitted
except within an IN Industrial District, subject also to all the regulations
and restrictions thereof.
