The special land uses may be permitted after review and approval by the planning commission. Such uses may be permitted after public hearing and under such conditions as are imposed after finding that the use is not injurious to the district and environs; is not contrary to the spirit and purpose of this chapter; is not incompatible with already existing uses in the area; would not interfere with the orderly development of the area; and would not be detrimental to the safety or convenience of vehicular or pedestrian traffic.

(Ord. of 3-28-1988, art. XVII)

The following uses may be permitted subject to the applicable required conditions and after notice of public hearing in accordance with section 46-48, notice of public hearing. A site plan shall be submitted in accordance with section 46-485, site plan review.

(1)

Outdoor theaters. Because outdoor theaters possess the unique characteristics of being used only after dark and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted in I-2 districts only. Outdoor theaters shall further be subject to the following conditions:

a.

The proposed internal design shall receive approval from the zoning administrator and the village manager as to adequacy of drainage, lighting and other technical aspects.

b.

All vehicular access to the site shall be in accordance with section 46-487.

c.

All vehicles, waiting or standing to enter the facility, shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.

d.

The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major or secondary streets. All lighting used to illuminate the area shall be so installed as to be confined within, and directed onto, the premises of the outdoor theater site.

(2)

Commercial television and radio towers and public utility microwaves, and public utility TV transmitting towers. Radio and television towers, public utility microwaves and public utility TV transmitting towers, and their attendant facilities, shall be permitted in I-1 and I-2 districts, provided that such uses shall be permitted in I-1 and I-2 districts as follows:

a.

Such towers shall be located centrally on a continuous parcel of land. To meet area requirements as noted in subsection (2)c of this section, land need not be under single ownership. However, the applicant must have development rights for all land in question and, except for the construction of a tower and related facilities, all such land shall remain undeveloped.

b.

Except as noted in subsection (2)c of this section, the distance of the tower from any property line shall be no less than the height of the tower.

c.

In the following instances, the planning commission can allow the distance of a tower from any property line to be reduced:

1.

Such reduction can result in a setback equal to no less than 30 percent of the height of the tower.

2.

The applicant must certify that the tower is engineered to fall wholly within the parcel in the event of any structural failure.

(3)

Utility lines and towers. Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the village shall receive the review and approval of the planning commission. Such review by the commission shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious effects on property abutting or adjacent thereto and on the orderly appearance of the village.

(4)

Specialized medical facilities. Facilities providing specialized medical services, such as, but not limited to, dialysis, clinical oncology, radiation therapy, radiography, magnetic resonance imaging, physical therapy, and rehabilitation, shall be permitted in RA-1, RA-2 and RB districts, subject to the following conditions:

a.

Services shall be provided on an outpatient basis. Overnight stay for patients shall not be permitted.

b.

The site shall have direct vehicular access to a state trunkline as shown on the village's Act 51 map.

c.

The site plan shall conform to all applicable requirements of this chapter and of the district in which it is located. However, the planning commission may impose standards different than those specifically stated in division 12, article III of this chapter, schedule of regulations, to ensure that impacts from the proposed use do not negatively affect adjacent uses. This may include, but is not limited to, standards for setbacks, screening, landscape or building height.

d.

Off-street vehicle parking shall be provided as required for a professional doctor's office.

e.

Exterior building design and materials shall be architecturally compatible with surrounding and adjacent residential dwellings. To assist the planning commission in making this determination, the following shall be provided:

1.

The applicant shall submit rendered elevation drawings of all building facades which shall be a true representation of the colors and building materials of the proposed structure.

2.

The zoning administrator shall provide a written review of the plan from a design standpoint to the planning commission. The zoning administrator may seek the advice of design professionals on this matter.

(Ord. of 3-28-1988, § 1700; Ord. No. 130, § 10, 1-26-1993; Ord. of 3-23-1998)