(a)

The development and execution of a zoning ordinance are based upon the division of the village into districts, within which districts the use of land and buildings and the bulk and location of buildings and the structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into the following three categories:

(1)

Uses publicly operated or traditionally affected with a public interest;

(2)

Uses entirely private in character but of such unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities;

(3)

Uses not specifically authorized by this chapter.

(b)

The following uses shall be deemed to be special uses within the specific zoning classification in which they are designated as a permitted use:

(1)

Automobile lots (new and used), including automobile dealerships;

(2)

Automobile/truck repair services including, but not limited to, vehicle body, frame or fender straightening and repair, dent removal and the painting of vehicles in relation thereto;

(3)

Churches and the uses incidental thereto, including rectories and parish houses;

(4)

Convents, monasteries and seminaries;

(5)

Establishments for purpose of smoking any type of legal product, as defined by Illinois Compiled Statutes;

(6)

Fraternity and sorority buildings;

(7)

Funeral homes, funeral parlors and crematoriums;

(8)

Hospitals, except veterinary;

(9)

Junior colleges, community colleges, colleges and universities, and uses accessory and incidental thereto, in other than C-1 and C-2 districts;

(10)

Large community residences in other than R-3 and planned R-3 districts provided:

a.

They are not located within 1,200 feet of another community residence;

b.

Prior to occupancy, a certificate of zoning compliance is applied for and received;

c.

Prior to occupancy, an administrative occupancy permit is applied for and received;

(11)

Nonpublic nursery school, preschools and daycare centers;

(12)

Payday loan stores, however only in the C-1 general business, C-2 general service district, C-3 regional shopping districts or M-1 restricted manufacturing district;

(13)

Private clubs and lodges;

(14)

Public and private elementary, junior high and high schools with rooms regularly used for housing and sleeping purposes;

(15)

Schools of nursing;

(16)

Senior citizen housing developments;

(17)

Teenage cabaret/juice bars, only in C-3 regional shopping districts and M-1 restricted manufacturing districts and not within 300 feet of a park or within 300 feet of any church or school as measured from building to building;

(18)

Trucking terminals and uses incidental thereto, including dispatch centers.

(19)

Automobile service stations for retail sale and dispensing of fuel, lubricants, tires, batteries, accessories and supplies, including, but not limited to, installation and services customarily incidental thereto;

Facilities for chassis and gear lubrication are permitted only if enclosed in a building;

Facilities for washing are permitted only if enclosed in a building;

(20)

Public schools, public elementary schools, and public high schools shall be a permitted use in R-1 and a special use in C-2 districts.

(21)

Educational facility, vocational school.

(Code 1978, § 5-12-1; Code 1997, § 98-275; Ord. No. 08-06-12, § 8, 6-17-2008; Ord. No. 10-01-04, § 1, 1-19-2010; Ord. No. 10-02-11, §§ 1, 2, 2-16-2010; Ord. No. 15-10-19, § 4, 10-20-2015; Ord. No. 21-03-06, § 4, 3-16-2021; Ord. No. 22-08-11, § 6, 8-2-2022)

Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this chapter, in the zoning district in which the land is situated.

(Code 1978, § 5-12-2; Code 1997, § 98-276)

(a)

Application. An application for a special use or an expansion of a special use shall be filed with the building commissioner on a form provided by the village. The application shall be accompanied by such plans or data prescribed by the village and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in section 56-312.

(b)

Fees. There shall be a filing fee as shown in the village fee schedule paid to the village at the time the application is filed. There shall be no such fee, however, in the case of applications filed in the public interest by members of the village board of trustees, the building commissioner or the planning and development commission.

(Code 1978, § 5-12-3; Code 1997, § 98-277; Ord. No. 08-06-12, § 9, 6-17-2008)

Upon receipt of proper form of the application and statement referred to in section 56-309(a), the planning and development commission shall hold at least one public hearing thereon. Not more than 30 nor less than 15 days in advance of such hearing, notice of the time and place of such hearing shall be published in a newspaper of general circulation in the village and shall be posted on the road or street frontage of the property for which a special use application has been filed. All other procedural and substantive requirements of section 56-312 shall be complied with.

(Code 1978, § 5-12-4; Code 1997, § 98-278)

For each application for a special use, the planning and development commission shall report to the board of trustees its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with, when they are deemed necessary for the protection of the public interest. The board of trustees may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of 20 percent of the frontage immediately adjoining the property proposed for a special use, or by the owners of 20 percent of the frontage across an alley or directly opposite therefrom, all of which land lies within the corporate limits of the village, and filed with the village clerk, such special use shall not be granted except by the favorable vote of two-thirds of all the members of the board of trustees.

(Code 1978, § 5-12-5; Code 1997, § 98-279)

No special use shall be recommended by the planning and development commission unless the commission shall find that the following conditions shall exist:

(1)

The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(2)

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

(3)

The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

(4)

Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided;

(5)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

(6)

The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the board of trustees pursuant to the recommendations of the planning and development commission.

(Code 1978, § 5-12-6; Code 1997, § 98-280)

(a)

Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

Common area means an area or areas of reasonably contiguous open space available to residents of a planned development for common use. Required setback, parking spaces and driveways are not to be included.

Complete building plans means elevation sketches of all four sides of the proposed building, indicating the types of material, building height and color combinations.

Interior plan view means preliminary plans showing the size and square foot area of each unit, the halls and stairwells, indicating fire doors where necessary. All floors of the building can be typical; however, any variations between floor designs are to be shown separately.

Site plans means a plan placing the building on the land, showing paved roadways, sidewalks, setback lines, parking areas, screening, fences and general landscaping.

(b)

Generally. Planned developments are of such substantially different character from other special uses that specific and additional standards and exceptions are hereby established to govern the recommendations of the planning and development commission and the action of the board of trustees.

(c)

Purpose. Areas of the village given the zoning designation and classification of planned R-1, planned R-2 and planned R-3 are for the purpose of enhancing the appearance of neighborhoods, preservation of open space, avoiding congestion of building development, stabilizing property values, encouraging variation in types of structures and land use, and to promote orderly developments so as not to be a detrimental influence on the surrounding neighborhood. The planned development concept is not to increase density of use, but to stress for more open space and originality in planning land use, and building design and location. It is specifically not intended that land zoned for planned development come under the rules and regulations applicable to R-1, R-2 and R-3 zoning categories except as provided in this section.

(d)

Dimensions. All preliminary plans, elevations and layouts shall be fully dimensioned.

(e)

Procedure. The following rules shall be complied with:

(1)

All planned area developments shall comply with the village, and the requirements of this village Code relating to zoning and building.

(2)

All planned area developments shall be initiated by a preliminary hearing before the planning and development commission. The purpose of the preliminary meeting is informative. No decision or opinion will be rendered by the planning and development commission at such hearing. Proposed type of construction must be submitted to the building commissioner prior to the hearing of the planning and development commission.

(3)

All preliminary plans submitted shall include the following:

a.

Building plans, with all exterior walls to be of suitable fire-rated material.

b.

Site plans.

c.

Interior floor plans.

d.

Proposed agreements for maintenance of common areas.

(4)

Upon review and approval of preliminary and final plans as are required, the planning and development commission will make its recommendation to the village president and board of trustees for final approval.

(f)

Use regulations. All buildings or premises in planned R-1, R-2 and R-3 areas shall be used only for the following purposes:

(1)

Single-family, two-family and multifamily dwellings.

(2)

Parks, playgrounds and community buildings owned or operated for the use of the residents of the planned area and solely for recreational purposes.

(3)

Parking, as defined in subsection (j) of this section.

(4)

Signs limited to advertising premises for sale or for rent.

(5)

Garages or accessory buildings as incorporated in the original plan.

(6)

Provisions shall be made for enclosed garbage stalls to be constructed of the same materials as the building, of a size to accommodate a "leach" type or similar sized container.

(g)

Height and area regulations.

(1)

Height regulations. The following rules apply to height regulations:

a.

Planned R-1, single-family dwellings, and planned R-2, two-family dwellings shall not exceed two and one-half stories nor shall they exceed 35 feet in height, except as provided in section 56-368.

b.

Planned R-3 multifamily dwellings shall not exceed three stories nor 40 feet in height, except as provided in section 56-368.

(2)

Area regulations. The following rules apply to area regulation:

a.

No building shall be constructed within 20 feet of the front line, nor shall the rear of any building face on a dedicated street.

b.

Individual lot sizes, if any, shall be approved by the planning and development commission and the president and board of trustees when the site plan is submitted.

c.

Where all lands are to be considered common lands, sufficient land in the rear of each building must remain in private ownership, the area to be not less than the width of the building by 20 feet in depth.

d.

A minimum of 20 feet shall be required between all buildings.

(3)

Intensity of use. The following is the maximum number or units permitted, providing all requirements regarding parking, setbacks and open spaces are first met:

_____

a.

Maximum density.

_____

b.

Parcels less than one acre. For any parcel of land less than one acre, units per acre and common open space per acre shall be computed as a percentage based upon the size of the parcel as a percentage of an acre.

c.

Planned R-3. In Planned R-3 areas there shall be a minimum of 1,300 square feet of land per unit, after dedication of streets.

d.

Planned R-3 open space. There shall be a minimum of 400 square feet of open space per unit, excluding parking requirements and setback lines, except that there shall not be less than 7,000 square feet of open space per acre and the greater figure shall prevail. Buildings shall be so sited as to allow combining and arranging of open space to provide maximum contiguous open area.

e.

Recreational facilities. Recreational facilities are defined as structures on the property to which residents thereof have common access for recreation, including swimming pools, clubhouses, putting greens, but not including tot play lots or ordinary green space.

(4)

Minimum floor area per unit. Planned R-1 shall be in accordance with section 12-84. Planned R-2 and R-3 shall be in accordance with sections 56-72(c) and 56-98(c).

(h)

Public utilities. All public utilities shall be underground.

(i)

Performance standards. Buildings, premises and uses permitted are subject to the applicable performance standards of section 56-229.

(j)

Parking requirements. The following rules apply to parking requirements in planned developments:

(1)

Area off-street outside parking. Off-street outside parking space shall be at least ten feet in width and a minimum of 20 feet in length, and shall have a vertical clearance of seven feet.

(2)

Area off-street inside parking. Off-street inside parking space shall have a minimum interior dimension of nine feet in width, a minimum of 20 feet in length and shall have a vertical clearance of at least seven feet.

(3)

Location. Parking spaces cannot be included in any required setback and shall comply with the provisions of section 56-338(d).

(4)

Access. Access shall be in accordance with section 56-338(g).

(5)

Loading. Loading requirements shall be in accordance with section 56-338(a).

(6)

Plan of parking facilities. The parking facilities plan shall be in accordance with section 56-338(c).

(7)

Number of parking spaces. 1½ parking spaces shall be provided for each dwelling unit except in planned R-1 and planned R-2 where two parking spaces are required.

(8)

Construction. Parking spaces and access drives shall be constructed in accordance with section 56-346.

(Code 1978, § 5-12-7; Code 1997, § 98-281)

Prior to the granting of any special use, the planning and development commission may recommend and the board of trustees shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in section 56-312. In all cases in which special uses are granted, the board of trustees shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.

(Code 1978, § 5-12-8; Code 1997, § 98-282)

No application for a special use which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the planning and development commission and the board of trustees.

(Code 1978, § 5-12-9; Code 1997, § 98-283)

In any case where a special use has not been established within one year after the date of the granting thereof, then without further action by the planning and development commission or the board of trustees, the special use authorizations shall be null and void.

(Code 1978, § 5-12-10; Code 1997, § 98-284)