The principal objective of this zoning code is to provide for an orderly arrangement of compatible building and land uses, and for the proper location of all types of uses required for the social and economic welfare of the village. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district there are certain additional uses which it may be necessary to allow because of their unusual characteristics or the service they provide the public. These special uses require particular consideration as to their proper location in relation to adjacent established or intended uses, or to the planned development of a community. The conditions controlling the location and operation of such special uses are established by the following provisions of this subchapter.

(Ord. 77-03, passed 1-19-77)

   The Village Board of Trustees shall have the authority to permit the following uses of land or structures, or both, subject to conditions contained herein, if it finds that the proposed location and establishment of any such use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity to the selected site or sites.

   (A)   Auditorium, stadium, arena, armory, gymnasium, and other similar places for public events, in any business or manufacturing district or public park area.

   (B)   Bus terminal, railroad passenger station, freight terminal, or any other public transportation terminal facilities, in any business or manufacturing districts.

   (C)   Churches and places of public worship, in all zoning districts on zoning lots having a minimum area of 40,000 square feet; having not more than 25% of the zoning lot occupied by buildings; and having sufficient land area to provide for both building space and off- street parking requirements in §§ 159.135 through 159.147.

   (D)   Golf courses, public or private, in any use district.

   (E)   Municipal or privately-owned recreation building, community center, in any multiple-family residential district, business district, or park area.

   (F)   Municipal complex, in any use district or public park.

   (G)   Off-street public parking areas and garages, in any multiple-family residential district provided there is a need for this facility and that no appropriate site is available in nearby business or manufacturing districts.

   (H)   Police station or fire department, in any use district or public park area.

   (I)   Public building, including art gallery, library, museum, or similar structure, in any residential or business districts or public park area.

   (J)   Public park, playground, or club, in any use district.

   (K)   Public utilities facilities, for example, filtration plant, water reservoir, or pumping station, heat or power plant, transformer station, and other similar facilities, in any use district other than the manufacturing district where such facilities are permissive uses.

   (L)   Radio and television transmitting or antenna towers (commercial), telephone exchanges, and other electronic equipment requiring outdoor structures, and including antenna towers used for the sending of private messages, but not including private receiving aerials or antennas, in any B-1, B-2, or M-1 Districts.

   (M)   Railroad right-of-way, in the M-1 District.

   (N)   Rest homes and nursing homes, in the R-6 District.

   (O)   Trailer camp, in the R-6 District.

   (P)   School. A public or parochial institution which offers instruction in any of the branches of learning and study as taught in the public schools under the State Division of Public Instruction, including pre- kindergarten, elementary school, junior and senior high schools, colleges, and universities, but excluding pre-kindergarten (nursery), trade, business, or commercial schools in any Residential District.

   (Q)   Planned developments, as defined hereinafter, in accordance with the procedures and conditions outlined in § 159.109, in any use district.

   (R)   Off-street parking areas in any business district, provided changes which reduce the parking space dimensions or reduced parking area setbacks conform to § 159.107.

   (S)   Studio and efficiency apartment dwellings, in the R-5 and R-6 Districts.

   (T)   Apartments units with more than three bedrooms unless permitted by special use or planned unit development.

(Ord. 77-03, passed 1-19-77; Am. Ord. 84-16, passed - -84; Am. Ord. 87-04, passed - -87)

   The, Zoning and Development Planning Commission may recommend and the Village Board of Trustees may impose such restrictions upon height, bulk, and area of occupancy of any structure so approved for special use as may be reasonable under the particular circumstances; provided that such restrictions and stipulations shall not be more restrictive than the requirements established for the district in which such structure is proposed to be located, or as may be required in any municipal code. Off-street parking facilities as well as off-street loading and unloading spaces may also be stipulated in the order permitting the special use provided the following conditions are recognized in designing said facilities:

   (A)   Front yard setback. The front yard setback for parking areas may be reduced no further than 50% of the maximum required building setback in the R-5, R-6, B-1, and B-2 Districts.

   (B)   Screening and landscaping areas. When a request to reduce setback requirements is submitted, it shall be accompanied by:

      (1)   A landscape plan identifying plant material, ground cover, mulch, and miscellaneous material.

      (2)   A listing of plant species, type of transplant stock, and size of material.

      (3)   A cost estimate for said landscape plan.

      (4)   Landscaping and screens provided to satisfy the special use for reduced parking setbacks shall be maintained by the owner of the property receiving the special use and any subsequent owners of said property. If plant material dies, becomes in disrepair, or is not maintained in a healthy and thriving condition, the owners shall make every reasonable effort to replace all material or screens with material of equal or greater size upon notification by the village. substitutions of plant material from that originally approved as part of the special use shall require approval of the Planning, Zoning and Development Commission. If the owner has not replaced said material within six months after village notification, the owner will be in violation of this chapter and be subject to any or all penalties described in this chapter. The owner may, upon approval of the Village Board, extend the period of material replacement.

   (C)   Parking space. In B-1 and B-2 Districts, parking spaces may be reduced in size below the required minimum provided no more than 20% of the total quantity of spaces required is so reduced in area.

   (D)   Planned developments. The Planning, Zoning and Development Commission may recommend and the Village Board of Trustees may approve modifications to the parking conditions stipulated in this section for any use located within a Planned Development as described in § 159.109.

(Ord. 77-03, passed 1-19-77; Am. Ord. 84-16, passed - -84; Am. Ord. 88-25, passed 9-28-88; Am. Ord. 95-06, passed 4-10-95)

   The procedure to be followed in considering applications for special uses shall be as follows:

   (A)   Application. An application verified by the owner or authorized agent of the owner of the property involved shall be filed with the Village Clerk for the attention of the Zoning Administrator upon a form prescribed therefor, which shall contain or be accompanied by all required information.

   (B)   Public hearing. Upon receipt of such verified application the Zoning Administrator shall notify the Chairperson of the Planning, Zoning and Development Commission, or, in his absence, the Chairperson pro tem, who shall give notice of a public hearing in the same manner as provided for hearings on the reclassification of property. A record of pertinent information presented at the public hearing shall be made and maintained by the Planning, Zoning and Development Commission as part of the permanent record relative to the application.

   (C)   Determination. The Planning, Zoning and Development Commission shall then make its findings and recommendations to the Village Board of Trustees within 30 days following the date of public hearing on each application. The Board of Trustees may then authorize a special use as defined herein by specific ordinance, provided the evidence presented is such as to establish beyond reasonable doubt:

      (1)   That the proposed use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community.

      (2)   That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity.

      (3)   That the proposed use will comply with the regulations and conditions specified in this chapter for such use, and with the stipulations and conditions made a part of the authorization granted by the Village Board of Trustees.

   (D)   After special uses are discontinued for a period of more than one year the building and land shall only be used for uses permitted in the zoning district in which said special use was located.

(Ord. 77-03, passed 1-19-77; Am. Ord. 95-06, passed 4-10-95)

   (A)   A planned development is a use of land containing two or more buildings which offer benefits to the neighborhood of which it is a part or to the general public welfare beyond those required by this chapter or other law, and which use of land:

      (1)   Will contain or provide amenities not otherwise required by law, including but not limited to provisions for common space, recreational facilities, or specific design, engineering, architectural, site planning, or landscaping features;

      (2) Will establish yards or other open space greater than the minimums required by law, or will provide for bulk of structures and density of development less than the maximums permitted by law; or

      (3)   Will provide screening or other facilities which benefit neighborhood property or the public beyond those otherwise required by law.

   (B)   Standards and requirements.

      (1)   No planned development special use permit shall be approved unless and until there is on file with the village written consent of every property owner within such development at the time of approval of the permit agreeing that the applicant shall be bound by the conditions and regulations proposed and which will be effective in the development and to record such written agreements with the County Recorder of Deeds.

      (2)   Before detailed studies of any planned development shall be undertaken by the village administrative staff of Planning, Zoning and Development Commission there shall be on file with the village the written consent of all property owners within the development boundaries that such detailed studies be made.

   (C)   Use exceptions. In the case of residential, business, or manufacturing planned developments, the Planning. Zoning and Development Commission may recommend, and the Board of Trustees may authorize, that there be in part of the area of such development and for the duration of such development, specified uses not permitted by the use, regulations of the district in which said development is located, provided the Planning, Zoning and Development Commission shall find:

      (1)   That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;

      (2)   That the uses permitted by such exception are not of such a nature or so located as they exercise a detrimental influence on the surrounding neighborhood;

      (3)   That not more than 10% of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by said exception;

      (4)   That in a manufacturing planned development, such additional uses allowed by exception shall conform with the performance standards of the district in which the development is located, as set forth in §§ 159.070 and 159.071.

      (5)   That the use exceptions as allowed are recorded on the zoning districts maps by appropriate symbols or by reference to documents on file with the Village Clerk; and

      (6)   Where the planned development is to be located in a residential district, no use exception shall be allowed unless the size of the planned development exceeds 20 acres.

   (D)   Bulk regulations. In the case of any planned development, the Planning, Zoning and Development Commission may recommend, and the Board of Trustees may authorize, exceptions to the applicable bulk regulations of this chapter within the boundaries of such development, provided that the Planning, Zoning and Development Commission shall find:

      (1)   That such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development, as well as of neighboring properties, than would be obtained under the bulk regulations of this chapter for buildings developed on separate zoning lots;

      (2)   That the overall floor area of a planned development would not exceed the maximum floor area which would be determined on the basis of the floor area ratio required for the individual uses in such planned developments;

      (3)   That the total number of dwelling units shall not be increased above the number which would be permitted under the otherwise applicable district regulations;

      (4)   That spacing between principal buildings shall be consistent with recognized site planning principles, due consideration being given to the openness normally afforded by intervening streets and alleys;

      (5)   That along the periphery of such planned developments yards shall be provided as required by the regulations of the district in which said development is located; and

      (6)   That public streets will be dedicated and improved, in accordance with the village standards, as required for proper circulation of traffic, consistent with the major Street Plan of the village. If under Chapter 156, the development of the property on separate zoning lots would require the dedication of street rights- of-way the area which would be so dedicated, even though not dedicated in the proposed planned development, shall be subtracted from the area of the planned development site in determining the floor area and number of units allowable under division (D)(2) and (3) of this section.

(Ord. 77-03, passed 1-19-77; Am. Ord. 95-06, passed 4-10-95) Penalty, see § 159.999