To permit a public utility Building in any district.

To permit a municipal Building in any district.

To permit in a residence district a temporary and conditional use of a plot or tract of land for the business or occupation of construction and sale of dwellings and the Buildings and Structures accessory thereto, and provide, in connection with said permit, regulations for the conduct of such business and conditions under which construction and sale of dwellings shall be permitted on the plot or tract for which said permit is issued.

To permit a modification of the minimum lot street frontage requirement, provided that the lot has a frontage on either a Public Street or a street laid out on the Official Map of the Village.

To grant variances from the provisions of Article III, § 176-10 of the Village Code, where the general character of the land in the immediate vicinity is such that residences have been erected on lots of less than two acres, provided that the area of the lot for which an application for a variance has been made shall not be reduced to an area of less than the area of the lots in the immediate vicinity and in no case shall the area of a lot be less than one acre.

To grant in underdeveloped sections of the Village temporary and conditional permits for not more than two years for Structures and uses in contravention of requirements of this chapter.

To permit in a residence district a club use on premises comprising not less than 50 acres.

To permit, upon the application of the fee owner, churches for public worship and other strictly religious uses and in accordance with the discipline, rules, and usages of the religious corporation which will own, support, and maintain such church and of the ecclesiastical governing body, if any, to which such corporation is subject, and primary and secondary schools, and accessory uses on the same lot, and such other nonresidential uses as may not be excluded pursuant to state and federal laws, subject to all the provisions of Article III, § 176-7C, and Article IV, § 176-21C, hereof. The BZA shall require, before a Certificate of Occupancy for any use is authorized as provided herein, that the applicant file with the Building Inspector certificates of compliance with the regulations of all public boards or agencies having jurisdiction.

To permit any variance specifically provided for in this chapter.

Depreciate or tend to depreciate the value of property in the Village.

Create a hazard to health, safety, morals, or general welfare.

Be detrimental to the neighborhood or the residents thereof.

Alter the essential character of the neighborhood.

Be detrimental to public convenience and welfare.

Accessibility of the premises for fire and police protection.

Access of light and air to the premises and of adjoining property.

Traffic problems, transportation requirements and facilities.

Parking facilities.

Hazards from fire.

The size and type and kind of Buildings and Structures in the vicinity where the public is apt to gather in numbers, such as hospitals, churches, schools, and the like.

Before the BZA shall authorize the issuance of any permit under § 176-71A(7) of this article, the applicant shall be required to submit with their application a site plan showing the approximate location and uses of the existing Buildings, individually or by groups, Structures, and facilities on the premises, including, without limiting the foregoing, parking areas, Sports Courts, and recreational areas, Driveways, and means of water supply; and a statement setting forth all future proposed Buildings, Structures, and facilities and their uses and stating with respect to each of the same the minimum distance which will exist between the same and the nearest boundary line of the premises. No use of the premises or Buildings, Structures, or facilities thereon nor the erection of any Alteration or of any Building, Structure, or facility other than as shown on the site plan or described in the statement approved by the BZA in the granting of a permit shall be made except on application to the BZA to amend said site plan and statement, and any application for an amendment of said site plan and statement shall be acted upon in the same manner as an original application for a permit under said § 176-71A(7).

The BZA, in authorizing the issuance of any permit under § 176-71A(7), may provide (which power shall be in addition to the provisions of § 176-71B) that said permit be temporary and fix the term thereof when the application is to convert premises and existing Buildings thereon as shown on the site plan, which at the time of the application were or had been used for residential purposes and accessory uses thereto, to a club use.

Before the BZA shall authorize the issuance of any permit under § 176-71A(3), the owner of the plot or tract of land shall submit a verified application setting forth:

Accompanying said verified application, which shall be construed as constituting a part thereof, shall be submitted:

The BZA, in authorizing the issuance of any permit under § 176-71A(3) of the Village Code, may provide (which shall be in addition to the provisions of this section and §§ 176-71 and 176-73 of the Village Code) as a condition of the issuance of such permit:

The BZA, in considering any application made under § 176-71A(3) of the Village Code, shall, in addition to the provisions of § 176-71C of the Village Code, give consideration to the exterior treatment of the dwelling or dwellings for which said application is made. The same or similar exterior treatment of a dwelling shall not be repeated for another dwelling within 900 feet thereof on the same street, nor shall the same or similar exterior treatment of a dwelling be repeated on any corner plots of intersecting streets. The words "exterior treatment" as used herein are defined as the distinct variety of treatment, such as fenestration and materials of fenestration, rooflines and materials of weatherproofing, treatment of entrances, entries to garage, orientation of building to plot, exterior colors and materials, cornice treatment, style of architecture, dormers and their roof treatment, the varied uses of trellises, pergolas, sun screens and terraces, the use of cupolas, dovecote, blinds, pitch of roofline and multiple stories.

Building area. All buildings, including Accessory Structures, shall not cover more than 15% of the area of the lot.

Height. The height of any principal Building shall not exceed 50 feet, except church spires and steeples. The height of any Accessory Structure shall not exceed 35 feet. These provisions shall not apply to any Building in existence on the effective date of this chapter.

Yards. Each lot shall have front, side and rear yards of not less than the depth and width following: front yard depth, 150 feet; side yard width, each one, 50 feet; rear yard depth, 50 feet.

Parking and recreation areas. Off-street parking on the lot shall be provided in a paved area or such surface as shall be approved by the BZA. The size and location of parking and recreation areas shall be determined by the BZA, taking into consideration the size and location of the Building and the character and use of the premises; provided, however, that no such area shall be located within 150 feet of any boundary line of the lot.

Screen. A screening of evergreens or shrubs shall be required for every parking area or recreation area.

Plan. The applicant shall be required to submit with his application for a permit under § 176-71A(8) a site plan showing the detail as provided on applications to the BZA made pursuant to § 176-71A(7).

Accessory uses. Accessory uses shall be of the same character and nature as the use to which the same are accessory.

A topographic plot plan signed and sealed by a licensed surveyor or engineer showing existing Structures and the proposed Sports Court, indicating whether the Sports Court is new or an Alteration to an existing Sports Court and showing all areas and distances between edges of the Sports Court and all property lines.

A professional land survey, signed and sealed by a licensed land surveyor.

A drainage impact notation indicating what effect the construction will have on existing drainage, including the direction of flow and the provision for drainage.

A landscape plan illustrating adequate screening of the Sports Court from visual observation from neighboring properties and showing proposed planting of coniferous Trees or shrubs as set forth in Subsection G hereinafter.

Not adversely affect the public health, safety, and general welfare of the Village and its residents.

Not depreciate the value of properties adjoining the parcel on which the Sports Court is constructed.

Not alter the character of the neighborhood.

Be used solely for the use of the Owner, their Family, and guests.

Not interfere with the use and enjoyment of the adjoining properties by the owners or occupants thereof.

Every Sports Court shall be enclosed by a Fence of a design approved by the BZA and by the Building Inspector.

Notwithstanding any other applicable provisions of the Village, such Fence shall be eight to 10 feet high except where a lower Fence or no Fence is permitted for ingress, egress, or viewing of the Sports Court as permitted by the BZA.

Covers or enclosures over a Sports Court are prohibited.

The height of the playing surface of the Sports Court shall not be above the existing mean level of the ground immediately surrounding the Sports Court area prior to construction of the Sports Court, except to permit usual surface drainage.

No Sports Court shall be so constructed or maintained as to permit any drainage water to flow onto adjoining properties.

The use of lights to allow play after dark is prohibited.

The use of a Sports Court before 8:00 a.m. or after sunset is prohibited.

Minimum Lot Size: The BZA may consider and determine that the lot size is too small for a Sports Court, even if the lot otherwise conforms with the zoning code.

Court Elevation: To reduce sound transmission, the BZA may require that the playing surface of the Sports Court be constructed up to three feet below the existing grade.

Setback Requirements: The BZA may require that any Sports Court shall be setback up to 60 feet, or more, from any property line.

Continuous Play Limitation: The BZA may impose restrictions on the hours of continuous play on a Sports Court to prevent extended periods of noise generation.

Permissible Hours of Operation: The BZA may require that play on a Sports Court shall only be permitted during designated hours, which the BZA may determine based on neighborhood context, with the intent of avoiding, among other things, early morning or late evening disturbance.

Require owners of a Sports Court to use sound mitigating equipment, including, but not limited to special balls, paddles, racquets, and other equipment, as may be determined by the Village.

The BZA may impose additional conditions, modifications, and safeguards as it deems appropriate, necessary, or desirable, to preserve the intent of this section.

Unless otherwise specified in this Chapter, any Person violating any of the provisions of this section, shall, upon conviction thereof, be subject to a fine as outlined in Chapter 2, Appearance Tickets, of the Village Code.

If the violation is of a continuing nature, each hour during which any of these offenses occurs shall constitute an additional, separate, and distinct offense.

In addition to any other remedy provided by law, the Village Board may commence an action to enjoin violations of this section.

Grounds for Modification. If the Village, the Superintendent of the Building Department, a Village Code Enforcement Officer, or the BZA have reasons to find that a Sports Court, constructed pursuant to a Special Use Sports Court Permit, is negatively impacting the health, safety, and welfare of the Village, the BZA, on its own motion, may initiate proceedings to modify or amend the Special Use Sports Court Permit.

Criteria for modification or amendment. The BZA may modify or amend a Special Use Sports Court Permit upon finding one or more of the following:

Procedure.

All pickleball courts shall include, to the satisfaction of the Building Department, the installation of Acoustifence or another top of the line noise mitigating and attenuating padding. The outward face of the noise mitigating padding shall be black in color.

If a pickleball court is constructed at grade level or up to three feet below grade, it shall be fully enclosed by an eight-foot-high Acoustifence or another top of the line noise mitigating padding with a minimum thickness of 3/4 inch, along the entire perimeter of the fence, covering the full height of all sides of the fence. The BZA may allow one side of the fence, partially or entirely, to be lower than the other three sides for the purposes of ingress, egress, or viewing the pickleball court. Nonetheless, the BZA may also consider requiring fencing on all four sides of the fence with a pedestrian gate for ingress and egress.

If a pickleball court is constructed more than three feet below grade, it shall be fully enclosed by a six-foot-high Acoustifence or another top of the line noise mitigating padding with a minimum thickness of 3/4 inch, along the entire perimeter of the fence, covering the full height of all sides of the fence. The BZA may allow one side of the fence, partially or entirely, to be lower than the other three sides for the purposes of ingress, egress, or viewing the pickleball court. Nonetheless, the BZA may also consider requiring fencing on all four sides of the fence with a pedestrian gate for ingress and egress.

No pickleball court shall interfere with the use and enjoyment of property owners or occupants thereof, within a 200-foot radius of a pickleball or court.

Under no circumstances shall the BZA vary any of the four mandatory requirements set forth in Subsection B.

Unless otherwise specified in this section, any Owner or Person violating any of the provisions of this section, shall, upon conviction thereof, be subject to a fine as outlined in Chapter 2, Appearance Tickets, of the Village Code.

If the violation is of a continuing nature, each hour during which any of these offenses occurs shall constitute an additional, separate, and distinct offense.

In addition to any other remedy provided by law, the Village Board may commence an action to enjoin violations of this section.