Council, by special permit after a public hearing, and subject to such protective restrictions as it deems necessary, may authorize the location of any of the following buildings or uses in any district within which they are not otherwise permitted by this Zoning Ordinance:

   (a)   Any public building erected and used by any department of the Village, the County, the State or the Federal Government.

   (b)   Hospitals, sanitariums and institutions, except institutions for criminals and those for persons who are insane or have a contagious disease, provided, however, that such buildings do not occupy more than 20% of the total area of the lot and will not have any depreciating effect on the value of the neighboring properties, and provided, further, that principal buildings shall be set back from all yard lines a distance of not less than three feet for each foot of building height.

   (c)   Cemeteries.

   (d)   An airport or landing field.

   (e)   Industrial research centers, provided, however, that such buildings will not have any depreciating effect on the value of the neighboring properties, and provided further that the architecture of such structures will fit in with the New England Colonial type of architecture of the Village.

   (f)   Private water, gas and oil wells.

   Before issuance of any special permit for any of the above buildings or uses, the Village Council shall refer the proposed application to the Planning Commission, which shall be given 60 days in which to make a report concerning the effect of such proposed building or use on the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the public health, safety and general welfare. No action shall be taken on any application for a proposed building or use above referred to until and unless the report of the Planning Commission has been filed; provided, however, that if no report is received from the Commission within 60 days, it shall be assumed that approval of the application has been given by the Commission. Before issuing the special permit, Council shall hold at least one public hearing, due notice of the time and place of which shall be given as required by law.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   (a)   Structures other than dwellings, heretofore mentioned in Section 1266.02(a) as permitted, may exceed the height limit of 35 feet upon approval of the Board of Zoning Appeals, subject to all other regulations of this Zoning Ordinance.

   (b)   Public, semipublic or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and a church or a temple may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least three feet for each foot of additional building height above the height limit otherwise permitted in the district in which the building is to be located.

   (c)   Dwellings may be increased in height by not more than ten feet, provided the side and rear yards are increased by not less than ten feet over the yard requirements of the district in which they are located, but they shall not exceed three stories in height.

   (d)   Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, tanks, water towers, ornamental towers and spires, church steeples, radio towers, or necessary mechanical appurtenances, may be erected to a height in excess of the minimum requirements set forth in this Zoning Ordinance only upon the written approval of the Planning Commission.

   (e)   For purposes of height regulations, a basement shall not be counted unless more than three feet, six inches of its height projects above grade at the front building line, in which case it shall be counted as a half story.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   (a)   An open, un-enclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet.

   (b)   Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear or side yard, and except for the customary projections of skylights, sills, belt courses, cornices and ornamental features projecting not more than 18 inches. This requirement shall not prevent the construction of fences not exceeding four and one-half feet in height, except as prohibited by Section 1272.07.

   (c)   Open or lattice enclosed fire escapes, fireproof outside stairways, and balconies opening into fire towers projecting not more than five feet into a rear yard, and the ordinary projections of chimneys and flues, may be permitted by the Planning Commission.

(Ord. 2013-01. Passed 2-5-13.)

   In a Residence District, any lot having an area or width less than the standard specified for that district, shown as a lot on a subdivision plat recorded after the effective date of this Zoning Ordinance in the office of the County Recorder after approval by the Planning Commission in the manner provided by law, may be used as a dwelling site, subject to all other regulations in this Zoning Ordinance. Further, in a Residence District, any lot of record which had, as of the effective date of this Zoning Ordinance, an area or width less than the standard specified herein, and no owner of which owned at any time after the effective date of this Zoning Ordinance adjacent land which could have been added to the lot to meet the standard specified herein, may be used as a dwelling site, subject to all other regulations of this Zoning Ordinance.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)