- Automobile wrecking yards and junk yards.
- Asphalt and asphalt products.
- Chemical including acetylene aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, cleaning and polishing preparation, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates (manufactured and natural) of an explosive nature, potash, plastic materials, and synthetic resins, pyroxylin, rayon yard, hydrochloric, picric and sulfuric acids, and derivatives.
- Coal, coke, and tar products, including gas manufacturing.
- Electric central station, power, and steam generating plants.
- Explosives, when not prohibited by other ordinances.
- Fertilizers.
- Film Photography.
- Flour, feed, and grain-milling processing.
- Gelatin, glue, or size-animal Incineration or reduction of garbage, offal, and dead animals.
- Linoleum and oilcloth.
- Magnesium foundries.
- Matches.
- Metal Fabrication.
- Metal and metal ores (except precious and rare metals) reduction, refining, smelting, and alloying.
- Paint, lacquer, shellac, varnishes, linseed oil, and turpentine.
- Petroleum products, refining-such as gasoline, kerosene, naphtha, lubricating oil, and liquefied petroleum gases.
- Ready-mix cement plants.
- Rubber (natural or synthetic).
- Soaps, including fat and oil rendering.
- Starch.
- Wood, coil, and bone distillation.
- Wood pulp and fiber, reduction, and processing, including paper mill operations.
- Any other production, processing, cleaning, servicing, testing, and repair.
- Public service uses:
- A filtration plant, pumping stations, and water reservoir.
- The sewage treatment plant,
- Police and fire stations.
- Telephone exchanges.
- Electric substations and booster stations.
- Other governmental uses.
- Radio and television towers, commercial.
- Rest homes, nursing homes, hospitals, and sanitariums for human beings only.
- Storage, including the following uses and materials or products:
- Goods used in or produced by manufacturing activities permitted in this district.
- Explosives.
- Grain.
- Manure, peat, and topsoil.
- Petroleum and petroleum products.
- Water Detention Area
- Wind-operated energy devices for site services only provided the lot area has a minimum of 2.5 acres.
Sec. 21-58. SPECIAL USES.
(1) Purposes. The formulation and enactment of this chapter are based on the division of the entire Village into districts, each of which is permitted specified uses that are compatible. In addition to such permitted, compatible uses, however, it is recognized that there are other uses that it may be necessary or desirable to allow in a given district but, because of their potential influence upon neighboring uses, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this chapter as “special uses.”
(2) Application and fee.
(a) DATA TO BE FURNISHED. Application for a special use permit shall be made to the zoning officer on a form prescribed by the Zoning Board of Appeals with the following data:
1. (A) Name and address of the applicant.
(B) Name and address of the owner of the real estate, which is the subject of the request for a special use permit if other than the applicant.
2. Statement that the applicant is the owner or an authorized agent of the owner, and submit written proof that the owner authorizes this applicant to act on its behalf of the property on which the use is proposed to be located.
3. Address and description of the property.
4. Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a special use permit, prescribed in subsection (3) of this section.
5. Name and address of all adjacent property owners from the latest adopted tax rolls.
(b) MAPS. The application shall be accompanied by the following plans and drawings:
1. An accurate scale drawing of the site and the surrounding area for a distance of at least three hundred (300’) feet from each boundary of the site showing the existing locations of streets and property lines.
2. An accurate scale drawing of the site showing the contours at intervals of not more than five (5’) feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking, and off-street loading facilities and landscaped areas.
3. The zoning officer may authorize the omission of any or all of the plan and drawing required by this section if they are not necessary to enable the Zoning Board of Appeals to determine whether the proposed use will comply with each of the applicable provisions of this chapter.
(c) FEE. The application shall be accompanied by a fee as follows to cover the cost of processing the application as described in this article:
Zoning lot of less than two (2) acres $100.00
Zoning lot of not less than two (2) nor more than five (5) acres in an area of $175.00
Zoning lot of more than five (5) acres in an area of $175.00
(Plus $10.00 for each acre or part thereof in excess of five (5) acres, with a total maximum of $300.00)
In the event that the application for special use is for a use that is already in existence, the fee shall be double the amount of the fee set forth above to cover the cost of additional inspections and the costs of processing the application.
(3) Public Hearing.
(a) NOTICE. The Zoning Board of Appeals shall hold at least one public hearing on each applicant for a special use permit within forty-five (45) days of the date when the application was filed and found to be complete by the zoning officer. Notice of such hearing shall be published at least one day, not more than thirty (30) nor less than fifteen (15) days prior to the hearing in one or more newspapers of general circulation in the Village. Notice shall also be sent via certified mailing to adjacent property owners within the time frame described above.
(b) PROCEDURE. At the public hearing, the Zoning Board of Appeals shall review the application and the drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with regard to the findings prescribed in paragraph (3) below.
(c) FINDING OF FACT. Within forty-five (45) days after the close of the public hearing on the proposed special use, the Zoning board of Appeals shall make written findings of fact and shall submit same together with its recommendation to the village board. For the Zoning Board of Appeals to make an affirmative recommendation of any special use permit, it must find that each of the following items is met:
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 or orderly development and improvement of the surrounding property for uses permitted in the district;
4. Adequate utilities, access roads, drainage, and/or necessary facilities have been, are being, or will be provided;
5. Adequate measures have been, or will be taken, to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and
6. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(d) The Zoning Board of Appeals may recommend, and the Village Board may require such conditions or restrictions upon the construction, location, and operation of a special use as deemed necessary for the protection of the adjacent properties. These conditions may include the expiration of the special use permit after a specified period of time and off-street parking and loading requirements in accordance with the provisions of the ordinance.
(e) If the Zoning Board of Appeals fails to act within forty-five (45) days of the public hearing, the special use shall be deemed approved by the Zoning Board of Appeals. The zoning officer shall forward the zoning board within ten (10) days after the auction or within fifty-five (55) days from the date of the public hearing if no action has been taken by the Zoning Board of Appeals.
(4) Action of Village Board. The Village Board may affirm, reverse or modify a decision of the Zoning Board of Appeals; provided that if a decision denying a special use permit is reversed or a decision granting a use permit is modified, the Village Board, on the basis of the record transmitted by the zoning officer and such additional evidence as may be submitted, shall make the findings prerequisite to the granting of a special use permit prescribed in subsection (3) of this section. A special use permit shall become effective immediately after it is granted by the resolution of the Village Board. An application for special use permit shall be passed by a majority vote of the elected officials of the Village.
(5) Lapse of Special Use Permit.
(a) A special use permit shall lapse and shall become void one year following the date on which the special use permit became effective unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the special use permit application, or a certificate of occupancy is issued for the structure which was the subject of the special use permit application or the site was occupied if no building permit or certificate of occupancy is required.
(b) A special use permit may be renewed for an additional period of one year; provided that prior to the expiration of one year from the date when the special use permit originally became effective, and application for renewal of the special use permit is filed with the Zoning Board of Appeals.
(c) The Zoning Board of Appeals may grant or deny an application for renewal of a special use permit.
(d) Subsections (3) to (5) of this section shall apply to an application for renewal of a special use permit.
(6) Existing Special Use. A use established by a special use permit issued by the County and/or Village prior to the enactment of this ordinance shall be deemed nonconforming; however, it shall be permitted to continue; provided that the use if operated and conducted in accord with the conditions prescribed in the special use permit as granted, if any. Any alterations, expansion, or restoration shall be thereafter governed by the provisions of this chapter.
(7) Revocation. Upon violation of any applicable provision of this chapter, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a special use permit shall be suspended automatically.
The Zoning Board of Appeals shall hold a public hearing within forty-five (45) days, in accord with the procedure prescribed in subsection (3)(a) of this section, and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the special use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. Within five (5) days following the date of a decision of the Zoning Board of Appeals revoking a special use permit, the zoning officer shall transmit to the Village Board written notice of the decision. The decision shall become final ten (10) days following the date on which the special use permit was revoked or on the day following the next meeting of the Village Board, whichever is later, unless an appeal has been taken to the Village Board or unless the Village Board shall elect to review the decision of the Zoning Board of Appeals, in which cases subsections (4) to (6) of this section shall apply.
(8) Effect or Denial of a Special Use Permit. No application for a special use permit that has been denied only or partly by the Village Board shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence not known to the applicant at the time of hearing on first applications, or as proof of changed conditions.
(9) A special use permit granted pursuant to the provisions of this article, allowing liquor establishments, including but not limited to packaged liquor stores and taverns, is restricted to the special use permit for the particular class of license granted, and in the event, the owner of said premises or the licensee seeks to change the classification of a license granted pursuant to a special use permit, to a different class license then that granted pursuant to the special use permit, a new special use permit must be applied for as provided herein.
Sec. 21-59. VARIATIONS.
(1) Purposes. The Zoning Board of Appeals is empowered to recommend variations in order to prevent or lessen such
practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Zoning Ordinance as would
result from a strict or lateral interpretation and enforcement of certain regulations prescribed in the ordinance. A practical
difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or from population densities, street locations, or traffic conditions in the immediate vicinity. Recommending the variance will not merely serve as a convenience to the applicant but is necessary to alleviate some demonstrable difficulty. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for recommending a variation. A variation shall be recommended by the Zoning Board of Appeals only in accordance with the standard set forth above and only in the following instances and no other.
(a) To permit any yard of less dimension than required by the applicable regulations;
(b) To permit any building or structure to exceed the height limitations imposed by the applicable regulations;
(c) To permit the use of a lot prohibited solely because of the insufficient area of the lot;
(d) To reduce the applicable off-street parking or loading facilities, required parking spaces are permitted to be located from the use served; and,
(e) To waive or modify the screening requirements of Section 21-8, subsection (5)(e)(2) of this chapter, or to permit any fence, wall, or other enclosure which is greater than or less than the required height limit.
(2) Application and fee.
(a) DATA TO BE FURNISHED. Application for a variation shall be made to the Zoning Officer on a form prescribed by
the Zoning Board of Appeals, which shall include the following data:
1. (A) Name and address of the applicant.
(B) Name and address of the owner of the real estate, which is the subject of the request for a variance if other than the applicant.
2. Statement that the applicant is the owner or an authorized agent of the owner, and submit written proof that the owner authorized this applicant to act on its behalf of the property on which the use is proposed to be located.
3. Address or description of the property.
4. Statement of the precise nature of the variation requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter that enforcement of a specified regulation of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a variation, prescribed in subsection (4) of this section.
5. Name and address of all adjacent property owners at the address as taken from the latest adopted tax rolls.
(b) MAP. The application shall be accompanied by an accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than five (5’) feet, and all existing and proposed locations of street, property lines, uses, structures, driveways, pedestrian walks, an off-street loading and off street parking facilities and landscaped areas.
1. If required for a public hearing as prescribed in subsection (3) of this section, the application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least three hundred (300’) feet from each boundary of the site showing the existing locations of streets and property lines.
(c) FEE. The application shall be accompanied by a fee of seventy-five ($75.00) dollars to cover the cost of handling the application as prescribed in this article. In the event that the variation is for an improvement or building that is already under construction or in existence, the fee shall be double the amount of the fee set forth above to cover the cost of additional inspections and the costs of processing the application.
(3) Public hearing.
(a) NOTICE. The Zoning Board of Appeals shall hold a public hearing on an application for a variation within forty-five
(45) days of the date when the applications were filed and found to be complete by the Zoning Officer. Notice of a public hearing shall be given not less than fifteen (15) days nor more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation within the Village Notice shall also be sent via certified mailing to adjacent property owners within the time frame described above.
(b) PROCEDURE. At a public hearing, the Zoning Board of Appeals shall review the application, statements, and drawing submitted therewith and shall receive pertinent evidence concerning the variation, particularly with respect to the findings prescribed in paragraph (3)(d) below.
(c) The Zoning Board of Appeals shall grant by resolution an application for a variation as the variation was applied for or in modified form, or the application may be denied.
(d) The concurring vote of four (4) members of the board shall be necessary to authorize any variation in this ordinance.
(e) FINDINGS OF FACT. Within forty-five (45) days after the close of the public hearing on a proposed variation, the Zoning Board of Appeals shall make a written finding of fact. For the Zoning Board of Appeals to make an affirmative
decision on any proposed variation, it must find that each of the following items is met:
1. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;
2. The conditions upon which a petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally to other property within the same zoning classification;
3. The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property;
4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
5. The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets or increase the danger of fire, endanger public safety or substantially diminish or impair property values within the neighborhood; and,
6. The proposed variance complies with the spirit and intent of restrictions imposed by this chapter.
(4) Lapse of variation.
(a) A variation shall lapse and become void one year following the date on which the variation became effective
unless prior to the expiration of one year, a building permit is issued, and construction is commenced and diligently
pursued toward completion on the site which was the subject of the variation application, or a permit is issued
authorizing occupancy of the site or structure which the subject of the variation application which was the subject of
