Only the following uses and their essential
services may be allowed in any district:
A. Permitted uses. Permitted uses, being the principal
uses specified for a district.
B. Accessory uses. Accessory uses and structures as specified
are permitted in any district but not until their principal structure
is present or under construction.
C. Conditional uses.
(1) Classes of conditional uses. Conditional uses may
be denominated either "regular" or "limited."
(2) General conditional use provisions. Provisions applicable
to conditional uses generally:
(a)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Village Board in accordance with Article
V of this chapter, excepting those existent at time of adoption of this chapter.
(b)
Those existing uses which are classified as
conditional uses for the district(s) in which they are located at
the time of adoption of this chapter require no action by the Village
Board for them to continue as valid conditional uses, and the same
shall be deemed to be regular conditional uses.
(c)
Proposed change from permitted use in a district to a conditional use shall require review, public hearing and approval by the Village Board in accordance with Article
V of this chapter.
(d)
A conditional use(s) when replaced by a permitted use(s) shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of a new conditional use(s) shall require review, public hearing and approval by the Village Board in accordance with Article
V of this chapter.
(e)
Provisions in this chapter relating generally
to conditional uses shall, except when in conflict with specific provisions
relating to either regular or limited conditional uses (which specific
provisions would then control), be deemed to be applicable to both
regular and limited conditional uses.
(3) Specific regular conditional use provisions. Provisions
applicable specifically to regular conditional uses:
(a)
Regular conditional uses, either allowed by action of the Village Board or existent at time of adoption of this chapter, shall be nonlapsing, shall survive vacancies and change of ownership of the properties where located and shall be subject to substitution with other conditional use(s) of the same or similar type without Village Board approval. Change to a conditional use of other than the same or similar type shall require procedures and approval in accordance with Article
V.
(b)
See Subsection
C(2)(b) above as to conditional uses existent at time of adoption of this chapter being deemed to be regular conditional uses.
(4) Specific limited conditional use provisions. Provisions
applicable specifically to limited conditional uses:
(a)
Limited conditional uses authorized by Village
Board resolution shall be established for a period of time to a time
certain or until a future happening or event at which the same shall
terminate.
(b)
Limited conditional uses authorized by the Village Board shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Board approval and the procedures required in Article
V of this chapter.
D. Uses not specified.
(1) Uses not specified in this chapter which are found
by the Plan Commission to be sufficiently similar to specified permitted
uses for a district shall be allowed by the Zoning Administrator.
(2) Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Village Board after consideration and recommendation by the Plan Commission, public hearing and approval in accordance with Article
V of this chapter.
The regulations contained herein relating to
the height of buildings and the size of yards and other open spaces
shall be subject to the following exceptions:
A. Churches, schools, hospitals, sanitariums and other
public and quasi-public buildings may be erected to a height not exceeding
60 feet or five stories, provided that the street, side and rear yards
required in the district in which such building is to be located are
each increased at least one foot for each foot of additional building
height above the height limit otherwise established for the district
in which such building is to be located.
B. Chimneys, cooling towers, elevator bulkheads, fire
towers, monuments, penthouses, stacks, scenery lofts, tanks, water
towers, ornamental towers, spires, wireless, television or broadcasting
towers, masts or aerials, microwave radio relay structures, telephone,
telegraph and power poles and lines and necessary mechanical appurtenances
are hereby excepted from the height regulations of this chapter and
may be erected in accordance with other regulations or codes of the
Village.
C. Residences in the residence districts may be increased
in height by not more than 10 feet when all yards and other required
open spaces are increased by one foot for each foot such building
exceeds the height limit of the district in which it is located.
D. Where a lot abuts on two or more streets or alleys
having different average established grades, the higher of such grades
shall control only for a depth of 120 feet from the line of the higher
average established grade.
E. Buildings on through lots and extending from street
to street may have waived the requirement for a rear yard by furnishing
an equivalent open space on the same lot in lieu of the required rear
yard, provided that the setback requirement on both streets is complied
with.
F. Where a lot has an area less than the minimum number
of square feet per family required for the district in which it is
located and was of record as such at the time of the passage of this
chapter, such lot may be occupied by one family.
G. Every part of a required yard shall be open to the
sky unobstructed, except for accessory buildings in a rear yard and
the ordinary projections of sills, belt courses, cornices and ornamental
features projecting not more than 12 inches.
H. Open or enclosed fire escapes and fire towers may
project into a required yard not more than five feet and into a required
court not more than 3 1/2 feet, provided that they are so located
as not to obstruct light and ventilation.
No lot, yard, parking area, building area or
other space shall be reduced in area or dimensions so as not to meet
the provisions of this chapter. No part of any lot, yard, parking
area or other space required for a structure or use shall be used
for any other structure or use.