The following use restrictions and regulations shall apply:
A. Principal uses. Only those principal uses specified for a district,
their essential services, and certain accessory and conditional uses
authorized by this chapter shall be permitted in that district.
[Amended 3-13-2013]
B. Performance standards. Performance standards listed in Article
VIII shall be complied with by all uses in all districts.
C. Conditional uses. Provisions applicable to conditional uses generally:
[Amended 3-13-2013]
(1) Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article
IV of this chapter, excepting those existent at time of adoption of the Zoning Code.
(2) 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 Plan Commission to continue
as valid conditional uses, and the same shall be deemed to be "regular"
conditional uses.
(3) Proposed change from permitted use in a district to a conditional use shall require review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article
IV.
(4) Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s), or establishment of new conditional use(s) shall require review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article
IV.
(5) Conditional uses authorized by the Village Board, upon the recommendation
of the Plan Commission, 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.
(6) Conditional uses authorized by the Village Board, upon the recommendation of the Plan Commission, shall not be subject to substitution with other conditional uses, whether similar type or not, without Board approval and the procedures required in Article
IV.
(7) Appeals regarding actions of the Village Board regarding conditional use permit applications shall be to the Zoning Board of Appeals in accordance with Article
IV.
D. Uses not specified.
[Amended 3-13-2013]
(1) Uses not specified in this chapter which are found by the Village
Board, upon the recommendation of the Plan Commission, to be sufficiently
similar to specified permitted uses for a district shall be allowed
by the Village Board, upon the recommendation of the Plan Commission.
(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, upon the recommendation of the Plan Commission, in accordance with Article
IV.
E. Review
of uses. Prior to any new use or change of use within the commercial
districts (C1, C-1-H, C-2), M-1 Mixed-Use Medical District and the
I-1 Industrial District, any person (applicant) proposing such a new
use or change of use shall notify the Village Clerk-Treasurer in writing
describing the proposed use. The Village Clerk-Treasurer shall consult
with the Zoning Administrator to determine if the proposed use is
a permitted use, a conditional use, or a prohibited use. The Village
Clerk-Treasurer or the Zoning Administrator shall issue a written
determination to the applicant whether such proposed or intended use
is a permitted use, a conditional use, or a prohibited use. There
shall be no fee charged for this review of the proposed use. This
determination is solely for the purposes of categorizing the proposed
use within the zoning district and does not constitute approval of
said use and does not constitute a waiver of any other applicable
rules or regulations concerning said use. The applicant is fully responsible
for complying with all federal, state and local laws and regulations.
This determination is appealable to the Plan Commission by filing
a written appeal with the Village Clerk-Treasurer within 30 days of
the issuance of the determination by the Village.
[Added 3-13-2013; amended 8-13-2014]
No lot, yard, parking area, building area or other space shall
be reduced in area or dimension 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.
[Amended 3-13-2013]
Sexually oriented businesses shall be regulated by the provisions of Chapter
190, Adult Uses.