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er lots if it can be demonstrated that ingly, in addition to the general criteria
<br />said smaller lots will not result in
<br />hereinbefore set forth, with respect tc
<br />ground water, soil, or other contamina-
<br />an application for a drive-in business
<br />tion which might endanger the public
<br />The
<br />special use permit the Council and the
<br />health
<br />Planning C-mi_rissioa shall consider and
<br />Non-residential land uses and apart-
<br />guided by the additional criteria:
<br />ment buildings may be permitted in
<br />(a) Location.
<br />areas without sanitary sewer only if a
<br />(1) No drive-in business shall be
<br />special use permit is issued. Said special
<br />I
<br />located within Four Hundred
<br />use permit shall not be granted if the
<br />feet (400) of a public, private
<br />Village Council determines that n sat-
<br />or parochial school, a church,
<br />isfactory waste disposal method and I
<br />a public recreation area, or
<br />system is not available.
<br />E. Permitted Uses
<br />Except as provided herein, and subject to special use provisions in Paragraph
<br />F re Special Uses. no building or premises
<br />may be devoted to uses other than
<br />those indicated.
<br />Limited Retail General
<br />R'sideritial
<br />Business Business Business Industrial
<br />Districts
<br />Districts Districts Districts Districts
<br />R-1 R-2
<br />L-B R-B G-B L-I
<br />Agriculture P P
<br />P P P P
<br />Automobile Service
<br />P
<br />I Family Residence P P
<br />2 Family Residence O O
<br />O
<br />Drive-in Business
<br />O
<br />Heloport
<br />O p
<br />Home Occupation P P
<br />Institutional Housing O O
<br />O
<br />Manufacturing
<br />P
<br />Medical
<br />P P P P
<br />Miscellaneous Indi.stry
<br />P P
<br />Multiple Residence 0 O
<br />O
<br />Offices
<br />P P P P
<br />Public O O
<br />P P P P
<br />Public Utility P P
<br />P P P P
<br />Research
<br />P P P
<br />Retail Shopping
<br />P P
<br />Warehousing
<br />P P
<br />Waterfront Uses P P
<br />Wholesale Business
<br />P P
<br />Key. P Permitted Uses
<br />O Requires Special Use Permit
<br />Note: Definitions of general use categories
<br />listed above are to be found under
<br />Rules and Definitions. Where question
<br />arises as to whether a proposed use
<br />falls within one of the above categories,
<br />the P.lanning Commission shall make
<br />a recommendation to the Village Council which shall make the final deter-
<br />mination.
<br />F. Special Uses General Statement
<br />1. It is recognized that certain uses of
<br />land, while generally not suitable in a
<br />particular zoning district, may, under
<br />some circumstances, be suitable. When
<br />in the opinion of the Council said cir-
<br />cumstances exist the Council may grant
<br />a special use permit after following the
<br />procedure hereinafter set forth for such
<br />special use permit. In general, the Coun-
<br />cil may grant a special use permit when
<br />the Council determines that the proposed
<br />use will not be detrimental to the health,
<br />safety, convenience, morals, or general
<br />welfare of the community nor will the
<br />granting of the permit cause serious
<br />traffic congestion or hazards, nor will
<br />said granting seriously depreciate sur-
<br />rounding property values, and that said
<br />Proposed use is in harmony with the
<br />general purpose and intent of this Ord-
<br />inance and the Comprehensive Plan.
<br />The permit shall be granted for a par-
<br />ticular use and not for a particular per-
<br />son or firm. Conditions may be applied
<br />to the issuance of a permit, which con-
<br />ditions shall be stated in the permit, and
<br />a periodic review of the permit may be
<br />required. The Administrative Clerk shall
<br />maintain a record of all special use per-
<br />mits issued, including information on the
<br />use, location conditions imposed by the
<br />Council, time limits, review dates, and
<br />such other information as may be ap-
<br />propriate.
<br />After the granting of a special use
<br />permit, any change in the permitted use
<br />involving structural alteration, enlarge-
<br />ment, intensification of use, or similar
<br />change not specifically permitted by the
<br />special use permit shall require an
<br />amended special use permit and all pro-
<br />cedures shall apply as if a new permit
<br />were being issued.
<br />In the event the Council proposes to
<br />cancel a special use permit, except
<br />where such permit expires at a certain
<br />time by its own terms, the Council shall
<br />cause written notice thereof to be given
<br />to the occupiers and owner of said Prop-
<br />ery, in order that the occupier and own-
<br />er shall have an opportunity to be heard,
<br />but no further notice need be given.
<br />2 Criteria For Granting Special Use
<br />Permits
<br />In considering the special use permit
<br />the Council shall consider the advice and
<br />recommendations of the Planning Com-
<br />mission and the effect of the proposed
<br />use upon the health, safety, morals and
<br />general welfare of occupants of surround-
<br />ing land, existing and anticipated traf-
<br />fic conditions, including parking facil-
<br />ities on adjacent streets and land, and
<br />the effect on values of property in the
<br />au rroundina area, and the effect of the
<br />proposed use on the Comprehensive Plan.
<br />It is recognized that a drive-in busi-
<br />ness as defined in this ordinance pre-
<br />sents certain unusual problems. Accord -
<br />any residentially -zoned prop.
<br />erty.
<br />(2) No drive-in business shall be
<br />located on a street other than
<br />one designated as a thorough-
<br />fare or business service road
<br />on the Comprehensive Village
<br />Plan.
<br />(3) A drive-in business shall not
<br />be located on the site if the
<br />Probable result of such loca-
<br />tion would be to unreasonably
<br />increase traffic volume on
<br />nearby residential streets.
<br />(4) No drive-in business shall be
<br />located on a lot of less than
<br />24,000 sq. ft.
<br />(b) Landscaping.
<br />(1) Each drive-in business shall
<br />provide a landscaped yard as
<br />follows:
<br />(a) Twenty feet depth from
<br />the front lot line except
<br />for approved access
<br />drives;
<br />(b) Ten feet at each side lot
<br />line; and
<br />(c) Fifteen feet at the rear
<br />lot line.
<br />(2) The landscaping plan must be
<br />approved by the Village Coun-
<br />cil prior to issuance of a per-
<br />mit and said plan shall in-
<br />clude complete specifications
<br />for plant materials and other
<br />features.
<br />(3) At least 25% of the gross lot
<br />area shall be landscaped.
<br />(c) Site Plan.
<br />Each application for a drive-in
<br />business special use permit shall
<br />be accompanied by a site Plan
<br />showing the landscaping require-
<br />ments hereinbefore set- forth and
<br />in addition the following items
<br />where they may be appropriately
<br />reflected on the site plan:
<br />(1) The site plan shall clearly in.
<br />dicate suitable storage con-
<br />tainers for all waste material.
<br />(2) The parking area shall be
<br />paved with asphalt or concrete
<br />to specifications approved by
<br />the Village Council.
<br />(3) All curbing required by the
<br />Village Council shall be con-
<br />crete.
<br />(4) Adequate area shall be desig.
<br />nated for snow storage such
<br />that clear visibility shall be
<br />maintained from the property
<br />to any public street.
<br />(5) A suitable screening fence
<br />shall be erected along all
<br />property lines except those
<br />which are also public right -of.
<br />way lines. Said fence shall be
<br />of a type and design approved`
<br />by the Village Council.
<br />Planting of a type approve
<br />by the Council may also l
<br />required in addition to or i
<br />lieu of fencing.
<br />(6) All lighting shall be direete
<br />such that the source of .an
<br />light shall not be visible froi
<br />the public street or adjacer
<br />property.
<br />(7) The plan shall show the Ic
<br />cation thereon of all strut
<br />tures, including the princips
<br />structure, not specifically re
<br />ferred to herein, and the de
<br />sign of all structures shall b
<br />compatible with other struc
<br />tures in the surrounding are[
<br />(8) The plan shall show adequat
<br />provision thereon for sorfac
<br />water drainage.
<br />(9) Electronic devices such a
<br />loud speakers, automobile sec
<br />vice order devices, drive-h
<br />theater car speakers and Sim
<br />ilar instruments shall not b
<br />located within 50 feet of an,
<br />residentially used propert:
<br />nor within 25 feet of an;
<br />adjacent lot regardless of use
<br />or zoning district.
<br />(10) No permanent or temporar7
<br />signs visible from the publi(
<br />street shall be erected with
<br />out approval from the Village
<br />Council.
<br />(11) No plan shall be approve[
<br />which will in any way con.
<br />stitute a hazard to vehicular
<br />or pedestrian circulation. Nc
<br />access drive shall be within
<br />50 feet of intersecting street
<br />curb lines.
<br />(12) The Plan shall show access
<br />to public streets or other pub-
<br />lic ways from at least twc
<br />points on the subject prem-
<br />ises.
<br />Listing of Special Uses
<br />Certain uses are herein listed whict
<br />reconsidered to be categories where
<br />pecial use permits may be granted it
<br />he event the Council determines that the
<br />iarticular use meets the general re-
<br />ruirements referred to in Paragraphs 1
<br />nd 2 hereof.
<br />a. In Residential Districts:
<br />Institutional Housing
<br />Churches, private schools, public
<br />schools, parochial schools, and other
<br />institutions
<br />Greenhouses and seasonal businesses
<br />(retail and wholesale)
<br />Swimming pools (including all as-
<br />sociated or accessory structures)
<br />Golf Courses
<br />Fences across front yards exceeding
<br />21A feet in height
<br />Residences housing two or more fam-
<br />ilies.
<br />Accessory structures other than
<br />those listed as permitted.
<br />Home occupations
<br />Public uses
<br />b. In Limited Business Districts:
<br />Institutional Housing
<br />Clubs and lodges, non-profit
<br />Mortuaries
<br />Private Colleges and Institutions
<br />Seasonal businesses
<br />Residences housing two or more
<br />families
<br />c. In Retail Business Districts:
<br />Music, Dance, or business schools
<br />Service station
<br />Club and lodge, non-profit
<br />Commercial recreation
<br />Fuel sales
<br />Mortuaries
<br />Restaurants with live entertainment
<br />and dancing.
<br />Veterinary clinic or offices
<br />Motel
<br />d. In General Business Districts:
<br />Clubs and lodges
<br />Car Wash
<br />Veterinary clinic or offices
<br />Commercial recreation
<br />Service station
<br />e. In Industrial Districts:
<br />Storage, utilization, or manufacture
<br />of explosives, dynamite, or flam-
<br />mable gases and liquids.
<br />Open- storage, where such storage
<br />is accessory use.
<br />Railroad storage and switching
<br />yards and rail lines
<br />Service stations
<br />Restaurants
<br />Advertising signs
<br />Refuse, trash, or garbage disposal,
<br />incineration, or reduction
<br />Transportation terminal as accessory
<br />use.
<br />f. In all Districts:
<br />Farms as defined and regulated in
<br />Ordinance No. 73
<br />Golf courses and country clubs
<br />Broadcasting or reception antenna
<br />or towers over 45 feet in height
<br />i (measured from average grade level)
<br />Public school
<br />Railroad lines
<br />Utility substations
<br />I External storage not accessory to a
<br />Principal use, except those curently
<br />i being used for construction on the
<br />premises; "currently" shall mean
<br />within a period of 18 months.
<br />Excavating business - sand, gravel,
<br />black dirt, sod, or rock
<br />Land reclamation, mining and soil
<br />processing
<br />Armories, convention halls, and sim-
<br />ilar uses
<br />Christmas tree sales
<br />Overhead and underground utilities
<br />not included as part of an approved
<br />and officially recorded subdivision.
<br />Private or semi-public and public
<br />outdoor recreation areas and use,
<br />designed for use by more than 30
<br />persons at any one time.
<br />G. Accessory Uses
<br />1. In Residential Districts
<br />Open, off street parking space (not
<br />more than four (4) vehicles per one and
<br />two family homes).
<br />Gardening and other horticultural uses
<br />where no sale of products is conducted
<br />within a building except as permitted un-
<br />der "agriculture".
<br />Decorative landscape features such as
<br />statues, rocks, benches, planting and
<br />reflection pools.
<br />Private garages
<br />One lodging room per single family
<br />home
<br />Domestic animals other than farm an-
<br />imals and dog kennel
<br />Waterfront uses
<br />Fences and Hedges
<br />2. In Business and Industrial Districts
<br />Any incidental repair, processing, and
<br />storage necessary to conduct a permitted
<br />principal use but not exceeding thirty
<br />(30%) of the floor space of the princi-
<br />pal building and enclosed within the
<br />principal building.
<br />Off-street parking
<br />Fences and Hedges
<br />Decorative landscaping features
<br />Section IV: Performance Standards
<br />The Performance standards established
<br />in this section are designed to encourage
<br />a high standard of development by pro-
<br />viding assurance that neighboring land
<br />uses will be compatible. The perform-
<br />ance standards are ala) designed to pre-
<br />vent and eliminate those conditions that
<br />cause urban blight. All future develop-
<br />ment shall be required to meet these
<br />standards. The standards shall also ap-
<br />ply to existing development where so
<br />stated. The Village Council shall be re.
<br />sponsible for enforcing the Standards.
<br />Before any building permit is ap-
<br />proved, the Building Inspector shall de-
<br />termine whether the proposed use will
<br />conform to the performance standards.
<br />The developer shall supply data neces-
<br />sary to demonstrate such conformance.
<br />Such data may include description of
<br />equipment to be used, hours of operation,
<br />method of refuse disposal, type and lo-
<br />cation of exterior storage, etc. It may
<br />occasionally be necessary for a develop-
<br />er or business to employ specialized con-
<br />sultants to demonstrate that a given use
<br />will not exceed the performance stand-
<br />ards.
<br />A. Visual Standards
<br />It is hereby affirmed as essential mun-
<br />icipal policy that the appearance of this
<br />municipality is a proper matter for pub-
<br />lic concern and that all open spaces,
<br />buildings, signs, plantings, surfaces, and
<br />structures which may be seen from the
<br />Public ways are subject to the provi-
<br />sions of this ordinance. To this end the
<br />Building Inspector, Planning Commis-
<br />sion and the Council shall consider,
<br />Prior to the recommendation for issuance
<br />or issuance of any building Permit or
<br />other permit hereunder, whether the ap-
<br />pearance of the structure or other sub-
<br />ject -matter of the application will un-
<br />reasonably detract from the appearance
<br />of the Village. In this connection it
<br />should be determined whether the de-
<br />sign, proposed construction, proposed ma-
<br />terials, nr other aspects of the sub-
<br />ject matter of the permit, when. con-
<br />sidered in perspective with the surround-
<br />ing area and also in perspective with
<br />the Village as a whole, are such that
<br />a reasonable person would consider it
<br />to be unsightly and offensive. In making
<br />this determination it is fair to consider
<br />whether appropriate change or adjust-
<br />ment as requested by the Council or oth-
<br />er agency of the Village would place an
<br />unreasonable burden upon the applicant
<br />as balanced against the Council's aim
<br />to improve the general appearance of
<br />the Village.
<br />The foregoing considerations shall be
<br />applicable to any permit applications,
<br />but are considered particularly aDplic-
<br />
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