Except as specifically limited in the following paragraphs, the following may be permitted in any business district subject to the issuance of a special use permit as provided in Section 7-502 of this Code, and subject to the additional standards hereinafter set forth:
A. Financial Institution Drive-In Facilities; provided, however, that no special use permit shall be granted unless the Board of Trustees shall find that the evidence establishes that there is a community need for such a facility at the location proposed.
B. Gasoline Service Stations (4471); provided, however, that no special use permit shall be granted unless the Board of Trustees shall find that the evidence establishes that there is a community need for such a station at the location proposed. Such special use permit may authorize the outdoor storage of service vehicles and outdoor vehicle maintenance and service activities that are routine in nature, subject to such conditions as the Board of Trustees may deem necessary or appropriate, notwithstanding the limitations of Subsection 4-107D.
C. Housing for Senior Citizens and Handicapped Persons; provided, however, that the Board of Trustees may, in approving a special use permit for such housing:
1. Allow dwelling unit sizes smaller than those required by Paragraph 4-110C11 of this Code;
2. Waive or modify the restriction on residential use below the second floor level of buildings;
3. Waive or modify the lot area requirements otherwise applicable;
4. Allow a reduction in the number of otherwise applicable required parking spaces; provided, however, that no such reduction shall allow for less than one space for every two dwelling units.
D. Relief for buildings in the business districts that do not meet the parking requirements contained in Paragraphs 5-104E1(h)(i) and (ii) of this Code; provided, however, that the Board of Trustees may, in approving a special use permit for parking relief:
1. restrict the size of any proposed new building or addition to an existing building;
2. restrict the uses of the building, including without limitation restricting the use of one or more floors in the building to retail uses only;
3. require that the owner provided off-site parking; and/or
4. place any other restrictions or conditions on the special use permit as the Board of Trustees deems necessary or appropriate. (Section D adopted Feb 19, 2004)
E. Personal Wireless Services Antennae
either:
1) located on the ground, a building or a utility pole within a a zoning lot or right-of-way but not otherwise permitted; or 2) located on Towers, provided, however, that no such special use permit shall be granted unless the Board of Trustees shall find that, in addition to the other applicable standards for a special use permit,
the evidence establishes that there is a community need for such antenna and tower at the location proposed and that such antenna and tower comply with the standards set forth in Paragraph 5-101D13 of this Code. No special use permits authorizing construction of a new tower or addition to, enlargement of, or expansion of use of a lawfully existing tower shall be authorized unless the applicant is able to demonstrate that no lawfully pre-existing antenna support structure or lawfully pre-existing building or structure is available on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless services. (July 19, 2012) (Also see 5-101 D 13)
F. Residential Use Below the Second Floor ins the B-1 District only, provided that:
1. Any dwelling unit below the second floor is setback at least 120 feet from any zoning lot frontage along either Vernon, Park, or Green Bay Road;
2. The zoning lot abuts a residential district; and
3. Each such dwelling unit is oriented on the zoning lot so as to provide a buffer between nonresidential uses on the zoning lot and the residential uses on the abutting lot or lots.
In granting a special use permit pursuant to this Subsection, the Board of Trustees may approve the design and layout of any parking area or parking lot for the required parking spaces serving such residential use, notwithstanding any of the particular requirements in Subsections 5-104B and 5-104C of this Code. (4/1995)
G. Projecting Signs: but only if such signs are integrally related to the restoration of a building on a block where all the buildings having frontage on such block were constructed before 1920, and provided that such signs are demonstrably shown to be consistent with the restoration of such buildings. No projecting signs authorized pursuant to this Subsection shall be permitted to extend more than 48 inches from the wall of the building to which such sign is attached. (4/1995)
H. Relief for any building or structure devoted to Village use that does not meet the bulk, space, and yard requirements contained in Section 4-110 of this Code, subject to such restrictions and conditions on the special use permit as the Board of Trustees may deem necessary or appropriate. (2/2009)
I. Uses on a ground floor that are permitted on floors other than the ground floor pursuant to Section 4-102.
J. Greater maximum building height within the B-2 Zoning District, subject to the following conditions:
1. Such relief shall be available only for buildings entirely within those portions of the B-2 Zoning District that are either located:
a. no more than 130 feet from the Scott Avenue right-of-way and no less than 100 feet from the Green Bay Road right-of-way; or
b. no more than 100 feet from the Scott Avenue right-of-way and no more than 100 feet from the Green Bay Road right-of-way.
2. Such relief shall not be available within any portion of the B-2 Zoning District that is west of Green Bay Road.
3. The maximum allowable building height allowed with the approval of a Special Use Permit in the B-2 Zoning District shall not exceed 45 feet.
K. Permanent Outdoor Dining. Such outdoor dining may include permanent accessory structures.
L. Golf Course Protective Structure. With the approval of a Special Use Permit, such structures are not subject to otherwise applicable height, setback, or setback plane Zoning Code requirements.”
(Am. Ord. 2013-01-3331, passed 1-17-13; Am. Ord. 2022-19-3539, passed 11-17-2022; Am. Ord. 2023-02-3547, passed 1-19-2023; Amd. Ord. 2023-19-3568, passed 10-19-2023)