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§ 155.41 OFF-STREET PARKING.
   (A)   In all districts, whenever a building is erected, converted, enlarged or structurally altered for a use described in this section, or the use of a building or land is hereafter changed to a use described in this section, then off-street parking for automobiles or trucks shall be provided on the lot or tract of land used in accordance with the following minimum requirements:
      (1)   For dwellings: two parking spaces for each dwelling unit;
      (2)   Business or professional office, bank, medical or dental clinic: three parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000;
      (3)   Hotel: one parking space for each three sleeping rooms or suites, plus one space for each 200 square feet of commercial floor area contained therein;
      (4)   Tourist home, cabin or motel: one parking space plus one parking space for each sleeping room or suite;
      (5)   Restaurant, café or recreation or amusement establishment: one parking space for each 100 square feet of floor area;
      (6)   Retail store or personal service establishment, except as otherwise specified herein: one parking space for each 200 square feet of floor area;
      (7)   Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and services, clothing or shoe repair or service shop: two parking spaces, plus one additional parking space for each 300 square feet of floor area over 1,000;
      (8)   Printing or plumbing shop or similar service establishment: one parking space for each three persons employed therein;
      (9)   Bowling alley: five parking spaces for each alley;
      (10)   For any manufacturing or industrial use: one parking space for each two employees on the maximum working shift, plus space to accommodate all trucks and other vehicles in connection therewith; and
      (11)   A required off-street parking space shall be at least nine feet in width and at least 18 feet in length exclusive of access drives or aisles, ramps, columns or office or work areas. Enclosed parking spaces shall have a vertical clearance of at least seven feet.
   (B)   In computing the number of such parking spaces required, the following rules shall govern.
      (1)   FLOOR AREA shall mean the gross floor area of a specific use.
      (2)   The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
      (3)   Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
      (4)   In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
   (C)   (1)   Parking spaces may be provided in the required side, rear and front yards of lots located in the “B” Commercial Service District and the “C” Industrial District; except that, parking spaces may be provided only in the required side and rear yard when a lot in such districts is used for a dwelling. Parking spaces may be provided in the required side and rear yard of lots located in the “A” Residence Districts, but not in the required front yard thereof.
      (2)   Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. No driveway across public property at the right-of-way line shall exceed a width of 25.
      (3)   Accessory parking spaces may be open to the sky or enclosed in a building.
      (4)   All open off-street parking areas containing four or more parking spaces shall be improved with a compacted base and permanent wearing surface as approved by the designated Village Engineer.
      (5)   All open parking areas containing more than four parking spaces, located less than 40 feet from a property line, shall be effectively screened on each side adjoining or fronting on any property situated in a residential district or any institutional premises by a wall or fence, not less than five feet, nor more than eight feet in height. Screening shall be property maintained in good repair.
      (6)   Lighting shall be used to illuminate off-street parking areas and shall be directed away from residential properties in such a way as not to create a nuisance and, in a parking area containing ten or more parking spaces, security lighting shall be maintained during hours of darkness.
(Ord. 68, passed - -; Ord. 152, passed - -)
§ 155.42 SPECIAL USES.
   (A)   The President and Board of Trustees of the village may, by resolution, grant a special permit for the following special uses in any district, except as herein qualified, for which they are otherwise prohibited by this chapter, and may impose appropriate conditions, safeguards and off-street parking requirements, and including a specified period of time for the permit, to conserve and protect property and property values in the neighborhood:
      (1)   Hospital, clinic, nursing home, sheltered care home or similar institutions; provided that, less than 40% of the total land area is occupied by buildings and that all the required yards are increased by one foot for each foot of building height;
      (2)   Airport, landing field or strip for aircraft;
      (3)   Radio or television broadcasting tower or station;
      (4)   Cemetery or mausoleum;
      (5)   Removal of gravel, topsoil or similar natural material, with safeguards for the protection of adjoining property and the community as a whole;
      (6)   Riding stable;
      (7)   Roadside stand, commercial amusement or recreational development for temporary or seasonal periods;
      (8)   Sanitary fill for the disposal of garbage or trash;
      (9)   Railroad or public utility structure other than the usual poles, wires and underground utilities; and
      (10)   (a)   Trailer or tourist camp, observing all appropriate state and village regulations; provided, there is at least 2,000 square feet of lot area per trailer, no trailer or service building is closer than 25 feet to any lot line, and such hard-surfaced drives, landscaping and similar improvements are provided as may be deemed necessary for its proper development and for the protection of the surrounding area are provided.
         (b)   No trailer shall be occupied, or otherwise used for living, sleeping, business or storage purposes within the village limits unless such trailer is parked within a trailer or tourist camp which has been granted a special permit, as set forth herein.
         (c)   No trailer which is designed for use primarily as a mobile home as opposed to camping, hauling and the like shall be parked within the village limits unless such trailer is parked within a trailer or tourist camp which has been granted a special permit, as set forth herein.
   (B)   A second type of special use where a new or unusual use, not covered in division (A) above may be granted after holding a hearing as prescribed in division (D) below; provided that:
      (1)   Because of the characteristics of the use, it is desirable that the use be located in this zone;
      (2)   The use can be operated or developed in such a manner that it will not adversely effect surrounding land uses;
      (3)   The character is unique to the extent that it cannot be classified as a permitted use in any zone; and
      (4)   Such special uses shall only be permitted after the Board of Appeals submits to the Village Board in writing a report explaining why the proposed use meets the above criteria and recommend under what conditions the special use shall be permitted.
   (C)   (1)   A temporary use permit may be granted for a specific length of time for restricted uses, such as, landfills, gravel operations, forestry activities, special events such as centennials, fairs, carnivals and revival meetings provided that the Board finds:
         (a)   The use will not have a detrimental effect on surrounding land use;
         (b)   A plat is submitted with the permit showing the placement of temporary structures, parking, utilities and necessary sanitary facilities (as required by the Health Department); and, provided that, no construction is done other than that associated with the temporary use; and
         (c)   If the natural landscape, vegetation terrain, soil cover or drainage is disrupted, plans will be submitted to the Commission and the developer will be responsible for improvements necessary to restore the property to its original condition.
      (2)   The Board reserves the right to repeal any special use permit where it finds the use being conducted in such a manner that it violates the general requirements of this chapter, or the special requirements provided for in the issuance of the permit.
   (D)   Before authorization of any of the above special uses, the request therefor shall be referred to the Board of Appeals for study and report concerning the effect of the proposed use on the character and development of the neighborhood and a public hearing shall be held in relation thereto before the Board of Appeals. Notice of the time, place and purpose of such hearing shall be given in the manner prescribed for hearings on amendments to this chapter. If no report is received from the Board of Appeals within 60 days of such referral, the President and Board of Trustees may take action without further awaiting such report.
(Ord. 68, passed - -; Ord. 152, passed - -)
§ 155.43 NON-CONFORMING USES.
   (A)   Except as otherwise provided in this chapter, a non-conforming use of a building, or a portion thereof, may be continued even though such use does not conform with the provisions hereof. If no structural alterations are made, a non-conforming use of a building may be changed to another non- conforming use of the same or more restricted classification; provided, the off-street parking requirements applicable to the new use are met. Whenever a non-conforming use is changed to a more restricted use or to a conforming use, it shall not, therefore, be changed to a less restricted use.
   (B)   The non-conforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 60% of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged, by less than 60% of its reproduction value, a non-conforming building may be repaired or reconstructed and used as before the time of damage provided such repairs or reconstruction are completed within one year of the date of such damage.
   (C)   Whenever a non-conforming use of a building or portion thereof is discontinued for a continuous period of two years, any future use of such building or portion thereof shall be in conformity with the regulations of the district in which such building is located.
   (D)   A non-conforming use of land may be continued; provided, however, that, no such non- conforming use of land shall be in any way expanded or extended, either on the same or adjoining property. If such non-conforming use of land or any portion thereof is discontinued for a continuous period of six months, or changed, any future use of such land shall be in conformity with the provisions of this chapter.
   (E)   The non-conforming use of land for storage purposes and non-conforming advertising signs and billboards shall be discontinued within five years from the date of passage of this chapter and any such uses of land which become non-conforming by reason of a subsequent amendment to this chapter or by reason of being annexed to the village shall also be discontinued within five years from the passage of the amendment or annexation ordinance.
(Ord. 68, passed - -; Ord. 152, passed - -)
BOARD OF APPEALS
§ 155.55 CREATION AND MEMBERSHIP.
   (A)   A Board of Appeals is hereby established. The word BOARD, when used in this section, shall be construed to mean the Board of Appeals. The Board shall consist of seven members who shall be appointed by the President upon approval by the Board of Trustees. The terms of office of the members of the Board shall be five years; except that, the seven members first appointed shall serve respectively for terms of one, two, three, four, five, six and seven years. Thereafter, as each term expires, the appointment shall be for five years.
   (B)   Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. The Board may adopt such rules of procedure as are not in conflict with this chapter or the laws of the state.
(Ord. 68, passed - -; Ord. 152, passed - -)
§ 155.56 JURISDICTION.
   The Board shall have the power, and shall be charged with, the duty to hear and decide:
   (A)   Appeals from any order, requirement, decision or determination made by the Building Inspector under this chapter, as set forth in § 155.57 of this chapter;
   (B)   Requests for variations in the application of the regulations imposed by this chapter, as set forth in § 155.58 of this chapter; and
   (C)   All matters specifically referred to it under the provisions of this chapter.
(Ord. 68, passed - -; Ord. 152, passed - -)
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