(a) General.
(1) The Village Planning Commission shall have the power to hear, decide, grant or deny applications for conditional uses.
(2) The granting of such application shall be made only if such conditional use:
A. Shall not be materially detrimental or injurious to property in the district or vicinity.
B. Shall be consistent with the intent and purpose of this Zoning Code.
(3) The Village Planning Commission may impose, in addition to the minimum requirements and conditions specifically set forth for the conditional use in question, such additional requirements and conditions as he shall deem desirable under the circumstances, in order to minimize injury to other property and carry out the intent of this Zoning Code, including:
A. Limitations on signs;
B. Limitations on building materials;
C. Requirements for open spaces, landscaping, shielding of floodlights, erection of safety devices, and surfacing of access roads and driveways; screening and construction of fences and other barriers for nonresidential districts.
D. Such other requirements and conditions as may be necessary to:
1. Safeguard the public health, safety, convenience and general welfare;
2. Minimize the adverse impact upon adjoining properties in the district or vicinity;
3. Protect and preserve the character, attractions and orderly development of the district or vicinity.
(b) Conditional Uses. Conditional uses, both principal and accessory, shall also be subject to the special provisions of the district use regulations in those districts where such conditional uses are authorized.
(c) Other Exceptions and Modifications.
(1) Permission of prohibited uses as accessory to conforming uses. The Village Planning Commission shall have the power to permit, in B and I Districts, a prohibited use as accessory to a conforming use on the same lot, provided that the product of such accessory use is utilized entirely in the conforming use.
(2) Temporary permits. In undeveloped sections of the Village, the Village Clerk may, with approval of the Planning Commission, grant temporary and conditional permits for nonconforming uses, to terminate at a date specified in the permit, which date shall not exceed two years from the date of such permit, provided that such uses are important to the development of such undeveloped sections and are not detrimental to the neighborhood. Such permits may be renewed on reapplication to the Village Clerk.
(3) Extension of nonconforming use. The Village Clerk may, with approval of the Planning Commission, grant a permit for the extension of nonconforming uses upon a lot occupied by such use or on a lot adjoining or directly across an alley from such use, if such lot was under the same ownership as the lot in question prior to and continuously since the time such use became nonconforming, provided that:
A. In the case of a nonconforming use in the form of a building or structure, such extension or extensions shall not exceed, in all, fifty percent (50%) of the floor area of the existing building or structure devoted to such nonconforming use, except as provided in subsection (c)(3) C. hereof.
B. In the case of the enlargement or an extension of a nonconforming use not involving any building or structure, such extension or extensions shall not exceed, in all fifty percent (50%) of the land area devoted to such nonconforming use, except as provided in subsection (c)(3) C. hereof.
C. Where the nonconforming use is not closer to any adjoining property line than 100 feet, such extension or extensions may be over any area.
D. In the case of an extension of a nonconforming use, such extension shall not extend more than twenty-five feet beyond the district, or to within 100 feet of the closest property line, whichever permits the greater extension.
(4) Temporary uses for war purposes. In the event, in order to carry out the use for war purposes of any building or premises, or by the direction of the United States Government, it is shown to be necessary to use such building or premises for a use prohibited by this Zoning Code, the Village Clerk shall have the power to grant a temporary and conditional permit for such use, in accordance with the following regulations:
A. The Village Clerk shall not exercise this power upon any application unless he finds, upon the evidence produced before him, that there is necessity for the proposed war purposes at the particular location of such building or premises.
B. Any such permit shall terminate within two years or not later than six months after the termination of the present National Emergency as declared by the President of the United States.
C. In granting any such permit, the Village Clerk may permit such repairs or temporary improvements or construction as he finds necessary for such use.
D. Any application for any such permit shall be accompanied by a written agreement of the owner and, if leased, also by the lessee of the building or premises, that said improvements or constructions will be removed on or before the termination of the permit as aforesaid, and that if such owner or lessee fails to so remove the same, the Village may remove the same at the cost of the owner or lessee and shall have a lien upon the property as security for said agreement, the form of such agreement to be as may be specified by the Village Solicitor.
E. No appeal for a continuance of such use shall be based upon said repairs, improvements or constructions.
F. The Village Clerk may impose other conditions which he may deem necessary or advisable to assure the temporary nature of the grant.
G. Upon the termination of the permit as hereinbefore provided, the building or premises shall revert to its zoning status previous to the grant of the permit.
(5) Control of manufacturing and other industrial uses. The Village Clerk in authorizing any manufacturing or other industrial use in the I-1 District, may require the installation, operation and maintenance, in connection with the proposed use, of such devices and/or methods as may, in the opinion of the Village Clerk, be reasonably required to prevent or reduce fumes, gas, dust, smoke, odor, water-carried waste, noise, vibration or similar nuisances, and may impose such conditions regarding the extent of open spaces between it and surrounding properties as shall tend to prevent or reduce the injury which might result from the proposed use to the surrounding properties and neighborhood.
(Ord. 1135. Passed. 11-26-84.)