(A) Purpose.
(1) The Exceptional Use District (EU) is designed to permit certain uses which are not addressed in any other adopted district and which are of a nature as to warrant individual consideration and regulation due to unique demands placed upon the public health, safety, and general welfare and the requirements of location and development that generally are peculiar to these uses.
(2) The Exceptional Use District (EU) is intended to allow these uses to be suitably located and developed to appropriate and necessary standards of development in relation to other land uses and development with a minimum of conflict, without undue demand on necessary public services and facilities, and without adverse impact on the natural environment. To this end, these uses are intended to be developed in a manner of appropriate architectural, engineering, and landscape design and layout with necessary space or other provisions regarding development or operation to overcome any obnoxious or hazardous effect on adjacent lands as such effect may be a potential in the proposed use.
(B) Special uses. Land or buildings may be approved as permitted uses in the Exceptional Use District (EU) provided that such use is not a permitted or conditional use in any other district. The Exceptional Use District shall be limited to the following uses:
(1) Golf club, country club, fishing club or lake, gun club, riding stable, including boarding of animals, or similar recreational facility operated on an admission fee or membership basis;
(2) Cemetery or crematory not otherwise allowed by the provisions of this Zoning Code, provided that use occupies a lot of not less than five acres; and
(3) Other legal uses of unique or exceptional requirements of circumstances that are otherwise not permitted by this Zoning Code.
(1) The proposed location and size of areas of use, indicating size, location, and type of structures;
(2) The proposed location, size, and use of all open areas landscaped and other open space with ownership of such areas;
(3) The proposed provision of water, sanitary sewer, and surface drainage facilities including engineering feasibility or other evidence of reasonableness;
(4) The proposed circulation pattern including streets, both public and private, driveways, parking areas, walking and other access ways including their relation to topography, existing streets, and other evidence of reasonableness;
(5) The proposed schedule of site development and construction of buildings and associated facilities, and sketches or other documentation indicating design principals or concepts for site development, buildings, lighting and illumination, landscapes, or other features. Such schedule shall include the use or redevelopment of existing features such as structures, streets, easements, utility lines, and land use;
(6) The relationship of the proposed development to the existing and future land use in the surrounding areas, the street system, community facilities and services, and other public improvements; and
(7) Evidence that the applicant has sufficient control over the land to effectuate the proposed development plan within three years. Such control includes property rights, economic resources, and engineering feasibility as may be necessary.
(D) Criteria for review. The Planning Commission shall, at the minimum, consider the following factors in the review of the application:
(1) The proposed development is consistent in all respects to the purpose, intent, and applicable standards of this Zoning Code;
(2) The proposed development is compatible with adjacent land use, adjacent zoning and to appropriate plans for the area;
(3) The proposed development advances the general welfare of the village and that the benefits to be derived from the proposed use justifies the change in land use character of the area; and
(4) The proposed development promotes the public health, safety, convenience, comfort, prosperity, and general welfare.
(E) Review procedure. The review procedure shall be as stated and required in § 153.041(D) except as to effect of approval as stated in division (F) of this section.
(F) Effect of approval; time extension or modification.
(1) Effect of approval. The development plan as approved by the Village Council shall constitute an amendment of the official zoning map. Such approval shall be for a three-year period commencing from the date of approval by Council to allow the preparation of a subdivision plat or application for certificate of zoning compliance, whichever shall apply. The approval shall become voided and the land shall revert to its last previous zoning district if a final subdivision plat has not been approved or a certificate of zoning compliance has not been issued, unless an extension of time is granted as per division (F)(2) of this section.
(2) Time extension or modification. An extension of the time limit or the modification of the approved development plan may be approved by the Village Council following receipt of a recommendation from the Planning Commission. Such approval shall be given upon the finding of the purpose and necessity for such extension or modification and evidence of reasonable effort toward the accomplishment of the approved development plan, and that such extension or modification is not in conflict with the general health, safety, and welfare of the public or the development standards of the Exceptional Use District (EU).
(G) Development standards. The provisions of §§ 153.190 through 153.281 shall pertain to the Exceptional Use District (EU). Because of the unique nature and requirements of these uses, and because their locations cannot be readily predetermined, appropriate development standards, requirements, and other provisions of this Zoning Code, as appropriate, shall be used.
(Ord. 96-152, passed 10-7-1996)
Cross-reference:
Accessory uses and structures, see § 153.200
Satellite ground stations, see § 153.198