(A) Authorization. Because of particular functional and other inherent characteristics, certain land and structure uses have a high potential of being injurious to surrounding properties by depreciating the quality and value of the property. Many of these uses may also be injurious to the village as a whole unless they are controlled by minimum standards of construction and operation. It is the intent of this section to provide a framework of regulatory standards which can be utilized by the Planning Commission as a basis for approving or disapproving certain special uses which may be permitted by the issuance of a special use permit within the particular zone districts cited.
(B) Site development requirements. A special use permit shall not be issued for the occupancy or use of a structure or parcel of land, or for the erection, reconstruction, or alteration of a structure unless complying with the following site development requirements. Without limiting the powers of the Planning Commission in any other section of this chapter, the Planning Commission shall have the authority to revoke any special use permit when, after reasonable warning, the operators of any use permitted under this section fail to comply with any of the requirements stipulated.
(1) Incinerators and sanitary fills.
(a) All uses shall be established and maintained in accordance with all applicable state statutes.
(b) All active uses shall be enclosed by a fence six feet or more in height for the entire periphery of the property. Fences shall be adequate to prevent trespass and shall be placed no closer than 50 feet to the top or bottom of any slope.
(c) All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned so that they shall be in condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form.
(d) The Planning Commission shall establish routes for truck movement in and out of the development in order to minimize the wear on public streets, to minimize traffic hazards, and to prevent encroachment of traffic or the byproducts of traffic (such as dust and noise), upon adjacent properties.
(e) All permitted installations shall be maintained in a neat, orderly condition as to prevent injury to any single property, any individual, or to the village in general.
(2) Sewage treatment and disposal installations.
(a) All uses shall be established and maintained in accordance with all applicable state statutes. If any of the requirements of this division (B)(2) are less than those in applicable state statutes, the state requirements shall prevail.
(b) All operations shall be completely enclosed by a wire-link fence not less than six feet high.
(c) All operations and structures shall be surrounded on all sides by a transition strip at least 200 feet in width within which grass, plant materials, and structural screens shall be placed to minimize the appearance and odors of the installation. The Planning Commission shall approve all treatment of transition strips.
(3) Drive-in theaters, race tracks, temporary and transient amusement enterprises, golf driving ranges, and miniature golf courses (i.e. commercial recreation facilities).
(a) All sites shall be located on a major thoroughfare. All traffic ingress or egress shall be from the thoroughfare. Local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements into or out of the major thoroughfare.
(b) All points of entrance or exit for motor vehicles shall be located no closer than 100 feet from the intersection of any two street(s) or highway(s).
(c) Golf driving ranges shall provide the safety screening as deemed reasonable and necessary by the Planning Commission to protect the safety and welfare of adjacent areas.
(d) Race tracks and drive-in theaters shall be enclosed for their full periphery with an obscuring screen fence at least six feet in height. Fences shall be of sound construction, painted or otherwise finished neatly, attractively, and inconspicuously.
(e) Drive-in theater ticket gates shall be provided in accordance with the following rations: one ticket gate for 300-car capacity theaters, two ticket gates for 600-car capacity theaters, three ticket gates for 800-car capacity theaters, four ticket gates for 1,000-car capacity theaters. Vehicle standing space shall be provided between the ticket gates and the street or highway right-of-way line equal to at least 30% of the vehicular capacity of the theater.
(f) Drive-in theater picture screens shall not be permitted to face any public street and shall be so located as to be out of the view from any major thoroughfare. The picture screen tower shall not exceed 65 feet in height.
(g) For drive-in theaters, no more than two advertising signs not exceeding in aggregate more than 500 square feet shall be permitted. The signs shall only advertise the business and shall be so located as not to obstruct traffic or vision upon any public street. In no event is any one sign to exceed 250 square feet.
(4) Adult entertainment establishments. The proposed use shall only be allowed if:
(a) There are no other adult entertainment establishments within a 1,000 foot radius.
(b) There are no schools, libraries, churches, or public parks within a 500 foot radius of the proposed adult entertainment establishment.
(c) Nude entertainers and material depicting nudity may not be visible through the windows of the establishment.
(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)