§ 8.4. Uses permitted by special land use permit.

The following uses may be permitted by issuance of a special land use permit following the procedures outlined in article 12, providing all of the applicable conditions required for setback dimensions, area, height, bulk and placement regulations and off-street parking requirements are met:

A.

Gasoline filling stations, automobile repair garages and carwashes.

B.

Temporary outdoor uses such as displays, Christmas tree sales or other quasi-civic activities may be permitted on a temporary basis without a public hearing by the board of zoning appeals, providing:

1.

That such permit shall not be issued for more than six months.

2.

Said use can be adequately shown not to be injurious or detrimental to properties in the immediate vicinity.

C.

Other principal uses having the same general character as the permitted principal uses providing:

1.

The purposes [proposed] use is located on a road designated as an arterial or collector in the Village of Pigeon comprehensive development plan.

2.

The proposed use is designed, constructed, operated and maintained in harmony with adjacent land uses and zoning districts.

D.

Arcades and other places of amusement housing pinball machines, video games and other amusement devices providing that the following standards are met:

1.

Possess a valid license for operation.

a.

No person shall conduct, maintain, display for use, operate or engage in business as owner, operator, agent, employee or in any other capacity in any establishment or place of business within the village where more than five coin-operated games and/or amusement devices are located therein without having secured a license to do so.

b.

Before any license under this section shall be granted, application therefor shall be made to the village council in writing on a form available from the village clerk's office. The application shall state the name, age and address of the person or persons or firm, company or corporation. It shall state where the business is to be operated, the zoning of the property on which it is to be operated, the name and address and age of the person in charge or to operate the business, and the number and description of devices the applicant intends to operate. Upon filing of the application herein described, the same shall be referred to the village zoning administrator and the county building inspector (including plumbing and electrical inspectors). These departments are to report to same said council with their recommendations. If, after investigation, the village council shall determine that the applicant has complied with all of the requirements of this article, then the village council shall authorize the village clerk to issue the applicant a license.

c.

The annual license fee for a place of amusement shall be $100.00 and shall expire at midnight on June 30 of each year, whereupon a new application must be made.

d.

Fees shall be paid by the applicant upon filing the application.

e.

Any license issued under the provisions of this ordinance may be revoked by the village council at any time that the village council may deem or determine that the holder of the license has failed to comply with the requirements of the special land use permit or any other ordinances pertinent to the operation of business establishments. Revocation shall be accomplished by a hearing held before the village council upon a written complaint duly verified by one having knowledge of the facts upon which the complaint is based and issuance of an order to show cause from the village council directed to the licensee by certified mail and served upon the licensee along with a copy of said written complaint at least five days before the date of hearing of the order requiring the licensee to show cause before the village council in the village, at any hour therein designated, why the license should not be revoked. Any order revoking a license issued under this article shall be accompanied by written findings supporting such revocation.

2.

Any person licensed by the village for operating or maintaining a ``place of amusement'' within the corporate limits of the village shall be restricted to the playing of any amusement therein or thereon between the hours of 3:00 p.m. and 9:00 p.m. each day except Friday and Saturday, when the hours shall be extended to 10:00 p.m. [On a] Saturday opening may be earlier in the day. Upon application or petition from the licensee, the village council may suspend these restrictions on hours of application for days that local schools are not in session. During all other hours, no persons other than the licensee or his agent shall be allowed in said place of amusement. The licensee or his agent shall be responsible for keeping the hours as set forth herein and may be penalized as provided for herein if he fails to do so.

3.

No operator shall install or permit the use of a mechanical or electronic amusement device which contains an automatic payoff device for the return of slugs, money, coins, checks, tokens, discs or plates.

4.

No person under the age of 17 years, unless accompanied by a parent or guardian, shall play or operate any mechanical or electronic amusement device. No person, agent or operator in charge of said premises upon which an amusement device may be situated shall permit any person under 17 years of age to play or operate any such amusement device unless accompanied by parent or guardian.

5.

Nothing in this section shall in any way be constructed [construed] to authorize, license or permit any gambling device whatsoever.

6.

The owner, his agent, operator or person in control of the premises shall by [have] reached the age of 21 years of age and shall be inside the premises at all times of operation. There shall be no loitering on said premises, nor around said premises, and the conduct of said business shall in no way or manner disturb, destroy or disrupt any surrounding establishment, business or dwelling.

7.

The site layout, setbacks, structures and overall appearance and function of the use shall be compatible with B-1 business district uses and meet the requirements called for in this district.

E.

Residential dwelling units subject to the following conditions:

1.

Dwelling units shall not be located below the second floor.

2.

The planning commission may impose any required setback and/or performance standards so as to insure public health, safety and general welfare.

(Ord. No. 108, 1-9-89)

AREA, HEIGHT, BULK AND PLACEMENT REGULATIONS