Akron City Zoning Code
ARTICLE VIII
Supplementary Regulations
§ 165-36 Prohibited uses.
Prohibited uses in the Village of Akron shall be as follows:
A.
Manufacture of explosives.
B.
Manufacture or dead storage of hazardous materials.
C.
All types of illumination which are not shaded or concealed so that the light will not interfere with the vision of motor vehicle operators or shine directly on residential property in any R District. Illumination which flashes, moves or simulates movement.
D.
Any temporary building or structure in any R District, except those structures incidental to permitted construction projects. Any temporary building so used must be removed within 30 days after the construction project is completed.
E.
No fence, trees or foliage shall be maintained on a corner lot that will materially obstruct the view of a driver of a vehicle approaching the street intersection.
F.
Access to or from any B or I District through any private land of any R District.
G.
Access to or from any R-3 District through any private land of any R-1 or R-2 District.
I.
Any use, including but not limited to recreational fires, cooking fires, bonfires, or open fire of any kind, which emits excessive and objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products.
[Amended 4-3-2017 by L.L. No. 1-2017]
J.
Junkyards, automobile wrecking or disassembly yards, the sorting or baling of scrap metal, paper, rags or other scrap or waste material.
K.
Residential structures without permanent foundations or without permanent connection to utilities.
L.
Animals. The housing or raising of farm animals, such as but not limited to the following: horses, cows, pigs, sheep, chickens and goats.
M.
All billboards, signboards, advertising signs or devices not expressly related to the business conducted on the premises or otherwise specifically permitted by this chapter.
§ 165-37 Fencing.
A.
Any fence erected in the village shall adhere to the following:
(1)
Before a fence shall be erected, a building permit must be obtained from the Code Enforcement Officer. A request for a permit shall be accompanied by a site plan which shall show the height and location of the fence in relation to all other structures and buildings and in relation to all streets, lot property lines and yards.
(2)
A wall, fence or hedge not over 1 1/2 feet high may be erected within the limits of any front yard or side front yard in such a manner that the maintenance shall not be impaired. In any other yard a wall or fence not over seven feet high may be erected; provided, however, that a fence, wall or similar structure unduly shutting out light or air, or which may cause a nuisance, a fire hazard or a dangerous condition, is prohibited.
B.
Exceptions.
(1)
These restrictions shall be applied so as to not restrict the erection of a wall for the purpose of retaining earth.
(2)
These restrictions shall not be applied so as to restrict the erection, alteration or reconstruction of fences used in connection with farms except insofar as such fences might affect the public safety.
§ 165-38 Swimming pools.
No private swimming pool shall be allowed in any R District, except as an accessory use, and unless it complies with the following conditions and requirements:
A.
The pool is intended and used primarily for the enjoyment of the occupants of the principal use of the property on which it is located.
B.
It may not be located closer than 10 feet to any lot line of the property on which it is located or in any front or side front yard.
C.
The swimming pool, when enclosed within a structure and such structure is attached to the principal building, shall be a part of such principal structure and must, therefore, comply with the requirements of a principal structure.
D.
The swimming pool, either open or enclosed and not attached to the principal structure, shall be considered an accessory structure and as such shall comply with the requirements of an accessory structure. All facilities and fencing serving the swimming pool shall be a part thereof.
E.
All swimming pools as defined in the definition of "swimming pool, private" in § 165-10 shall be enclosed either within a building or within a fenced enclosure at least four feet high, but not over 10 feet high. Such fence shall be equipped and maintained with self-closing, latching gates of equal height to the fence.
[Amended 7-10-1972]
F.
There is a sufficient source of water supply to accommodate such pool without detriment to normal water consumption requirements and that all proposed water supply connections are proper and adequate.
G.
The proposed drainage of such pool is adequate and will not interfere with the existing sewage and drainage facilities and with the property of others or with public highways.
H.
All swimming pools must be maintained in a clean and sanitary condition.
[Added 4-3-2017 by L.L. No. 1-2017]
I.
Every swimming pool must be equipped with an approved pool alarm which is capable of detecting a child entering the water and giving an audible alarm when it detects a child entering the water, is audible poolside and at another location on the premises where the swimming pool is located, is installed, used and maintained in accordance with the manufacturer's instructions, and is not an alarm device which is located on person(s) or which is dependent on device(s) located on person(s) for its proper operation.
[Added 4-3-2017 by L.L. No. 1-2017]
§ 165-39 Service stations.
Motor vehicle service stations may be permitted in the CBD District of the village, provided that the following standards are observed:
A.
In addition to the information required in the special permit application and enumerated in § 165-8D(2)(a), the site plan submitted shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.
B.
The lot and yard specifications shall be as stipulated in Schedule A.[1] All garage and filling station pumps, lubricating or other automobile service devices shall be located at least 20 feet from any street line or highway right-of-way. All fuel, oil or other flammable substances shall be stored at least 50 feet distant from any street or lot line.
[1]
Editor's Note: Said Schedule A is included at the end of this chapter.
C.
The entire area of the site traveled by motor vehicles shall be hard surfaced.
D.
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts, or partially dismantled motor vehicles, shall be stored outside of an enclosed building.
E.
No vehicles shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operation of the establishment or those receiving service.
F.
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.
G.
No motor vehicle service station or public garage shall be located within 200 feet of any public entrance to a church, school, library, hospital, charitable institution or place of public assembly. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.
H.
Where such service stations abut a residential zone, they shall be screened by a buffer area no less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Board of Appeals, will be adequate to prevent the transmission of headlight glare across the boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery becomes decayed and falls to provide an adequate screen, the Code Enforcement Officer may direct the property owner to replace said shrubs.[2]
[2]
Editor's Note: Former § 904.1-9, requiring fuel pumps to be attendant-operated, which immediately followed this subsection, was repealed 4-9-1973.
§ 165-40 Cluster residential developments.
A.
Cluster residential developments of single-family dwellings may be permitted with a special use permit in any R District of the village, provided that the following conditions and requirements are observed:
(1)
The project shall encompass a minimum land area of 10 acres.
(2)
The lot area difference between the minimum lot size shown on Schedule A[1] and the minimum lot size permitted in a cluster development shall be set aside as open space, as provided for hereinafter.
[1]
Editor's Note: Said Schedule A is included at the end of this chapter.
(3)
The developer shall show all unsubdivided lands as permanent open space. In no case shall such lands be less than 25% of the total project area. All such lands shall be suitable, in the opinion of the Planning Board, for the intended use. Such lands shall be offered for dedication to the Board of Trustees of the Village of Akron.
(4)
The developer shall have received informal conditional approval of the Planning Board of the design and arrangements of streets, lots, open areas and other elements of the project prior to filling the special use permit application.
(5)
The requirements of this chapter, insofar as density, minimum lot area, minimum lot width, minimum side and rear yard areas and maximum lot coverage, are as specified in Schedule A of this chapter.[2] All other requirements of this chapter shall be adhered to.
[2]
Editor's Note: Said Schedule A is included at the end of this chapter.
§ 165-41 Manufactured home parks.
[Amended 4-24-1972; 8-13-1973;10-17-2022 by L.L. No. 3-2022]
A.
Intent. It is the purpose of this section to promote the health, safety, and general welfare of the inhabitants of the Village of Akron through the more efficient siting and regulation of manufactured housing and manufactured home parks.
B. CODE ENFORCEMENT OFFICER MANUFACTURED HOME PARK MOBILE HOME or MANUFACTURED HOME RECREATIONAL VEHICLES TRAILER TRAVEL TRAILER
Definitions. As used in this section, the following terms shall have the meanings indicated:
The person appointed by the Village Board to carry out the regulations of this section.
See "manufactured home park" (§ 82-4).
Manufactured housing built on a chassis bearing a seal issued by the Federal Department of Housing and Urban Development. A manufactured home shall be construed to remain a manufactured home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. All manufactured homes shall have a minimum of 1,000 square feet of interior floor area, with peaked roofs.
See "recreational vehicle" (§ 82-4).
See "mobile home" (§ 165-10).
See "recreational vehicle" (§ 82-4).
C.
Regulations.
(1)
No manufactured home shall be located within the Village except in a designated manufactured home park.
(2)
A manufactured home park cannot be established or created except upon a tract of land used or intended to be used for the parking of at least 50 manufactured homes, together with the necessary improvements and facilities upon the land. No lot or berth shall be rented or leased for residential uses of a manufactured home unless it meets the requirement of applicable local codes and ordinances and the state code for construction and installation of manufactured homes. In general, manufactured home parks shall:
(a)
Be located where orderly development of a manufactured home park can be undertaken in harmony with development of the surrounding area in terms of traffic generation, ease and safety of vehicular access to and circulation within the park, safety of pedestrian movement, location of structures, adequacy of off-street parking, placement and sizing of sewage treatment and water supply systems and other utilities, safety of fuel storage and supply, provision of open space, recreation facilities or areas, delivery of services and adequacy of landscaping and buffering.
(b)
Have generally level to gently rolling topography over an area of sufficient size to allow development of the manufactured home park without significant alterations or disturbance of existing substantial natural amenities or features such as stands of mature trees, stream courses, shorelines, wetlands, or bedrock outcroppings.
(c)
Be essentially free from adverse, unsafe, or unhealthful conditions, including, but not limited to, flooding, ponding, poor drainage, erosion, slumping or other soil instability, breeding areas for insects or rodents, smoke, noise, odors, heat, glare or toxic or volatile substances.
(d)
Be located in the R-3 Multifamily Residence District of the Village of Akron.
(3)
Existing manufactured home parks.
(a)
Existing manufactured home parks designed and constructed prior to adoption of the present standards shall be permitted to remain.
(b)
Any expansion to a manufactured home park must meet all current standards, as herein described, at the time of its expansion.
(c)
If existing areas of a manufactured home park are redesigned, or more than 15% of the mobile home sites are redesigned, the existing portion of the manufactured home park must be modified to meet current standards.
(d)
Section 165-41C(5)(c) and (6)(c) shall not apply to those manufactured housing parks/communities already in existence at the time of adoption of this section; however, such sections shall apply to an expansion of any such park/community, as stated in § 165-41C(3)(c).
(4)
Restrictions on occupancy. All manufactured homes shall meet the following requirements:
(a)
No manufactured home shall be allowed unless it bears a date plate and a manufacturer's label, affixed in the manufacturing facility, which certifies that it is in compliance with the Federal Department of Housing and Urban Development manufactured home construction and safety standards in force at the time of manufacture.
(b)
Every manufactured home shall be installed according to and in conformity with the New York State Uniform Fire Prevention and Building Code.
(5)
Park standards. The following standards shall be applicable in all manufactured home parks:
(a)
In the event individual street addresses are not assigned to each individual unit within the manufactured home park, each manufactured home park shall be divided (exclusive of internal roads, open space, or common areas) and marked off into mobile home sites, the number being conspicuously posted on each lot with such number to correspond to the lot shown on the site plan submitted.
(b)
Each manufactured home site shall satisfy the following requirements:
[1]
Minimum site size shall be 7,500 square feet. In special cases, where innovative park design provides clustering and allows for wide roads or a greater amount of usable recreation area or open space, exceptions may be granted. In no case, however, shall the site area be reduced below 5,000 square feet.
[2]
Minimum site width shall be 75 feet except where exceptions have been made as provided in Subsection C(5)(b)[1].
[3]
One of the lot lines must have minimum length of 100 feet; this may be either the depth or width of the site, depending upon the approved design and layout.
(c)
Setbacks and spacing.
[1]
All manufactured homes, including expansions, extensions, or other additions thereto, patios, porches or garages and all other structures in a manufactured home park, shall satisfy the following setback requirements. A detached structure accessory to and located on the same site with an individual manufactured home shall be considered part of the manufactured home for the purpose of spacing requirements.
[2]
When individual home site size reduction is employed to preserve open space within the park, the following setback requirements shall be met. All manufactured homes, including expansions, extensions, or other additions thereto, patios, porches or garages shall satisfy the following setback requirements:
[a]
Minimum of 100 feet from the center line of any public road.
[b]
Minimum of 30 feet from the center line of any internal roadway. A four-foot-wide landing area may extend into the required setback area, provided that the maximum square footage of such landing shall not exceed 24 square feet.
[c]
A minimum of twenty-five-foot spacing between adjacent manufactured homes. A four-foot-wide landing area may extend into the required setback area, provided that the maximum square footage of such landing shall not exceed 24 square feet.
[d]
Minimum of 10 feet from the rear lot lines.
[3]
No parking lot or storage facility for fuels, supplies or equipment shall be located within 50 feet of a property line in common with adjoining property external to the manufactured home park and abutting a public roadway.
[a]
A manufactured home park shall be surrounded by a landscaped greenbelt of at least 30 feet from each property line. The required greenbelt shall not be included in the yard requirements for the individual manufactured home lot berth.
(6)
Park design requirements.
(a)
Access. Each manufactured home park shall provide for safe, legal means of access from one or more public roads as follows:
[1]
Access roads shall meet the public roads at right angles and at compatible grades.
[2]
Entrances shall be located directly opposite or at least 200 feet from the nearest intersection of public roads, if any, and at least 150 feet from any other entrances to the manufactured home park, if any.
[3]
Entrances shall have sufficient width to allow reasonable turning movements of vehicles with manufactured homes attached and of service or delivery vehicles.
[4]
Entrances shall be located to allow safe line-of-sight distances to and from their points of intersection with public roads.
[5]
At least two independent entrances and access roads shall be required to serve all manufactured home parks, per the New York State Fire Code.
[6]
Access roads connecting manufactured home park interior roads to public roads shall be Village road standards as approved by the Code Enforcement Officer.
(b)
Internal roads.
[1]
Internal roads shall be privately owned and maintained and shall provide for the safe and convenient movement of vehicles, with or without manufactured homes attached.
[2]
All manufactured home sites shall face on and be serviced by such internal roads.
[3]
All roads shall be paved and shall be designed, graded and leveled as to permit the safe passage of emergency and other vehicles at a speed of 10 miles per hour.
[4]
Straight, uniform gridiron road patterns should be avoided. Manufactured home clustering, landscaping, and an open space system is recommended where feasible.
[5]
A turnaround or cul-de-sac shall be provided in lieu of closed-end roads with a turnaround having an outside roadway character of at least 90 feet, per the New York State Fire Code.
[6]
All internal roads shall have a minimum thirty-foot right-of-way, 24 feet of which must be paved.
(c)
Parking.
[1]
Each manufactured home shall be provided with at least two off-street parking spaces adjacent to the manufactured home.
[2]
At least one additional off-street parking space for each three manufactured homes in the manufactured home park shall be provided to accommodate guest parking, service, or delivery vehicles. Such spaces shall be in centrally located parking areas without interfering with the traffic circulation of internal roads.
[3]
Each parking space shall measure at least nine feet by 20 feet.
[4]
Parking spaces or areas shall have at least four inches of pavement over eight inches of crushed stone base.
(d)
Recreational areas and open space. Easily accessible and usable open spaces shall be provided in all manufactured home parks. Such open space shall have a total area equal to at least 15% of the gross land area of the park and shall be fully maintained by the park owner. Part or all of such space shall be in the form of developed recreation areas to be usable for active recreation purposes.
(e)
Walkways. Manufactured housing parks shall have pedestrian connectivity integrating the site with its surrounding environment. Where appropriate, sidewalks or recreational trails shall be created, extended, and connected to existing or planned off-site sidewalks or trails. A four-foot-wide hard-surfaced pedestrian walkway may be provided along and at least five feet from each access road between the entrance to the public highway and either:
(f)
Water supply. An adequate supply of water shall be provided for all manufactured homes and service buildings. Where public water is available, connection shall be used exclusively, unless local authorities deem otherwise. If a public water system is not available, the development of a private water supply system shall be approved by the Erie County Health Department. Fire hydrants shall be located at least within 500 feet of all manufactured homes, service buildings or accessory structures.
(g)
Sewage. Manufactured housing parks will only be allowed on properties with public sewer access as approved by the Village Board.
(h)
Garbage and refuse. Garbage and refuse must be properly disposed of in a timely manner. It shall be the responsibility of the park owner to ensure that garbage and rubbish shall be collected and properly disposed of outside of the manufactured home park. Exterior property areas shall be maintained free from organic and inorganic material that might become a health, accident, or fire hazard.
(i)
Fuel supply and storage.
[1]
In general, all fuel oil systems, if permitted by the Village Board, provided for mobile homes, service buildings and other structures shall be installed and maintained in conformity with the rules and regulations of the authority having jurisdiction.
[2]
Specific requirements:
[a]
Natural gas.
[i]
Natural gas piping systems installed in manufactured home parks shall be maintained in conformity with accepted engineering practices.
[ii]
Each manufactured home lot provided with piped natural gas shall have an approved shutoff valve and cap to prevent accidental discharge of gas.
[iii]
Gas piping systems shall be installed and maintained in accordance with the local gas supply companies' specifications and regulations.
[b]
Liquefied gas.
[i]
Such systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
[ii]
Systems shall have at least one accessible means for shutting off gas. This means it shall be located outside of the individual manufactured homes.
[iii]
All liquid propane gas piping shall be well supported and protected against mechanical injury.
[iv]
Storage tanks shall not be less than 100 pounds and must be located at the rear of manufactured homes and no closer than five feet from any exit.
[v]
It is recommended that a central underground gas storage system be furnished.
(j)
Electrical service.
[1]
Every manufactured home park shall contain an electrical wiring system consisting of wiring, fixtures, equipment, and appurtenances which shall be installed and maintained in accordance with local electrical power companies' specifications and regulations. All wiring fixtures must have the New York Board of Fire Underwriters' approval or other authority as designated by the Village.
[2]
Each manufactured home stand shall be supplied with not less than 100 ampere service or shall be compliant with current HUD requirements.
[3]
Adequate lights shall be provided to illuminate streets, driveways and walkways for safe movement of vehicles and pedestrians at night. A minimum lighting level of 0.3 footcandle shall be provided.
[4]
All electrical distribution lines shall be placed underground.
(k)
Telephone service. When telephone service is provided to manufactured home sites, the distribution system shall be placed underground.
(l)
Park office and storage facilities. The owner or manager of a park shall maintain office and storage facilities in the immediate vicinity of the park.
(m)
Storage facilities. Each manufactured home park may provide a maximum 120-square-foot storage shed per housing site. Such facilities shall be located so as to meet a five-foot setback from side and ten-foot setback from rear site property lines on individual housing sites.
(n)
Service buildings.
[1]
Shall provide bathroom facilities in accordance with new state building codes based on size and occupancy of the service building.
[2]
All service buildings and grounds of the manufactured home park shall be well lighted and maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.
(o)
Soil and ground cover requirement. Exposed ground surfaces in all parts of every manufactured home park shall be paved or covered with stone screenings or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
D.
Permit required; application.
(1)
It shall be unlawful for any person to construct, alter or extend any manufactured home park unless he holds a valid permit issued by the Village Board in the name of the person for which the specific construction, alteration or extension is proposed. This subsection does not apply to the replacement of manufactured homes in a manufactured home park already in existence at the time of adoption of this section.
(2)
All applications for permits shall be made to the Village Board and shall contain the following:
(a)
The name and address of the applicant.
(b)
Interest of the applicant in the manufactured home park.
(c)
The location and legal description of the manufactured home park, including a map showing the physical characteristics of the property (i.e., topography, vegetation and wetlands).
(d)
Complete plans and specifications of the proposed park showing:
[1]
The area and dimensions of the tract of land.
[2]
The number, location, and size of all manufactured home lots.
[3]
The locations and size of service buildings and other proposed structures.
[4]
The location and width of roadways and walkways.
[5]
The location and size of water and sewer lines and riser pipes.
[6]
Plans and specifications for all buildings constructed within the manufactured home park.
[7]
Plans and specifications of the water supply, refuse disposal and sewer disposal facilities.
[8]
Proposed lighting and electrical systems.
[9]
The phasing of the development, if any.
[10]
Any and all information as may be required by the Village Board, Planning Board and Engineer.
(3)
All applications shall be accompanied by a fee as set by the Village Board. The Village Board, upon review by the Planning Board and Village Engineer, whose fee shall be paid by the developer, shall approve, approve with modifications, or disapprove such application and shall report its reasoned decision to the applicant. When, upon review of the application, the Village Board and Code Enforcement Officer are satisfied that the proposed plan meets the requirements of this section, a permit shall be issued.
(4)
Public improvements. No improvements shall be installed or constructed until a public improvement permit therefor has been obtained per Chapter 119, Public Improvement Permits, of the Code of the Village of Akron.
(5)
Stop-work order. A stop-work order may be issued by the Code Enforcement Officer requiring that all construction stop immediately if construction of improvements is not as approved in the permit process.
E.
Licensed required; fees. Any person, partnership, association, or corporation being the owner or occupant of any land within the Village of Akron shall not use or allow the use of such land for a manufactured home park unless a license has been obtained as therein provided.
(1)
Issuance of license. The Village Clerk of the Village of Akron shall issue a license to be effective from the day of issuance to and including December 31 of that same year. This license will be issued upon approval of the Village Board only after receipt of the following items:
(a)
A written application, verified by the applicant, identifying the owner(s) of the manufactured home park and a contact person.
(b)
Approval of the Erie County Health Department of the manufactured home park operation.
(c)
The required fee as established by the Village Board.
(d)
Approval by the Code Enforcement Officer and/or Village Planning and Zoning Officer.
(2)
Original license. In addition to the above requirements, applications for original licenses shall contain the location and legal description of the manufactured home park and a site plan showing all manufactured home lots, structures, roads, walkways, and other service facilities per § 165-41D of this chapter.
(3)
License renewal. An application for the renewal of any manufactured home park license issued in accordance with the provisions of this section must be filed with the Village Clerk on or before December 1 preceding the expiration of the license.
(4)
Revocation of license.
(a)
Whenever the Code Enforcement Officer finds a violation of any provision of this section, a written notice shall be issued with a copy presented to the Village Board. Such notice shall state the violation and specify a time period within which corrections must be made. Procedures as described in § 165-41H shall be followed for all suspected violations.
(b)
Any manufactured home park operator found guilty of a violation at the manufactured home park may have his/her operating license revoked with the approval of the Village Board.
(5)
Relicensing. If the owner or operator of a manufactured home park whose license has been revoked under § 165-41E(4) shall thereafter correct such conditions and bring the manufactured home park into compliance with this section, such owner may then apply for the issuance of a new license under § 165-41-E(1) of this chapter. If the application is approved by the Village Board and a license granted, the applicant shall pay to the Village Clerk the required fee without any credit for the fee paid for the license which was revoked.
F.
Inspection of manufactured home park. The Code Enforcement Officer shall make any inspections that are necessary to determine satisfactory compliance with this section and regulations issued thereunder and any other applicable laws. The Code Enforcement Officer shall have authority to inspect the register containing a record of all residents of the manufactured home park.
G.
Responsibilities of park management and occupants; occupancy restrictions.
(1)
Responsibilities of park management.
(a)
The manufactured home park licensee shall operate the park in compliance with this section and regulations issued hereunder and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
[1]
Any applicable state laws must be adhered to and uniformly applied concerning management and operation of the manufactured home park.
[2]
All service and outbuildings shall be maintained so as to meet applicable building codes as well as maintained in good repair and in a clean and sanitary condition.
[3]
All abandoned homes shall be secured in a manner acceptable to the Code Enforcement Officer or removed from the site.
(b)
It shall be the licensee's responsibility to notify park occupants of all applicable provisions of this section and inform them of their duties and responsibilities under this section and regulations issued hereunder.
(c)
The licensee shall supervise the placement of each manufactured home on its manufactured home stand which includes installing all utility connections.
(2)
Responsibilities of park occupancy.
(a)
The park occupant shall comply with all applicable requirements of this section and regulations issued hereunder and shall maintain his/her manufactured home lot, its facilities and equipment in good repair and in a clean sanitary condition.
(b)
The park occupant shall be responsible for proper placement of his/her manufactured home on its stand and proper installation of all utility connections in accordance with the instructions of the park management.
(3)
Restrictions on occupancy. A manufactured home shall not be occupied for dwelling purposes unless it is properly placed on a manufactured home support system and connected to water, sewage and electrical facilities and received a certificate of occupancy from the Code Enforcement Officer for each new connection.
H.
Violation remedy procedures; penalties for offenses.
(1)
Violation remedy procedures.
(a)
Initiating a complaint. Whenever a violation of this section occurs, the Code Enforcement Officer, a Village Officer or an aggrieved citizen may initiate a complaint.
(b)
Recording the complaint. The Code Enforcement Officer shall proceed to properly record, file and investigate the complaint.
(c)
The Code Enforcement Officer shall obtain a verbal promise by the violator to correct the violation within a specific time period.
(d)
Notice of violation. If the violation persists, the violator shall be notified by certified mail as to the manner in which he/she is in violation. The violator will have 10 days from the mailing date to rectify the violation or remedy the situation.
(e)
Filing/service of appearance ticket. If the violation persists, an appearance ticket shall be served to appear in local court.
(2)
Assessment of costs and expenses. The Village shall assess all costs and expenses incurred by it in connection with securing or repairing any unsafe conditions, which were reported and notremedied, against the violator.
(3)
Penalties, any person, firm, partnership, or corporation convicted of a violation of this section shall be subject to a fine not exceeding $250 for each day of said violation, if continuous.
§ 165-42 Parking requirements.
A.
Requirements by usage: In all districts, every industrial, business, institutional, recreational, residential or any other use shall provide at the time any building or structure is erected, enlarged or increased in capacity, off-street parking and loading spaces for motor vehicles in accordance with the requirements of this and other applicable sections of this chapter.
B.
Size and location requirements of off-street parking spaces.
(1)
The size of off-street parking spaces shall be 10 feet wide by 20 feet long for all side-by-side parking or eight feet wide by 23 feet long for all parallel parking.
(2)
Off-street parking facilities shall be located as hereinafter specified; where distance is specified, such distance shall be measured from the nearest point of the parking facility to the nearest point of the building or use such facility is required to serve. Off-street parking spaces shall be allowed in required yards except where specifically prohibited by this chapter.
(a)
Multiunit dwellings: not more than 200 feet from the building they are required to serve.
(b)
For hospitals, sanitariums, convalescent, nursing and rest homes, homes for the aged, retirement homes, private clubs, lodges and offices: not more than 100 feet from the building they are required to serve.
(c)
For uses other than those specified above: not more than 300 feet from the building they are intended to serve.
(3)
In stadiums, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities: each 20 inches of such seating facilities shall be counted as one seat.
(4)
Whenever there is a change in use, or an increase in floor area, or other unit of measurement, and such change and such increase creates a need for an increase of more than 10% in the number of required off-street parking spaces, as determined by the requirements in this section, additional off-street parking spaces shall be provided in accordance with this section for that addition or change in use.
C.
Required number of parking facilities.
(1)
The number of off-street parking facilities required shall be as follows:
Use | Parking Requirement |
|---|---|
Auditorium | 1 for each 5 seats |
Automobiles or machines sales and service | 1 for each 300 square feet of floor area |
Banks, business and professional offices | 1 for each 200 square feet of floor area |
Bowling alleys | 5 for each alley, plus the necessary space as set forth in this section for affiliated uses such as bars, restaurants or other commercial uses |
Churches | 1 for each 5 seats in places of worship |
Dance halls and assembly halls without fixed seats; exhibition halls, except church assembly rooms in conjunction with auditorium | 1 for each 100 square feet of floor area used for assembly or dancing |
Dwellings | 2 for each family or dwelling unit |
Funeral home, mortuaries | 6 for each reposing room or parlor |
Hospitals | 1 for each 3 beds |
Rooming houses, lodging houses | 1 for each 2 bedrooms |
Libraries, museums or galleries | 1 for each 600 square feet of floor space |
Manufacturing plants, research or testing laboratories, bottling plants | 1 for each 300 square feet of floor area |
Medical and dental clinics or offices | 1 for each 200 square feet of floor area |
Motels and hotels | 1 for each living or sleeping unit |
Restaurants, cafe and night clubs | 1 for each 200 square feet of floor area |
Retail stores, shops, etc. | 1 for each 200 square feet of floor area |
Sanitariums, convalescent homes, homes for the aged, children's homes | 1 for each 3 beds |
Theaters, assembly halls, other than schools | 1 for each 5 seats |
Wholesale establishments or warehouses | 1 for each 3,000 square feet of floor area |
(2)
In the case of a use not specifically mentioned above, the requirements for off-street parking facilities to which said use is similar shall be as set forth by the Code Enforcement Officer.
D.
Off-street parking facilities shall adhere to the following:
(1)
Off-street parking space shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways (except where provided in connection with one-family residences) shall be surfaced with a dustless, durable, all-weather pavement, clearly marked for car spaces and shall be adequately drained, all subject to the approval of the Code Enforcement Officer.
(2)
None of the off-street parking facilities as required in the chapter shall be required for any existing building or use, unless said building or use shall be enlarged.
(3)
The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further, provided, that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.
(4)
All parking areas and appurtenant passageways and driveways serving commercial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.
(5)
Access drives or walkways to any B or I District through any R District shall not be permitted.
(6)
Off-street parking areas located in commercial zones and which provide parking for 20 or more vehicles shall be provided with shade trees of a type approved by the Code Enforcement Officer and located not greater than 60 feet on center.
§ 165-43 Signs and outdoor advertising.
A.
General provisions. The provisions of this section shall govern outdoor signs and display structures with respect to location, size and maintenance.
(1)
No sign shall be erected or structurally altered except in conformance with this chapter.
(2)
No sign shall project closer than two feet to any curb face or traffic lane and shall be maintained with at least 10 feet of unobstructed area between the sidewalk and any part of the sign or its supports.
(3)
No sign shall be erected whereby creating a traffic hazard due to its location.
(4)
Any sign which projects over any public right-of-way shall be insured against mishap to the satisfaction of the Village Board by surety bond, cash bond, insurance or other such financial guarantee acceptable to the Village Board.
(5)
No person shall erect or maintain a sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exitway.
(6)
No sign shall in any way have the characteristic or shape of any traffic control device or highway sign.
(7)
No sign shall be permitted which is painted directly on the side or wall of any building.
(8)
No sign shall be permitted which flashes.
(9)
No sign shall be erected without a building permit.
(10)
No sign illumination shall be permitted with direct lighting which shines on any other property or is visible from any right-of-way.
(11)
Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be located.
(12)
Christmas displays are exempt from these regulations, except that such display shall be erected in such a manner that it remains affixed for the duration of the season.
(13)
Other signs exempted are:
(a)
Legal notices.
(b)
House numbers.
(c)
Traffic control signs and devices.
(d)
Such temporary signs, not exceeding 30 days duration, as may be granted by the Board of Appeals. Only those signs advertising on-site products or uses shall be permitted. Billboards displaying any product or use not located on the same premises are hereby prohibited.
B.
Signs for nonconforming uses.
(1)
Directional or name signs or signs pertaining to or advertising products sold on the premises of a nonconforming building or use may be continued only when the nonconforming use is permitted to continue, and any such signs shall not be expanded in area, height, number of illumination.
(2)
New signs for a nonconforming use in an R District shall be permitted not exceeding 30 square feet of exterior surface and may be erected only after all other signs are removed.
C.
The following signs are permitted in each use district:
(1)
R-1 and R-2 Residence District:
(a)
An unlighted sign of not over one square foot in area for home occupations and professional identification.
(b)
One sign, which may be illuminated for permitted funeral homes, located on the building and not exceeding nine square feet in area.
(c)
One illuminated bulletin board or identification sign not exceeding 40 square feet for any school, hospital or any public or semipublic uses.
(d)
One unlighted real estate sign advertising the sale, rental or construction on only the premises on which it is maintained, not exceeding a total area of 12 square feet. Such sign shall be removed upon completion of the project or within 90 days, whichever occurs first.
(e)
One temporary unlighted sign not exceeding 100 square feet in area in a real estate development containing 25 or more dwelling units. Such sign shall be removed within three years of the date of its construction.
(3)
CBD Central Business District and B-1 Local Business District: any sign not prohibited elsewhere in this chapter limited to no more than 100 square feet of area on either of two faces. The maximum height shall be 30 feet from ground level.
(4)
I-1 and I-2 Industrial Districts: four hundred square feet for each use or any one industry in a building covering more than 55,000 square feet of land area in an I-1 or I-2 District shall be permitted oversize sign area, calculated at 2% of the floor area over 40,000 square feet, but in no case shall any sign in either an I-1 or I-2 District be larger than 1,000 square feet. The maximum height shall be 30 feet from ground level.
§ 165-44 Repealer.
The following ordinances are hereby repealed: all sections of Chapter XI of the Village Ordinances except for §§ 1, 5, 15, 16, 17, 19, 20, 21, 22, 23, 25, 28 and 30 of said chapter of said ordinances.[1]