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Clinton City Zoning Code

ZONING DISTRICTS

AND PRINCIPAL USE REGULATIONS

§ 152.085 PURPOSE STATEMENTS FOR ZONING DISTRICTS.

   The following are the purpose statements for each of the zoning districts established in this subchapter.
   (A)   CD Conservation District. The purpose of the CD Conservation District is to:
      (1)   Preserve and protect the values of distinctive geologic, topographic, botanic, historic or scenic area;
      (2)   Protect the ecological balance of an area;
      (3)   Conserve natural resources, such as river valley and tracts of forest land; and
      (4)   Reduce the problems created by intensive development of areas having excessively high water tables, or which are subject to flooding, or which are topographically unsuited for urban type uses.
   (B)   R-1 Rural Residential District. The purpose of the R-1 Rural Residential District is to accommodate residential development in areas which cannot be reasonably serviced by central water and/or sanitary sewer facilities and where the underground water supply or the soil conditions for septic tanks are inadequate to accommodate a higher density.
   (C)   R-2 Residential District. The purpose of the R-2 Residential District is to accommodate single-family and two-family residential dwellings in areas that may reasonably be expected to be provided with central sewer and water facilities. The stipulated densities are intended to maintain the suburban character of the community.
   (D)   R-3 High Density Residential District. The purpose of the R-3 High Density Residential District is to encourage apartment development of densities of up to ten dwelling units per acre. The regulations are intended to restrict the overcrowding of land and to encourage the provision of amenities of urban living in areas offering unique regional transportation, recreational and/or scenic advantages, and in areas where centralized water and sewerage facilities exist or can be provided as projects are developed. Manufactured, modular and mobile homes, and mobile home parks or subdivisions are not included within the definition of apartment developments and are not permitted within any village district absent Planning Commission’s approval as provided for in § 152.087(DD).
   (E)   B-1 Downtown Canal District. The purpose of the B-1 District is to promote the mixed use development of the downtown canal area. The regulations are intended to promote the mixed use by permitting residential, office, retail, public uses, personal services or entertainment uses, designed, planned and constructed as a unit. These developments will maintain the essential historical character of the District.
   (F)   B-2 Warwick Business District. The purpose of the B-2 Warwick Business District is to provide for mixed use development which principally accommodates an urban feel, but at a lesser intensity. The regulations are set forth to provide the mixed use development, at a lesser intensity, so to encourage the desired character of the District.
   (G)   I-1 Industrial District. The purpose of the I-1 Industrial District is to provide for and accommodate industrial uses in the fields of repair, storage, manufacturing, processing, wholesaling and distribution, free from the encroachment of residential, retail and institutional uses. The uses allowed are those which because of their normally unobjectionable characteristics, can be in relatively close proximity to residential and business districts.
(Prior Code, § 1121.01) (Ord. O-18-20, passed 11-20-2018; Ord. O-23-12, passed 4-18-2023)

§ 152.086 PRINCIPALLY PERMITTED USES AND ACTIVITIES.

   (A)   General use regulations.
      (1)   Number of principal buildings.
         (a)   Unless otherwise specifically stated, only one principal building or use shall be permitted on any lot.
         (b)   Multiple principal buildings may be permitted in commercial and industrial zoning districts if the lot is sufficient in size to conform to all the use, area, height, parking and other requirements of this subchapter. Multiple principal uses may also be permitted within a single principal building within business districts.
      (2)   Required frontage.
         (a)   Every principal building and/or use shall be located on a lot that meets the minimum lot widths along a public or private street, built to the appropriate public street standards and specifications contained in the county subdivision regulations.
         (b)   Issuance of a village zoning certificate authorizing the construction of a principal building or use shall be done only if the proposed building site or use is located on an existing street as specified above or on a proposed public street contained on a recorded dedicated plat for which financial guarantees for construction and maintenance have been accepted by the Village Engineer.
         (c)   Evidence of such financial guarantees and recorded plat shall be submitted to the Zoning Inspector prior to the issuance of said zoning certificate.
      (3)   Enclosed building.
         (a)   Unless specifically stated in the use name, all principal uses shall be required to take place in a fully enclosed building.
         (b)   Except as provided in §§ 152.115 through 152.150.
      (4)   Prohibited activities.
         (a)   No activities shall be permitted or authorized to be established which, when conducted in compliance with the provisions of this subchapter, are or may become hazardous, noxious or offensive due to the emission of odor, light, dust, smoke, cinders, gas, fumes, noise, vibrations, electrical interference, refuse matters or water-carried wastes including, but not limited to, outdoor fire boilers.
         (b)   Any action to abate a nuisance shall be administered by the Village Council or Zoning Inspector in accordance with applicable laws.
   (B)   Operations for which effects on adjacent premises are not readily known. In the interests of the community, the Zoning Inspector shall, in regard to a use whose effects on adjacent premises are not readily known, refrain from issuing a zoning certificate and shall refer the request to the Planning Commission for an interpretation of whether or not the use is a permitted use under the requirements of this section. The Planning Commission may seek expert advice on what conditions should be imposed on the particular industrial operation to reasonably modify any injurious or offensive effects likely to result from such an operation. The cost of securing such expert assistance shall be borne by the applicant.
   (C)   Permitted use table summary. The permitted use table sets forth below the uses allowed within the zoning districts.
      (1)   Permitted uses.
         (a)   A “P” in a cell indicates that a use is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this chapter.
         (b)   Permitted uses are approved by the Zoning Inspector through the zoning certificate procedure.
      (2)   Conditional uses.
         (a)   A “C” in a cell indicates that a use may be permitted if approved through the conditional use review (see § 152.055). Conditional uses may be subject to use specific standards as identified in the last column of the permitted uses table. Conditional uses are subject to all other applicable regulations of this chapter.
         (b)   The existence of additional use specific standards in this subchapter shall not be implied to be the only standards the use is required to meet. All uses that are permitted as a conditional use shall be subject to the general review standards for conditional uses in § 152.055.
      (3)   Permitted uses with standards.
         (a)   A “PS” in a cell indicates that a use category is allowed by right in the respective zoning district if it meets the additional standards set forth in the numerically referenced sections. Permitted uses with standards are subject to all other applicable regulations of this subchapter.
         (b)   Uses permitted with standards under this category are approved by the Zoning Inspector through the zoning certificate procedure (see § 152.055).
      (4)   Prohibited uses. A blank and/or shaded cell indicates that a use is prohibited in the respective zoning district.
      (5)   Numerical references. The numbers contained in the “use specific standards” column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the “use specific standards” column apply in all zoning districts unless otherwise expressly stated.
      (6)   Unlisted uses. If an application is submitted for a use that the Zoning Inspector determines is not defined or established in the permitted use table, the applicant may choose to take one of the following actions.
         (a)   The applicant may appeal the determination of the Zoning Inspector to the BZA pursuant to § 152.057.
         (b)   The applicant may submit an application for a zoning text amendment to include the proposed use and applicable standards pursuant § 152.054.
         (c)   The applicant may present their case to the Planning Commission and/or Village Council to request that the village initiate a text amendment to address the proposed use and applicable standards.
      (7)   Riparian setback development. The requirements for the riparian setback (see §§ 152.190 through 152.198), when applicable, may alter how a use may be permitted or reviewed, or may prohibit a use that is otherwise permitted in the applicable zoning district.
   (D)   Permitted use table.
Permitted Use Table
Zoning Districts
Permitted Uses
P   =   Permitted use
PS   =   Permitted with additional use specific standards
C   =   Conditional use
Blank Cell   =   Prohibited
CD
R-1
R-2
R-3
B-1
B-2
I-1
Use Specific Standards, See §
Permitted Use Table
Zoning Districts
Permitted Uses
P   =   Permitted use
PS   =   Permitted with additional use specific standards
C   =   Conditional use
Blank Cell   =   Prohibited
CD
R-1
R-2
R-3
B-1
B-2
I-1
Use Specific Standards, See §
Agricultural uses
 
 
 
 
 
 
 
 
   Agricultural uses
P
PS
PS
 
 
 
 
Commercial and offices uses
 
 
 
 
 
 
 
 
   Banks, drive-in banking facilities and financial institutions
 
 
 
 
C
PS
 
 
   Bed and breakfast establishments
C
C
C
C
C
C
 
   Car wash
 
 
 
 
 
C
 
   Child day care centers
C
C
C
 
P
P
 
   Commercial entertainment or recreation uses (indoors)
 
 
 
 
C
C
 
   Deli, meat market and dairy store
 
 
 
 
C
P
 
 
   Drive-in refreshment stand
 
 
 
 
C
C
 
   Gasoline stations (fueling only)
 
 
 
 
 
C
 
   General offices (administrative, professional or business)
 
 
 
 
P
P
 
 
   Hotels
 
 
 
 
C
C
 
   Medical and dental offices
 
 
 
 
C
P
 
 
   Mini-storage facility
 
 
 
 
 
P
 
 
   Mixed use buildings
 
 
 
 
C
C
 
   Personal service establishments
 
 
 
 
C
P
 
 
   Private recreational uses (outdoors)
 
 
 
 
 
C
 
   Restaurants and taverns
 
 
 
 
P
P
 
   Retail
 
 
 
 
C
P
 
   Sexually oriented businesses
 
 
 
 
 
 
 
   Strip or open pit mining, soil removal or extracting operations
C
 
 
 
 
 
C
   Veterinarian offices (no boarding)
 
 
 
 
 
 
PS
Industrial uses
 
 
 
 
 
 
 
 
   Blacksmith, welding or other metal working shops including machine shop operations of tool, die and gauge types
 
 
 
 
 
 
PS
   Building materials, sales yard and lumber yard, contractor’s equipment storage yard, or storage of rental equipment
 
 
 
 
 
 
PS
   Carpenter, cabinet, upholstering, sheet metal, plumbing, heating, roofing, air conditioning, painting and other similar establishments
 
 
 
 
 
 
PS
   Foundry, casting, lightweight non-ferrous metals
 
 
 
 
 
 
PS
   Fuel, food and goods distribution station, warehouse and storage
 
 
 
 
 
 
PS
   Machinery, equipment and automobile repair
 
 
 
 
 
 
PS
   Manufacturing, processing, cleaning, servicing or laboratory facilities
 
 
 
 
 
 
PS
   Motor, freight garage, truck or transfer terminal, office, warehousing and storage
 
 
 
 
 
 
PS
   Oil, gas or brine wells, drilling and operations necessary for their extraction, storage and skimming
 
 
 
 
 
 
C
   Plant greenhouse
 
 
 
 
 
 
P
 
   Warehousing and wholesale establishments
 
 
 
 
 
 
P
 
Public and institutional uses
 
 
 
 
 
 
 
 
   Airports, airfields and landing strips
C
C
 
 
 
 
 
   Cemeteries
C
C
C
 
C
 
 
   Churches and places of worship
C
C
C
C
C
C
 
   Educational institutions (public or private)
 
C
C
C
C
 
 
   Government offices and buildings
C
C
C
 
C
C
C
   Governmental utilities
P
P
P
P
C
P
P
 
   Institutions for higher education
 
 
C
C
C
 
 
   Institutions for human medical care
 
 
C
C
C
 
 
   Parks, playgrounds, golf courses (except miniature), swimming facilities, tennis clubs, country clubs, riding academies and other similar uses
C
C
C
C
C
 
 
   Quasi-public, fraternal or service facilities
 
 
C
C
C
 
 
   Recreational areas and campgrounds
C
C
 
 
 
 
 
   Wildlife refuge and game preserve
P
 
 
 
 
 
 
 
Residential uses
 
 
 
 
 
 
 
 
   Manufactured homes
 
C
C
C
 
 
 
   Mobile homes
 
 
 
 
 
 
 
   Mobile, manufactured or modular home parks and subdivisions
 
 
 
 
 
 
 
   Modular homes
 
C
C
C
 
 
 
   Multi-family dwellings of the townhouse, rowhouse, garden apartment or multi-story type
 
 
 
C
C
C
 
   Single-family dwellings; on lots of record
P
P
P
P
P
P
 
 
   Two-family residential dwellings
 
 
P
P
P
P
 
 
 
(Prior Code, § 1121.02) (Ord. O-18-20, passed 11-20-2018; Ord. O-23-12, passed 4-18-2023) Penalty, see § 152.999

§ 152.087 USE SPECIFIC STANDARDS.

   (A)   Agricultural uses.
      (1)   The following standard applies to all districts: gardens are permitted on any lot by-right.
      (2)   The following standards apply to agricultural uses in the R-1 District.
         (a)   All buildings and structures, except fencing, used to house farm animals should be located no less than 75 feet from all lot lines.
         (b)   Fencing utilized to corral or pen livestock shall be set back no less than 20 feet from all lot lines.
         (c)   Livestock or poultry raising or breeding for commercial purposes shall only be permitted on lots of five acres or more. For this section, the selling of eggs produced on premises shall not be considered a commercial purpose.
   (B)   Multi-family dwellings of the townhouse, rowhouse, garden apartment or multi-story type. The following standards apply to multi-family dwellings of the townhouse, rowhouse, garden apartment or multi-story type when reviewed as a conditional use.
      (1)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (2)   Such uses shall not require uneconomical extensions of utility services at the expense of the community.
      (3)   Such uses should be properly landscaped to be harmonious with surrounding residential uses.
      (4)   Special provisions for group dwellings:
         (a)   Group dwelling shall be considered as one building for the purpose of determining front, side and rear yard requirements, the entire group as a unit requiring one front and rear and two side yards as specified for dwellings in the appropriate district;
         (b)   Each two or two and one-half story group dwelling development shall have a minimum court of 40 feet in width and 40 feet in length, in addition to its required yards, and each one story group dwelling development shall have a minimum court of 30 feet in width and 30 feet in length, in addition to its required yards;
         (c)   In a group dwelling development, no two separate dwelling structures shall be closer to each other along the sides or end of a court than 15 feet;
         (d)   The court shall be unoccupied by any building or other structures, except fire hydrants, utility poles or other street improvements;
         (e)   The court shall have an unobstructed opening, not less than 30 feet wide, onto the front yard of a lot which has a width not less than that required in the district in which it is located; and
         (f)   All dwelling structures of the group except those facing a public street shall face upon the court.
      (5)   The proposed project shall conform to all requirements and/or conditions as the Planning Commission may deem necessary to meet the following criteria.
         (a)   Vehicular approach to the property shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
         (b)   Maximum possible privacy for each apartment shall be provided through good design and use of proper building materials and landscaping. Visual privacy should be provided through structural screening and landscaping treatment. Auditory privacy should be provided through soundproofing.
         (c)   The architectural design of apartment buildings should be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, line and pattern, and character.
         (d)   Building location and placement should be developed with consideration given to minimizing removal of trees and change of topography.
         (e)   Television antenna and satellite dishes shall be centralized.
         (f)   On-site circulation shall be designed to make possible adequate fire and police protection.
         (g)   In large parking areas, visual relief shall be provided through the use of tree planted and landscaped dividers, islands and walkways. No parking or service areas shall be permitted between any street and the main building.
         (h)   Paved off-street parking and service areas shall be required; parking spaces shall contain at least 200 square feet and shall be provided at the rate of two spaces per dwelling unit in each apartment building; all parking and service areas shall be paved with concrete, asphalt or equivalent, and shall be located no closer than 20 feet from any residential structure. Paved vehicle access drives of at least ten vehicles or less capacity, and two-way drives of 20 feet paving width minimum shall be required for parking areas of 11 or more vehicle capacity.
         (i)   The property must be served by centralized sewer approved by the State and County Health Department and operated and maintained according to the inspection and rules of the County Health Department and County Sanitary Engineer’s regulations.
      (6)   (a)   No zoning certificate shall be issued until final site plans have been submitted and approved by the Planning Commission. Said site plans shall show the following: drainage (including stormwater), location of all buildings, fuel tanks (if any), off-street parking and service facilities, water supply, sanitation, walks, fences, walls, landscaping, outside lighting, traffic flow and its relation to abutting streets.
         (b)   No zoning certificate shall be issued until the approval by the State and County Health Departments has been obtained concerning the proposed sanitary sewage facilities.
      (7)   The design and construction of all access drives, access points to public streets, and parking and service areas shall be approved by the Planning Commission.
      (8)   A performance bond or other financial acceptable to the Planning Commission shall be placed with the Commission to ensure that the landscaping be installed, that the hard surfacing of the access drives and parking and service areas be installed, and that adequate stormwater drainage be installed, all in accordance with the Planning Commission’s approved plans.
   (C)   Airports, airfields and landing strips.
      (1)   All structures and activity areas should be located at least 100 feet from all property lines.
      (2)   There shall be no more than one advertisement oriented to each abutting road identifying the activity.
      (3)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (4)   Such uses should be located on a major thoroughfare, adjacent to non-residential uses such as commerce, industry or recreation, or adjacent to sparsely settled residential uses.
   (D)   Cemeteries. The following standards shall apply to cemeteries.
      (1)   All points of entrance or exit would be located no closer than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
      (2)   Such developments should be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
      (3)   The area proposed for a cemetery shall be used for cemetery purposes only, and shall meet the following requirements:
         (a)   Only Memorial Park cemeteries having grave markers flush with the surface of the ground shall be permitted. The term marker to refer to name of deceased;
         (b)   Except for office uses incidental to cemetery operations, no business or commercial uses of any kind shall be permitted on the cemetery site;
         (c)   Minimum area required for a cemetery site to be 40 acres;
         (d)   A building of brick and/or stone, solid and/or veneered, shall be provided if storage of maintenance equipment and/or materials is to be necessary;
         (e)   Pavement width of driveways shall be at least 20 feet (ten feet per moving lane);
         (f)   Drives shall be of useable shape, improved with bituminous, concrete or equivalent surfacing and so graded and drained as to dispose of all surface water accumulation within area;
         (g)   Pavement is to be installed as development progresses and as indicated on the final plans approved by the Planning Commission;
         (h)   Sufficient parking space shall be provided as to not deter traffic flow within the cemetery;
         (i)   Area drainage and/or sanitary facilities are subject to rules promulgated by the county;
         (j)   Only signs designating entrances, exits, traffic direction and titles shall be permitted, and must be approved by the Planning Commission;
         (k)   Adequate screening with shrubs, trees or compact hedge shall be provided parallel to property lines adjacent to or abutting residential dwelling. Such shrubs, trees and hedges shall not be less than two feet in height and must be maintained in good condition;
         (l)   Provisions shall be made for landscaping throughout the cemetery;
         (m)   Location of cemetery buildings and all other structures shall conform to front, side and rear yard building lines of the particular district in which it is located;
         (n)   No grave sites shall be located within 100 feet of the right-of-way lines of any publicly dedicated thoroughfare;
         (o)   A grave site shall not be within 200 feet of an existing residence unless the owner of such residence gives his or her written consent;
         (p)   Guarantees shall be made that the cemetery will be developed as proposed on the plans approved by the Planning Commission, the County Engineer and the County Board of Health. Guarantees shall be in a form approved by the Planning Commission and may be one of the following:
            1.   A performance bond is required in the amount specified in the village bond and insurance fee schedule; or
            2.   Other methods as might be worked out by the Planning Commission, Council, developers and their legal advisors.
         (q)   A trust fund of an amount set by the Planning Commission shall be established by the cemetery developers for the perpetual maintenance of the cemetery grounds. Said trust fund shall be established before any burial spaces are sold or used and shall be held and invested by a financial institution mutually agreed upon by the developers and the Council. A percentage of the money from the sale of each burial space shall be put into the maintenance trust fund. The percentage shall be an amount set by the Planning Commission. Interest yielded by the fund shall be applied toward the maintenance of the cemetery grounds.
   (E)   Churches and places of worship.
      (1)   The following standards shall apply to churches and places of worship in all districts where conditionally allowed.
         (a)   All structures and activity areas should be located at least 100 feet from all property lines.
         (b)   All points of entrance or exit would be located no closer than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
         (c)   Such developments should be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
         (d)   Such uses should be properly landscaped to be harmonious with surrounding residential uses.
      (2)   The following standards shall apply to churches and places of worship in the districts: CD, R-1, R-2, B-1 and B-2.
         (a)   Such structures should be located adjacent to parks and other non-residential uses such as schools and shopping facilities where use could be made of joint parking facilities.
         (b)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community in general; a bond may be required to ensure that this provision will be met.
      (3)   The following standard shall apply to churches and places of worship in the R-3 District: such developments should be located adjacent to non-residential uses such as churches, parks or business districts.
   (F)   Educational institutions (public or private). The following standards shall apply to educational institutions.
      (1)   All structures and activity areas should be located at least 100 feet from all property lines.
      (2)   Loud speakers which cause a hazard or annoyance shall not be permitted.
      (3)   All points of entrance or exit would be located no closer than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
      (4)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (5)   Elementary school structures should be located on a collector thoroughfare.
      (6)   Such uses should be properly landscaped to be harmonious with surrounding residential uses.
      (7)   Such uses shall incorporate a landscaping buffer in accordance with § 152.245.
   (G)   Government offices and buildings.
      (1)   The following standards shall apply to government offices and buildings in all districts where conditionally allowed.
         (a)   All points of entrance or exit would be located no closer than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
         (b)   Such developments should be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
         (c)   Such developments should be located adjacent to non-residential uses such as churches, parks or business districts.
         (d)   Such uses should be properly landscaped to be harmonious with surrounding residential uses.
      (2)   The following standards shall apply to government offices and buildings in the B-1 District.
         (a)   Such uses shall be permitted under the following conditions:
            1.   Provided that such facilities be located at the extremity of business districts so as not to interfere with the pedestrian interchange between stores in the district and provided further, that it would not limit expansion of the pedestrian-oriented facilities;
            2.   No more than two driveway approaches shall be permitted directly from any thoroughfare and shall not exceed 30 feet in width at the property line;
            3.   If the property fronts on two or more streets, the driveways shall be located as far from the street intersections as is practical; and
            4.   At least a six-inch high pedestrian safety curb shall be installed along all street right-of-way lines except at driveway approaches.
         (b)   All activities, except those required to be performed at fuel pumps, shall be carried on inside a building; if work is performed on a vehicle, said vehicle shall be entirely within a building.
   (H)   Institutions for human medical care. The following standards shall apply to institutions for human medical care.
      (1)   All structures and activity areas should be located at least 100 feet from all property lines.
      (2)   Loud speakers which cause a hazard or annoyance shall not be permitted.
      (3)   All points of entrance or exit would be located no closer than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
      (4)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (5)   Such developments should be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
      (6)   Such uses shall not require uneconomical extensions of utility services at the expense of the community.
      (7)   Such uses should be properly landscaped to be harmonious with surrounding residential uses.
      (8)   Such uses shall incorporate a landscaping buffer in accordance with § 152.245.
      (9)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community in general; a bond may be required to ensure that this provision will be met.
      (10)   Ambulances and other vehicles used in the operation of the principal use shall be stored in an enclosed building.
   (I)   Institutions for higher education. The following standards shall apply to institutions for higher education.
      (1)   All structures and activity areas should be located at least 100 feet from all property lines.
      (2)   Loud speakers which cause a hazard or annoyance shall not be permitted.
      (3)   All points of entrance or exit would be located no closer than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
      (4)   There shall be no more than one advertisement oriented to each abutting road identifying the activity.
      (5)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (6)   Such developments should be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
      (7)   Such uses should be properly landscaped to be harmonious with surrounding residential uses.
   (J)   Parks, playgrounds and golf courses (except miniature), swimming facilities, tennis clubs, country clubs, riding academies and other similar uses.
      (1)   All structures and activity areas should be located at least 100 feet from all property lines.
      (2)   Loud speakers which cause a hazard or annoyance shall not be permitted.
      (3)   All points of entrance or exit would be located no closer than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
      (4)   There shall be no more than one advertisement oriented to each abutting road identifying the activity.
      (5)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (6)   Such uses shall not require uneconomical extensions of utility services at the expense of the community.
      (7)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual, or to the community in general; a bond may be required to ensure that this provision will be met.
      (8)   Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted; and shall include such uses as refreshment stands, souvenir stands and concession stands.
      (9)   A conditional zoning certificate for a use permitted under these regulations shall be issued for a three-year period only. After a three-year period has elapsed, a new conditional zoning certificate shall be required and may be issued; provided that the Planning Commission and the Zoning Inspector determine that the said use has been and is being operated according to the specifications of the Zoning Code and the previous conditional zoning certificate. If necessary, the Commission may make additional requirements for the continued operation of the use as a prerequisite for reissuance of the conditional zoning certificate.
      (10)   All facilities and structures shall meet all state and/or local health, building, electrical and other applicable codes.
      (11)   All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
      (12)   C-R, CD and R-1 shall also follow such uses should be properly landscaped to be harmonious with surrounding residential uses.
   (K)   Quasi-public, fraternal or service facilities. The following standards shall apply to quasi-public, fraternal or service facilities.
      (1)   All structures and activity areas shall be set back a minimum of 100 feet from all lot lines and street rights-of-way.
      (2)   All vehicular entrances or exits shall be set back a minimum of 200 feet from the intersection of any streets under county or state authority.
      (3)   Such uses shall incorporate a landscaping buffer in accordance with § 152.245.
      (4)   Such establishments shall be located on collector thoroughfares or at intersections of arterial and/or collector streets.
   (L)   Recreational areas and campgrounds. The following standards shall apply to recreational areas and campgrounds.
      (1)   All structures and activity areas should be located at least 100 feet from all property lines.
      (2)   All points of entrance or exit would be located no closer than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
      (3)   There shall be no more than one advertisement oriented to each abutting road identifying the activity.
      (4)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (5)   Such uses shall not require uneconomical extensions of utility services at the expense of the community.
      (6)   Such uses should be properly landscaped to be harmonious with surrounding residential uses.
      (7)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community in general; a bond may be required to ensure that this provision will be met.
      (8)   A conditional zoning certificate for a use permitted under these regulations shall be issued for a three-year period only. After a three-year period has elapsed, a new conditional zoning certificate shall be required and may be issued; provided that the Planning Commission and the Zoning Inspector determine that the said use has been and is being operated according to the specifications of the Zoning Code and the previous conditional zoning certificate. If necessary, the Commission may make additional requirements for the continued operation of the use as a prerequisite for reissuance of the conditional zoning certificate.
      (9)   No campsite shall be occupied by the same occupant or group and/or tent, trailer or other camping equipment for a period longer than 14 consecutive days. No cabin, lodge, room or other rental accommodations shall be occupied by the same occupant or group for a period longer than 30 consecutive days.
      (10)   Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted as part of the park, recreational area or campground. Included as such retail uses are refreshment stands, souvenir stands, concession stands, park office and the limited sale of groceries when the customers are primarily the campers using the park.
      (11)   A minimum area of 50 acres shall be required for a use proposed under these regulations.
      (12)   All facilities and structures shall meet all county and/or state health, building, electrical and other applicable codes.
      (13)   All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
   (M)   Bed and breakfast establishments. The following shall apply to bed and breakfast establishments.
      (1)   The principal building shall have been originally designed as a single-family dwelling.
      (2)   The owner, operator or manager of the premises used for the bed and breakfast establishment shall reside full-time in the dwelling, or in a dwelling on an adjoining lot.
      (3)   No more than four bedrooms in any dwelling may be used for bed and breakfast lodging.
      (4)   At least one bathroom shall be dedicated to guest use.
      (5)   One off-street parking space shall be provided for each two bedrooms used for guest lodging in addition to those normally required for the single-family dwelling.
      (6)   (a)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the bed and breakfast establishment that will indicate from the exterior that the building is being utilized in part for any purpose other than a dwelling unit.
         (b)   In a residential district, a bed and breakfast establishment may have one ground monument sign that does not exceed 12 feet in sign area and shall not exceed four feet in height. The sign shall be subject to the same general sign standards as all other signs in residential districts as established in §§ 152.295 through 152.306.
      (7)   Meals provided for cost in a bed and breakfast establishment shall only be served to the guests who are lodging at the bed and breakfast establishment.
      (8)   Guests shall be permitted to reside at the facility for not longer than two continuous weeks.
   (N)   Car wash. Any approved car wash shall adhere to state health and EPA codes and regulations.
   (O)   Commercial entertainment or recreation uses (indoors). The following standards shall apply when commercial entertainment or recreational uses (indoors) is a conditional use.
      (1)   Loud speakers which cause a hazard or annoyance shall not be permitted.
      (2)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (3)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual, or to the community in general; a bond may be required to ensure that this provision will be met.
      (4)   Such uses shall be permitted under the following conditions:
         (a)   Provided that such facilities be located at the extremity of business districts so as not to interfere with the pedestrian interchange between stores in the district and provided further, that it would not limit expansion of the pedestrian-oriented facilities;
         (b)   No more than two driveway approaches shall be permitted directly from any thoroughfare and shall not exceed 30 feet in width at the property line;
         (c)   If the property fronts on two or more streets, the driveways shall be located as far from the street intersections as is practical; and
         (d)   At least a six-inch high pedestrian safety curb shall be installed along all street right-of-way lines except at driveway approaches.
      (5)   All activities related to the use, except parking, shall be located within an enclosed building.
      (6)   All structures shall be set back a minimum of 100 feet from all lot lines and street rights-of-way.
      (7)   All vehicular entrances or exits shall be set back a minimum of 200 feet from the intersection of any streets under county or state authority.
      (8)   Such uses shall incorporate a landscaping buffer in accordance with § 152.245.
      (9)   Such establishments shall be located on major thoroughfares or at intersections of arterial and/or collector streets.
   (P)   Child day care center. The following standards apply to child day care centers when reviewed as a conditional use.
      (1)   All structures and activity areas should be located at least 100 feet from all property lines.
      (2)   Loud speakers which cause a hazard or annoyance shall not be permitted.
      (3)   All points of entrance or exit would be located no closer than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
      (4)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (5)   Such developments should be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
      (6)   Such uses shall not require uneconomical extensions of utility services at the expense of the community.
      (7)   Such uses should be properly landscaped to be harmonious with surrounding residential uses.
      (8)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community in general; a bond may be required to ensure that this provision will be met.
   (Q)   Drive-in refreshment stand.
      (1)   Loud speakers which cause a hazard or annoyance shall not be permitted.
      (2)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (3)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community in general; a bond may be required to ensure that this provision will be met.
      (4)   Such uses shall be permitted under the following conditions:
         (a)   Provided that such facilities be located at the extremity of business districts so as not to interfere with the pedestrian interchange between stores in the district; and provided further, that it would not limit expansion of the pedestrian-oriented facilities;
         (b)   No more than two driveway approaches shall be permitted directly from any thoroughfare and shall not exceed 30 feet in width at the property line;
         (c)   If the property fronts on two or more streets, the driveways shall be located as far from the street intersections as is practical; or
         (d)   At least a six-inch high pedestrian safety curb shall be installed along all street right-of-way lines except at driveway approaches.
   (R)   Gasoline stations (fueling only).
      (1)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (2)   Such developments should be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
      (3)   Such uses shall be permitted under the following conditions:
         (a)   Provided that such facilities be located at the extremity of business districts so as not to interfere with the pedestrian interchange between stores in the district; and provided further, that it would not limit expansion of the pedestrian-oriented facilities;
         (b)   No more than two driveway approaches shall be permitted directly from any thoroughfare and shall not exceed 30 feet in width at the property line;
         (c)   If the property fronts on two or more streets, the driveways shall be located as far from the street intersections as is practical; or
         (d)   At least a six-inch high pedestrian safety curb shall be installed along all street right-of-way lines except at driveway approaches.
      (4)   All activities, except those required to be performed at fuel pumps, shall be carried on inside a building; if work is performed on a vehicle, said vehicle shall be entirely within a building.
      (5)   Outdoor storage and display shall be regulated by § 152.210.
   (S)   Mixed use buildings. The following standards shall apply to mixed use buildings.
      (1)   Residential apartments shall only be permitted on the second or higher floor of a mixed use building.
      (2)   Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and non-residential uses.
      (3)   A mixed use project proposing a commercial component that will operate outside of the hours from 8:00 a.m. to 9:00 p.m. shall require a conditional use approval to ensure that the commercial uses will not negatively impact the residential uses within the building or on adjacent properties.
   (T)   Hotels. The following standards apply to hotels when reviewed as a conditional use:
      (1)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties;
      (2)   Such uses shall not require uneconomical extensions of utility services at the expense of the community;
      (3)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community in general; a bond may be required to ensure that this provision will be met;
      (4)   Such development should be located within three-quarters of a mile of a state highways;
      (5)   Such facilities shall be located at the extremity of districts so as not to interfere with the pedestrian interchange between stores in the district and provided further, that it would not limit expansion of the pedestrian-oriented facilities;
      (6)   No more than two driveway approaches shall be permitted directly from any thoroughfare and shall not exceed 30 feet in width at the property line;
      (7)   If the property fronts on two or more streets, the driveways shall be located as far from the street intersections as is practical; and
      (8)   At least a six-inch high pedestrian safety curb shall be installed along all street right-of-way lines except at driveway approaches.
   (U)   Private recreational uses (outdoors).
      (1)   All structures and activity areas should be located at least 100 feet from all property lines.
      (2)   Loud speakers which cause a hazard or annoyance shall not be permitted.
      (3)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (4)   Any outdoor areas utilized for the use shall only be located in the side and rear yard and shall be set back a minimum of 200 feet from all lot lines and street rights-of-way.
      (5)   Outdoor entertainment activities such as concerts, rallies or similar activities, are prohibited.
      (6)   The Planning Commission may require portions of the site with high activity areas to be enclosed by a fence having a minimum height of six feet.
      (7)   Swimming pools shall be subject to the accessory use standards related to swimming pools. See § 152.210.
   (V)   Restaurants and taverns. The following standards shall apply to restaurants and taverns.
      (1)   Any outdoor dining shall be subject to the applicable provisions of § 152.210.
      (2)   Any proposed drive-through facility must be approved as part of a conditional use (see § 152.055).
      (3)   Loud speakers which cause a hazard or annoyance shall not be permitted.
   (W)   Retail. Where retail is a conditional use the following standards apply.
      (1)   No more than 1,500 square feet of floor area in a dwelling shall be used for such purposes and no noticeable odors, smoke, noise, dust, refuse, electromagnetic interference or other objectionable conditions shall be created outside the structure.
      (2)   Loud speakers which cause a hazard or annoyance shall not be permitted.
      (3)   There shall be no more than one advertisement oriented to each abutting road identifying the activity.
      (4)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (5)   Such uses shall not require uneconomical extensions of utility services at the expense of the community.
      (6)   Such uses should be properly landscaped to be harmonious with surrounding residential uses.
      (7)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community in general; a bond may be required to ensure that this provision will be met.
      (8)   A conditional zoning certificate for a use permitted under these regulations shall be issued for a three-year period only. After a three-year period has elapsed, a new conditional zoning certificate shall be required and may be issued; provided that the Planning Commission and the Zoning Inspector determine that the said use has been and is being operated according to the specifications of the Zoning Code and the previous conditional zoning certificate. If necessary, the Commission may make additional requirements for the continued operation of the use as a prerequisite for reissuance of the conditional zoning certificate.
   (X)   Sexually oriented businesses. The following standards shall apply to sexually oriented businesses.
      (1)   Required setbacks:
         (a)   No sexually oriented business shall be located on any parcel within 500 feet of any residentially zoned district within the village;
         (b)   No such business shall be located on any parcel within 1,000 feet of any public library, private or public elementary or secondary school, public park, church or other place of worship; and
         (c)   No such business shall be located on any parcel within 1,000 feet of another sexually oriented business.
      (2)   For the purposes of division (X)(1) above, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest lot line of the premises of a public library, church or other place of worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
      (3)   For the purposes of division (X)(1) above, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
      (4)   There shall be no more than one advertisement oriented to each abutting road identifying the use.
      (5)   No person shall establish, or operate, or cause the establishment or operation of any sexually oriented business in violation of the provisions of this section. Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value.
      (6)   Once approved and established, a sexually oriented business will not be made non-conforming as a result of the establishment of an activity set out in division (X)(1) above within the buffer zone.
   (Y)   Strip or open pit mining, soil removal or extracting operations.
      (1)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (2)   (a)   Shall be enclosed by a fence six feet or more in height for the entire periphery of the development. Fences shall be adequate to prevent trespass and shall be placed no closer than 50 feet to the top or bottom of any slope. No sand or gravel shall be removed or stored or overburden stored within 100 feet of any lot line not owned or controlled by the developer or operator of said business or his or her agent, nor shall such mineral extraction business be conducted closer to any lot line or street so that areas contiguous and adjacent thereto do not have adequate lateral support.
         (b)   All work conducted in connection with such operations shall be done between the hours of 7:30 a.m. and 5:00 p.m.
      (3)   No rehabilitated slope shall exceed an angle with the horizontal of 45 degrees.
      (4)   (a)   All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form so as to appear reasonably natural. Areas shall be completely and continually drained of water when not in use or not supervised by a watchperson. All slopes and banks shall be reasonably graded and treated to prevent erosion or any other potential deterioration.
         (b)   Such operations shall be conducted so as not to leave or cause to exist spoil banks.
      (5)   Truck routes shall be established for movement in and out of the development in such a way that it will minimize the wear on public streets and prevent hazards and damage to other properties in the community.
      (6)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community in general; a bond may be required to ensure that this provision will be met.
      (7)   To guarantee the restoration, rehabilitation and reclamation of mined-out areas, every applicant granted a mining permit as herein provided, shall furnish a performance bond of $25,000 per acre with a minimum bond of $25,000 village as a guarantee that such work will be done in a satisfactory manner. Plans and specifications of proposed restoration shall be approved by the Village Council prior to the issuance of the permit.
   (Z)   Manufacturing, processing, cleaning, servicing or laboratory facilities.
      (1)   Manufacturing, processing, cleaning, servicing and laboratory facilities so long as the use does not create a nuisance for occupants of adjacent premises or the community at large by reason of the emission or creation of noise, vibration, smoke, dust or other particular matter, toxic and noxious materials, odors, fire or explosive hazards, glare or heat, or electromagnetic disturbances.
      (2)   Laboratories shall not use equipment or conduct experiments which would create hazards, noxious or offensive conditions.
      (3)   In the interests of the community and other industries within the district, the Zoning Inspector shall in regard to an industrial operation whose effects on adjacent premises are not readily known, refrain from issuing a zoning certificate and shall refer the request to the Planning Commission for an interpretation of whether or not the industrial use is permitted use under the requirements of this section. The Commission may seek expert advice on what conditions should be imposed on the particular industrial operation to reasonably modify any injurious or offensive effects likely to result from such an operation. The cost of securing such expert assistance shall be borne by the applicant.
   (AA)   Oil, gas or brine wells, drilling and operations necessary for their extraction, storage and skimming.
      (1)   All structures and activity areas should be located at least 100 feet from all property lines.
      (2)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community in general; a bond may be required to ensure that this provision will be met.
      (3)   The area of use shall be completely enclosed by a six-foot (open or closed) and appropriately landscaped to be harmonious with surrounding properties.
   (BB)   Minimum distance required from residential districts. The designated uses shall not be conducted closer than within 100 feet of any residential district. Where the industrial district abuts upon but is separated from any residential district by a street, the width of the street may be considered as part of the required setback.
   (CC)   Enclosure requirements. The following uses, provided storage is within an enclosed building or an area enclosed on all sides by a solid masonry wall or a minimum six-foot solid painted fence with openings no greater than 15%.
   (DD)   Manufactured, mobile and modular homes.
      (1)   Definitions. For the purpose of this division (DD), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         MANUFACTURED HOME. A structure that is built completely or partially off-site, which may or may not comply with either local or state building codes. This type of structure will bear a label certifying that it is built in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, being 42 U.S.C. §§ 5401 et seq., established and administered by the U.S. Department of Housing and Urban Development (HUD), for manufactured homes, which became effective on June 15, 1976.
         MOBILE HOME. A transportable, factory-built, single-family structure designed to be used as a year-round residential dwelling.
         MOBILE HOME PARK. A parcel of land under single ownership on which two or more mobile homes are occupied as residences, and meeting the requirements of this section.
         MOBILE HOME SUBDIVISION. A subdivision designed and intended primarily for the sale of lots for residential occupancy by mobile homes.
         MODULAR HOME. A structure that is built completely or partially off-site which may or may not comply with either local or state building codes. This type of structure will bear a label certifying that it is built in compliance with the National Manufactured Housing Construction Safety Standards Act of 1974, established and administered by the U.S. Department of Housing and Urban Development (HUD), for manufactured homes, which became effective on June 15, 1976.
         MODULAR HOME SITE ZONE or MOBILE HOME SITE ZONE. A subdivision created by the Planning Commission, if desired, wherein mobile homes, modular homes, manufactured homes, mobile home parks and mobile home subdivisions are a permitted use.
      (2)   Mobile homes, mobile home parks or mobile home subdivisions shall only be permitted in mobile or modular home site zones in the village.
      (3)   The Planning Commission for the village is hereby authorized, if it should so desire, to establish a new zone within the village to be known as the Mobile or Modular Home Site Zone in which modular, manufactured and mobile homes can be designated a permitted use.
      (4)   Modular homes and manufactured homes shall be a permitted use in the Mobile or Modular Home Site Zone, if created.
      (5)   No modular homes or manufactured homes shall be located in the village in any district for any purpose other than as provided for herein.
      (6)   The Planning Commission may permit a manufactured home or modular home of two or more sections to be located:
         (a)   In a residential district, if the Planning Commission finds that:
            1.   The manufactured home or modular home shall be lawfully situated and permanently sited on the lot, and such lot shall be landscaped in accordance with §§ 152.240 through 152.248;
            2.   The location of the manufactured home or modular home on the proposed lot shall not cause harm or injury to the surrounding property owners or detract from the village’s character; and
            3.   The manufactured or modular home complies with all requirements for buildings in a residential district.
         (b)   The Planning Commission’s denial of an application for permit to place a manufactured or modular home in a residential district shall be appealed to the Board of Zoning Appeals in accordance with § 152.057.
      (7)   Lot size permitting, no more than a total of two accessory buildings shall be permitted on any lot containing a manufactured home or modular home.
         (a)   Yard barn. There shall be permitted on any property within the village one accessory building of the yard barn type. A yard barn, although distinct from an unattached garage or a secondary dwelling unit, shall likewise comply with all sideline and setback requirements of the district in which the yard barn is placed. A yard barn may not exceed 240 square feet in area without a conditional use permit.
         (b)   Unattached garage. There shall be permitted on any property within the village one accessory building of the unattached garage type. Such a building, although distinct from a yard barn or secondary dwelling unit, shall likewise comply with all sideline and setback requirements of the district in which the unattached garage is placed. An accessory building of the unattached garage type may not exceed 600 square feet in area.
      (8)   Manufactured and modular homes approved for placement by the Planning Commission must be state inspected and approved. They must conform to this Building Code, including the building codes adopted by reference in §§ 150.001 through 150.009, 150.020 through 150.026. All requests for building permits must be accompanied by specifications. If such specifications conform to this Building Code, as aforesaid, they may be approved without visual inspection of the plumbing and electrical work. All electrical connections must be in junction boxes.
      (9)   Any mobile, manufactured or modular home that existed prior to the enactment of this chapter is permitted to remain as long as the unit is in its present location. If the unit is removed, a replacement unit will not be allowed absent the Planning Commission authorizing the replacement.
      (10)   In accordance with § 152.211, a mobile, modular or manufactured home may be used in any district, on a temporary basis, when the mobile home is used by a construction contractor in conjunction with a construction project; and provided that the mobile home shall be removed within 30 days after a certificate of occupancy for the construction has been issued.
      (11)   Persons wishing a variance from the provisions of this chapter may apply to the Board of Zoning Appeals for such variance. The Board of Zoning Appeals shall have the authority to grant such variances. Appeals of the Board’s decisions regarding variances shall be made to the Village Council. A two-thirds majority vote by the Council is required for a reversal of a decision by the Board of Zoning Appeals.
      (12)   Mobile, modular or manufactured homes shall not be permitted, placed or parked in areas zoned for or used as a recreational area or campground as defined in division (L) above.
(Prior Code, § 1121.03) (Ord. O-18-20, passed 11-20-2018; Ord. O-23-12, passed 4-18-2023) Penalty, see § 152.999

§ 152.088 DISTRICT DEVELOPMENT STANDARDS.

   (A)   Measurements, computations and exceptions.
      (1)   General rules of measurement.
         (a)   Percentages and fractions. When a calculation required by this chapter results in a fractional number or percentage, the resulting number shall be rounded to the nearest whole number.
         (b)   Distance measurements. Unless otherwise expressly stated, distances specified in this subchapter are to be measured as the length of an imaginary straight line joining those points.
         (c)   Lots, yards and open spaces. No space which, for the purpose of a building, has been counted or calculated as part of a side yard, front yard or other open space required by this subchapter may, by reason of change in ownership or otherwise, be counted or calculated to satisfy the yard or other open space requirements of or for any other building.
      (2)   Lot area measurements.
         (a)   The area of a lot includes the total horizontal surface area within the lot’s boundaries, excluding any area of street right-of-way.
         (b)   For non-conforming lots, see § 152.325.
         (c)   With the exception of approval of an open space residential subdivision or governmental acquisition of land, no lot shall be reduced in area so that the lot area per dwelling unit, lot width, yards, building area or other requirements of this subchapter are not met.
      (3)   Setback and yard measurements.
         (a)   Setback measurements and permitted projections. Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a principal structure and the lot line of the lot on which the structure is located. Every part of a required yard shall be open to the sky and unobstructed except:
            1.   As otherwise provided in this section;
            2.   For temporary and accessory buildings as allowed in §§ 152.210 and 152.211;
            3.   Fences and walls as permitted in § 152.225;
            4.   For the ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting into the yard a distance not to exceed 12 inches;
            5.   Open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet;
            6.   The ordinary projections of chimneys and flues may be permitted by the County Building Department when placed so as not to obstruct light and ventilation but shall not be any closer than two feet to any lot line;
            7.   An open and unenclosed porch or paved terrace may project into the front yard for a distance not to exceed ten feet; or
            8.   Awnings and canopies may extend into any required setback but shall maintain a minimum setback of one foot from all lot lines.
         (b)   Front yard setback. Unless otherwise noted, the required minimum front yard setback shall be measured from each street right-of-way or, where a right-of-way is not identified, the lot line adjacent to the street.
         (c)   Front yard modifications. Notwithstanding division (B) below, in any residential district where the average depth of at least two existing front yards on lots within 200 feet of the lot in question and within the same block front is less or greater than the minimum front yard setback prescribed elsewhere in this subchapter, the required front yard setback on such lot may be modified. In such case, this shall not be less than the average depth of said existing front yards on the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining.
         (d)   Interior lots (side and rear yards).
            1.   The lot line located directly behind the rear of the structure shall be the rear lot line and the rear yard setback shall be applied.
            2.   All other lot lines shall be considered the side lot line and the side yard setback shall be applied.
         (e)   Corner lots.
            1.   On corner lots, the required minimum front yard setback shall be provided from each street or section thereof.
            2.   The lot line that runs parallel with the rear façade of the building shall be the rear lot line and the minimum rear yard setback shall be applied from such lot line.
            3.   All other lot lines shall be a side lot line and the minimum side yard setback shall be applied from such lot lines.
         (f)   Double frontage lots.
            1.   Where a lot is considered a double frontage lot, the required minimum front yard setback shall be provided on all lot lines that abut a street.
            2.   The remaining lot lines not abutting a public road right-of-way shall be considered as side yards and shall have the required minimum side yard setback provided for each side lot line.
            3.   For the purposes of allowing accessory uses in a rear yard, the front yard that is located to the rear of the house shall be considered the rear yard.
         (g)   Cul-de-sac or curved-street lot.
            1.   For a cul-de-sac lot (including lots with frontage on a knuckle or eyebrow) or a lot abutting a curved street, the front-yard setback shall follow the curve of the front lot line.
            2.   On a cul-de-sac roadway, knuckle or eyebrow, the required lot width at the street right-of-way shall be required and measured at the right-of-way on the curve of the cul-de-sac, knuckle or eyebrow.
         (h)   Flag lots.
            1.   Flag lots shall not be used to avoid the construction of a street.
            2.   The flag pole portion of the lot shall have a minimum lot width at the street right-of-way as required in the site development standards for zoning districts table set forth below.
            3.   The minimum front yard setback requirement shall be measured from the lot line that creates the rear lot line of the adjacent lot as illustrated below.
            4.   The flag pole portion of the lot shall not be used for storage nor shall any structures be permitted in such portion of the lot.
         (i)   Other lot types. For any type of irregular lot not addressed in this section, the Zoning Inspector shall determine the location of the front, side and rear yard taking into consideration the effect on adjoining properties.
      (4)   Lot width measurements.
         (a)   The lot width at the street right-of-way is the distance between the side lot lines measured at the point of the street right-of-way line or, if no right-of-way exists, at the back of the curb/pavement, or at the back of any public utility easement along the roadway, whichever is greater.
         (b)   The lot width at the building setback line is the distance between the side lot lines measured along the front yard setback line.
      (5)   Height measurement and exceptions.
         (a)   Height measurement.
            1.   Where specified in stories, building height shall be measured in number of complete stories above the finished grade for any elevation fronting on a public street including attics, half-stories, mezzanines, at-grade structured parking, but excluding features that are greater than one-half story or completely below grade, such as basements, cellars, crawl spaces, sub-basements and underground parking structures.
            2.   Where specified in feet, building height shall be measured as the vertical distance from the average grade at the base of the structure to:
               a.   The highest point of a flat roof;
               b.   The deck line of a mansard roof; or
               c.   The mean height between the eaves and ridge on gable, hip or gambrel roofs.
         (b)   Exceptions to height limits. Height limitations stipulated in this subchapter shall not apply:
            1.   To barns, silos or other agricultural buildings or structures on farms (not located in an improved platted subdivision); to church spires, belfries and domes, monuments, chimneys and smokestacks; provided such space is not habitable;
            2.   To cupolas and parapet walls extending not more than three feet above the maximum height of buildings permitted within the applicable zoning district; or
            3.   To bulkheads, elevator penthouses, water tanks, monitor and lookout towers; provided:
               a.   The height of any such structure shall not be greater than the number equal to the height of the first story of the principal structure; and
               b.   The total footprint of the structure shall not exceed 60% of the footprint of the principal structure and shall have the same materials as the principal structure unless an alternative material is approved by the Zoning Inspector.
   (B)   Site development standards.
      (1)   The site development standards for the zoning districts table establishes the minimum site development standards for zoning districts.
      (2)   The minimum site development standards established in the table set forth below may be reduced or enlarged:
         (a)   By requirement of the County General Health District if an on-site wastewater system (e.g., septic system) is required;
         (b)   In the use specific standards established in § 152.087; or
         (c)   As a condition of an approved conditional use or variance (see §§ 152.055 or 152.056).
Site Development Standards for Zoning Districts
Dwelling/Building Type
Sewer
Minimum Lot Area1
Minimum Lot Width at Building Setback Line (Feet)
Minimum Lot Frontage (Feet)
Minimum Setbacks
Maximum Building Height (Feet) 2
Maximum Lot Coverage
Minimum Usable Open Space
Front Yard Feet
Side Yard Each Side (Feet)
Rear Yard (Feet)
Site Development Standards for Zoning Districts
Dwelling/Building Type
Sewer
Minimum Lot Area1
Minimum Lot Width at Building Setback Line (Feet)
Minimum Lot Frontage (Feet)
Minimum Setbacks
Maximum Building Height (Feet) 2
Maximum Lot Coverage
Minimum Usable Open Space
Front Yard Feet
Side Yard Each Side (Feet)
Rear Yard (Feet)
B-1 Downtown Canal District
   Residential- commercial
Yes
10,000 square feet
–
50
10
25
60
   Single-family
Yes
10,000 square feet
90
50
8
25
40
30% of lot area
25% of lot area
   Two-family
Yes
15,000 square feet
90
50
10
25
40
B-2 Warwick Business District
   –
–
15,000 square feet
100
100
10
25
35
–
–
CD Conservation District
   Single-family
–
5 acres
200
60
100
25
50
35
–
–
I-1 Industrial District
   –
–
1/2 acre
100
100
505
255, 6
255, 6
507
–
–
R-1 Rural Residential District
   Single-family
No
2 acres
200
60
100
25
50
35
–
–
   Single-family
Yes
20,000 square feet
100
60
5
15
50
35
–
–
R-2 Residential District
   Single-family
No
1 acre
120
50
60
15
50
351
–
–
   Single-family
Yes
15,000 square feet
90
50
60
15
50
351
–
–
   Two-family
No
2 acres
160
50
60
15
50
351
–
–
   Two-family
Yes
20,000 square feet
120
50
60
15
50
351
–
–
R-3 High Density Residential District
   Multi-family
–
4,000 square feet3
150
50
452
102
352
100
1 to 2 stories: 25%
3 to 5 stories: 20%
6+ stories: 18%4
20% of lot area
   Single-family
–
10,000 square feet
80
50
452
102
352
100
   Two-family
–
15,000 square feet
100
50
452
102
352
100
Notes:
1   The maximum building height is given in feet but in no case shall a residential building exceed 2.5 stories in height; building heights are maximum heights except as provided in §§ 152.050 through 152.059
2   Plus 1 foot for each 1-foot of building height over 35 feet
3   4,000 square feet per dwelling, minimum parcel of 40,000 square feet
4   When no part of a parking building is used for residence purposes directly above it, it shall not be considered in computing maximum lot coverage
5   Does not apply to permitted uses for I-D
6   Where the boundary of an I District adjoins the boundary line of any residence district, the minimum front, rear or side yard, as the case may be, shall be 100 feet; the area abutting the residential boundary, to a depth of 50 feet, shall be landscaped and maintained so as to minimize any undesirable visual effects of an industry on adjacent residential uses; the balance of the yard area shall be used for open space or vehicular parking
7   Except as provided elsewhere in §§ 152.085 through 152.089
 
      (3)   Maximum impervious surface coverage. A maximum impervious surface coverage of 50% in all business districts shall be calculated by dividing the amount of the site that is covered by any impervious surface by the total area of the lot. Impervious surfaces include, but are not limited to, roofs, streets, sidewalks and parking lots paved with asphalt, concrete, compacted sand, compacted gravel or clay.
      (4)   Minimum floor area requirements.
         (a)   The following minimum floor area requirements shall apply to all residential uses in the village, except multi-family dwellings located in the R-3 District.
            1.   There shall be a minimum of 700 square feet of floor area for any one-bedroom dwelling unit.
            2.   There shall be a minimum of 1,100 square feet of floor area for any two-bedroom dwelling unit.
            3.   There shall be a minimum of 1,400 square feet of floor area for any three-bedroom dwelling unit.
            4.   There shall be a minimum of 1,700 square feet of floor area for any four-bedroom dwelling unit.
            5.   There shall be a minimum of 2,000 square feet of floor area for any dwelling unit with five or more bedrooms.
         (b)   The following minimum floor area requirements shall apply to all multi-family dwellings located in the R-3 District:
            1.   There shall be a minimum of 500 square feet of floor area for any efficiency suit.
            2.   There shall be a minimum of 650 square feet of floor area for any one-bedroom dwelling unit.
            3.   There shall be a minimum of 900 square feet of floor area for any two-bedroom dwelling unit.
            4.   There shall be a minimum of 1,200 square feet of floor area for any three-bedroom dwelling unit.
            5.   There shall be a minimum of 1,500 square feet of floor area for any dwelling unit with four or more bedrooms.
      (5)   Visibility at intersections.
         (a)   A traffic safety visibility triangle area, which may include private property and/or public right-of-way, is a triangle area defined by measuring 30 feet from the intersection of street curb lines (or the right-of-way lines where there is no curb) and connecting the lines across the property.
         (b)   For intersections of streets and driveways, the traffic safety visibility area shall be created by measuring 25 feet from the edge of the driveway along the curb or right-of-way line and 20 feet along the driveway, perpendicular from the street.
         (c)   No structure, sign or landscape element shall exceed 24 inches in height, measured from the top of the curb, within the traffic safety visibility area, unless approved by the Zoning Inspector. Mailboxes are exempt from this requirement.
         (d)   An exception to this requirement shall be for existing trees where the tree canopy (branches and leaves) is trimmed to a minimum of eight feet above grade.
(Prior Code, § 1121.04) (Ord. O-18-20, passed 11-20-2018)

§ 152.089 MIXED USE DISTRICT DEVELOPMENT STANDARDS.

   (A)   Purpose.
      (1)   The purpose of the Mixed Use District (MUD) and its regulations are established in order to permit and encourage an intensity and mix of development that supports and implements the development policies that have been established for the area by the village. The intent in establishing this MUD in the development regulations to is to permit specific uses, at a development intensity and with a form in a manner that:
         (a)   Encourages a pedestrian-oriented mix of uses which includes retail, office, light industrial and residential;
         (b)   Expands the available economic options while strengthening the existing uses found;
         (c)   Encourages land development pattern that increases employment and resident densities; and
         (d)   Establishes design criteria for new development or redevelopment to ensure that an aesthetically pleasing and pedestrian friendly environment is provided.
      (2)   The MUD standards shall apply to the zoning districts:
         (a)   Downtown Canal District (B-1); and
         (b)   Warwick Business District (B-2).
   (B)   Building and parking setback requirements. Principal and accessory buildings shall be located on a lot in a manner that maintains the front, side and rear yard requirements as set below.
Building and Parking Setback Requirements
Downtown Canal District (MUD-B-1)
Warwick Business District (MUD-B-2)
Building and Parking Setback Requirements
Downtown Canal District (MUD-B-1)
Warwick Business District (MUD-B-2)
Building
   Front setback from street right-of-way
      Minimum
None
None
      Maximum      
10 feet1
10 feet
   Side and rear setback
      From residential district property line
25 feet
25 feet
      From non-residential district property line
None
None
Parking
   From street
 
Equal to building setback
Equal to building setback
      Minimum
5 feet2
5 feet
      Maximum
None
None
   From rear or side lot line of adjacent residential district
10 feet
10 feet
   From rear or side lot line of adjacent non-residential district
5 feet
5 feet
Notes:
1   The maximum setback from the street right-of-way may be increased to 20 feet with the approval of the Planning Commission for the purpose of providing a plaza, café, public art or similar pedestrian-oriented amenity
2   Must be sufficient to meet landscape requirements for screening as provided in division (F) below
 
   (C)   Building height requirements. Principal buildings shall have height characteristics as set forth below.
 
Building Height Requirements
Downtown Canal District (MUD-B-1)
Warwick Business District (MUD-B-2)
Minimum height requirement
2 stories (that are occupiable floors)
None
Maximum height requirement
50 feet 
45 feet
 
   (D)   Off-street parking and loading. In addition to the standards for off-street parking set forth in §§ 152.275 through 152.282, the following restrictions shall apply.
      (1)   Location and access; residential uses.
         (a)   Off-street parking shall not be located in a principal buildings front yard setback area.
         (b)   Off-street parking shall be located at the rear or side of a principal building on the interior of the lot and shall be accessed by means of shared driveways, preferably from side streets or alleys.
         (c)   Driveways may be located in the rear yard setback area.
      (2)   Location and access; non-residential uses.
         (a)   No more than 20% of off-street parking shall be located to the side of a principal building.
         (b)   All other off-street parking shall be located at the rear of the building on the interior of the lot and shall be accessed by means of shared driveways, preferably from side streets or alleys.
         (c)   Driveways may be located in the rear yard setback area.
      (3)   Shared parking requirements for non-residential uses are set forth in § 152.278(E).
      (4)   Bicycle parking. Bicycle parking shall be provided at the level of one for every ten automobile parking spaces, with a minimum of two spaces and a maximum of 20 spaces.
         (a)   Location and access. Required bicycle parking spaces shall be located at least as close to the entrance of the building as the nearest non-handicapped automobile parking space. Where automobile parking is provided in an enclosed area, bicycle parking shall be provided within the enclosure or in such a way as to provide comparable protection from the elements.
         (b)   Size. Required bicycle parking spaces for non-residential uses must have minimum dimensions of two feet in width by six feet in length.
         (c)   Design. Bicycle racks and lockers must be securely anchored to the ground or a building. Bicycle racks must provide a stable frame to which the bicycle may be conveniently secured, such as the inverted-U, post and loop or another type of rack that meets these standards. Bicycle racks that support the wheel but not the frame of the bike may not be used to fulfill a bicycle parking requirement. In parking lots and parking garages, physical barriers, such as posts or bollards, shall be provided so as to prevent a motor vehicle from striking a parked bicycle.
   (E)   Site development standards.
      (1)   Landscaping, visual screening and buffers. Landscaping, visual screening and buffers shall be provided for all lots in the entire MUD in accordance with provisions in §§ 152.240 through 152.248.
      (2)   Fencing. Fencing requirements shall be provided for all lots in the MUD in accordance with the provisions set forth herein and those referenced in § 152.225, the requirement of this section shall prevail.
         (a)   In the entire MUD, only ornamental fences up to five feet in height with 25% maximum opacity are permitted in the required building and parking setback area unless provided for screening pursuant to §§ 152.275 through 152.282. Alternatively, a masonry wall up to three feet in height may be provided in lieu of an ornamental fence in the required building and parking setback area unless the fence is provided for screening pursuant to §§ 152.275 through 152.282.
         (b)   In the entire MUD, fences and walls shall be permitted in interior rear and side yards consistent with the following:
            1.   The fence shall not exceed seven feet in height; and
            2.   The fence shall be to the side and rear of the building, starting at the building line and may not encroach on the front setback.
      (3)   Lighting requirements. Appropriate site lighting, including lights for signs, buildings and streets, shall be arranged so as to provide safety, utility and security and control light trespass and glare adjacent properties and public roadways. Lighting shall be provided for all parking lots in the entire MUD in accordance with the provisions set forth herein.
         (a)   All development with ten or more parking spaces are required to provide exterior lighting for all vehicular use areas including entrance and exit access drives and pedestrian paths connecting parking areas to principal buildings.
         (b)   Lighting shall be integrated into the public character both in terms of illumination and fixtures.
         (c)   Light poles shall not be higher than 30 feet.
         (d)   All parking lot and security fixtures shall be cut-off fixtures except for decorative lighting meaning that the lighting fixture is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture.
      (4)   Building siting and orientation.
         (a)   Principal residential structures; single-family detached and two-family residential dwellings.
            1.   The main entrance(s) to the residence shall face the street.
            2.   The front wall of the principal structure shall be parallel to the street or perpendicular to a radius of the curve of the street extended through the approximate center of the main mass, if the street is curved.
         (b)   Principal residential structures; single-family attached, townhomes and multi-family.
            1.   The entrance to at least one dwelling unit within each building shall face the street.
            2.   The front wall of the principal structure, or the front wall of at least one principal structure in a multi-building development, shall be parallel to the street or perpendicular to a radius of the curve of the street extended through the approximate center of the main mass, if the street is curved.
         (c)   Principal residential structures on corner lots.
            1.   In general, the structure shall face one of the streets and not the corner.
            2.   One side of the structure shall be designated the front and shall be subject to the requirements set forth in division (E)(4)(a) or (E)(4)(b) above and requirements regarding private walks and entryways set forth below.
         (d)   Private garages.
            1.   Doors of attached garages shall not face the street.
            2.   An attached garage shall be sited so that its door is not visible from the primary direction of approach.
            3.   Detached garages shall be located in the rear yard.
         (e)   Non-residential development.
            1.   Commercial/retail buildings shall maintain a continuous wall plane at the front property line. Architectural features, such as bay windows, may project beyond this plan no more than 30 inches at minimum height of 12 feet above the sidewalk.
            2.   The main entrance to the principal structure shall face the street.
            3.   The front wall of the principal structure shall be parallel to the street or perpendicular to the radius of the curve of the street extended through the approximate center of the main mass, if the street is curved.
      (5)   Distance between residential buildings. Structures containing either single-family attached, townhomes or multi-family dwelling units shall be separated from each other by a minimum of ten feet at their closest points.
      (6)   Maximum building coverage.
         (a)   Commercial/retail uses. The amount of impervious coverage shall be no more than 80% of the total gross lot area unless covered under the provisions of a planned development or development agreement.
         (b)   Single-family attached, townhome and multi-family residential uses. The amount of impervious coverage shall be no more than 80% of the total gross lot area.
      (7)   Driveway curb cuts.
         (a)   Townhomes and two-family residential dwellings. No more than one driveway curb cut per lot.
         (b)   Single-family attached and multi-family. No more than two driveway curb cuts per development site.
         (c)   Non-residential uses. No more than one driveway curb cut per lot, except that when the lot is wider than 150 feet then no more than two driveway curb cuts per lot.
      (8)   Pedestrian amenities.
         (a)   Generally. Provision shall be made in the design of all developments for non-vehicular circulation systems, including, but no limited to, sidewalks, pathways and bikeways.
         (b)   Sidewalks.
            1.   Sidewalks at least five feet wide shall be provided on all sides of a lot that abut a public street, way or open space.
            2.   Sidewalks at least five feet wide shall be provided along the full length of a building façade that features a customer entrance and along any building façade abutting a public parking area.
            3.   All internal pedestrian walkways shall be designed to be visually attractive and distinguishable from driving surfaces through us of durable, low-maintenance surface materials such as pavers, brick or scored concrete to enhance pedestrian safety and comfort.
         (c)   Linkages. To the maximum extent feasible, provision shall be made in the design of development for connections with existing or future pedestrian systems on adjoining properties, including, but not limited to, connections to existing or future sidewalks, bikeways, walkways and any existing or planned trail systems.
   (F)   Design criteria. All new development or redevelopment projects in the MUD shall be subject to the guidelines and review procedures established in §§ 152.050 through 152.059. The following design criteria are also established to ensure that new development or redevelopment in the MUD complies with the purpose and objectives of this subchapter.
      (1)   General criteria.
         (a)   The proposal shall enhance and improve the character of the community and be appropriate and compatible with its surroundings in accordance with the intent, objectives and development requirements set forth in this chapter.
         (b)   Buildings, structures and landscaping should be designed and located on the site and be of a scale and massing to complement adjacent buildings and enhance the character of the surrounding area.
         (c)   Each building or unit of a multiple building development should have its own distinct identity, yet should also be compatible with adjacent units or buildings in terms of scale, proportion, color and materials.
         (d)   Ingress and egress to drive-through facilities, if permitted, should be from side streets.
      (2)   Building design, walls and materials.
         (a)   Building design.
            1.   Building entrances should be oriented to the major thoroughfare where feasible.
            2.   Architectural style is not restricted, but the evaluation of the appearance of the project shall be based on the quality of its design and relationship to the prevailing design characteristics of the surrounding area.
            3.   Building components, such as windows, doors, eaves and parapets, shall be composed on a façade of a building with harmonious proportions in relationship to one another and surrounding buildings.
            4.   Architectural features should be placed upon a façade of a building in a pattern that creates a building fenestration that has a constant rhythm and harmonious appearance.
         (b)   Building walls.
            1.   When the wall of a non-residential building faces a public right-of-way or is within 45 degrees of facing a public right-of-way, a minimum of 50% of such wall area, on the ground floor, shall have display-type windows. The bottom edge of such window shall not be higher than three feet above grade. A maximum of 20% of such windows may be opaque.
            2.   Walls shall have no more than 20 feet of continuous wall length devoid of windows, on any ground floor, unless the wall includes architectural features such as piers, columns, defined bays or an undulation of the building, so that a pedestrian scale, rhythm and visual interest is created.
            3.   Walls that meet the following criteria shall be exempt from the requirements of division (F)(2)(b)2. above:
               a.   Two walls face one another, are separated by not more than 30 feet and the space between the two walls is used for servicing the buildings; or
               b.   The wall faces an area devoted solely to loading and delivery and the wall is screened from view from all public rights-of-way, parking areas and abutting residential areas.
         (c)   Building materials.
            1.   Buildings shall have finish materials on all sides, including brick, stone, decorative spilt face block or other similar materials. Finish materials shall not include exposed concrete or cinder block or stucco unless it is utilized with bands of accent color, recessed or protruding belt courses, wide reveals or combinations thereof.
            2.   A combination of materials, textures, colors and finishes are preferred to create visual interest.
   (G)   Conditional use regulations.
      (1)   General criteria. A conditional use, and uses accessory to such conditional use, shall be permitted in the MUD only when specified as a conditional use in such district, and only if such use conforms to the following general criteria and specific conditions, standards and regulations set forth in this section. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that the use, as proposed, satisfies the following criteria:
         (a)   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not essentially change the character of the same area;
         (b)   Will not restrict or adversely affect the existing use of the adjacent property owners;
         (c)   Will be properly landscaped in compliance with §§ 152.240 through 152.248; and
         (d)   That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare.
      (2)   Supplemental criteria for specific uses. The following are specific conditions, standards and regulations for certain conditional uses as they apply to MUDs.
         (a)   Drive-through facility.
            1.   Such facilities shall be located to the rear of the building if possible or in area least disruptive to pedestrian or vehicular traffic if location to the rear of the building is not feasible.
            2.   To the extent possible, access to the drive-through should be provided from a side street and, if necessary, there shall be one access to/from the main thoroughfare.
            3.   Any proposed loudspeaker system shall be approved by Planning Commission.
            4.   At least five waiting or stacking parking spaces shall be provided.
         (b)   Outdoor storage.
            1.   Outdoor storage of materials includes the storage of goods, materials or products associated with the principal use. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted.
            2.   The following provisions shall apply to outdoor storage of goods and materials:
               a.   Areas devoted to outdoor storage shall be located in a side or rear yard only and shall comply with the building setbacks set forth in the building and parking setback requirements table set forth above;
               b.   All outdoor storage areas shall be contiguous to the principal building;
               c.   No outdoor storage area shall be permitted to occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access;
               d.   The area of the lot devoted to outdoor storage shall not exceed 25% of the ground floor area of the principal building;
               e.   Areas devoted to outdoor storage shall be paved with asphalt or concrete and free of dust;
               f.   All outdoor storage areas shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall be at least seven feet tall. No razor or barb wire shall be permitted. Where the fencing presents a face to the front or to a public street, a landscaping strip of at least three feet shall be provided with 50% opacity at planting as a means of camouflaging the storage wall or fence;
               g.   No signs shall be permitted in conjunction with outdoor storage areas except those otherwise in compliance with the sign regulations in §§ 152.295 through 152.306; and
               h.   No junk, inoperative or unlicensed vehicle, except for the inventory of new or used cars for sale, shall be permitted to remain outside an enclosed building for more than 48 hours.
         (c)   Outdoor display. Outdoor display of materials includes merchandise in an outdoor area that is representative of the merchandise for sale from inside the building and is permitted by retail uses subject to the following provisions:
            1.   The display of merchandise for sale is limited to products that are customarily associated with the operation of the principal business located on the premises and conducted by the employees of such principal business;
            2.   The areas devoted to outdoor display must comply with all building setbacks and yard regulations set forth in divisions (B) and (E) above and be contiguous to the building;
            3.   The height of the outdoor display may not exceed six feet;
            4.   No outdoor display is permitted to occupy or interfere with traffic circulations, required parking areas, public sidewalks or pedestrian access; and
            5.   No signs are permitted in conjunction with the outdoor display except those otherwise in compliance with the sign regulations in §§ 152.295 through 152.306.
(Prior Code, § 1121.05) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999