Hennessey City Zoning Code
ADDITIONAL PROVISIONS
APPLICABLE TO NONRESIDENTIAL USE
§ 154.220 PURPOSE.
The purpose of this subchapter is to establish additional standards and conditions that shall apply to permitted, special use and accessory as noted in § 154.076 Table of Uses.
(Ord. 382, passed 7-8-2021)
§ 154.221 ADULT ORIENTED BUSINESS USE.
(A) Approved location. Adult oriented businesses use shall be permitted by special use permit in districts zoned industrial as depicted on the zoning map on file with the Town Clerk.
(B) Separation.
(1) Separation from other uses.
(a) No adult oriented business use shall be allowed to locate, or expand to, within 1,250 feet of any residentially zoned lot, religious assembly, school, park or recreation use, or childcare center.
(b) This separation distance shall be measured as a straight line without regard to intervening properties or structures, from the nearest exterior wall of the adult entertainment establishment to the nearest lot line of the lot that is zoned residential or that contains the religious assembly, school, park or recreation use, or childcare center.
(c) No adult-oriented business use shall be allowed to locate, or expand to, within 500 feet of any business licensed to sell or serve alcoholic beverages. The separation distance shall be measured as a straight line without regard to intervening properties or structures, from the nearest exterior structural wall of each business.
(2) Separation from other adult oriented business use. No adult oriented business use shall be allowed to locate or expand within 1,250 feet of any other adult oriented business use.
(C) Access. Direct access to and from an adult oriented business use shall not be provided from a residential street, nor shall access be allowed through any private lot, private driveway or private street in a district zoned other than an industrial zoned district.
(D) Frontage. The property on which the adult business use is located shall have a minimum of 100 feet of street frontage.
(E) Screening. Appropriate screening shall be provided along all non-street facing lot lines. Such screening shall include landscaping which incorporates a mix of shade trees, ornamental trees, evergreen trees and shrubs. A berm and a solid or semisolid fence or hedge not more than six feet high may also be included as part of the screening. All screening shall be maintained in good condition by the owner or owners of the property.
(F) Windows and doors. The building that the adult oriented business use is located within shall be designated in such a fashion that all openings, entries and windows prevent views into such establishments from any sidewalk, walkway, street or other public area. Further, no merchandise or pictures or products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No adult oriented business activity shall take place partially or totally outside the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted.
(G) Signage. Adult oriented business uses shall be limited to one wall-mounted sign no greater than one square foot of sign per linear foot of wall length, not to exceed a total of 50 square feet. Said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Signs must meet all requirements of §§ 154.195 through 154.205.
(Ord. 382, passed 7-8-2021)
§ 154.222 ANIMAL CARE AND KENNELS.
All outdoor animal runs, pens or enclosures shall be located at least 25 feet from lot lines abutting residentially zoned districts. Kennels shall require a minimum lot size of three acres.
(Ord. 382, passed 7-8-2021)
§ 154.223 CHARITABLE INSTITUTIONS.
Ingress and egress for charitable institutions shall be designed so as to minimize traffic congestion.
(Ord. 382, passed 7-8-2021)
§ 154.224 COMPOST FACILITY.
The following additional standards and conditions shall apply to all compost facility.
(A) Landscape buffer. Compost use shall be subject to the landscape buffer standards of §§ 154.140 through 154.146, provided that either the Planning Commission or the Board of Trustees may require a greater buffer to protect adjacent property from adverse visual and/or other impacts associated with a specific compost facility.
(B) Traffic circulation.
(1) Ingress and egress for the operation shall be designed so as to minimize traffic congestion.
(2) No more than one vehicle entrance shall be allowed for each 660 feet of lot frontage on a public street. There shall be enough room on-site to accommodate peak traffic volume and company vehicles.
(C) Storage bins. Storage bins or trailers will be allowed to be stored on-site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be completely screened from view from off-site.
(D) Litter control. The property shall be maintained in a clean, litter-free condition.
(E) Hazardous materials. Operations shall not involve the on-site holding, storage or disposal of hazardous substances, except substances used for the operation of the facility, such as fuel.
(F) Material. No food scraps (except for vegetable scraps) or other vermin-attracting materials shall be processed, stored or disposed of on the site of a compost facility. Only yard/garden wastes are allowed as compost material.
(G) Hours of operation. Uses shall not operate before sunrise or after sunset if located within 1,000 feet of a residentially zoned district.
(Ord. 382, passed 7-8-2021)
§ 154.225 CONVENIENCE STORE AND VEHICLE REPAIR USE.
The following additional regulations shall apply to all convenience stores which have gasoline pumps, vehicle repair uses and other businesses that sell gasoline or diesel fuel.
(A) Traffic. All traffic concerns must be adequately addressed to promote safety and reasonable traffic flow.
(B) Screening.
(1) Appropriate screening shall be provided along all lot lines abutting a residentially zoned property. Such screening shall include landscaping which incorporates a mix of shade trees, ornamental trees, evergreen trees and shrubs.
(2) A berm and a solid or semi-solid fence or hedge not more than six feet high may also be included as part of the screening. All screening shall be maintained in good condition by the owner or owners of the property.
(C) Design. The design location, colors and screening of the gas pumps shall be such that they are compatible with the design of the building.
(Ord. 382, passed 7-8-2021)
§ 154.226 MEDICAL MARIJUANA USE.
Medical marijuana use shall be subject to the following additional standards and conditions.
(A) General conditions. The following conditions will be made for medical marijuana facilities within the municipal boundaries of the town.
(1) Structures where medical marijuana is processed, stored or dispensed must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.
(2) Medical marijuana grow facilities shall conduct activities in a manner that will not constitutes a public nuisance. A public nuisance may be deemed to exist if growing marijuana produces light, glare, heat, noise, odor or vibration that is detrimental to public health, safety or welfare or interferes with the reasonable enjoyment of life and property.
(3) All medical marijuana dispensary, commercial medical marijuana growing and/or processing facilities, and medical marijuana wholesale and/or storage facility establishments shall be located within an entirely enclosed and secure with limited access structure, as required by the rules and regulations of the Department of Health, as may be amended from time to time.
(4) (a) Medical marijuana grow, processing, storage and wholesale facilities, including any lighting, plumbing or electrical components used shall comply with municipal building and fire codes.
(b) The facility must be properly ventilated so as not to create humidity, mold or other related problems. Lighting in grow facilities shall not exceed 1,000 watts per light. The use of gas products (CO2, butane and the like) or CO2 and ozone generators in the grow facilities is prohibited.
(5) Growing marijuana at a medical marijuana grow facility shall not be visible from the public right-of-way or adjacent property.
(B) Separation. For the distance requirements outlined in this chapter, the distances described shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use described in herein is located to the nearest property line of the building or unit in which the proposed retail marijuana establishment would be located.
(1) Separation from other uses. Retail marijuana establishment permit will not be granted to any applicants where the proposed location would be located within 1,000 feet of any of the following uses:
(a) Private or public preschool, elementary, secondary, vocational or trade school, college, university or any childcare center;
(2) Any library or museum;
(3) Any place of worship or religious assembly;
(4) Any public playground, public park, pool or recreation facility; or
(5) Any juvenile or adult transitional living facility, inmate transitional living facility, halfway houses, substance abuse rehabilitation or treatment center.
(2) Medical marijuana grow facility separation from residential zone district. Medical marijuana grow facility shall be a permitted use in any agricultural zoning district and limited industrial zoning districts wherein growing marijuana crops are no closer than 300 feet from any residential zone district.
(3) Separation from other medical marijuana facility. No medical marijuana facility shall be allowed to locate or expand within 1,000 feet of another medical marijuana facility.
(C) Zoning. The following additions will be made for the zoning classifications where medical marijuana related activities are allowed within the municipal boundaries of the town.
(1) Medical marijuana dispensary shall be a permitted use in all commercial zoning districts.
(2) Medical marijuana processing, wholesale, or storage facilities shall be a permitted use in all industrial and agriculture zoning districts.
(3) (a) Medical marijuana growing shall be a permitted use in any agricultural zoning district and limited industrial zoning districts.
(b) Separation requirements found in division (B) of this section will apply.
(Ord. 382, passed 7-8-2021)
§ 154.227 MODULAR STRUCTURE AS TEMPORARY USE.
Modular units serving as temporary use shall be subject to the following standards.
(A) Building Code. All applicable provisions of the currently adopted Building Code shall be followed.
(B) Expiration.
(1) The special use permit allowing the modular structure to be used as a temporary use shall expire one year after the approval date by the Board of Trustees.
(2) The holder of the special use permit may apply for an extension of the special use permit by following the procedure outlined in § 154.040.
(C) Use prohibited. The use of modular unit is prohibited in: Residential Estate (RE); Low Density Residential (R-1); and Medium Density Residential (R-2) Zoning Districts.
(Ord. 382, passed 7-8-2021)
§ 154.228 TRANSITIONAL LIVING FACILITY, INMATE TRANSITIONAL LIVING FACILITY AND HALFWAY HOUSES.
Transitional living facility and halfway houses transitional living facility, inmate transitional living facility and halfway houses shall be subject to the following standards.
(A) Size. A maximum of ten persons, including staff, shall reside in the facility at one time.
(B) Separation. No transitional living facility, inmate transitional living facility and/or halfway houses shall be located within 1,500 feet of any other transitional living facility, inmate transitional living facility, halfway houses or treatment facility, nor shall a transitional living facility, inmate transitional living facility or halfway houses be located within 300 feet of any religious assembly, school, park, licensed childcare facility, or residentially zoned property.
(Ord. 382, passed 7-8-2021)
§ 154.229 VEHICLE/EQUIPMENT SALES, VEHICLE/EQUIPMENT STORAGE YARD AND VEHICLE REPAIR.
Vehicle/equipment sales, vehicle/equipment storage yard and vehicle repair uses shall be subject to the following standards.
(A) Storage and parking areas.
(1) All vehicle and equipment storage areas and parking areas must be hard-surfaced (with asphalt or concrete), dust-free.
(2) Vehicle and equipment storage areas and parking areas located in the agricultural and industrial district may be constructed with six inches of level compacted crushed gravel, limestone or recycled asphalt.
(Ord. 382, passed 7-8-2021)