Manchester Village City Zoning Code
ARTICLE X
Special Permit Uses
§ 290-50 General provisions.
The uses specified in this article are hereby declared to possess unique characteristics requiring that each proposal for any such use shall be considered by the Planning Board as an individual case. Upon application complying with the requirements of Article III, special use permits may be approved by the Planning Board and issued by the Code Enforcement Officer or designee in accordance with the administrative procedures set forth in Article III and only after it has found that each and all of the following standards have been met:
The proposed special use is consistent with the general intent of the Village's Comprehensive Plan and with each of the specific purposes set forth in this chapter.
The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed special use are such that it will be compatible with the orderly development of the use district.
The operation of the proposed special use is no more objectionable to the uses of nearby properties, by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would be the operation of any permitted use.
The proposed special use satisfies each and all standards and conditions specified for such special use by the relevant provisions of this article.
The Planning Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the Village's natural resource base and the value of property. The Code Enforcement Officer or designee shall make an on-site visit to each property authorized as a special use not less than one time each year. The purpose of said site visit is to ensure that the use is being operated in accord with the conditions specified by the Planning Board. If the Code Enforcement Officer or designee shall determine that a violation of this chapter or the conditions imposed by the Planning Board exists, the certificate of occupancy and/or certificate of compliance shall be null and void. A new special use permit application shall be required to be submitted and approved prior to the reestablishment of said use.
No site preparation or construction shall commence nor shall existing structures be occupied for any special permit use until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.
§ 290-51 Essential services.
Essential services, as defined in § 290-12 herein, may be allowed as a special permit use in any zone district upon the approval of a special use permit by the Planning Board.
The Planning Board shall determine the following prior to approving a special use permit:
The proposed installation in a specific location is necessary and convenient for the efficiency of the essential service or the satisfactory and convenient provision of service to the area in which the particular use is to be located.
The design of any building in connection with such facility shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights in the district in which it is to be located.
Adequate and attractive fences and other safety devices will be provided.
A buffer strip not less than 15 feet in depth shall be provided around the perimeter of the property proposed for such use.
Adequate off-street parking shall be provided.
All other applicable requirements of this chapter shall be met.
§ 290-52 Motor vehicle service stations and auto repair shops.
The Planning Board may approve a special use permit for motor vehicle service stations and auto repair shops in the C-1 Commercial, I-1 and I-2 Industrial Districts, provided that the following standards and conditions are maintained:
In addition to the information required in the special permit application and enumerated in § 290-17 herein, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground and the number and location of fuel pumps to be installed.
Such uses shall be screened from adjacent uses by a buffer area not less than 10 feet in depth, composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the property line. The Planning Board shall determine on an individual case basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above the ground. If said shrubbery becomes decayed and fails to provide an adequate screen, the Code Enforcement Officer or designee shall direct the property owner to replace said shrubs.
The entire area of the site traveled by motor vehicles shall be hard surfaced.
All repairs of motor vehicles, except for minor servicing, shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.
Motor vehicle service stations may include facilities for the sale of food, household items and convenience merchandise, provided that the sale of such items takes place entirely within an enclosed building.
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.
No building or structure, including gasoline pump or automotive service appliances, shall be erected within 30 feet of any street line.
No motor vehicle service station or auto repair shop may display more than two unregistered vehicles for sale outside of an enclosed building at any one time.
No motor vehicle service station or auto repair shop shall have more than two driveways on any public street fronting the site. The driveway width on any street shall not exceed 1/3 of the total site frontage on each street.
No driveway shall be closer than 50 feet to the intersection of two street corner lot lines or within 20 feet of an adjacent lot line.
No motor vehicle service station or auto repair shop and no driveway to any such use shall be established within 200 feet of the boundary line of any residential district or of any school, church, park, playground, hospital, public library, institution for dependent children or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district where the subject premises are located. For the purposes of this subsection, the distance shall be measured along the street line on the side of the street where such use is proposed or such driveway would cross.
No motor vehicle service station and no outdoor gasoline or oil pump or automotive service appliance shall be established on a lot that is within 1,000 feet of another lot measured along the same street frontage on which there is an existing motor vehicle service station or outdoor gasoline or oil pump or other automotive service establishment; or of another lot for which a building permit has been issued for the erection of a motor vehicle service establishment.
§ 290-53 Public and semipublic uses and buildings.
The Planning Board may approve a special use permit for public and semipublic uses of an institutional, health, educational, recreational, religious or cultural nature in the R-1 Residential District, provided that the following standards and provisions are maintained:
A statement setting forth the details of the operation of the use.
The applicant shall provide the Planning Board with evidence of approval, certificate of need, license or other similar document required to initiate or expand such a use from any and all appropriate regulating agencies.
The proposal shall meet the minimum area and yard requirements for such uses as specified in the Schedule.[1]
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter as well as provisions for landscaping, buffering, signs and accessways.
The Planning Board, in considering the request for a special use permit, may impose conditions it deems necessary to protect the health, safety and public welfare of the Village.
§ 290-54 Multiple-family developments.
[Amended 1-7-2002 by L.L. No. 1-2002]
The Planning Board may approve a special use permit for multiple-family complex developments in the R-1 Residential Districts or C-1 Commercial Districts, provided that the following standards and provisions are maintained:
No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.
The minimum land area required for such use shall be three acres.
The maximum gross density shall not exceed eight dwelling units per acre.
Apartment buildings shall contain no more than 12 dwelling units.
Setback requirements. Minimum area and yard requirements for each multiple-family structure within a multiple-family development shall be as follows:
Minimum distance between buildings: 60 feet.
Direct line of sight visibility from one building to another shall not be less than 100 feet.
Every building shall have a minimum setback of 25 feet from all interior roads, driveways and parking areas.
A strip of land at least six feet in depth surrounding each building shall be kept completely open except for foundation plantings of less than six feet in height.
Courtyards bounded on three sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.
No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least eight feet in its alignment not less frequently than along each 100 feet of length of such exterior wall.
All stairways to the second floor or higher shall be located inside the building.
Access to public road.
All multiple-family dwelling developments shall have direct access to a public road.
Where there are 12 or more dwelling units in a development, access from the common parking area(s) to the public street must be provided by either a private street or a street dedicated to the Village by the developer. The minimum width of any private street in a multiple-family development shall be 12 feet when no on-street parking is allowed and 18 feet when parking is allowed on one side of the street.
If there are more than 50 dwelling units in a multiple-family development or if, in the opinion of the Planning Board, the location or topography of the site indicates the need for additional access, the Planning Board may require such additional access as a condition of site plan approval.
Requirements for off-street parking, as provided in Article XI of this chapter, shall be met, except that the location of off-street parking lots may be modified to conform to the approved site plan, provided that off-street parking shall not be located within the front yard or the required side yard setback. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all living units each parking area is intended to serve.
The aggregate lot coverage of multiple-family dwelling developments shall not exceed 30% of the total lot area.
Services.
Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities.
There shall be a minimum common storage area in each building for bicycles, baby carriages and similar types of equipment of 40 square feet in area. Storage areas shall be a minimum of five feet in height and not less than four feet in width per dwelling unit.
Sufficient laundry, drying, garbage pickup and other utility areas shall be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.
Recreation; open space; maintenance.
Multiple-family dwelling complexes shall be designed to create usable private open space. A minimum of 10% of the total tract area, exclusive of the required setback areas, buffer strip and parking areas shall be designated for common recreational purposes.
No recreational area shall be less than 10,000 square feet in area nor less than 100 feet in width. Areas designated for recreation purposes shall be approved by the Planning Board.
Multiple-family dwelling complexes shall be attractively shrubbed and properly maintained. Open space adjacent to, around or between driveways, parking areas, structures or other required improvements shall be graded and seeded to provide a thick stand of grass or other plant material.
Multiple-family developments shall be constructed in accord with the site plan approval by the Planning Board and shall be designed to include adequate provisions for stormwater runoff.
Utilities.
All public utility, electric, gas, cable television and telephone lines shall be installed underground.
Multiple-family developments shall be served exclusively by public water and sanitary sewer services. Connections to existing supply and disposal systems shall be approved by the appropriate authorities having jurisdiction thereof.
§ 290-55 Townhouse clusters and developments.
The Planning Board may approve a special use permit for townhouse clusters and developments in the R-1 Residential District, provided that the following standards and provisions are maintained:
General requirements. No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved. The following general requirements and standards shall govern the review and approval of site plans for townhouse clusters or developments:
Each townhouse dwelling unit shall be located, constructed and served by public facilities and services and utilities in such fashion that each dwelling unit may be sold individually.
Each individual dwelling unit in a townhouse cluster shall be separated from other such dwelling units by a fire wall. Such fire wall shall be of masonry construction, shall extend from the foundation to the roof and shall be unpierced.
Natural features, including streams, drainageways and existing trees, shall be preserved and incorporated in the landscaping of the development.
All utility lines which provide electric, gas, telephone, television or other similar services shall be installed underground. Surface-mounted equipment shall be located in a manner so as to minimize potential conflict with other uses and activities.
Plans submitted for townhouse developments shall identify areas proposed for dedication to the Village, areas to be held in common ownership and property to be owned by individuals.
Common property shall, except when accepted by the Village Board for dedication, be privately owned. Where property is to remain in common ownership, the developer shall provide for and establish an organization for the ownership and maintenance of such common property. Rules and regulations proposed to govern the operation and maintenance of all common property shall be submitted for review and approval by the Village Board. Common property shall not be changed from its status or use as common property without specific authorization of the Village Board. In reviewing proposals for the establishment of organizations to govern the ownership and maintenance of any common property, the Village Board shall consider and determine the adequacy of:
The timetable for the creation of the organization.
The requirements for membership in the organization by residents.
The safeguards to ensure the continuance of the common property as common property.
The liability of the organization for insurance, taxes and maintenance of all facilities.
The provision for pro rata sharing of costs and assessments.
The financial capacity of the organization to maintain and administer common facilities.
The proposed relationship between the developer and the organization and the plan to turn over the responsibility for the maintenance and administration of common facilities to the organization.
Minimum standards for townhouse clusters or developments.
Area. The minimum land area for townhouse clusters or developments shall be three acres.
Densities. The maximum density of residential development per gross acre of land (including roadways, pedestrian walkways, common recreation and off-street parking areas, open areas and all nonresidential areas) for townhouse clusters and developments shall not exceed 10 units per acre.
Open space. Not less than 25% of the land area within a townhouse cluster or development, excluding parking areas and vehicle access facilities, shall be developed and maintained as open space for the use and enjoyment of residents of said cluster or development and their guests.
Lot coverage. The coverage of all buildings and structures within a townhouse cluster or development shall not exceed 25% of the area of the tract.
Building height. No townhouse building shall exceed 32 feet in height.
Distance between buildings. The minimum distance between a townhouse dwelling building and any other structure, including a swimming pool, shall not be less than 25 feet.
Setbacks. No minimum front, side or rear setbacks shall be required within a townhouse cluster or development, except when dwelling units are positioned relative to a public street. Where a structure faces or abuts a public street, no part of the structure shall be located closer than 40 feet to the public right-of-way. No structure shall be set back less than 20 feet from any common parking area or a property line which serves as a boundary between the townhouse cluster or development and adjacent residential uses.
Setbacks from other districts. No structure within a townhouse cluster or development shall be located closer than 20 feet to any residential district boundary line. This setback shall be increased to 50 feet where the zone district boundary line abuts a C Commercial or I Industrial District.
Building standards.
No more than eight townhouse dwelling units shall be included in a single dwelling building.
No building shall exceed a maximum length of 240 feet on any exterior facade.
Townhouse dwelling buildings shall be related to one another in design, building mass, materials and placement to provide a visually and physically integrated development.
The treatment of the side and rear facades of all buildings in a development shall be comparable in amenity and appearance to the treatment of any building facade which faces a public street and complimentary in architectural design to adjacent residential structures.
Building walls shall be oriented so as to ensure adequate exposure of light and air to each dwelling unit and to the rooms within.
Buildings shall be arranged so as to preserve visual and audible privacy between each townhouse dwelling unit and adjacent townhouse buildings.
Building entranceways of adjacent dwelling units in the same structure shall be designed to ensure the privacy of occupants. This may be accomplished by varying the setbacks of entranceways or by providing screening or landscaped plantings, as appropriate.
Building entranceways shall be provided with appropriate illumination for the convenience and safety of residents. Such lighting shall be shielded to avoid glare disturbing other properties.
All townhouse dwelling units shall include ground-floor living space. The location of an enclosed garage shall not qualify as meeting this requirement.
Townhouse parking standards.
No less than two off-street parking spaces shall be provided for each townhouse dwelling unit.
The developer may meet the requirements for off-street parking by providing parking spaces in an enclosed garage, plus any combination of spaces on private driveways and/or in a common parking lot.
No common off-street parking lot or outdoor storage area shall be located closer than 25 feet to any adjacent property.
All off-street parking areas shall be privately owned and maintained.
Common off-street parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and the monotony of parked cars.
Common off-street parking areas shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access and shall be developed as an integral part of the overall site plan.
Common off-street parking areas shall be provided with suitable lighting for the convenience and security of residents, but positioned and shielded to minimize glare and potential inconvenience to residents of the townhouse cluster or development and adjacent properties.
Size of townhouse dwelling units. The gross habitable floor area for all townhouse dwelling units shall conform to the minimum requirements specified in Schedule I.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
Landscape site design standards.
Landscaping shall be provided along and adjacent to all streets, common driveway areas and common off-street parking areas. Landscaping treatments shall be designed, coordinated and installed in accordance with the site plan approved by the Planning Board.
Landscape treatment shall consist of shrubs, ground cover and street trees and shall be designed and installed to provide an attractive development pattern. Landscape materials selected should be appropriate to the growing conditions of the local environment.
Whenever possible, existing trees shall be conserved and integrated into the landscape design plan.
All landscaping, except for trees, shrubs and grasses, either existing or to be installed within the public right-of-way, shall be privately owned and maintained.
Site circulation system design standards.
Miscellaneous townhouse regulations.
No home occupations and no business activities of any type shall be permitted within a townhouse cluster or development.
No signs shall be permitted in a townhouse cluster or development, except for a single, illuminated, nonflashing nameplate sign, not more than two square feet in area, attached to the townhouse dwelling unit and bearing only the street number of the dwelling.
One temporary, advertising, ground-type sign pertaining only to the sale of a townhouse dwelling unit, provided that such sign shall not exceed six square feet in area. Such signs shall be located not more than 10 feet from the front entrance to the townhouse dwelling unit which is for sale and shall be removed within seven days after the execution of any agreement for the sale of the premises.
All fencing of common areas shall be shown on the site plan approved by the Planning Board.
Individual owners may erect privacy fences to enclose outdoor areas of individual dwelling units. Such fences may be up to six feet above ground level, provided that such fencing is located not less than 15 feet from a public street, common off-street parking or storage area or vehicular accessway thereto. Fencing which is closer than 15 feet to a public street or common off-street parking or storage area or vehicular accessway thereto shall not exceed three feet above ground level.
Except for land which is owned in common, no property owner shall erect or place an accessory building or structure on the premises.
The storage of any unregistered vehicles or other similar equipment out-of-doors overnight shall be prohibited, except in a common parking area.
Special accessory uses. The following special accessory uses may be established for the common and exclusive use of owners of townhouse residences and their guests. Such special accessory uses shall be operated on a not-for-profit basis and subject to the approval of the Planning Board.
Recreational facilities, such as open or enclosed tennis courts, exercise facilities, picnic areas, gazebos or swimming pools as regulated herein.
One structure to house maintenance shops and vehicles to be used exclusively for the maintenance and management of the townhouse development.
Common space for the exclusive use and convenience of residents of the townhouse cluster or development and their guests to park vehicles. Such common space shall be adequately landscaped and buffered so as to screen the site from adjacent areas and uses.
§ 290-56 Cluster residential developments.
The Planning Board may approve a special use permit for cluster residential developments of one-family detached dwellings in the R-1 Residential District, provided that the following standards and provisions are maintained:
A site development plan shall be submitted in conformance with the requirements of § 290-17 of this chapter.
The minimum tract size shall be 10 acres.
The lot size, yard, area and height requirements shall be established on an individual-case basis which reflects the unique conditions of each site proposed for development and the potential impact on adjacent properties and to ensure consistency with the Village Comprehensive Plan.
The number of lots or units (density of development) in a cluster plan shall not exceed that which could be created under a conventional development plan for the same tract of land.
The developers shall set aside an area of not less than 20% of the gross acreage of the tract to be devoted exclusively to permanent recreation areas or open space.
All recreation or open space areas shall, in the opinion of the Planning Board, be suitable for such use. The ownership and future maintenance of such recreation areas shall be subject to the approval of the Village Board or offered for dedication to the Village.
§ 290-57 Car wash establishments.
The Planning Board may approve a special use permit for car wash establishments, including both coin-operated vehicle washers and automatic vehicle washers, in the C-1 Commercial District, provided that the following standards and provisions are maintained:
Coin-operated vehicle washers. These washers are intended to be those where the vehicle operator washes the vehicle by using a hose which is geared to a coin-operated, timed mechanism.
The vehicle washing facility or customary uses or operations associated with the facility shall be located no closer than 200 feet to any residential district and shall be separated from a residential district by another nonresidential use.
All washing facilities shall be within a completely enclosed building which shall be designed in keeping with the facades of adjacent land uses.
Vacuuming facilities may be located outside the building but shall not be in the front yard and shall meet the respective setback requirements as required for the C-1 Commercial District. Such area shall be buffered or screened as deemed necessary by the Planning Board.
Off-street parking shall be provided on the property in the ratio of not less than four reservoir parking spaces entering each washing stall and three reservoir parking spaces at the exit from each stall, plus one space per employee.
Adequate drainage facilities shall be provided to prevent standing water on-site.
All off-street parking areas shall be hard-surfaced and dust-free.
Any lights used to illuminate the area shall be directed away from adjacent properties.
The hours of operation shall be determined by the Planning Board.
Automatic vehicle washers. These vehicle washers are intended to be those where the vehicle is either slowly driven through or pulled through by an automatic chain mechanism. This vehicle washer is one in which the vehicle operator does not perform any of the washing function other than to drive the vehicle where necessary.
The vehicle washing facility and customary uses or operations associated with the facility shall not be located closer than 300 feet to a residential district and shall be separated from a residential district by at least two other nonresidential uses.
All vehicle wash operations shall be so soundproofed, the entire development shall be so arranged and the operations shall be so conducted that the noise emanating therefrom, as measured from any point on the adjacent property, shall be no more audible than the noise emanating from the ordinary street traffic and from other commercial or industrial uses measured at the same point on said adjacent property.
There shall be provided no less than 10 reservoir parking spaces for the entrance to each washing area if there are two bays and seven if there are three or more bays and five parking spaces at the exit of each washing area. One parking space shall also be provided for each employee on the maximum shift.
Vacuuming facilities may be provided outside of the building but shall meet the setback requirements as required for the C-1 Commercial District. Such area shall be buffered or screened as deemed necessary by the Planning Board.
Adequate drainage facilities shall be provided to prevent standing water on-site.
Any lighting shall be directed away from adjacent properties.
All off-street parking areas shall be hard-surfaced and dust-free.
All washing operations shall be conducted within enclosed structures which shall be externally designed to be in keeping with the exterior facades of adjacent land uses.
Operators of car wash establishments may be permitted to sell gasoline on the site of the car wash property. The Planning Board, in considering such a request, may require the operator to submit additional information to adequately describe the location and operation of such activity and, as a condition of granting such approval, may impose any conditions it deems necessary to protect the health and safety of motorists and pedestrians and to protect adjacent properties from potential adverse impacts of such use. Under no conditions shall the operator be allowed to perform repairs to motor vehicles on the site. Further, any merchandise available for sale shall be maintained within a fully enclosed building.
§ 290-58 Home occupations.
The Planning Board may approve a special use permit for a home occupation in the R-1 Residential District, provided that the following standards are maintained:
No more than one person other than a member of the immediate family occupying such dwelling shall be employed as part of the home occupation.
A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use. Home occupations may occupy either up to 30% of the gross floor area of the residence to be used for the conduct of a home occupation or profession or up to 40% of the floor area of an accessory structure, but not both.
In no way shall the appearance of the structure used for the home occupation be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting or signs or the emission of sounds, noises or vibrations.
No outdoor display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.
No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
Not more than one home occupation shall be permitted for each residential property.
Subject to the provisions of this chapter, home occupations shall be limited to the following uses:
§ 290-59 Rooming houses.
The Planning Board may approve a special use permit for a rooming house in the R-1 Residential District, provided that the following standards and provisions are maintained:
No rooming house shall provide shelter for more than four tenants who are not members of the household unit.
Off-street parking shall be provided as follows: at least two spaces for the family or household unit residing on the premises, plus not less than one additional space for each roomer.
One sign up to four square feet in area may be permitted on the premises. If freestanding, such sign shall not exceed four feet in height. Such sign may not be illuminated, except indirectly.
The Planning Board shall specify the minimum amount and location of buffer screening to ensure that the use does not create a nuisance for adjoining property owners.
§ 290-60 Windmills or wind generators.
The Planning Board may approve a special use permit for a windmill or wind generator in the R-1 Residential District, provided that the following standards and provisions are maintained:
In addition to the application requirements specified for site development permits in § 290-17, the site plan proposals for a windmill or wind generator shall also show:
Location of tower on-site and tower height, including blades, rotor diameter and ground clearance.
All utility lines, both above and below ground, within a radius equal to the proposed tower height, including blades.
Dimensional representation of the various structural components of the tower construction, including the base and footings.
Design data indicating the basis of design, including manufacturer's dimensional drawings, installation and operation instructions.
Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind load requirements for structures.
No windmill, including blades, shall extend more than 75 feet above the average ground level measured at the base of the tower.
No more than one windmill or tower shall be permitted as an accessory use to any property.
No windmill shall be erected in any location where its overall height, including blades, is greater than the distance from its base to any property line.
Access to the tower shall be limited either by means of a fence six feet high around the tower base with a locking portal or by limiting tower climbing apparatus to no lower than 12 feet from the ground.
No windmill shall be installed in any location along the major axis of an existing microwave communications link where the operation of the windmill is likely to produce an unacceptable level of electromagnetic interference, unless the applicant provides sufficient evidence satisfactory to the Planning Board indicating the degree of expected interference and the possible effect on the microwave communications link.
All sites proposed for windmills shall have sufficient access to unimpeded air flow for adequate operation. The Siting Handbook for Small Wind Energy Conversion Systems, PNL 2521, or other nationally recognized reference, should be used as a guide in siting the location of towers.
No windmill shall be installed in a location where the impact on the neighborhood character is determined by the Village Board to be detrimental to the general neighborhood character.
If the windmill is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by the local power company.
Towers shall be located in either a rear or side yard. Applicants seeking a side yard siting shall demonstrate that such a location is essential to the viability of the proposed investment.
Guy wires and anchors for towers shall not be located closer than 10 feet to any property line.
All windmills shall be designed with an automatic brake to prevent over-speeding and excessive pressure on the tower structure.
The minimum distance between the ground and any protruding blades shall not be less than 10 feet as measured at the lowest point of the arc of the blades.
§ 290-61 Residential conversions.
The Planning Board may approve a special use permit for the conversion of an existing structure for residential occupancy by two or more families living as separate and independent housekeeping units in the R-1 Residential District, provided that the following standards and provisions are maintained:
Any building proposed to be converted to create additional living units shall have not less than 2,000 square feet of gross floor area.
No more than four living units shall be created by conversion within any individual structure.
The conversion shall comply with the requirements of the Uniform Code and this chapter.
For each additional dwelling unit proposed to be created by a conversion, the minimum lot size shall exceed the minimum required for two dwelling units by 10%.
The Planning Board shall determine that water supply and sanitary sewer services are adequate to support the additional density.
The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.
Not less than two off-street parking spaces shall be provided for each independent housekeeping unit.
The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to be provided to ensure that the use does not create a nuisance for adjoining property owners.
§ 290-62 Two-family dwellings, including duplexes.
The Planning Board may approve a special use permit for application for the use of land for two-family dwellings, including duplex residential structures, in the R-1 Residential District, provided that the following standards and provisions are maintained:
The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in the Schedule of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
Each dwelling unit shall be served with separate utility meters and shutoff valves.
In cases where eight or more structures are planned for a subdivision, the Planning Board shall carefully consider the need for two access points to the subdivision and require them, if needed.
Each structure shall have its own individual driveway access to a public street.
Each dwelling unit shall have not less than two off-street parking spaces.
The minimum living area to be provided in each dwelling unit shall equal or exceed the minimum area required for single-family dwellings.
Each structure shall be landscaped to effectively screen dissimilar uses from one another and to protect and enhance the overall quality of the existing neighborhood.
The Planning Board shall determine that the neighborhood character of the site proposed for duplex units is appropriate for such use and that plans for water supply, sewage disposal and storm drainage are capable of serving the proposed use.
The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.
The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to be provided to ensure that the use does not create a nuisance for adjoining property owners.
No site preparation or construction shall commence until final site approval has been granted by the Planning Board and permits issued by all governmental agencies involved.
§ 290-63 Tourist homes/bed-and-breakfast establishments.
The Village Board may approve a special use permit for tourist homes/bed-and-breakfast establishments in the R-1 Residential District, provided that the following standards and provisions are maintained:
The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in the Schedule of this chapter for single-family dwellings.[1]
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
The building proposed for occupancy as a tourist home shall contain no more than four lodging rooms for hire.
The operator of the tourist home shall reside on the premises and shall be the only permanent occupant on the premises.
The applicant shall meet the requirements of the Uniform Code.
Off-street parking space shall be provided as follows: At least two spaces shall be provided for the family residing on the premises, plus not less than one additional space for each lodging room.
One sign, up to eight square feet in area, may be permitted on the premises. The sign may be freestanding or mounted on the building. If freestanding, the sign shall not be more than four feet in height measured from the ground to the top of the sign. Such signs may not be illuminated, except indirectly.
The exterior of the building shall be maintained consistent with the character of the area.
The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to ensure that the use does not create a nuisance for adjoining property owners.
§ 290-64 Commercial recreation uses.
The Planning Board may approve a special use permit for commercial recreation uses in the C-1 Commercial District, provided that the following standards and provisions are maintained:
The applicant shall submit a written statement which sets forth the details of the operation of the proposed use.
The minimum tract size for such a use shall be five acres, with not less than 300 feet of frontage on each highway which fronts the site.
The Planning Board shall determine that the physical character of the site is adequate to accommodate the proposed use and that plans for water supply, sewage disposal and storm drainage are capable of meeting anticipated demands.
The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.
Prior to granting a special use permit for such uses, the Planning Board may impose any conditions deemed reasonable or appropriate with respect to improving the design quality of the proposed use or to minimize the impact of such uses on adjacent properties.
The regulations of Article XII shall govern the location, size, number and characteristics of signs for such uses.
A letter of credit shall be established and provided prior to final approval of commercial recreation uses to assure that all parking, entrances, exits, facilities and services are installed as required and proposed.
A landscaped buffer strip not less than 50 feet in depth shall be provided along the periphery of the proposed use. This landscaped buffer shall be provided in addition to the setback requirements. The buffer strip shall include materials and be perpetually maintained by the developer or owner to provide a visual screen between the proposed use and adjoining properties and shall be used for no other purpose.
Lighting shall be provided in a manner so as to minimize potential disturbances to adjacent properties.
No commercial recreation use and no driveway to any such use shall be located within 300 feet of the boundary line of any residential district or within 300 feet of any parcel used for a public or private school, public library, church or hospital.
§ 290-65 Mobile home parks.
The Planning Board may approve a special use permit for mobile home parks in the R-1 Residential District, provided that the following standards and provisions are maintained:
No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.
In addition to the information required in the special permit application and enumerated in § 290-17 herein, the site plan and supporting information submitted shall also include the following:
The names and addresses of all applicants, if an individual or partnership, and the names and addresses of principal officers, if a corporation.
The name and address of the owner of the land upon which the mobile home park is to be located.
Location map.
Drawing(s) of the proposed mobile home park indicating how it is to be designed, including the proposed layout of streets and sidewalks, individual lots, parking areas and the location of storage facilities, so as to be in conformity with the requirements of this chapter.
An indication of existing topography and drainage patterns, including wet or swampy areas.
A copy of all contemplated park rules, regulations and covenants; a list of management and tenant responsibilities; a written statement of any entrance and exit fees, utility connection fees or any security deposits to be charged.
Such further information as the developer may feel is necessary to describe his intent and ability to comply with the environmental, health and safety standards of this chapter.
The owner of any mobile home park existing prior to the adoption of this chapter shall apply for a special use permit within one year from the date of adoption of this chapter, and such permit shall be subject to the terms and conditions specified in § 290-50E specified herein.
Upon initial application for a preexisting mobile home park, the Code Enforcement Officer or designee shall issue a temporary special use permit valid for two years and shall serve notice on the park owner of any safety and/or sanitary violations of this chapter which may exist. The Code Enforcement Officer or designee shall specify the actions to be taken to correct these violations and the time within which these violations shall be corrected. Any additions to the park shall comply with the provisions of this chapter.
Site location.
Neighborhood. In no case shall a permit be issued for a mobile home park if it is determined that the proposed location for said use would be inconsistent with the goals of the Village's Comprehensive Plan; in an area that would have an adverse impact on the character of the existing neighborhood; or in an area subject to objectionable smoke, odor or other similar adverse environmental influence.
Relationship to major roads. Mobile home park plans shall include a sketch of the site as it relates to major traffic arteries with indications of anticipated traffic patterns to the park.
Natural features.
General requirements. Topography, groundwater level, surface drainage and soil conditions shall not be such as to create hazards to the property or to the health and safety of the occupants. No developed portion of the site shall be subject to excessive settling or erosion. A sloping site should be graded to produce terraced lots for the placement of the mobile home units and, in general, units should be placed parallel rather than perpendicular to the slope.
Surface drainage. Mobile home park plans shall show all proposals for changes in existing surface drainage patterns. All parks shall be graded to prevent ponding of surface water. If any part of the site is located in a floodplain, no structure or mobile home shall be located on any land designated as an area of special flood hazard.
Soils. Soils shall have sufficient bearing and stability properties to provide adequate support for mobile home installations. Topsoil should be of sufficient depth to sustain lawns, trees and other vegetation.
Natural features. Mobile home park plans shall show existing tree masses or trees over six inches in diameter, hedgerows and other notable existing natural features, such as streams or rock formations. Such natural features shall be retained as much as possible in the site plan, and densities shall be reduced, if necessary, to permit such retention.
Site area, lot layout and unit placement.
Site area. The minimum site area for a mobile home park shall not be less than 25 acres.
Required separation. Mobile home units may be positioned in a variety of ways within a park, provided that a separation of not less than 25 feet is maintained between units.
No mobile home shall be placed within 100 feet of any property line or right-of-way line of any public street which abuts the mobile home park.
Density. The density of development in a mobile home park shall not exceed six units per gross acre.
Lot and yard requirements. The minimum size of lots and yard requirements in a mobile home park shall be:
Lot area per mobile home: 8,000 square feet.
Front yard setback from the pavement of internal mobile home park streets: 20 feet.
Side yard setback from mobile home lot line: 15 feet.
Rear yard setback from mobile home lot line: 20 feet.
Minimum width of mobile home lot: 80 feet.
Minimum distance from any mobile home lot to any highway right-of-way line: 50 feet.
Minimum distance from any mobile home lot to any property line adjoining the mobile home park: 100 feet.
Size of individual homes. The minimum size of any individual mobile home in a park shall not be less than 720 square feet.
Vehicular circulation and storage.
Park road layout. A drawing of the proposed park road layout, including connections to be made to adjacent existing roads or highways, shall be included in all mobile home park plans. Straight, uniform, gridiron road patterns should be avoided unless they can be relieved by mobile home clustering, landscaping and an interesting open space system.
Park road construction. All roads within a mobile home park shall conform to the right-of-way requirements and construction specifications of the Village of Manchester.
Off-street parking. Each mobile home shall have a minimum of two parking spaces. Parking facilities may be provided so that each mobile home lot would have one off-street parking area. A common parking area may be utilized for second-vehicle parking and guest parking and for delivery and service vehicles. In order to provide adequate space for access drives and aisles, each parking space in a common parking area shall have not less than 280 square feet. No on-street parking shall be permitted within a mobile home park.
Storage space for auxiliary vehicles. Parking spaces meeting the provisions of this chapter shall be provided for all park service buildings. No boats, camp haulers, trailers or motor vehicles not designed for passengers shall be parked or stored at any place within the mobile home park except in designated areas. No unlicensed motor vehicles or trailers or parts thereof or junk of any nature or description shall be parked or stored within a mobile home park.
Park entrance; mobile home lot adjacent to park entrance. No mobile home lot shall be located less than 100 feet from the intersection of a park entrance road and a public highway and no private mobile home driveway shall make a direct connection with an existing public highway.
Accessory buildings on individual lots; extensions or enclosures.
Each individual mobile home lot shall be permitted to have one accessory building not exceeding 100 square feet. All accessory buildings shall comply with the provisions of this chapter and the standards of the Uniform Code.
Accessory buildings may be of a preconstructed material and shall be located uniformly with respect to all lots.
All enclosures shall be provided with a floor and a base of cement, asphalt or equivalent. Such enclosure must comply with the Uniform Code. A building permit shall be obtained prior to construction of any enclosures or extensions.
Mobile home stand.
Support of the mobile home unit. Each site shall be provided with a stand which will give a firm base and adequate support for the mobile home. Such stand shall have a dimension approximating the width and length of the home and any expansions or extensions thereto. Anchored tie-downs shall be provided at least on each corner of the stand.
The stand area shall be graded to ensure adequate drainage, but in no event shall the grade variance exceed six inches from one end of the stand to the other.
Entrance platform. Each mobile home shall be provided with an entrance platform of concrete, asphalt or the equivalent, at least eight feet by 10 feet and four inches in depth. This platform shall be located at the main entrance to the mobile home and may act as a base for railings and steps for the mobile home. This platform may also be part of the patio area.
Skirting. Each mobile home owner shall be required to enclose the bottom portion of the mobile home with either a suitable skirt or enclosure within 10 days after arrival in the park. Such skirts shall be uniform in appearance, design and type.
Roadways and streets.
The width of all internal streets shall be not less than 24 feet.
The width of any access road connecting the mobile home park street system with a public highway shall have a paved width of not less than 30 feet for a distance of at least 100 feet into the park.
Culs-de-sac with safe and convenient turning radii shall be provided within the internal street system in lieu of closed-end streets.
All streets shall have concrete curbs and gutters.
Each street shall be named, and each mobile home lot therein given a permanent number which shall be affixed to the mobile home and shall be visible from the street.
Park facilities and activities.
If park facilities and activities, such as meeting rooms, recreation buildings, administrative and management facilities, laundry rooms and swimming pools are to be included in the mobile home park, the application and supporting site plan shall include details of these facilities and the owner's statement of intent to provide adequate supervision and management of such facilities and activities.
All park facilities and activities shall be landscaped with trees, shrubs and grass and shall provide adequate paved off-street parking space.
Park facilities and activities shall be located and designed in a manner that will be a visual asset to the mobile home park and compatible with the residential character of the park.
Service buildings and administrative and management facilities shall be consolidated so as to require as few buildings as possible.
Open space treatment and park amenities.
Open space and developed recreation areas. Each mobile home park shall provide not less than three acres of land for recreation space. This space shall be designed to be accessible to park residents and the general public. All areas designated for open space use shall be approved by the Planning Board and stabilized by grass or other forms of ground cover which will prevent dust and muddy areas.
Buffer zones. Mobile home parks shall be buffered from adjacent properties by a hedge or similar landscaped screen which will rapidly reach a height of at least six feet. A combination of landscaping and decorative fencing may be substituted, provided that the height requirement is met and considerable landscaping is used.
Soil and ground cover requirements. Exposed ground surfaces in all parts of any mobile home park shall be paved, surfaced with crushed stone or other solid material or protected with grass or other ground cover capable of preventing erosion and of eliminating objectionable dust.
Trees. At least one tree shall be planted on each mobile home lot if no such tree already exists. Planted trees shall have a caliper of at least two inches at the date of planting.
Walkways. Each mobile home stand shall be provided with a walkway leading from the stand to the street or to a driveway or parking area connecting to the street. Walkways shall be constructed in accordance with the construction specifications of the Village of Manchester.
Fencing. If fencing of individual lots within the park is to be provided by the mobile home occupant, standards shall be prepared by the park operator so that consistency can be maintained. Specifications for fencing shall be submitted to the Planning Board for approval.
Park lighting. All parks shall be furnished with adequate lights to illuminate streets, driveways and walkways for the safe movement of vehicles and pedestrians at night. Electric service to such lights shall be installed underground and decorative lighting fixtures shall be used where possible.
Electrical distribution system.
General requirements. Every park shall contain an electrical wiring system consisting of wiring fixtures, equipment and appurtenances which shall be installed and maintained in accordance with the local electric power company's specifications and regulations. All wiring fixtures and connections shall be approved by an electrical inspection agency approved by the Village.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Specific requirements.
Solid waste disposal.
The storage, collection and disposal of solid waste in the mobile home park shall be conducted as to prevent health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.
If group solid waste storage areas are provided for park occupants, they shall be enclosed or otherwise screened from public view and shall be rodent- and animal-proof and located not more than 300 feet from any mobile home site they are to serve.
Containers for the storage of solid waste shall have tight-fitting covers and shall be provided in sufficient number to adequately store all solid waste produced.
Regular pickup of solid waste shall be provided for all rubbish, trash and garbage generated by park residents.
No burning of garbage or refuse of any kind shall be permitted.
Fuel systems. All mobile home parks shall be provided with facilities for the safe storage of necessary fuels. All systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
Natural gas installations shall be planned and installed so that all components and workmanship comply with the requirements of American Gas Association, Inc., and conform to the requirements, inspections and approval of the utility which will supply this product.
Heating systems with common supplies shall be designed, constructed, inspected and maintained in conformance with the provisions of National Fire Protection Association, Standard 30. In the event that a park system which requires pumping for fuel distribution is planned, a backup pump shall be required.
Liquefied petroleum gas systems shall be selected, installed and maintained in compliance with the requirements of the National Fire Protection Association, Standard 58. Liquefied petroleum gas tanks shall be located to the rear of the mobile home site and shall be landscaped and screened from public view.
Fire protection.
The mobile home park plan shall include a list of the applicable rules and regulations of the fire district wherein said park is located and shall comply with such rules and regulations.
Fire hydrants shall be installed in accordance with the requirements of the district and inspected and approved by the Superintendent of Public Works.
Mail service.
Mailbox location shall provide safe and easy access for the pickup and delivery of mail.
Grouped mailboxes for cluster delivery shall be located in a way that will not require stopping on a public right-of-way for pickup.
When mailboxes are grouped together for some form of cluster delivery, such groupings shall be suitably landscaped.
Commercial sales of mobile homes.
The display and sale of mobile homes for commercial purposes shall not be permitted in any mobile home park unless such sales area is located within the interior of the mobile home park and does not front on a public street.
No display area for the commercial sale of mobile homes shall be located at the park entrance.
Areas designated for the commercial sale of mobile homes shall be surfaced with asphalt or other hard, dust-free surface and should contain a minimum of six off-street parking spaces for customers.
All commercial sales areas shall be landscaped and buffered from adjacent mobile home units and other residential areas by a dense hedge or topographical changes or divisions acceptable to the Planning Board. A combination of landscaping and decorative fencing may be substituted.
Sales of individual mobile homes.
No mobile home lot shall be sold within a mobile home park.
No individual mobile home shall be offered for sale, displayed for sale or sold within a mobile home park unless such mobile home is connected to all operating utilities and is on a lot within the mobile home park which meets all the conditions of this chapter.
Signs. All signs in a mobile home park shall comply with the provisions of Article XII of this chapter.
Park owner responsibilities and restrictions. The person to whom a special use permit for a mobile home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its common grounds, streets, facilities and equipment in good repair and in a clean and sanitary condition.
Management; duties of permittee. Every mobile home park shall be under the direct management of the owner or permittee or his agent or representative. Such person or persons shall:
Operate such park from an office located within such park.
Maintain a bound book containing a record of the names of all persons accommodated at the park, their home addresses and their ages.
Hold all such records open and available to any authorized person inspecting the park.
Maintain an accurate record of the make, model number and year of each mobile home in the park.
Operate such park in compliance with this chapter and provide adequate supervision to maintain the park and keep its facilities and equipment in good repair and in a clean, sanitary condition.
Provide for adequate snow removal on all private streets and ensure adequate access for fire and emergency vehicles at all times.
Provide the Tax Assessor, within 20 days following the approval of any manufactured home park, such information as may be requested by the Tax Assessor and also notify the Tax Assessor within 20 days following the departure of any mobile home from the park.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Transfers.
Any person holding a permit to operate a mobile home park shall not transfer said permit until such time as the Code Enforcement Officer or designee shall have an opportunity to examine said park to determine if it complies with this chapter and other rules and regulations. If approved by the Code Enforcement Officer or designee, the Code Enforcement Officer or designee then shall issue a permit transfer upon payment of a transfer fee established by the Village Board. No permits shall be transferred or assigned without written permission of the Village Board.
No transfer shall be approved unless and until all violations which may be found by the Code Enforcement Officer or designee are corrected.
§ 290-66 Junkyards.
The Planning Board may approve a special use permit for a junkyard in the I-2 General Industrial District, provided that the following standards and provisions are maintained:
No site preparation or construction shall commence nor shall any materials, equipment, vehicles or articles to be stored or made available for sale be brought to the property until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.
The minimum tract size for such a use shall be 10 acres with not less than 400 feet of frontage on each highway which fronts the site.
No storage of any materials, equipment, vehicles or any articles associated with the operation of a junkyard shall be permitted within 100 feet of any property line.
All materials, equipment, vehicles or any articles associated with the operation of a junkyard shall be stored within an area fully enclosed by a solid fence not less than six nor more than eight feet in height on all sides. Said fence shall be set back not less than 100 feet from the property line bordering the proposed junkyard. The Planning Board may require the applicant to plant shrubs, turf or other landscaping between the fence and the property lines to buffer the intended use from adjacent properties.
§ 290-67 Multiple-family dwellings.
The Planning Board may approve a special use permit for the use of land for multiple-family dwellings in the R-1 Residential District, provided that the following standards and provisions are maintained:
The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in § 290-54, Multiple-family developments.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No more than eight living units shall be included within any structure.
The Planning Board shall determine that water supply and sanitary sewer services are adequate to support the proposed use.
The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.
Not less than two off-street parking spaces shall be provided for each independent dwelling unit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to be provided to ensure that the use does not create a nuisance for adjoining property owners.
No site preparation or construction shall commence until final site plan approval has been granted by the Planning Board and permits issued by all government agencies involved.