Milan City Zoning Code
CHAPTER 1169
Conditionally Permitted Uses
1169.01 PURPOSE; CONDITIONAL ZONING PERMIT.
(a) Purpose. Until recent years, the regulation of all uses of land and structures through zoning has been accomplished by assigning each use to one or more use districts. However, the functions and characteristics of an increasing number of new kinds of land uses combined with conclusive experience regarding some of the older, familiar kinds of uses call for a more flexible and equitable procedure for properly accommodating these activities in the community. It should be recognized that the forces that influence decisions regarding the nature, magnitude and location of such types of land use activities are many and varied, depending upon functional characteristics, competitive situations and the availability of land. Rather than assign all uses to special, individual and limited zoning districts, it is important to provide controllable and reasonable flexibility in requirements for certain kinds of uses that will allow practicable latitude for the investor, but that will, at the same time, maintain adequate provision for the security of the health, safety, convenience and general welfare of the community's inhabitants.
(b) Conditional Zoning Permit. In order to accomplish such a dual objective, provision is made in this Zoning Ordinance for a more detailed consideration of each of certain specified activities as it may relate to proposed conditions of location, design, size, operation, intensity of use, generation of traffic and traffic movements, concentration of population, processes and equipment employed, amount and kind of public facilities and services required, together with many other public facilities and services required and other possible factors. Land and structure uses possessing these particularly unique characteristics are designed as conditionally permitted uses and are permitted through the issuance of a conditional zoning permit with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare.
(Ord. 270-09-02. Passed 9-10-02.)
1169.02 APPLICATION; FEE.
Any application for a conditional zoning permit for any land or structure or use permitted under this Zoning Ordinance shall be submitted in accordance with the following procedures:
(a) Application. Any application shall be submitted to the Planning Commission on a special form for that purpose. Each application shall be accompanied by the payment of a fee as indicated herein.
(b) Data Required with Application.
(1) The form supplied by the Planning Commission completed by the applicant.
(2) A site plan, plot plan or development plan of the entire property being considered, drawn to a reasonable scale and showing the location of all abutting streets, the location of all existing and proposed structures, the types of buildings and their use.
(3) Complete plans and specifications for all proposed structures, the types of buildings and their use.
(4) A statement supported by substantiating evidence regarding the requirements enumerated in Section 1169.03.
(c) Review. The Planning Commission shall review the proposed development, as presented on the submitted plans and specifications in terms of the standards established in this Zoning Ordinance. Such review shall be completed and made public within forty-five (45) days of the first regular monthly meeting of the Planning Commission following the submission of such application. If the application is submitted at a regular monthly meeting of the Planning Commission, then the forty-five (45) day period shall begin the date of submittal.
(d) Hearing. After adequate review and study of any application the Planning Commission shall hold a public hearing or hearings upon every application after at least one publication in a newspaper of general circulation in the Village at least ten (10) days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing.
(e) Issuance and Revocation; Violation and Penalty. Only upon the conclusion of hearing procedures relative to a particular application may the Planning Commission issue a conditional zoning permit. The breach of any condition, safeguard, or requirement shall automatically invalidate the permit granted, and shall constitute a violation of this Zoning Ordinance. Such violation shall be punishable as per Section 1129.05
(b).
(f) Reapplication. No application for a conditional zoning permit which had been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Planning Commission.
(g) Fee. The fee for a conditional zoning permit shall be twenty-five dollars ($25.00) and additionally when the Planning Commission finds it necessary to maintain a strict record of public procedures, or when the Planning Commission deems it necessary to cause special studies to be made, the applicant shall bear all direct and related costs.
(Ord. 270-09-02. Passed 9-10-02.)
1169.03 STANDARDS FOR DETERMINATION.
(a) The Planning Commission shall establish that, based upon a preponderance of the evidence, the general standards and the specific standards pertinent to each use indicated herein shall be satisfied by the completion and operation of the proposed development. The Planning Commission may also impose such additional conditions and safeguards as deemed necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this Zoning Ordinance shall be observed.
(b) The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use on the proposed location shall:
(1) Be harmonious with and in accordance with the general objectives or with any specific objective of the Erie County Comprehensive Plan when adopted.
(2) Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and that such a use shall not change the essential character of the same area.
(3) Not be hazardous or disturbing to existing or future neighboring uses.
(4) Not be detrimental to property in the immediate vicinity or to the community as a whole.
(5) Be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, or schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.
(6) Be in compliance with Village Subdivision Regulations, the Erie County Board of Health Standards and the Village Building Code.
(7) Have vehicular approaches to the property which shall be so designated as not to create any interference with traffic on surrounding public streets or roads.
(Ord. 270-09-02. Passed 9-10-02.)
1169.04 SPECIFIC STANDARDS.
The following standards shall regulate the existence of conditionally permitted uses within the Village:
(a) In the case of group housing or other multi-family dwelling structures the lot size and lot frontage requirements may be reduced providing that the net residential population density shall not exceed that indicated in the purpose of that district in which the proposed group housing district is to be located.
(b) All structures, except minor structures such as utility poles and meters, and activity areas shall be located at least 100 feet from all property lines.
(c) Loudspeakers which cause a hazard or annoyance shall not be permitted.
(d) Recreational facilities shall be provided as deemed necessary in the opinion of the Planning Commission.
(e) All points of entrance or exit shall be located no closer than 100 feet from the intersection of two major streets.
(f) There shall be no more than one directional advertisement oriented to each abutting road identifying the activity.
(g) No lighting shall constitute a nuisance and in no way shall lighting impair the safe movement of traffic on any street or highway.
(h) The structures designated in Section 1145.02(e) shall be located on a secondary or minor street.
(k) Recreational uses shall not require costly or uneconomic extensions of utility services at the expense to the community.
(l) All site plans for group housing developments and apartment houses shall be approved by the Planning Commission and authorized by Council.
(m) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, and individual or to the community in general.
(n) Such uses shall be permitted under the following conditions:
(1) Such facilities shall be located at the extremity of the business district 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) Such facilities shall be for the purpose of servicing motor vehicles under one and one-half tons rated capacity, excluding the dispensing of fuel and lubricants, cooling system and ignition service, sale and installation of batteries, lamps, fan belts, spark plugs, tires, and accessories not requiring a change in the chassis, body or engine of the vehicle, and the repairing of flat tires, which shall be allowed regardless of vehicle tonnage.
(3) All activities, except those required to be performed at the fuel pumps, and car washing shall be carried on inside a building; if work is performed on a vehicle, such vehicle shall be entirely within a building.
(4) No more than two driveway approaches shall be permitted directly from any thoroughfare, each of which shall not exceed thirty feet in width at the property line.
(5) If the property fronts on two or more streets, the driveways shall be located as far from the street intersection as practicable.
(6) A six inch high pedestrian safety curb shall be installed along all street lines except at driveway approaches.
(o) The standards shown in the following table shall be the minimum dwelling unit floor space standards for apartments in the R-2 Residential District.
Number of Bedrooms | Living Room (sq. ft.) | Dining Space (sq. ft.) | Bath Room (sq. ft.) | Closet Space (sq. ft.) | Utility Space (sq. ft.) | First Bedroom (sq. ft.) | Second Bedroom (sq. ft.) | Third Bedroom (sq. ft.) |
1 | 150 | 40 | 70 | 10 | 10 | 100 | ||
2 | 150 | 50 | 70 | 15 | 15 | 100 | 70 | |
3 | 165 | 60 | 70 | 20 | 20 | 100 | 100 | 70 |
Variations of twenty percent (20%) of the above listed floor space requirements are allowable as long as the total square feet of floor area of the dwelling unit equals the total square footage of the rooms required in the above table for the applicable number of bedrooms.
(Ord. 497-02-09. Passed 2-3-09.)