General industrial district use regulations. Buildings and land shall be used, and buildings shall be designed, erected, altered, moved and maintained, in whole or in part, only for the purposes set forth in the following schedule of permitted main and accessory buildings and uses, and only in accordance with the regulations contained in this subchapter.

   (A)   Permitted uses. In the industrial district, land shall be used and buildings shall be designed, erected, altered, moved, or maintained only for the purposes set forth in the following schedule of permitted main and accessory buildings and uses, and only in accordance with the regulations contained in this subchapter.

      (1)   Main building use.

         (a)   Services, sales, and storage establishments limited to:

            1.   Those buildings or uses permitted in the B-2 district in § 151.40(B)(2), (3), and (4).

            2.   Railroad yards, transload facilities and storage yards for materials and containers transported by rail.

            3.   Printing, publishing, and engraving.

            4.   Truck terminals, including office, warehouse and storage.

            5.   Trade/contractor's facility including carpenter, cabinetry, upholstering, sheet metal, plumbing, heating, roofing, air conditioning, sign painting, landscaping, general contracting, and other similar facilities.

            6.   Products from previously and elsewhere prepared materials (i.e. cardboard, cellophane, clay, cloth, fibers, glass, leather, metals, paper, plastic, precious or semi-precious metals and/or stones, rubber, wax or wood).

            7.   Distributor warehouse and wholesale business establishments.

            8.   Mini-storage and warehouse.

            9.   Contractor equipment storage yard or rental equipment.

         (b)   Manufacturing, compounding, processing, cleaning, servicing, testing, storage and repair activities.

            1.   Clocks, cutlery, and kitchen utensils.

            2.   Electric equipment such as fans, irons, lighting fixtures, motors, radios, television sets, toasters, and other household appliances.

            3.   Hand tools and builders' hardware.

            4.   Engineering, medical, and scientific instruments and electronic and mechanical control and communication devices and equipment.

            5.   Sporting goods and athletic equipment.

            6.   Paper and allied products.

            7.   Musical instruments, toys, novelties, and other similar small rubber, plastic or metal products.

            8.   Preparation and processing of food and drink products, cosmetics, pharmaceuticals, and toiletries (except when such operation would create a hazard or common-law nuisance beyond the confines of the building). Slaughter houses or processes which manufacture sauerkraut, vinegar, yeast and rendering or refining of fats or oils shall not be permitted.

            9.   Plastics manufacturing, molding and shaping or other chemical processing and packaging.

            10.   Fabricated metals and machine shops, including machine shop operations for stamping, tool and die, gauge, blacksmith operations, welding or similar types of operations.

            11.   Fabrication of furniture and cabinets.

            12.   Vehicle assembly and major repair.

            13.   Natural gas and natural gas by-products.

            14.   Pottery, figurines or other ceramic products.

            15.   Electric and neon signs, billboards and other such structures.

            16.   Rag, carpet or rug cleaning.

            17.   Steel and/or specialty metal production.

         (c)   Research and exploration.

            1.   Experimental testing and research facilities provided no testing or experimentation creates a hazard beyond the confines of the building. There shall be no processing handling, storage, or dispensing of nuclear or radioactive waste.

            2.   Mainstream and alternative energy testing, research, storage and offices to include, solar, oil and gas, geothermal, compressed natural gas, biofuel, liquefied natural gas, hydrogen and fuel cells provided no practices create a hazard beyond the confines of the building.

         (d)   Community facilities.

            1.   College, University, Technical, Business, or Trade school-public and private.

            2.   Public service, safety, maintenance and storage facilities.

         (e)   Signs, as permitted and regulated in § 151.15.

      (2)   Accessory building or use.

         (a)   Storage of materials and products within enclosed buildings or in open yards and other processes clearly incidental to the main use.

         (b)   Maintenance facilities.

         (c)   Storage garages.

         (d)   Off-street parking and loading areas, as provided for in § 151.14.

         (e)   Sign regulations. Signs in any industrial district shall be designed, erected, altered, moved or maintained, in whole or in part, in accordance with the regulations set forth in §§ 151.05 and 151.15.

         (f)   Fencing and screening, as regulated in § 151.14(J). (Ord. 895, passed 2-18-64) Penalty, see § 151.99

   (B)   Lot and height regulations. Lot area and lot width for the foregoing permitted uses shall be sufficient to provide space for the main and accessory buildings and to provide such space as is necessary to satisfy the yard and off-street parking and loading requirements of this chapter. The minimum lot frontage shall be 30 feet.

      (1)   Main and accessory use buildings shall be designed, erected, altered, moved, or maintained in accordance with the regulations set forth in the following schedule:

 

 

      (2)   Building setbacks for main and accessory use structures shall be maintained in accordance with the regulations set forth in the following schedule:

 

 

   (C)   General landscape yard buffer and parking regulations.

      (1)   Landscape buffer yard for industrial uses:

 

 

      (2)   Plant material for landscape buffers yards shall be laid out as follows:

         (a)   Shade trees shall be spaced a minimum of ten feet on center and a maximum of 40 feet on center. An irregular spacing and grouping of plant material shall be utilized to create a more natural than man-made screen. Trees must be spaced out the entire length of the buffer yard area and not congregated in one area.

         (b)   Evergreen trees shall be spaced a minimum of eight feet on center and a maximum of 20 feet on center. An irregular spacing and grouping of plant material shall be utilized to create a more natural than man-made screen. Trees must be spaced out the entire length of the buffer yard area and not congregated in one area.

         (c)   Buffer lawn (side and rear yards only). A 'no-mow' lawn mix may be utilized, and is recommended, for a natural appearance and reduced maintenance activities.

      (3)   Front landscape buffer yard requirements:

         (a)   Adjacent to a non-residential district five trees and 20 shrubs per 100 feet of frontage.

         (b)   Adjacent to a residential district eight trees and 30 shrubs per 100 feet of frontage.

         (c)   In the side and rear yard buffers, a mix of 30% evergreen trees and 70% deciduous shade trees shall be utilized.

      (4)   Parking setbacks shall be designed as follows:

 

 

      (5)   Ornamental trees shall not count toward the tree requirement, but may count for the shrub requirement at a 1:1 equivalent.

      (6)   No more than 12 passenger parking spaces shall be in a row without a landscape island. Parking islands shall not be less than eight feet in width measured. Trees shall maintain a clear trunk height of six feet and all shrubs and perennials shall be maintained at a height no higher than three feet. Utilizing a shrub or perennial with a natural maximum mature height of three feet or less is highly recommended to discourage the shearing of naturally mature larger material.

      (7)   Landscape plan approval. A landscape plan, drawn to scale is to be submitted to the village for approval. The plan in its entirety, must be implemented within six months from the initial start date of operations for the business.

      (8)   Maintenance and replacement. Any required landscape which is dead, dying, damaged, or removed, must be replaced within six months of discovery at the minimum size as indicated herein.

   (D)   Performance standards. Any use, including all permitted main and accessory uses and operations, established in any industrial district after the effective date of this Code shall comply with the performance standards set forth hereinafter for the district in which such use shall be located as a precedence to occupancy and use. Any use already established in such districts shall not be altered, added to or otherwise modified so as to conflict with, or further conflict with the performance standards set forth hereinafter for the district in which such use is located as a precedence to further use. Statements may be required by the planning commission from the owner stating such uses comply or will comply. In case of doubt, the village shall select and arrange for an independent survey by a professional engineer qualified in the particular field and the costs for the services shall be paid by the owner.

      (1)   All service and manufacturing operations shall be conducted wholly within enclosed structures and all raw materials, fuel, machinery, and equipment, including trucks, used in the operations shall be enclosed within a structure or screened by a substantially solid wall or fence of such nature and height as to conceal all operations and materials therein from the view of any observer standing at the grade level at the present residential district line of a public street.

      (2)   Fire and explosive hazards. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls, and all operations in connection therewith shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire-fighting and suppression equipment and devices standard to the operation involved.

      (3)   Dust-smoke. The emission of smoke, soot, fly "ash" fumes, dust and other types of air pollution borne by the wind shall be controlled so that the rate of emission and quantity deposited at any other district shall not be detrimental to or endanger the public health, safety, comfort, welfare or adversely affect property values.

      (4)   Solid waste resulting from all aforesaid operations shall be disposed of, stored in buildings, or enclosed within a wall or fence.

      (5)   Liquid wastes or sewage shall not be discharged into a reservoir, stream or other open body of water, or into a storm or sanitary sewer until treated so that the insoluble substances, oils, grease, acids, alkalines, and other chemicals in the wastes shall not exceed the amounts allowed by other codes of the state, county or village.

      (6)   Toxic or noxious matter. The emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals, or human health at or beyond the boundaries of the lot occupied by the use shall not be permitted.

      (7)   Odorous matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted.

      (8)   Smokeless fuel shall be used for heating or other purposes.

      (9)   Glare or heat from any process shall not be such as to affect residents in the nearest residential district; exterior lighting shall not produce a glare on public highways or adjacent residential districts.

      (10)   (a)   Vibrations shall not be evident in the nearest residential district, except for not more than two minutes per hour from 7:00 a.m. to 7:00p.m.

         (b)   Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use which would be perceptible without the aid of instruments.

      (11)   Noise. The sound pressure level of any operation on a lot, other than the operation of auto-calls, bells, motor vehicles, sirens or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential district, and no sound shall be objectionable due to intermittence, beat, frequency or shrillness.

      (12)   Radioactive or electrical disturbances. Radioactive or electrical disturbances shall not be created which would adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use.

      (13)   Incineration facilities. Incineration facilities emitting neither excessive smoke nor odor shall be provided, located within the main building. No garbage, rubbish, waste matter, or empty containers shall be permitted outside of limits established in this section.

      (14)   Sign regulations. Signs in any industrial district shall be designed, erected, altered, moved or maintained, in whole or in part, in accordance with the regulations set forth in §§ 151.05 and 151.15.

   (E)   Prohibited uses.

      (1)   No use shall be permitted or authorized to be established which, when conducted in compliance with the provisions of these, and any additional conditions and requirements prescribed, is or may become hazardous, noxious, or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, electrical interference, refuse matter, or water carried wastes. The use in violation of this section shall constitute a public nuisance. Further, surface mining or strip mining, sanitary landfills, junkyards, and small wind energy systems are prohibited land uses anywhere within the village.

      (2)   All other uses not specified within this chapter shall be subject to conditional usage as outlined below.

   (F)   Conditional uses, conditional zoning certificates.

      (1)   Purpose. To provide for the issuance of conditional zoning certificates where conditional permitted uses are provided for in this section.

      (2)   Procedures for making application. Any application for a conditional zoning certificate for any land, structure or developmental use permitted under this chapter shall be submitted in accordance with the following procedures:

         (a)   Application submitted to the zoning inspector. Any application for a conditional zoning certificate shall be made to the zoning inspector and submitted to the village planning commission on a special form for that purpose. Each application shall be accompanied by the payment of a fee of $125, which fee shall not be refundable. In addition, the village planning commission, where appropriate, may refer an application to qualified consultants for a report if it deems the proposed uses may cause the emission of dangerous or objectionable elements or require special study. The cost of such report shall be at the expense of the applicant.

         (b)   Data required with application.

            1.   Form supplied by village planning commission completed by applicant.

            2.   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 adjacent and proposed structures, the types of buildings, their uses, and the acreage or area involved, including that for parking.

            3.   Completed plans and specifications for all proposed development and construction, and where appropriate, reclamation.

            4.   A statement supported by substantiating evidence regarding the requirements enumerated in § 151. 51(F)(3) below.

            5.   Notify adjacent communities and the Ohio Department of Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

            6.   Require that necessary maintenance will be provided for by the application for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished.

         (c)   Review by village planning commission. The village planning commission shall review the proposed development, as presented on the submitted plans and specifications in terms of the standards established in this chapter. Such review by the planning commission shall be completed and made public within 90 days of the date of submission.

         (d)   Hearing. After adequate review and study of any application, the village 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 days prior to the date of the hearing. Such notice shall indicate the place, time, and subject of the hearing.

         (e)   Issuance and revocation of conditional zoning certificates; violations and penalty. Only upon conclusion of hearing procedures relative to a particular application and adequate review and study may the village planning commission issue a conditional zoning certificate. The breach of any condition, safeguard, or requirement shall automatically invalidate the certificate granted, and shall constitute a violation of the chapter. This authority shall be in additional to the authority contained in the Ohio Revised Code for the revocation of a conditional zoning certificate.

         (f)   Resubmisssion of application for conditional use permit. No application for conditional zoning certificate, which has been denied wholly or in part by the village planning commission, shall be resubmitted for a period of at least one year from the date of such denial, except on the grounds of newly, discovered evidence or proof of changed conditions, which would be sufficient to justify reconsideration. Any new application, resubmission, or renewal for a conditional zoning certificate shall be accompanied by a fee of $125.

         (g)   Termination.

            1.   The conditional zoning certificate shall become voided at the expiration of one year after the date of approval by the village planning commission unless the structure, alteration, or land use has commenced.

            2.   Any conditional use zoning certificate for any use permitted under these regulations shall be issued for a period of one year. Not less than 60 days prior to the expiration of said certificate, the permit holder shall apply for a renewal of the conditional use zoning certificate. Prior to the expiration of said certificate, the zoning inspector shall inspect and determine whether any violation of the conditional use zoning certificate exists. Following the inspection by the zoning inspector, if it is determined that a violation does exist, or if during the permit year a violation was cited, then the board of zoning appeals shall conduct a public hearing to determine whether or not to issue a continuation of the conditional use zoning certificate for an additional one year period. If no violation exists or if during the permit year no violation was cited, then the zoning inspector may issue a conditional use zoning certificate for an additional one year period.

         (h)   Continuation of existing uses conditional permissible. All uses existing at the time of passage of this chapter and conditionally permissible in their respective districts under this chapter shall be issued conditional zoning certificates by the village planning commission within one year after the passage of this chapter.

      (3)   Basis of determination.

         (a)   The village planning commission shall establish that 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.

         (b)   General standards. The village 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:

            1.   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 change the essential character of the same area;

            2.   Will not be hazardous or disturbing to existing or future neighboring uses;

            3.   Will not be detrimental to property in the immediate vicinity or to the community as a whole;

            4.   Will be served adequately by essential public facilities and series such as highways, streets, police and fire protection, drainage structures, refuse disposal, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;

            5.   Will be in compliance with state, county, and village ordinances and regulations;

            6.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding streets or roads.

   (G)   Nonconforming uses.

      (1)   Purpose. The purpose of this section is to provide for the continuation of uses that do not conform to the existing zoning, but which were in operation prior to the enactment of this chapter or amendments thereto.

      (2)   Regulations. The lawful use of any buildings or land existing at the effective date of this chapter or amendments thereto may be continued, although such use does not conform with the provisions of this chapter.

         (a)   Alterations. A non-conforming building, structure, or use existing at the time this section takes effect, may be altered or enlarged so as to extend said non-conforming use, not to exceed an additional 50%, upon approval of the planning commission.

         (b)   Nonconforming to noconforming use. A nonconforming use may be changed to another nonconforming use provided that the proposed nonconforming use is no more in conflict with the character and use of the district than the existing nonconforming use as determined by the planning commission.

         (c)   Restoration. Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding, and continued use of any nonconforming building or structure, damaged by fire, collapse, explosion, or acts of God, subsequent to the date of this Ordinance wherein expense of such work does not exceed 60% of the replacement cost of the building or structure at the time such damage occurred.

         (d)   Construction approved prior to this chapter. Nothing in this chapter shall prohibit the completion of construction and use of a nonconforming building for which a zoning certificate has been issued prior to the effective date of this chapter or any amendment thereto provided that construction is commenced within 90 days after the issuance of such certificate; that construction is carried on diligently and without interruption for a continuous period in excess of 30 days; and that the entire building shall have been completed within two years after the issuance of said zoning certificate.

         (e)   Displacement. No nonconforming use shall be extended to displace a conforming use.

         (f)   Discontinuance or abandonment. Whenever a nonconforming use has been discontinued for a period of two years or more, any further use shall be in conformity with the provisions of this chapter.

         (g)   Unsafe structure. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.

         (h)   District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein.

      (3)   Continuation of existing uses conditionally permissible under this chapter. All uses existing at the time of the passage of this chapter or amendments thereto and conditionally permissible in their respective districts under this chapter shall be issued a conditional zoning certificate within one year after the passage of this chapter or amendments thereto. The certificates shall be issued by the village planning commission.

   (H)   Site plan review.

      (1)   When site plan review required. Site plan review and approval by the planning commission shall be required for all proposed development applications where the zoning inspector determines:

         (a)   The development would require the creation of five new parking spaces; or

         (b)   The proposed development or land use is likely to generate nuisance complaints from neighbors and review against performance standards is required;

         (c)   The application is a "major change" to an existing development that would require modification of previous conditions on a conditional use or variance;

         (d)   The proposed development will disturb one or more acre(s) of ground, or the proposed development will disturb less than one acre of ground but is part of a larger plan of development or sale.

      (2)   General requirements. Site plan review enables the planning commission to determine whether a development with potentially greater impacts upon the community complies with the detailed requirements of this section. The planning commission shall conduct a site plan review so that it may determine that the specific planning requirements of this chapter are being satisfied in the planning of the proposed project.

      (3)   Site plan submission requirements. All site plan application requirements must be submitted for an application to be complete; however, it is recognized that each development is unique. Therefore, the planning commission may require more or less information to be submitted in an application that set forth in the requirements of the aforementioned section. A site plan shall include the following information:

         (a)   All drawings prepared for submission shall be prepared by a professional engineer, architect, village planner or surveyor and shall bear their professional seal, unless it is determined by the planning commission, that due to the simplicity of the project, a professional seal is not required at this stage of the project development.

         (b)   Four copies of the site plan are required. Plans shall be drawn to a scale so that all features required to be shown on the plans are readily discernible, preferably one inch equals fifty feet (1"=50'), but no smaller than one inch equals 100 feet (1"=100'). In all cases, the planning commission shall make the final determination as to the appropriateness of scale. The minimum size of the plot plan drawing shall be eighteen by twenty-four (18" x 24") inches, and copy of this same plan shall be provided on a 8-1/2" x 11" sheet of paper. Existing features on maps should be clearly distinguished from proposed features.

         (c)   Cover page of the site plan drawing shall indicate:

            1.   Name, address and phone number of owner and/or applicant;

            2.   Name, address, telephone number and State of Ohio registration number of the registered surveyor, village planner, landscape architect or professional engineer who prepared the site plan;

            3.   Name, address and telephone number of the builder;

            4.   Proposed name of site (must not duplicate others in the village), subdivision name, original lot or parcel number, street address;

            5.   The proposed use of the site;

            6.   The legend of the site plan drawing shall indicate on each page a north arrow, date of preparation, the Ohio State Plane Coordinate Grid, and scale.

         (d)   Vicinity map. A vicinity map may be on the same sheet as the site plan drawing. The vicinity map shall be drawn at a scale that is appropriate and necessary to show required detail of the following information:

            1.   Description of the existing lot to be developed, including exact dimensions and total acreage determined by a property boundary line survey by a registered surveyor, showing bearings and distances including the geometric layout of the site showing complete dimensions of existing property lines, easements (and their purpose), and street right-of-way lines in the vicinity or adjacent to the subject property. Indicate street centerline stationing and pavement edges and walks for adjacent road(s). Bearing and distance dimensions shall be shown on property lines to property corners. Property pins or other approved markers shall be set and shown at all property corners and property line stakes shall be set and shown where, due to topography, length of line or obstruction, the location of the property line cannot be determined by sighting from property corner to property corner;

            2.   The use and ownership of adjacent properties, and the location of structures, drives and other physical features within 50 feet of the site boundary, including the distance to the nearest street intersection;

         (e)   The relationship of the proposed development site to existing community facilities which serve or influence it, including;

            1.   Existing and proposed main traffic arteries;

            2.   Shopping facilities;

            3.   Schools;

            4.   Parks and playgrounds;

            5.   Any other significant community features.

         (f)   Natural features, including:

            1.   Approximate direction and gradient of ground slope including any embankments or retaining walls and the delineation of existing drainage patterns (including intermittent and ephemeral streams, rivers and their related river or stream bank, ponds, drainage ditches, and swamps), floodways and floodplains as delineated by the Federal Emergency Management Agency, or any other existing watercourses or water bodies that appear on 1:24,000 U.S.G.S. maps; and

            2.   Identification of unique vistas;

            3.   The location and specifications for all significant existing vegetation (including locations of tree lines and individual trees 18 inches in diameter or more, identified by common or scientific names);

         (g)   Man-made features, including:

            1.   Location, length, width, square footage, and height of all existing buildings and structures, including decks, porches, storage sheds, fuel tanks, dumpsters, fences and walls, landscape beds, power lines and poles, telecommunication towers, flagpoles, bulkheads, docks, transformers, air conditioners, generators and such similar equipment. Any temporary structures shall be indicated, and shall not be continued as permanent structures (the period of continuance shall be set by the planning commission);

            2.   Zoning of the property, including zoning district lines where applicable, and lot size and font, rear, and side yard setback requirements. If a variance has been obtained, indicate the variance provisions and the date of the variance approval;

            3.   Areas of known or potential historical, archeological, or cultural significance, which may include stone walls, barns, earth mounds, and burial grounds.

         (h)   Proposed changes to the site, including:

            1.   Drainage plans (including storm water). Grading and surface drainage provisions are to be reviewed and approved by the village/county engineer;

            2.   Proposed architectural elevation drawings of the site for new buildings or exterior remodeling of existing buildings (including project architectural significance and design features);

            3.   Proposed location, length, width, square footage, and height of buildings, structures, decks, porches, storage sheds, dumpsters, signs, power lines and poles, telecommunication towers, flagpoles, bulkheads, docks, transformers, air conditioners, generators and such similar equipment. Any temporary structures shall be indicated, and shall not be continued as permanent structures (the period of continuance shall be set by the planning commission);

            4.   The intended use, the proposed number of rooms, dwelling units, occupants, employees and other uses;

            5.   Traffic flow and its relation to abutting streets and the locations and dimensions of all proposed service roads, driveways, sidewalks, and parking areas. A preliminary traffic impact study may be required, if traffic impact is anticipated to be significant;

            6.   The yard area and acreage of open space to be conserved;

            7.   The total square footage of all existing and proposed impervious area on the site;

            8.   The location and specifications for all natural features to be conserved, altered, or impacted by the development;

            9.   Proposed perimeter and internal landscaping beds, or construction of other devises (such as walls, fences, etc.). To secure the optimum effect of transition from a residential to a nonresidential district, the planning commission shall have the power to determine the need for and amount of plant materials, walls or fences, or any combination of these on any property line of land under consideration;

            10.   Proposed outside lighting;

            11.   Scale drawings of all signs requiring permits pursuant to §§ 151.05 and 151.15 (signs), together with an indication of the location, dimensions, materials, illuminating characteristic (both internal and/or external) and design for existing and/or proposed signs on the property;

            12.   The location and dimensions of proposed trash receptacles and/or any other solid waste disposal facilities, as well as, size, and specification of any screening of such trash or solid waste receptacles;

            13.   Evidence that the responsible health authority has approved the proposed sanitary sewage disposal facilities for the use for which the zoning certificate has been requested;

            14.   Erosion and sediment control measures for the parcel and preliminary calculations to document to sizing of storm water management facilities must be submitted in stormwater management plan (hereinafter SWMP);

            15.   The location and dimensions of all recreational areas designated as to type of use including, but not limited to, a detailed description of play apparatus or other recreational facilities to be provided in mini-parks;

            16.   Project completion schedule;

            17.   Demonstration that project meets minimum standards that ensure that public facilities and services needed to support development are available concurrently with the impacts of such development;

            18.   Any other pertinent data as may be necessary to determine and provide for the enforcement of this zoning ordinance.

      (4)   Basis of determination. The proposed project shall conform to all requirements and/or conditions as the planning commission may deem necessary to meet the following criteria:

         (a)   Public utility plans for the proposed use shall not require uneconomical extensions of utility services at the expense of the community.

         (b)   Grading and surface drainage provisions are reviewed and approved by the village/county engineer.

         (c)   All principal buildings and open spaces shall be so located and related as to minimize the possibility of any adverse effects upon adjacent development. Building location and placement should be developed with consideration given to minimize removal of trees and change of topography.

         (d)   The site plan shall show a proper relationship between thoroughfares, service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety, and minimize the possibility of any adverse effects upon adjacent development.

            1.   The design and construction standards of all private streets, driveways and parking areas are to be built following approval of plans by the village/county engineer.

            2.   Vehicular approaches to the property shall be so designed as to not create an interference with traffic on surrounding public streets or roads.

            3.   On-site circulation shall be designed to make possible adequate fire and police protection.

            4.   Parking spaces shall meet all the requirements of the village zoning code.

         (e)   The site plan includes adequate provision for the screening of parking areas, service areas and active recreation areas from surrounding properties by landscaping and/or ornamental wall or fence. Such uses should be properly landscaped to be harmonious with surrounding residential uses.

      (5)   Action by the planning commission.

         (a)   The planning commission shall consider the application in a timely fashion, and may, in its discretion, hear from the applicant or members of the public. After reviewing the application, the planning commission shall make findings and recommendations and the reasons therefore. In response to the planning commission recommendations, the applicant may modify the application.

         (b)   If the planning commission determines the application complies with all of the applicable requirements herein, it may approve the site plan. If the planning commission determines the application is not in compliance with one or more of the requirements herein, the planning commission shall specify the particular requirements the application fails to meet and it shall deny approval of the site plan or approve the site plan subject to modification. Separate votes may be taken with respect to each requirement not met by the application. It shall be conclusively presumed that the application complies with all requirements not found by the planning commission to be unsatisfied through this process.

      (6)   Conformance with site plan.

         (a)   The use, placement and dimensions of all buildings, driveways, sidewalks, parking areas, curb cuts and recreation areas and the installation of landscaping, fences and walls shall conform to the approved site plan.

         (b)   A performance bond or other financial guarantee of 110% shall be placed with the village clerk to insure that the landscaping is installed, that the hard surfacing of the private drives and parking areas is installed, and that the surface water drainage is installed, all in conformance with approved plans.

(Ord. 5-2014, passed 2-16-15)