A.   Infringement Of Required Open Areas: Yards, parking spaces, or lot area required for one building cannot be used for another main building, nor can the size of a lot be reduced below the requirements of this title.

   B.   Transfer Of Space: No space allocated to a building for the purpose of complying with the yard, open space, or lot area requirements of this title shall thereafter, by reason of change in ownership or for any other reason, be used to satisfy the yard, open space, or lot area requirements of any other building or group of buildings, unless, in so doing, all buildings or group of buildings involved have sufficient yard, open space, or lot areas remaining to satisfy this title. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   C.   Reduction Of Space: No usable open space or off street parking or loading space existing or provided hereafter for any building shall be reduced below the minimum requirements hereinafter set for such usable open space, parking space, or loading space, nor be further reduced if already less than the minimum requirements. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

On any corner lot in all districts except the C-1 central business district, there shall be no obstructions to traffic visibility within thirty feet (30') of the intersection of the two (2) street property lines of the corner lot. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

No dwelling may be located entirely in a cellar in any district outlined by this title. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

For those uses requiring separation from nearby districts or uses, distances shall be calculated by following a straight line from the nearest point on each property line. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Application Of Provisions: As to all zoning regulations henceforth considered to be in force and effect, the terms "mobile home" and "trailer", for the purpose of zoning, shall be considered synonymous, and all regulations herein as to location and use shall apply to the trailers or mobile homes, irrespective of whether such trailers or mobile homes are on a permanent location or not. Placing a trailer or mobile home on a foundation shall not change its character. If use or location of the same is forbidden as to a trailer on wheels, it shall likewise be forbidden as to a mobile home or trailer placed on a foundation.

   B.   Location In Parks Only: Mobile homes used as residences, commercial uses, or storage shall only be located on lots in approved mobile home parks. (Ord. 2007-24, 8-8-2007)

Within a residential district, home occupations may be operated as follows:

   A.   Types Of Businesses:

      1.   A business employing only those family members living in the household where the business operates may be permitted by action of the zoning enforcement officer when the establishment and operation of the business is determined not to be of adverse impact upon an adjoining residential use. The types of businesses to be considered for administrative approval include, but are not limited to: architect, accountant, decorator, seamstress, typist, telephone sales, beautician, computer programming, musical instruction, painting, sculpturing, writing, or tutoring. Any proposed home occupation that is not specifically allowed by this subsection A1 shall be considered if it meets the standards of this section.

      2.   A home occupation permit is intended for the operation of a two (2) persons, members of the same family, nonretail business offering personal or professional service. Medical and dental services are not eligible for a permit.

   B.   Permit Required; Conditions: A permit may be issued by the zoning enforcement officer, as administrative approval, without need of a public hearing, subject to the following conditions:

      1.   The proposed use is necessary and/or desirable to provide a service which is in the interest of public convenience and will contribute to the general welfare of the community.

      2.   The proposed use will not, under the circumstances of the particular use, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.

      3.   That sufficient on site off street parking will be provided as required by chapter 14 of this title.

      4.   That no noticeable increase in on street parking will result from the operation, nor will any increased traffic hazard occur as a result of vehicles entering or exiting the premises.

      5.   That the proposed operation shall not involve any wholesale business, except as may be incidental to the rendering of a personal service.

   C.   Standards: A home occupation in all residence districts shall be a special use and shall be any business or occupation carried on by a member of the immediate family residing within the dwelling in connection with which:

      1.   There are no signs, display or activity that will indicate from the exterior that the building is being used, in part, for any purpose other than that of a dwelling; except, that a home occupation permitted business shall be allowed one nonilluminated sign not exceeding four (4) square feet in size. The sign shall be attached to the structure unless approved in another location by the zoning enforcement officer.

      2.   There are no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or U.S. letter carrier mail service or other small parcel delivery service.

      3.   There is no person other than one additional member of the immediate family residing on the premises employed or otherwise engaged in the home occupation.

      4.   All activity, including storage, is conducted completely within the dwelling unit, attached garage or detached garage.

      5.   There are no special structural alterations or construction features to the dwelling, attached garage or detached garage, nor the installation of special equipment attached to walls, floors or ceilings.

      6.   There is no perceptible noise, odor, smoke, electrical interference or vibration emanating from the structure.

      7.   There are no more than two (2) customers or clients on the premises at the same time, except for daycare homes.

      8.   There is no activity between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

   D.   Special Use: Any business not qualified to operate under administrative approval may be permitted as a special use by the village board upon recommendation of the planning commission in accordance with the procedures outlined in chapter 10 of this title. Such special use shall only be granted upon a finding that its establishment and operation will not have an adverse effect on adjoining residential use; that sufficient on site parking will be provided so that no noticeable increase in on street parking will result and no increased traffic hazard due to entry or exiting of vehicles will result; that delivery vehicles, if any, serving the home occupation will be of the size and type commonly observed on the street of the residential district; and that the occupation involves no retail or wholesale business or manufacture, except as may be an integral part of, and clearly incidental to, the rendering of a personal or professional service.

   E.   Application For Permit; Fee: Individuals seeking a home occupation permit must submit a registration application to the village clerk accompanied by a filing fee to be established by the village board. The registration must be completed annually.

   F.   Notice To Adjoining Property Owners: Written notice of the applicant's request will be provided to owners of property adjacent to, abutting, or across the road, street, or alley in question. Affected property owners will be given ten (10) days to file comments and/or objections to the requested permit.

   G.   Approval Or Denial Of Permit: If affected property owners file no objection within ten (10) days, and all other conditions are met, a permit to operate will be issued by the village clerk. If an affected property owner files an objection, the permit request must be denied. In such an event, the applicant may seek a special use permit as provided in chapter 10 of this title.

   H.   Nontransferability Of Permit: A home occupation permit is issued to the business owner/operator named on the application and is a nontransferable use. (Ord. 2010-09, 4-14-2010)

   A.   Purpose And Applicability: It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the Village of North Utica. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (the "Act"), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

   B.   Special Use: Adult-Use Cannabis Business Establishments facilities, as defined herein, require approval of a special use in the respective districts in which they are allowed and shall be processed in accordance with Special Uses as provided for in the Village Zoning Ordinance and section 10-4-7C., Adult-Use Cannabis Facility Components, as provided herein.

   C.   Adult-Use Cannabis Facility Components: In determining compliance with section 10-10-3, Special Uses, the following components of the adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

      1.   Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

      2.   Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

      3.   Hours of operation and anticipated number of customers/employees.

      4.   Anticipated parking demand based on section and available private parking supply.

      5.   Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

      6.   Site design, including access points and internal site circulation.

      7.   Proposed signage plan.

      8.   Compliance with all requirements provided in section 10-4-7 D., Adult-Use Cannabis Craft Grower; section 10-4-7E, Adult-Use Cannabis Cultivation Center; section 10-4-7F, Adult-Use Cannabis Dispensing Organization; section 10-4-7G, Adult-Use Cannabis Infuser Organization; section 10-4-7H, Adult-Use Cannabis Processing Organization; or section 10-4-7I, Adult-Use Cannabis Transporting Organization, as applicable.

      9.   Other criteria determined to be necessary to assess compliance with section 10-10-3, Special Uses.

   D.   Adult-Use Cannabis Craft Grower: In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand five hundred feet (1,500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      2.   Facility may not be located within one thousand five hundred feet (1,500') of the property line of a pre-existing property zoned or used for residential purposes, or within one thousand five hundred feet (1,500') of another craft grower or cultivation center.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   For purposes of determining required parking pursuant to the Village Zoning Ordinance, adult-use cannabis craft growers shall be classified as "business and retail uses" provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through section 10-4-7B, Adult-Use Cannabis: Special Use, herein.

      5.   Petitioner shall file an affidavit with the Village affirming compliance with section 10-10-3, Special Uses, and section 10-4-7C, Adult-Use Cannabis Facility Components, as provided herein and all other requirements of the Act.

   E.   Adult-Use Cannabis Cultivation Center: In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one hundred five hundred feet (1,500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      2.   Facility may not be located within one hundred five hundred feet (1,500') of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   For purposes of determining required parking pursuant to the Village Zoning Ordinance, Adult-Use Cannabis Cultivation Centers shall be classified as "business and retail uses" provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through section 10-4-7B, Adult-Use Cannabis: Special Use, herein.

      5.   Petitioner shall file an affidavit with the Village affirming compliance with section 10-10-3, Special Uses, and section 10-4-7C, Adult-Use Cannabis Facility Components, as provided herein and all other requirements of the Act.

   F.   Adult-Use Cannabis Dispensing Organization: In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand five hundred feet (1,500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      2.   Facility may not be located in a dwelling unit or within two hundred fifty feet (250') of the property line of a pre-existing property zoned or used for residential purposes, or within one thousand five hundred feet (1,500') of a pre-existing dispensing organization.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   At least seventy-five percent (75%) of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act.

      5.   No cannabis dispensing organization shall sell food for consumption on the premises, or allow on-site consumption of cannabis, unless authorized by permit.

      6.   Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by section 10-4-7J, Additional Requirements, shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided in the Village of North Utica zoning code.

      7.   For purposes of determining required parking pursuant to the Village Zoning Ordinance, adult-use cannabis dispensing organizations shall be classified as "business and retail uses" provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through section 10-4-7B, Adult-Use Cannabis: Special Use, herein.

      8.   Petitioner shall file an affidavit with the Village affirming compliance with section 10-10-3, Special Uses, and section 10-4-7C, Adult-Use Cannabis Facility Components, as provided herein and all other requirements of the Act.

   G.   Adult-Use Cannabis Infuser Organization: In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand five hundred feet (1,500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within two hundred fifty feet (250') of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   At least seventy-five percent (75%) of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act.

      5.   For purposes of determining required parking pursuant to the Village Zoning Ordinance, Adult-Use Cannabis Infuser Organizations shall be classified as "business and retail uses" provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Section 10-4-7B, Adult-Use Cannabis: Special Use, herein.

      6.   Petitioner shall file an affidavit with the Village affirming compliance with Section 10-10-3, Special Uses, and Section 10-4-7C, Adult-Use Cannabis Facility Components, as provided herein and all other requirements of the Act.

   H.   Adult-Use Cannabis Processing Organization: In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand five hundred feet (1,500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within two hundred fifty feet (250') of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   At least seventy five percent (75%) of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act.

      5.   For purposes of determining required parking pursuant to the Village Zoning Ordinance, adult-use processing organizations shall be classified as "business and retail uses" provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through section 10-4-7B, Adult-Use Cannabis: Special Use, herein.

      6.   Petitioner shall file an affidavit with the Village affirming compliance with section 10-10-3, Special Uses, and section 10-4-7C, Adult-Use Cannabis Facility Components, as provided herein and all other requirements of the Act.

   I.   Adult-Use Cannabis Transporting Organization: In those districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand five hundred feet (1,500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      2.   Facility may not be located in a dwelling unit or within two hundred fifty feet (250') of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   The transporting organization shall be the sole use of the tenant space in which it is located.

      5.   For purposes of determining required parking pursuant to the Village Zoning Ordinance, Adult-Use Cannabis Transporting Organizations shall be classified as "business and retail uses" provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through section 10-4-7B, Adult-Use Cannabis: Special Use, herein.

      6.   Petitioner shall file an affidavit with the Village affirming compliance with section 10-10-3, Special Uses, and section 10-4-7, Adult-Use Cannabis Facility Components, as provided herein and all other requirements of the Act.

   J.   Additional Requirements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the special use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

   K.   Co-Locations Of Cannabis Business Establishments: The Village may approve the co-location of an adult-use cannabis dispensing organization with an adult-use cannabis craft grower center or an adult-use cannabis infuser organization, or both, subject to the provisions of the Act and the Village's special use criteria. In a co-location, the floor space requirements of sections 10-4-7 F.4. and 10-4-7 G.4. shall not apply, but the co-located establishments shall be the sole use of the tenant space. (Ord. 2021-36, 11-10-2021)