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Romeo City Zoning Code

ARTICLE 46

III ZONING DISTRICTS

DIVISION 46-III-3 MHP MOBILE HOME PARK DISTRICT


State Law reference—
Mobile home commission act, MCL 125.2301 et seq.

Sec 46-111 Zoning Map

  1. The zoning map of the village, together with all explanatory matters thereon, is hereby adopted by reference and declared to be a part of this chapter.
  2. Regardless of the existence of purported copies of the zoning map, which may from time to time be made or published, the zoning map, which shall be located in the office of the village clerk, shall be the final authority as to the current status of zoning in the village.
  3. If the zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the village council may, by resolution, adopt a new zoning map. The new zoning map may correct drafting or other errors or omissions in the prior zoning map, but no such corrections shall have the effect of amending the original zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the village president attested by the village clerk and bearing the seal of the village under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of the map being replaced) as part of Ordinance Number 481 of the Village of Romeo, Michigan."
  4. Unless the prior zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(Ord. No. 482, § 8.00, 7-17-2000)

Sec 46-112 Zoning Districts

For the purpose of this chapter, the village is hereby divided into the following districts:

R1
Single-family residential district
MHP
Mobile home park district
RM
Multiple-family residential district
O
Office district
CBD
Central business district
C
General commercial district
IND
Industrial district

(Ord. No. 482, § 8.01, 7-17-2000)

Sec 46-113 District Boundaries

Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:

  1. Unless shown otherwise, the boundaries of the districts are: lot lines; the centerlines of streets, alleys, roads or such lines extended; railroad right-of-way lines; and the village limits. Dimensions shown are to the center of the adjacent road or street or alley.
  2. Where, due to the scale, lack of detail or illegibility of the zoning map for this chapter, there is any uncertainty or contradiction as to the location of any district boundaries shown thereon, interpretation concerning the exact location of district boundary lines shall be determined, upon written application or upon its own motion, by the zoning board of appeals. The zoning board of appeals, in arriving at a decision on these matters, shall apply the following standards:
    1. The district boundaries, as set forth in this section, shall first be considered with reference to the standards cited in subsection (a) of this section.
    2. Where a district boundary divides a site, the location of any such boundary, unless the site is indicated by dimensions shown on the map, shall be determined by the use of the map scale shown thereon.
    3. If, after the application of the standards in subsections (b)(1). and (b)(2). of this section, uncertainty, contradiction or dispute remains as to the exact location of a district boundary, the zoning board of appeals shall determine and fix the location of the boundary line as all of the facts and circumstances shall reasonably require.

(Ord. No. 482, § 8.02, 7-17-2000)

Sec 46-114 District Regulations

  1. No structure or land shall be used, occupied, erected, constructed, moved or altered, except in conformity with the regulations specified for that zoning district. Unless a use is specifically permitted in a particular zoning district, the use shall be prohibited in that zoning district.
  2. Except as otherwise provided, regulations governing land and building use, minimum lot size, lot area per dwelling unit, building height, building placement, required yards and other pertinent factors are hereby established as stated in the detailed provisions for each of the zoning districts.

(Ord. No. 482, § 8.03, 7-17-2000)

Sec 46-115 Zoning Of Vacated Areas

Whenever any street, alley or other public way within the village shall have been vacated by official government action and when the lands within the boundaries thereof attach to and become a part of the land adjoining such street, alley or other public way, such lands formerly within such vacated street, alley or public way shall automatically and without further governmental action thenceforth acquire and be subject to the same zoning regulations as are applicable to the lands to which they shall attach, and they shall be used for that same use as is permitted under this chapter for such adjoining lands.

(Ord. No. 482, § 8.04, 7-17-2000)

Sec 46-116 Zoning Of Annexed Areas

All territory which may be annexed to the village shall be considered zoned R1 single-family residential district for a period of not more than 90 days from the date of the annexation, at which time the village council shall establish the zoning classification of the parcel pursuant to the requirements and procedures as specified by state law.

(Ord. No. 482, § 8.05, 7-17-2000)

Sec 46-117 Floor Area, Setbacks, Building Height And Lot Size

The floor area, setbacks, building height and lot size for each of the zoning districts shall be as follows:


Maximum Usable Floor Area and Accessory Building Floor Area in Percent of Lot AreaMinimum Yard Setback in FeetMaximum Building HeightMinimum Lot Size



Side Yards




District
Front Yard
Least One
Total of Two
Rear Yard
In Feet
In Stories
Area in Square Feet
Width in Feet
R1 single-family residential35%
25
9
18
40
30
2
7,200
60
MHP mobile home park
NA
(a)
(a)
(a)
10
NA
NA
4,500
45
RM multiple-family residential
NA
25
40
80
40
30
2
Per dwelling unit 1 BR 2,000
2 BR 2,700
3 BR 3,400
NA
O office
35%
25
9
18
30
30
2
7,200
60
CBD central business
100%
NA
(b)
(b)
20
40
3
NA
NA
C commercial
40%
25
(c)
(c)
30
30
2
8,000
80
IND industrial
40%
25
(d)
(d)
30
40
2
20,000
100
  1. Mobile homes shall be located 20 feet from a mobile home located on any adjacent site and 20 feet from the edge of any interior road.
  2. None. Where a side yard setback borders a residential district, a setback of 15 feet shall be provided.
  3. None. Where a side yard setback borders a residential district, a setback of 30 feet shall be provided. The openings (windows and doors) side or other side of the lot shall have a side yard of not less than 20 feet. A corner lot side yard must equal the setback required for the front yard on the street to which it sides.
  4. Ten feet on each side. A corner lot side yard must equal the setback required for the front yard on the street to which it sides. If an exterior yard abuts other than an industrial district, there shall be provided a yard setback of not less than 50 feet.

(Ord. No. 482, § 8.05, 7-17-2000)

Sec 46-151 Statement Of Purpose

The R1 single-family residential district is established to provide primarily for detached single-family dwellings and supporting uses intended to serve these residential neighborhoods, but which do not detract from the predominantly residential character of the village. The specific intent of the district is to:

  1. Encourage the construction and continued use of single-family dwellings and to prohibit the use of land which would substantially interfere with this objective;
  2. Discourage any land use which, because of its size or character, would create requirements and costs for public services substantially in excess of those at the specified densities; and
  3. Discourage any land use which would generate excess traffic on local streets.

(Ord. No. 482, § 9.00, 7-17-2000)

Sec 46-152 Permitted Uses

Permitted uses in the R1 single-family residential district are as follows:

  1. Single-family detached dwelling units.
  2. Home occupations, subject to the following requirements:
    1. No person other than members of the family residing on the premises shall be engaged in such occupation.
    2. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, not more than 25 percent of the floor area of the dwelling unit shall be used for the purposes of the home occupation, and the home occupation shall be carried out completely within such dwelling.
    3. No home occupation shall be conducted in whole or in part in any accessory structure, attached or detached, including garages, breezeways, porches, patios and the like.
    4. There shall be no change in the outside appearance of the structure or premises or other visible evidence of the conduct of such home occupations, other than one sign meeting the requirements of section 46-578.
    5. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be provided by an offstreet area.
    6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses of persons off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference with any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
    7. Subject to compliance with the provisions of this subsection, a home occupation may include instructions in crafts or fine arts offered by the inhabitant and contained within the dwelling unit.
  3. State-licensed residential facilities for six persons or less.
  4. Family day care for six children or less.
  5. Village buildings and libraries.
  6. Accessory buildings, subject to the following standards:
    1. Where an accessory building is structurally attached to a main building, it shall conform to all regulations of this chapter applicable to the main building.
    2. A detached accessory building incidental to the dwelling shall be located only in a rear yard.
    3. When an accessory building is located on a corner lot, the accessory building shall observe the required front yard setback from both streets.
    4. No more than one attached or detached accessory building shall be permitted for each lot, excluding garages, either attached or detached.
    5. Dwelling units with attached garages may be allowed not more than one detached accessory building not to exceed 250 square feet in total area. Dwelling units without an attached garage may be allowed not more than one detached accessory building not to exceed 790 square feet in total area.
    6. No detached accessory building shall be located closer than ten feet to any main building, nor shall it be closer than five feet to any side or rear lot line. In no instance shall an accessory building be located within a dedicated easement or right-of-way.
    7. Accessory buildings shall not exceed two stories or 25 feet in total height.
    8. A detached accessory building, when located on the same or adjoining lot, shall not involve any business, profession, trade or occupation. No accessory building shall be used for residential purposes.

(Ord. No. 482, § 9.01, 7-17-2000)

Sec 46-153 Special Land Uses

The following uses, and others similar to those cited in this division, may be permitted by the planning commission in the R1 single-family residential district, subject to the general standards of article IX of this chapter and any specific standards imposed for each use:

  1. Bed and breakfast establishments, subject to the following:
    1. The rooms utilized for lodging purposes shall be part of the primary residential use and shall not have been specifically constructed for rental purposes.
    2. There shall be no separate cooking facilities used for the bed and breakfast rooms.
    3. The residence shall be occupied at all times.
    4. Sufficient offstreet parking has been provided to meet the requirements of the existing single-family structure as specified in section 46-613, as well as one parking space per double-occupied room.
    5. Signage shall comply with the requirements of section 46-578.
    6. Adequate lavatory, bathing facilities and kitchen facilities for the lodging rooms shall be provided, as per the requirements of the county health department or other appropriate regulatory agency.
  2. Churches, subject to the following requirements:
    1. Buildings of greater height than allowed by section 46-494 may be permitted, provided that front, rear and side yards are increased above the minimum yard requirements by one foot for each foot of building height that exceeds the maximum height allowed. The maximum height of the steeple shall not exceed 60 feet. The additional setback requirements shall not apply to the steeple.
    2. All buildings shall maintain a minimum side and rear yard setback of at least 30 feet.
    3. A front yard setback of 25 feet shall be provided.
    4. No parking may be allowed within the required front yard setback.
    5. The parking lot shall be screened from any adjoining single-family dwellings by a decorative masonry wall, greenbelt or landscaped berm, as specified in section 46-572.
    6. Churches may include accessory community centers, provided that such centers are limited to activities sponsored by church members only. The facilities shall not be rented as banquet facilities for the general public.
  3. Group day care (seven to 12 children or adults), in conjunction with an existing single-family dwelling, subject to the following:
    1. The proposed use shall not be located closer than 1,500 feet to any of the following facilities, as measured along a street, road or other thoroughfare, excluding an alley:
      1. Another licensed group day care home.
      2. Another adult foster care small group home or large group home, licensed by the state.
      3. A facility offering substance abuse treatment and rehabilitation services to seven or more people, whether or not it is licensed by the state.
      4. A community correction center, resident home, halfway house, or other similar facility which houses an inmate population, under the jurisdiction of the state department of corrections or a similar governmental authority.
    2. Front, rear and side yard minimums shall be the same as the residential district in which it is requested.
    3. On-site parking shall be provided for all employees, in addition to the required offstreet parking for the residence. No offstreet parking shall be permitted in the required front yard space.
    4. Fencing or screening shall be required adjacent to single-family residential uses or districts in accordance with section 46-572, and all outdoor play areas shall be enclosed.
    5. The requested site and building shall be consistent with the visible characteristics of the neighborhood. The group day care home shall not require the modification of the exterior of the dwelling, nor the location of any equipment in the front yard.
    6. The facility shall be licensed by the state family independence agency.
    7. Adequate outdoor play area shall be provided in accordance with the requirements of the state family independence agency.
  4. Private and public recreation facilities, subject to the following:
    1. All buildings and parking lots shall be set back a minimum of 50 feet from the boundaries of any abutting residential property line.
    2. The maximum lot coverage of all buildings shall not exceed 35 percent.
  5. Public utility buildings (excluding wireless communication towers), including telephone exchange buildings and repeater stations, electric transformer substations and stations, and gas regulator stations (all without storage yards), when operation requirements necessitate their location within the district in order to serve the immediate area, subject to the following requirements:
    1. Development features shall be enclosed within a building. Buildings which are complementary to the single-family residential use shall not require screening. The planning commission may permit substitutions of dense or opaque screening for the building requirement in cases of large site size and/or isolated locations.
    2. The maximum height of any building or structure shall not exceed 25 feet.
    3. Minimum yard requirements shall be as follows:
      1. Front yard: 25 feet.
      2. Side yard: 30 feet each side, with one additional foot for each five feet the nonresidential structure exceeds 40 feet in length along the adjoining property line.
      3. Rear yard: 50 feet.
      4. Maximum lot coverage of all buildings: 35 percent.
  6. Public and private schools.
  7. Cemeteries.
  8. Funeral homes and mortuaries, but not including crematoriums, subject to the following conditions:
    1. Sufficient offstreet automobile parking and assembly area shall be provided for vehicles to be used in a funeral procession. The assembly area shall be provided in addition to any required offstreet parking area. A circulation plan identifying the arrangement of the vehicular assembly area shall be provided as part of the required site plan.
    2. The site shall be located so as to have one property line abutting a major thoroughfare, as indicated in the village master plan.
    3. Adequate ingress and egress shall be provided to the major thoroughfare.
    4. No building shall be located closer than 50 feet to the outer perimeter (property line) of the district when the property line abuts any single-family residential district.

(Ord. No. 482, § 9.02, 7-17-2000)

Sec 46-154 Area, Height And Placement Requirements

Area, height and placement requirements in the R1 single-family residential district shall be as follows:

  1. Minimum lot area: 7,200 square feet.
  2. Minimum lot width: 60 lineal feet.
  3. Front yard setback: 25 lineal feet.
  4. Minimum rear yard setback: 40 lineal feet.
  5. Minimum side yards: nine feet each.
  6. Maximum height: two stories/30 feet.
  7. Maximum lot coverage: 35 percent.
  8. Minimum floor area:
    1. One story: 900 square feet.
    2. One and one-half stories: 768 square feet for the first floor; 900 square feet total.
    3. Two stories: 728 square feet for the first floor; 1,456 square feet total.
  9. One- and two-family dwelling standards shall be as follows:
    1. A building permit issued by the village must be obtained prior to construction, reconstruction, relocating, locating or moving the dwelling into or within the village. All dwelling units and additions thereto shall be able to meet or exceed the construction standards of the village building, electrical, plumbing, mechanical and fire codes.
    2. Plans for modulars, prefabricated units and similarly constructed units shall be approved by the state construction code commission as meeting the single state construction code, Public Act No. 230 of 1972 (MCL 125.1501 et seq.), prior to the issuance of a building or occupancy permit. Mobile homes or trailers shall meet or exceed the requirements imposed by the United States Department of Housing and Urban Development Mobile Home Construction and Safety Standards (24 CFR 3280 and as, from time to time, such standards may be amended). The building official shall be furnished a certificate stating that such dwelling meets the minimum building code requirements applicable to such structure or shall include a seal attached to the unit. Any addition to such mobile home must be designed and constructed by the manufacturer of such mobile home or must be based upon an architectural plan deemed compatible with the overall design of the mobile home and approved by the building official.
    3. All construction shall meet the minimum lot size, yard spaces, setbacks, parking and all other minimum site requirements applicable to residential dwellings within the zoning district in which the use will be located.
    4. All dwelling units shall meet the minimum living area standards for one-family or two-family residential dwellings of the zoning district in which the home is to be located.
    5. All one-family dwelling units shall have a minimum width across any front, side or rear elevation of 24 feet.
    6. All dwelling units shall be attached to a permanent foundation constructed on the site in accordance with the building code and shall have a wall of the same perimeter dimensions of the dwelling and additions thereto and constructed of such materials and type as required in the building code. If the dwelling is a mobile home, such dwelling shall also be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the state mobile home commission and shall have a continuous perimeter wall, as required in this subsection.
    7. Single-family dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides or, alternatively, with roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; has not less than two exterior doors, with the second one being in either the rear or side of the dwelling; and contains steps connected to the exterior door areas or to porches connected to the door areas where a difference in elevation requires such. In making such determination of compatibility, the building official may consider the following factors: total square footage; length-to-depth proportions; value and quality of construction; exterior building materials; architectural style and design and roofline; as well as the character, design and appearance of a majority of the residential dwellings within 1,000 feet of the subject dwelling. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

(Ord. No. 482, § 9.03, 7-17-2000)

Sec 46-191 Statement Of Purpose

  1. The MHP mobile home park district is designed to permit the development of residential neighborhoods in planned mobile home park settings. The regulations contained in this division recognize the unique physical characteristics of mobile home park communities and the regulation of these developments by the state.
  2. Unlike the typical single-family subdivision in which the individual lot provides the open space and amenities necessary for family living, mobile home parks more closely resemble multiple-family development. Mobile home parks are constructed, managed and regulated by the developer. Streets, utilities, recreation areas and amenities are also similarly under the control of the developer. As a result of these similarities, mobile home parks should be designed to provide adequate space and land use separation consistent with their land use intensity relative to the village's other residential zoning districts. The rules and regulations, as promulgated by the state mobile home commission, shall be applicable to the development of mobile home parks in the village, except as modified by this division.

(Ord. No. 482, § 10.00, 7-17-2000)

Sec 46-192 Permitted Uses

Permitted uses in the MHP mobile home park district shall be as follows:

  1. All principal and special land uses permitted and as regulated in the RM multiple-family residential district and R1 single-family residential district.
  2. Mobile home parks, subject to the requirements as established and regulated by the state mobile home commission pursuant to Public Act No. 96 of 1987 (MCL 125.2301 et seq.) as well as all other applicable village codes and ordinances referenced in this division.
  3. Accessory commercial uses may be conducted in a mobile home park in separate, permanent structures, and for such purposes as the office of the manager, laundry and dry cleaning facilities, or other services primarily for the residents of the park. Adequate parking for such services shall be provided.
  4. One sign identifying the premises and use and containing not more than 24 square feet in area and six feet in height for identification, without additional advertising, may be placed at the main entrance of the mobile home park. One sign, no larger than ten square feet, limited to the same information as shown on the entrance sign, may be erected at any secondary entrance to a mobile home park which adjoins a public road. The identification sign shall be part of a permanent decorative entranceway which shall be compatible with the surrounding areas. All signs shall observe the setback requirements cited in section 46-578.

(Ord. No. 482, § 10.01, 7-17-2000)

Sec 46-193 General Site Regulations

  1. Minimum site size. Each mobile home park shall have a minimum site size of not less than ten acres of land.
  2. Access to public roads. All mobile home parks shall have access to the public road system. The planning commission may require the extension of public roads through the mobile home park when necessary to provide continuity to the existing public road system in the village. All public roads shall meet the requirements of the village for right-of-way and paving. All private roads shall meet the requirements of the state mobile home commission.
  3. Sidewalks. Sidewalks meeting the standards of the village shall be installed along any public road within or abutting the mobile home park and on both sides of all streets in the mobile home park.
  4. Parking. A minimum of two offstreet parking spaces shall be provided on each mobile home park site. Parking may be arranged in tandem or side by side. If in tandem, the width shall not be less than ten feet, and the combined length shall not be less than 40 feet. If side by side, the combined width of the two parking spaces shall not be less than 19 feet, and the length shall be 20 feet. A minimum of one parking space for every three mobile home sites shall be provided for visitor parking.
  5. Lot width and lot area. Each mobile home lot or site shall have a minimum area of not less than 4,500 square feet, with a minimum width of at least 45 feet.
  6. Setbacks. All mobile homes shall observe the following minimum setback requirements:
    1. Twenty feet from a mobile home located on any adjacent site, and 20 feet from the edge of any interior road.
    2. Ten feet from an on-site parking space located on an adjacent mobile home site or any accessory structure.
    3. On-site detached storage sheds shall be a minimum of three unobstructed feet from the mobile home that it serves, unless the sidewall adjacent to the mobile home is lined with a class A fire resistant material.
    4. Any part or structure, such as steps, porches, supported or unsupported awnings, decks, carports, garages or similar structures, that is part of a mobile home shall observe the following minimum setbacks:
      1. Ten feet from the edge of an internal road.
      2. Seven feet from an offsite parking bay.
      3. Seven feet from a common sidewalk.
    5. Steps shall not encroach into a parking space.
    6. No mobile home shall be located closer than ten feet to any rear lot line.
  7. Electrical and TV. All electrical and telephone wiring shall be underground. Individual externally mounted antennas shall be prohibited. Where a master antenna is provided, service shall be constructed and maintained with underground leads servicing each mobile home site.
  8. Floor area. There shall be not less than 800 square feet of floor area within each mobile home. The floor area of any unheated porch, sun deck or other structure above the roof or outside the floor or walls of the mobile home shall not be used to meet the 800-square-foot requirement.
  9. Storage and skirting. There shall be no storage of any kind permitted under a mobile home. The skirting shall be installed upon a mobile home within 90 days after its placement upon a lot.
  10. Fencing. All fences, other than the perimeter screening requirements, shall be uniform in height and shall be constructed and installed in such a manner as to not interfere with free access by the fire department to all sides of a mobile home. Fences shall not exceed 36 inches in height. Barbed wire shall not be used on any fence. The construction of privacy fences shall be prohibited.
  11. Fuel tanks. Individual fuel oil, liquid petroleum, or other fuel tanks shall not be permitted in a mobile home park.
  12. Utility cabinets. One utility cabinet may be permitted on each mobile home lot, provided it meets the accessory building requirements of this chapter. Such cabinets shall be maintained, kept neat and clean, and painted regularly and shall not be used to accumulate garbage in accordance with section 34-37.
  13. Site plan review. In accordance with sections 11, 12 and 13 of the mobile home commission act, Public Act No. 96 of 1987 (MCL 125.2311, 125.2312, 125.2313), a person desiring to develop a mobile home park shall submit a preliminary plan to the planning commission for review and approval. The preliminary plan shall include the location, layout, general design, and a general description of the project. All site plans shall be submitted in accordance with the provisions of article VI of this chapter. The preliminary plan shall not include detailed construction plans.
  14. Smoke alarms. Smoke alarms shall be required.
  15. Water supply and sanitary system. Each mobile home occupied as a dwelling unit upon a lot within a mobile home park shall be connected to a water supply and sewage disposal system approved by the village.

(Ord. No. 482, § 10.02, 7-17-2000)

Sec 46-231 Statement Of Purpose

The RM multiple-family residential district is intended to permit a more intensive residential use of land permitting various types of attached residential units. This district should be located near major thoroughfares for good accessibility and may serve as a transition between nonresidential uses and single-family districts. Various sizes of residential accommodations for ownership or rental would be provided to meet the needs of different age and family groups residing or expected to reside in the community.

(Ord. No. 482, § 11.00, 7-17-2000)

Sec 46-232 Permitted Uses

The following uses shall be permitted in the RM multiple-family residential district, subject to the limitations of this chapter:

  1. Multiple-family dwellings, including but not limited to multiplexes, townhouses and apartments.
  2. Single-family dwellings, subject to all applicable requirements of the R1 single-family district.
  3. State-licensed residential facilities for six persons or less.
  4. Accessory buildings and uses, including community garages, carports, utility sheds, maintenance buildings, community buildings and swimming pools, which are part of the multiple-family complex. Common parking areas for the storage of recreational vehicles may be allowed as an accessory use, subject to site plan review.

(Ord. No. 482, § 11.01, 7-17-2000)

Sec 46-233 Special Land Uses

The following uses, and others similar to those cited in this division may be permitted by the planning commission in the RM multiple-family residential district, subject to the general standards of section 46-653 and any specific standards imposed for each use:

  1. Nursing homes and similar continuous care residential facilities, subject to the following:
    1. All structures shall be located not less than 50 feet from the rear property line and 25 feet to the side property lines.
    2. The entire site shall be landscaped to harmonize with the residential characteristics of the district in which the activity is to be located.
    3. Licensing shall be in accordance with the state and/or other appropriate authority or jurisdiction.
  2. Child care centers, subject to the following requirements:
    1. Adequate outdoor play area shall be provided in accordance with the requirements of the state family independence agency.
    2. All outdoor play areas shall be fenced and screened from any abutting residentially developed or zoned sites as per the requirements of section 46-572.
    3. Parking shall be provided on the basis of one space per employee, plus one space for each five children cared for at the center.
    4. Designated child dropoff and pickup areas shall be shown on the site plan. Such dropoff and pickup areas shall only be permitted on the driveway, approved parking area or directly in front of the building. No such areas may be allowed to encroach into the public right-of-way. All such areas shall be arranged to minimize pedestrian and vehicular conflicts or vehicle stacking into any abutting road.
    5. No outdoor play areas shall be allowed in any front yard area.
  3. Churches, subject to the requirements of section 46-153(b).
  4. Public and private recreation facilities, subject to the requirements of section 46-153(d).
  5. Public utility buildings, including telephone exchange buildings and repeater stations, electric transformer substations and stations, and gas regulator stations (all without storage yards), when operation requirements necessitate their location within the district in order to serve the immediate area, subject to the requirements of section 46-153(e).
  6. Group day care (seven to 12 children) in conjunction with an existing single-family dwelling, subject to the requirements of section 46-153(c).
  7. Adult care centers and adult day care, subject to the requirements of section 46-153(c).
  8. Bed and breakfasts, subject to the requirements of section 46-153(a).
  9. Funeral homes and mortuaries, subject to the requirements of section 46-153(h).

(Ord. No. 482, § 11.02, 7-17-2000)

Sec 46-234 Minimum Site And Building Requirements

  1. Lots used for multiple-family dwellings in the RM multiple-family residential district shall provide a minimum lot area per dwelling based on the following standards:
    1. One-bedroom unit: 2,000 square feet.
    2. Two-bedroom unit: 2,700 square feet.
    3. Three-bedroom unit: 3,400 square feet.
  2. Efficiency units shall not be permitted.
  3. Plans presented which include a den, library or extra room shall have such extra room counted as a bedroom for purposes of this chapter.
  4. Front, side and rear yards relating to the spacing between buildings within multiple-family development shall have the following minimum overall dimensions:

    Buildings Relationship
    Overall Distance Between Buildings (exclusion of parking area)
    Front to front
    60 feet*
    Front to rear
    70 feet*
    Rear to rear
    80 feet*
    Rear to side
    30 feet
    Side to side
    15 feet
    Corner to corner
    15 feet
    * Parking may be permitted in a portion of the required yard, provided that there shall be at least 25 feet of yard space between the parking area and the building.
  5. No multiple-family building shall exceed a maximum length of 180 feet.
  6. Parking, maneuvering lanes and drives shall meet the requirements article VIII of this chapter.
  7. Minimum floor areas for multiple-family buildings shall be as follows:
    1. One bedroom unit. The term "one bedroom unit" shall mean a dwelling unit containing a minimum floor area of at least 500 square feet per unit, consisting of not more than two rooms in addition to kitchen, dining and necessary sanitary facilities.
    2. Two bedroom unit. The term "two bedroom unit" shall mean a dwelling unit containing a minimum floor area of at least 728 square feet per unit, consisting of not more than three rooms in addition to kitchen, dining and necessary sanitary facilities.
    3. Additional bedrooms. For units exceeding two bedrooms, an additional 200 square feet per unit shall be provided in addition to the minimum requirement of 728 square feet noted in subsection (g)(2) of this section.
    4. Storage areas. Storage or utility areas shall be provided on the basis of at least 100 square feet per unit. Basements can be used for this storage area.
  8. Maximum height of each building shall be as follows:
    1. In stories: two.
    2. In feet: 30.
  9. The minimum yard setback from the project perimeter shall be as follows:
    1. Front yard: 25 feet.
    2. Perimeter yards: 40 feet from all other perimeter yard setbacks.
    Yard setbacks are also subject to the requirements of subsections (4) and (5) of this section.
  10. Areas of the site not required to be hard surfaced shall be landscaped. A landscape plan for these areas shall be provided as per the requirements of article VII of this chapter.
  11. Where any recreation vehicles are permitted in the development, adequate fenced, locked or secured, and visually buffered parking and storage spaces shall be provided, in addition to those required in this section.

(Ord. No. 482, § 11.03, 7-17-2000)

Sec 46-271 Statement Of Purpose

It is intended that the O office district be applied to that portion of South Main Street between downtown and the southern boundary of the village. This district is intended to provide a transition to residential areas. The development standards applicable to this district are intended to create an entrance into the village and to reinforce the predominantly noncommercial character of the buildings by restricting the location of offstreet parking lots and the requirement for appropriate site amenities.

(Ord. No. 482, § 12.00, 7-17-2000)

Sec 46-272 Permitted Uses

Permitted uses in the O office district shall be as follows:

  1. Administrative and professional offices for accounting, clerical, engineering, architecture, drafting, education/training incidental to other permitted uses, insurance, real estate, research, sales, appraisers, stenographic services, and other similar occupations.
  2. Medical and dental offices and clinics.
  3. Village or other public offices.
  4. Churches, subject to the requirements of section 46-153(b).
  5. Community buildings, such as libraries; museums; recreational, educational and human service centers.
  6. Funeral homes, provided that there is adequate assembly area for vehicles to be used in funeral processions, in addition to any required offstreet parking areas.
  7. Single-family dwellings, subject to the requirements of division 2 of this article.
  8. State-licensed residential facilities for six persons or less.
  9. Personal service establishments, such as barber and beauty salons, and similar uses.
  10. Other similar uses to those listed in this section.

(Ord. No. 482, § 12.01, 7-17-2000)

Sec 46-273 Special Land Uses

The following special land uses and others similar to those cited in this division may be permitted by the planning commission in the O office district, subject to the standards of section 46-653 and any other specific standards imposed for each use:

  1. Uses having a combination of nonresidential and residential facilities, subject to the following:
    1. Office uses shall be confined to the ground floor of the building.
    2. Each residential unit shall have at least two exits and two offstreet parking spaces.
    3. All residential units shall comply with the density and floor area requirements of the RM multiple-family district.
  2. Nursery schools and day care establishments, subject to the requirements of section 46-153(c).
  3. Bed and breakfast establishments, subject to the following:
    1. Bed and breakfast establishments shall be subject to the provisions of section 46-153(a).
    2. Ancillary uses to an approved bed and breakfast may include tearooms, bridal and baby showers/receptions, rehearsals and wedding ceremonies, subject to the following terms and conditions:
      1. Such ancillary uses shall provide additional parking as required in article VIII of this chapter. Such parking may be located off site, provided that documentation acceptable to the village is provided that ensures offsite parking shall be available in perpetuity.
      2. Such ancillary uses shall not contain commercial grade kitchens as determined by the county health department and shall meet all necessary requirements of the state and the county health department, and all other requirements of the village.
      3. Adequate restroom facilities shall be provided for such ancillary uses.
      4. Maximum occupancy is to be determined as provided by law and clearly posted on the premises. In no case shall the maximum occupancy be exceeded.
      5. Buildings and structures shall comply with all federal, state or local building and fire codes for the approved ancillary use.
      6. Alcoholic beverages shall not be sold on the premises.
    3. Bank and other financial institutions with drive-thru windows.
    4. In all other respects Ordinance No., the Village of Romeo Zoning Ordinance, is hereby ratified and affirmed.

(Ord. No. 482, § 12.02, 7-17-2000; Ord. No. 483, 6-18-2001)

HISTORY
Amended by Ord. 536 (Ord. No. 482, § 12.02, 7-17-2000; Ord. No. 483, 6-18-2001) on 11/19/2018

Sec 46-274 Area, Height And Placement Requirements

Area, height and placement requirements for the O office district shall be as follows:

  1. Minimum lot size:
    1. Area: 7,200 square feet.
    2. Width: 60 feet.
  2. Maximum building height:
    1. Stories: two.
    2. Height: 30 feet.
  3. Minimum yard setbacks:
    1. Front yard: 25 feet, with no parking allowed in the front yard setback. The planning commission may permit parking to encroach into the required front yard setback, subject to the construction of a three-foot-high decorative face brick wall along the frontage of the site to screen the view of the parking lot from public view.
    2. Side yard: minimum each side of nine feet. The planning commission may permit a modification of the required side yard setback when it can be determined that reducing the setback will not result in a nuisance for any abutting residential uses and that adequate space for building maintenance is also provided.
    3. Rear yard: 30 feet.
    4. Maximum lot coverage: 35 percent.

(Ord. No. 482, § 12.03, 7-17-2000)

Sec 46-275 Structure And Site Requirements

  1. Landscaping. All open areas, setbacks, and all other portions of the site not used for parking, driveways and other buildings in the O office district shall be landscaped.
  2. Offstreet parking and environmental improvements. Offstreet parking and environmental improvements shall be provided in accordance with articles VI and VII of this chapter.
  3. Lighting of parking areas. During business hours and after sunset, all parking areas shall be adequately lit for the safety and comfort of adjacent property owners. Lighting of parking areas shall be in a manner so as to prevent rays and illumination therefrom from being cast upon neighboring residences as provided in section 46-575.
  4. Building design standards. The renovation of existing buildings and the construction of new buildings shall emphasize and respect the predominant architectural character of existing buildings which are residential in nature. This compatibility shall be evaluated in relation to roof form and materials, window and door treatments, building surface materials, and architectural details.
  5. Outside storage or outdoor sales. All business shall be conducted entirely within an enclosed building. No outside storage or outdoor sales of goods and merchandise shall be permitted, except as part of a sidewalk sale or other similar, temporary type of use approved by the village.

(Ord. No. 482, § 12.04, 7-17-2000)

Sec 46-311 Statement Of Purpose

The major economic function of the CBD central business district is that of a specialty center. It is also the intent of the CBD district to permit a mixture of mutually supporting convenience, comparison, specialty, and service commercial uses serving a trade area including the village and adjacent communities. The standards contained in this division are designed to promote a compact development pattern with continuous retail frontage, a convenient pedestrian shopping experience, and compatible building appearance. Preservation of the village historical character is an essential element. Uses allowed in this district should complement each other, not adversely impact vehicular or pedestrian circulation or the overall image and function of the district. Parking or the future provision for such must be an integral part of any development. The development concepts and plans embodied in the development plan and tax increment financing plan of the village downtown development authority should be used as guidelines in any new development or redevelopment.

(Ord. No. 482, § 13.00, 7-17-2000)

Sec 46-312 Permitted Uses

Permitted uses in the CBD central business district shall be as follows:

  1. Antique shops.
  2. Art supply stores, including picture framing.
  3. Art galleries and studios.
  4. Bakeries.
  5. Banks, excluding drive-through facilities.
  6. Barbershops and beauty salons.
  7. Bicycle sales and repair shops.
  8. Book and stationery shops.
  9. Camera and photographic supply stores.
  10. Carpet, rug and linoleum showrooms, with limited on-site storage of merchandise.
  11. Catering businesses.
  12. China and glassware shops.
  13. Clothing (men, women and children) and accessory shops.
  14. Coin and stamp stores.
  15. Custom dressmaking and millinery shops.
  16. Department stores.
  17. Drugstores.
  18. Dry cleaning establishments and laundromats.
  19. Electrical and house appliance stores.
  20. Florist shops.
  21. Convenience and specialty foodstores.
  22. Furniture and other household accessory stores.
  23. Gift shops.
  24. Hardware stores.
  25. Hobby shops.
  26. Jewelry shops.
  27. Leather goods and luggage shops.
  28. Locksmith shops.
  29. Musical instrument shops; music and record shops.
  30. Office supply stores.
  31. Printing, lithographing or publishing establishments for letter press, business cards, mimeographing and other similar custom services; newspaper publishing, including engraving and photo engraving.
  32. Restaurants or lounges specifically excluding establishments with drive-through windows.
  33. Schools for music and dance.
  34. Shoe repair stores and other small item repair shops.
  35. Sporting goods stores.
  36. Tailor shops.
  37. Tobacco shops.
  38. Toy stores.
  39. Travel agents.
  40. Upholstery shops.
  41. Village service buildings, such as administrative offices, fire and police facilities and community recreation buildings.
  42. Professional and business offices, provided that for any building located and fronting on Main Street such uses are above the ground floor.
  43. Paint and wallpaper stores.
  44. Video rental and sales.
  45. Interior decorators.
  46. Private clubs and lodges.
  47. Offices and showrooms of plumbers, electricians, decorators or similar trades, in connection with which not more than 25 percent of the floor area of the building or part of the building occupied by the establishment is used for making, assembling, remodeling, repairing, altering, finishing or refinishing its products or merchandise, and provided that the ground floor premises facing upon and visible from any abutting street shall be used only for entrances, offices or display. All storage of material shall be within totally enclosed buildings.
  48. Auto parts stores.
  49. Other specialty retail shops.
  50. Offstreet parking lots.
  51. Gymnasiums, health clubs, billiard halls, arcades, and other similar indoor recreational activities.
  52. Other uses which are similar to the uses in subsections (1) through (51) of this section, and subject to the following restrictions:
    1. All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail from premises where produced.
    2. All business, servicing or processing, except for offstreet parking or loading, shall be conducted within completely enclosed buildings.
    3. Outdoor storage of commodities shall be expressly prohibited.
  53. Street sidewalk uses, including the sale and service of food and drink out-of-doors, sidewalk sales, Peach Festival activities and similar uses, provided that any such use is incidental to a similar principal use indoors and conducted adjacent to the principal use, subject further to all required permits by the village. Such use shall not obstruct pedestrian or vehicular traffic. See section 46-447 pertaining to outdoor merchandising and sidewalk sales.

(Ord. No. 482, § 13.01, 7-17-2000; Ord. No. 499, 6-19-2006)

Sec 46-313 Special Land Uses

The following special land uses and others similar to those cited in this division may be permitted by the planning commission in the CBD central business district, subject to the standards of section 46-653 and any other specific standards imposed for each use:

  1. Banks and other financial institutions with drive-through windows.
  2. Business and professional offices, including medical, chiropractic, dental and similar uses, on the ground floor.
  3. Public utility and service buildings and uses, excluding outdoor storage, when the operating requirements of such uses require their location within the CBD district in order to serve the immediate vicinity.
  4. Residential units, subject to the following requirements:
    1. All living units shall meet the minimum floor area requirements specified in subsection 46-234(7).
    2. Two adequate means of egress shall be provided as required by building code and approved by the fire chief.

(Ord. No. 482, § 13.02, 7-17-2000)

Sec 46-314 Area, Height And Placement Requirements

  1. Area, height and placement requirements in the CBD central business district shall be as follows:
    1. Minimum lot size:
      1. Area: none.
      2. Width: none.
    2. Maximum building height:
      1. In stories: three.
      2. In feet: 40.
    3. Minimum building floor area: none.
    4. Minimum yard setbacks per lot:
      1. Front: none. All buildings shall be built at the front property line with no front yard setback.
      2. Side: none. Where a side yard setback borders a residential district, a setback of 15 feet shall be provided.
      3. Rear: 20 feet, if there is no alley. The purpose of the rear yard setback in the CBD district is to provide a service and delivery area. The planning commission may waive the rear yard requirement when the site backs up to a public parking lot or public right-of-way or when the requirement for the rear yard setback would serve no useful purpose. Whenever a rear yard abuts a residential zoning district, a setback of 20 feet is required.
    5. Maximum lot coverage: 100 percent, except as modified by the setback and parking requirements of this chapter.
  2. To the extent possible, parking shall be located at the rear of the buildings. Parking shall not be permitted between the primary street frontage and the front of the building that faces that street. Parking lots shall include landscaping and lighting as approved by the planning commission as provided in article VII of this chapter. If parking is located other than at the rear of the building, a decorative brick wall that is architecturally compatible with the building shall be constructed between the parking lot and the sidewalk/street. This wall shall be a minimum of three feet in height. This wall shall include landscaping and decorative lighting as approved by the village planning commission as provided in article VII of this chapter.

    Permitted onstreet parking spaces, which are within the public right-of-way for the extent of the property frontage, may be counted toward meeting the total number of parking spaces required.
  3. In the interest of creating a viable central business district, achieving the goals of the DDA plan, and enhancing pedestrian and vehicular traffic within the downtown, the village encourages the development of strategically located public and private parking lots. In addition, the village council and DDA shall encourage employee offsite parking, share-a-ride, carpools, joint-use parking, and similar means for reducing CBD parking needs. There are also a number of uses located within the CBD which do not function alone and are dependent upon other uses in the CBD.

    Any use in the CBD district required to provide offstreet parking may, subject to the approval of the village council and after recommendation of the planning commission, elect to meet the owner/employee parking requirements by contributing a fee, as established by the village council, to the central business district parking fund in lieu of such required onsite parking space. This fund shall be used for purchasing land and developing consolidated parking spaces in the CBD district. The amount of the required fee shall be established by the village engineer and shall be based on anticipated acquisition and development costs. "Payment in lieu of" may be paid in annual installments, with interest thereon, upon such terms and conditions as may be approved by the village council. An agreement between the village and the owner or developer, setting forth such terms and conditions in a form prepared by the village attorney and approved by the village council, shall be executed and deposited with the village clerk. The agreement shall be recorded, and all monies due thereunder shall be a lien upon the subject property.

    The parking requirements for the central business district shall be provided as follows:
    1. General commercial uses: one space for every 500 square feet of gross floor area. In addition, there shall be one space for each owner or employee which shall be provided in employee parking lots offsite.
    2. General office uses: one space for every 300 square feet of gross floor area, with the understanding that only 25 percent of this requirement must be provided on site. The remainder of the requirement shall be provided in employee parking lots off site.

(Ord. No. 482, § 13.03, 7-17-2000)

Sec 46-351 Statement Of Purpose

The C general commercial district is intended to provide opportunities for retail and service businesses that require more land area than can be practically accommodated within the CBD and O office districts and which function independently from one another. This district also allows a more diverse range of commercial uses, including those which generate more traffic and require more offstreet parking and loading/unloading areas and which may have impacts extending beyond the site.

(Ord. No. 482, § 14.00, 7-17-2000)

Sec 46-352 Permitted Uses

Permitted uses in the C general commercial district shall be as follows:

  1. Automobile service stations, quick oil and lube, and carwash establishments.
  2. Any service establishment of an office, showroom or workshop nature of an electrician, decorator, dressmaker, tailor, baker, painter, printer, upholsterer; or an establishment doing radio or home appliance repair, photographic reproduction, and similar service establishments that require a retail adjunct.
  3. Automobile repair facilities.
  4. Drive-through businesses of a retail or service nature, including fast food restaurants.
  5. All uses permitted in the office district.
  6. Adult bookstores, adult motion-picture theaters, cabarets, massage parlors, or other similar adult uses, provided that not more than two of such uses are permitted within 1,000 feet of each other in order to prevent the concentration of these uses in any one area and discourage the development of a skid row area. None of the buildings housing any of such uses shall be permitted within 200 feet of any residentially zoned or used property, public or private school, or public park.
  7. Other similar uses as determined by the planning commission.

(Ord. No. 482, § 14.01, 7-17-2000)

Sec 46-353 Special Land Uses

The following special land uses and others similar to those cited in this division may be permitted by the planning commission in the C general commercial district, subject to the standards of section 46-653 and any other specific standards imposed for each use:

  1. Businesses with outdoor storage, including machinery, vehicles, boats, recreational vehicle and automobile dealerships, retail truck rental, building supplies, nurseries, and similar uses, subject to the requirements of section 46-448.
  2. Open air businesses, subject to the following conditions:
    1. There shall be provided around all sides of the site, except in the required front yard, exits and along sides of the premises, enclosed by buildings, a fence or wall at least five feet in height, as approved by the planning commission, in order to intercept windblown trash and other debris.
    2. Outdoor sales space shall be exclusively for sales and not for storage and shall be paved, properly drained, and items placed in such space shall be subject to the same setback as required for any structure within the district.
  3. Kennels subject to the following:
    1. A kennel is for four or more animals six months or more in age maintained for pets, breeding, showing, boarding, training and related sales of pet products.
      1. The minimum site size for a kennel shall be two acres, with a minimum frontage of 200 feet.
      2. Kennels shall maintain a minimum setback of 50 feet from side and rear property lines and a front yard setback of 75 feet.
      3. All outdoor animal pens must be enclosed within a solid six-foot safety fence, which also screens the animals from adjoining property. The animal pen surface shall be of concrete pitched to provide runoff from cleaning to a septic tank or other county-approved system.
      4. There shall be an opening housing the animals to permit them easy entrance and exit. There shall be provided at least 100 square feet in area per animal, including kennel and runs.
      5. All outdoor animal pens shall be constructed to meet minimum state and county requirements for licensing.
      6. A kennel shall be so constructed that all animals must be enclosed within a building at night.
      7. All objectionable noise shall be subject to the requirements of the village noise ordinance.
      8. The planning commission shall make a determination, after a hearing has been held and all residents within 300 feet have been notified, as to whether the granting of approval would substantially impair or adversely affect adjoining landowners or the character of the neighborhood.
    2. Offstreet parking requirements are as follows:
      1. A commercial kennel housing more than ten dogs shall provide one offstreet parking space for each five kennel runs.
      2. Other uses shall provide parking to accommodate the maximum number of visitors using the facility at any one time.
      3. All offstreet parking shall be constructed to the standards shown in article VIII of this chapter.

(Ord. No. 482, § 14.02, 7-17-2000)

Sec 46-354 Area, Height And Placement Requirements

Area, height and placement requirements in the C general commercial district shall be as follows:

  1. Minimum lot size requirements:
    1. Lot area (square feet): 8,000.
    2. Lot width (linear feet): 80.
  2. Maximum building requirements:
    1. Maximum height:
      1. In stories: two.
      2. In feet: 30.
    2. Maximum lot coverage: 40 percent
  3. Minimum yard spaces:
    1. Front: 25 feet, with no parking allowed in the required front yard setback.
    2. Rear: 30 feet.
    3. Side: No side yard is required along an interior side lot line, except as otherwise specified in the building code. If the exterior side yard borders a residential district, there shall be provided a side yard setback of not less than 30 feet. The openings (windows and doors) side or other side of the lot shall have a side yard of not less than 20 feet. A corner lot side yard must equal the setback required for the front yard on the street to which it sides.

(Ord. No. 482, § 14.03, 7-17-2000)

Sec 46-355 Structure And Site Requirements

  1. All open areas, setbacks, and all other portions of the site not used for parking, driveways and buildings in the C general commercial district shall be landscaped.
  2. During business hours after sunset, the parking areas shall be adequately lighted for safety of users and comfort of adjacent property owners. Lighting of parking areas shall be in a manner so as to prevent illumination therefrom from being cast upon neighboring residences.
  3. Offstreet and environmental parking shall be provided in accordance with articles VII and VIII of this chapter.

(Ord. No. 482, § 14.04, 7-17-2000)

Sec 46-391 Statement Of Purpose

The IND industrial district is designed to primarily accommodate wholesale activities, warehouses, and industrial operations, all conducted wholly within a building and whose external, physical effects are restricted to the area of the district and in no manner affect, in a detrimental way, any of the surrounding districts. The processing of raw material for shipment in bulk form for use in industrial operations at other locations shall not be permitted in this district.

(Ord. No. 482, § 15.00, 7-17-2000)

Sec 46-392 Permitted And Prohibited Uses

  1. All uses in the IND industrial district shall be conducted wholly within a building.
  2. The following uses shall be permitted:
    1. Automobile manufacturing and assembly operations, including the manufacture of automobile parts and tool, die, garage, and machine shops.
    2. Warehousing and wholesale establishments, storage other than accessory to a permitted retail use, and miniwarehouses.
    3. The compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery.
    4. The manufacture, compounding, assembling, or improvement of articles or merchandise from the following previously prepared materials: canvas, cellophane, cement, cloth, cork, feathers, felt, fiber, fur, glass, hair, leather, paper, plastics, precious or semiprecious metals or stones, soil, shell, textiles, tobacco, wax, wire, wood and yarns, or other such materials as approved by the planning commission.
    5. The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.
    6. Manufacture of musical instruments, toys, novelties, and metal or rubber stamps, or other small molded products.
    7. Manufacturing or assembly of electrical appliances, electronic instruments and devices, and telecommunication equipment and products, excluding large stampings.
    8. Laboratories: experimental, film or testing.
    9. Manufacture and repair of electric or neon signs, light sheetmetal products, including heating and ventilating equipment, cornices, eaves and the like.
    10. Cabinet and home remodeling showrooms and workshops.
    11. Building and landscaping contractors' offices, with garages for maintenance and the storage of equipment.
    12. Printing, publishing and photographic processing or allied products.
    13. Commercial radio, television and other transmitting or relay towers or monopoles. Towers may exceed the height limits established for the industrial district, provided that they maintain a setback from all abutting streets or the adjacent property lines a distance equal to the height of the tower. Collocation or an existing tower shall be required, if possible and feasible.
    14. Public utility buildings and service facilities.
    15. Other light industrial uses of a similar character and no more objectionable in character to those uses identified in this section.
    16. Accessory uses and accessory outside storage customarily incidental to any of the uses in subsections (1) through (15) of this section. Outside storage shall be limited to currently licensed cars, trucks, and recreation vehicles; finished and semifinished manufactured materials produced on the premises; and equipment necessary as an accessory to the principal use, provided the following conditions are complied with:
      1. No storage shall be allowed in front of the building or in any required front yard. Storage may be allowed within an interior side or rear yard setback, but not in any street side setback.
      2. A chainlink or pressure-treated obscuring wood fence or masonry wall, not less than four feet high nor more than eight feet high, shall enclose the storage area. The height and choice of type of fence or wall to most appropriately screen the stored materials from view shall be determined by the planning commission (also see section 46-572).
      3. Whenever a different material is to be stored than that approved in the original request, a new approval shall be required from the planning commission.
      4. The planning commission shall also find, before granting this approval, it will not tend to further:
        1. Impair the adequate supply of light and air to adjacent property.
        2. Increase the hazard from fire, flood and other dangers.
        3. Increase the congestion on the public streets.
        4. Otherwise impair the public health, safety, comfort, and general welfare.
    17. Sleeping quarters for security and maintenance personnel shall not be constructed as permanent housekeeping facilities or units for family living.
  3. Uses expressly prohibited under this division include the following:
    1. Storage of loose minerals, including soil, stone, sand, gravel, coal, cinders and similar materials. Loose material such as those described may be allowed as part of an approved landscaping contractor's yard, provided that the materials are enclosed in a building or other enclosure to prevent blowing across the site onto adjoining property.
    2. Storage of combustible or odoriferous materials.
    3. Incubation, raising, killing or storage of poultry and animals.
    4. Semitrailers and similar uses for storage purposes.

(Ord. No. 482, § 15.01, 7-17-2000)

Sec 46-393 Special Land Uses

The following uses and others similar to those cited in this division may be permitted by the planning commission in the IND industrial district, subject to the standards of section 46-653 and any specific standards imposed for each use:

  1. Automobile repair and service centers, including auto body repair, paint and rustproofing shops, engine and transmission repair or replacement, subject to the following standards:
    1. All repair activities shall be confined to the interior of the building.
    2. No outdoor storage of parts or equipment is permitted, except as provided in this section. This shall not prohibit temporary storage of vehicles waiting for repair, provided that no vehicle shall be stored on site for a period exceeding 30 days. The storage area shall meet the requirements of section 46-392(b)(16).
  2. Various retail uses. This category shall include retail uses which have a warehouse or which have an industrial character by reason of outdoor storage requirements or activities, such as but not limited to lumberyards; building materials; upholsterer; outdoor boat, recreational vehicle storage; house trailer, automobile or agricultural implement sales and storage. The category may also include uses which serve the convenience needs of the industrial district, such as but not limited to union halls, trade or industrial schools, medical or other offices serving such district, including an industrial medical clinic.
  3. Communication towers and antennae.
  4. Trucking facilities, subject to the following requirements:
    1. No portion of any structure, access drive or parking area shall be located within 50 feet of any residentially zoned parcel.
    2. Any truck storage area shall be screened from view of adjoining residentially zoned developed property and the public right-of-way.
    3. The site shall be designed so that all vehicles can move in a forward manner upon entering and leaving the site to eliminate the necessity of backing up to enter or exit the site.
    4. All sites shall have a minimum lot size of one acre.
    5. The site shall maintain a minimum front yard setback of at least 50 feet. No buildings or parking spaces shall encroach into this required front yard setback.
  5. Junkyards, including the storage of wrecked motor vehicles, equipment, and auto parts, subject to the following requirements:
    1. The entire site shall be enclosed by a masonry or precast concrete wall, not less than eight feet in height.
    2. All structures, parking and storage areas shall maintain a minimum front yard setback of not less than 75 feet.
    3. The area between the front enclosure wall and the front property line shall be landscaped and maintained with grass, trees, and other planted material.
  6. Heavy industrial uses, such as foundries, stamping, steel storage and similar uses.
  7. Kennels subject to section 46-353(c).
  8. Recreational facilities such as martial art studios, dance instruction studios, gymnastics, ice skating rinks, swimming pools, athletic courts and other recreational uses as recognized by the community as beneficial.

(Ord. No. 482, § 15.02, 7-17-2000; Ord. No. 494, 12-15-2003)

Sec 46-394 Area, Height And Placement Requirements

Area, height and placement requirements in the IND industrial district shall be as follows:

  1. Minimum lot size requirements:
    1. Lot area (square feet): 20,000.
    2. Lot width (linear feet): 100.
  2. Building requirements:
    1. Maximum height:
      1. In stories: two.
      2. In feet: 40. Building height may be allowed to exceed the 40-foot requirement, provided that all yards are increased by one foot for each one foot that the building exceeds 40 feet.
    2. Maximum lot coverage: 40 percent.
  3. Minimum yard spaces:
    1. Front: 25 feet, with no parking allowed within the required front yard setback.
    2. Rear: 30 feet. No building shall be located closer than 50 feet to the outer perimeter property lines of this district where the property lines abut any residential district, and such space shall be used only for the parking of individual passenger vehicles and/or small trucks.
    3. Side yard: ten feet on each side. A corner lot side yard must equal the setback required for the front yard on the street to which it sides. If an exterior yard abuts other than an industrial district, there shall be provided a yard setback of not less than 50 feet.
    4. Distance between buildings: The distance at the closest point between any two buildings on the same site shall not be less than 20 feet.

(Ord. No. 482, § 15.03, 7-17-2000)

Sec 46-395 Structure And Site Requirements

  1. Landscaping and screening. In the IND industrial district, any industrial development which is adjacent to residential uses shall provide screening and landscaping per the requirements of article VII of this chapter. All open areas, setbacks, and all other portions of the site not used for parking, driveways, permitted storage and buildings shall be landscaped according to a landscape plan submitted as part of the site plan.
  2. Lighting of parking areas. During business hours and after sunset, the parking areas shall be adequately lighted for safety of users and comfort of adjacent property owners. Lighting of parking areas shall be in a manner so as to prevent rays and illumination therefrom from being cast upon neighboring residences. A site lighting plan shall be provided for all new development.
  3. Offstreet parking and environmental improvements. Offstreet parking and environmental improvements shall be provided in accordance with articles VII and VIII of this article.
  4. Hazardous substances. The site plan shall be submitted with a listing by technical and common identification of all flammable or toxic materials used in the process. The types of materials and storage requirements shall be reviewed by the fire department prior to the issuance of a certificate of zoning compliance. The site plan shall identify the locations and security measures used to store, use, and dispose of any flammable or toxic material and waste consisting of such material. An application for special land use approval for any proposed use producing any flammable, toxic, or putrescent waste shall be accompanied by a notarized agreement between the owner of the use and a licensed waste hauler, providing for the safe and adequate disposal of such waste material.
  5. Exterior facing materials. The exterior of all buildings erected shall be constructed of aesthetically pleasing brick and/or stone building materials, including decorative block. Other durable, decorative building materials may be approved by the planning commission when the character and style of the proposed structure warrants special consideration. The architecture and approved exterior finish of any building shall be complementary and compatible in style and shall be of uniform finish on all sides of its exterior when the site is adjacent to any nonindustrial district. Within the industrial district, the architecture and approved exterior finish shall be returned on the building sides a sufficient distance, as determined by the planning commission, to provide a continuous appearance from the adjacent right-of-way or structures or visible to the public. Mobile units shall only be allowed for a period of six months during the construction of a permanent structure. Extensions for additional six-month periods may be allowed by the village clerk.
  6. Rear and side yard access and parking. Required rear and side yards may be used for offstreet parking, as regulated in this division, provided adequate access to the rear of the building for firefighting and emergency equipment is open, unobstructed and clearly marked.
  7. Offstreet loading space. Every use involving the receipt or delivery of materials, supplies or merchandise by trucks or trailers shall provide space for standing, so that loading and unloading services will not take place on the public streets, alleys and rights-of-way. Loading and unloading spaces shall be provided and shall not be from a public right-of-way, and, further, no such space shall be provided within the required front yard setback. Such loading space shall consist of an area as required in section 46-615, with the loading space and any roadway thereto paved with an asphalt or concrete surface.
  8. Equipment. Equipment requirements shall be as follows:
    1. Automatic screw machines must be equipped with noise silencers or other sound absorbing devices and must not be located closer than 200 feet to any residential zoned district.
    2. Stamping machines, punch presses, press breaks and hydraulic presses shall not be located closer than 200 feet to any district zoned for residential use nor closer than 200 feet to any residential district or residential use. All such machines shall be placed on shock absorbing mountings located on suitable reinforced concrete footings. No such machine shall be loaded beyond such capacity as may be prescribed by the manufacturer of the machine.
    3. Hammers, steam or board and hot forgings shall not be permitted closer than 1,000 feet to any residential zoned district. Such machine or operation is otherwise permitted when placed on shock absorbing mountings located on a suitable reinforced concrete footing, all of which shall be completely enclosed within a masonry-type building.
  9. Surfacing requirements. All parking, vehicle maneuvering or outdoor storage areas shall be paved with asphaltic or concrete pavement in accordance with the specifications of the village engineer.

(Ord. No. 482, § 15.04, 7-17-2000)