Saukville Village City Zoning Code
ARTICLE II
General Provisions
§ 205-10 Jurisdiction.
The jurisdiction of this chapter shall include all structures, lands and waters within the corporate limits of the Village of Saukville.
§ 205-11 Compliance.
No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered except in conformity with the regulations herein specified for the district in which it is located.
§ 205-12 Municipalities and state agencies regulated; exemptions.
Unless specifically exempt by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all required permits. State agencies are required to comply if § 13.48(13), Wis. Stats. applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt from compliance when § 30.2022, Wis. Stats. applies.
§ 205-13 Duties of Zoning Administrator.
[Amended 9-3-2013 by Ord. No. 740; 10-7-2014 by Ord. No. 751]
The Zoning Administrator is hereby authorized and designated to be the administrative and enforcement officer for the provisions of this chapter. The duties of the Zoning Administrator shall include interpreting, administering and enforcing this chapter. Permits required by this chapter shall be issued by, and enforcement of the terms and conditions thereof shall be carried out by the Zoning Administrator and Building Inspector or their designees, as specified. Additional duties shall include:
A.
Maintain records of all permits issued, inspections made, work approved, and other official actions.
B.
Keep records of the main floor elevations of all structures erected, moved, altered, or improved in the floodland districts.
C.
Inspect all structures, lands, and waterways as often as necessary to assure compliance with this chapter.
D.
Investigate all complaints made relating to the location of structures and the use of structures, lands, and waterways; give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the Village Attorney in writing.
E.
Obtain the assistance and cooperation of the Village Police Department and Village Attorney, as deemed necessary, in the prosecution of chapter violations.
F.
Conduct inspections of premises and structures during reasonable hours as deemed necessary to ensure compliance with this chapter. If entry is refused after presentation of identification, the inspector may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats.
G.
Prohibit the use or erection of any structure, land or water until it has been inspected and approved for such use or erection.
H.
Attend and support all meetings of the Village Plan Commission, Village Community Development Authority, Village Architectural Review Board, and the Village Board of Zoning Appeals.
I.
Make available to the public, to the fullest extent possible permitted by law, all reports and documents concerning the Village’s Comprehensive Plan and ordinances. In addition, information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed. The Plan Commission may set fees necessary to recover the cost of providing information to the public. Where useful, the Village Engineer or his or her designee may set marks on bridges or buildings or other markers which show the elevation of the one-hundred-year recurrence interval flood; or may set marks delineating the boundaries of wetlands.
§ 205-14 Permits required.
A.
No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a permit from the Building Inspector, unless exempted or otherwise specified herein. Applications for permits shall be submitted using forms approved by the Village and shall include the following where applicable:
[Amended 9-3-2013 by Ord. No. 740; 10-7-2014 by Ord. No. 751]
(1)
Names and addresses of the applicant, owner of the site, architect, professional engineer, and contractor.
(2)
Description of the subject site by lot, block and recorded subdivision, or metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(3)
Plat of survey prepared by a registered land surveyor, showing the location, boundaries, dimensions, elevations to Village of Saukville datum, uses, and sizes of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side, and rear yards. In addition, the plat of survey or sketch shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.
(4)
Proposed private on-site wastewater treatment system (POWTs) if municipal sewerage service is not available. This plan shall include a copy of the permit issued by the Ozaukee County Health Department for the installation of an on-site soil absorption sanitary sewage disposal system, or other appropriate means of waste disposal, as well as verification of review and approval by the State of Wisconsin Department of Natural Resources when required. The Plumbing Inspector shall issue a permit for a private on-site wastewater treatment system and shall certify that satisfactory, adequate, and safe sewage disposal is possible on the site as shown in the private on-site wastewater treatment system plan. Existing private on-site wastewater treatment systems shall be maintained in a code-compliant condition.
(5)
Proposed private water supply plan if municipal water service is not available. This plan shall be in accordance with Chapter NR 812 of the Wisconsin Administrative Code. The Plumbing Inspector shall issue a permit for a private on-site water supply, and shall certify in writing that an adequate and safe supply of water will be provided. Existing private water supply systems shall be maintained in a code compliant condition.
(6)
Condominium declaration. Any property owner in the Village of Saukville who elects to create a condominium pursuant to Chapter 703 of the Wisconsin Statutes shall submit a copy of the condominium declaration, bylaws, and any amendments thereto to the Building Inspector to be attached to the file copy of the building permit or change in use application.
(7)
Additional information as may be required by the Village Plan Commission, Zoning Administrator or Building Inspector.
B.
Permits shall be granted or denied in writing within 30 days after application. All conditional use permits shall be granted or denied within 60 days after application, unless the time is extended by mutual consent of the applicant and the Village. The permit shall be valid for 12 months from the date of issue. Conditional use permits are valid until revoked, suspended or otherwise noted as a condition of issuance. Any permit issued in conflict with the provisions of this chapter shall be null and void.
§ 205-15 Certificates of compliance and occupancy required; floodland requirements.
[Amended 12-6-2011 by Ord. No. 723; 7-20-2016 by Ord. No. 767]
A.
No business, manufacturing or institutional property shall be occupied or used; no such building or premises shall be erected, altered, moved or its use or operation changed; no such nonconforming use shall be changed or extended; and no such building shall be occupied by a new tenant or a new owner or have its use changed until a certificate of compliance has been issued by the Plan Commission. The certificate of compliance shall indicate that the building or part thereof is in compliance with the provisions of this chapter. A certificate of compliance shall be applied for prior to occupancy of any business, manufacturing or institutional land and/or building and prior to any new use or change in use. Issuance of a certificate of compliance does not imply or grant permission for occupancy. Application for a certificate of compliance shall be made in the same manner as for a building permit pursuant to § 205-14 of this chapter.
[Amended 4-9-2018 by Ord. No. 786]
B.
An occupancy certificate shall be required prior to occupancy of any new building or change in use of any business, manufacturing or institutional building or premises. A certificate of occupancy shall be issued by the Building Inspector. Application for an occupancy certificate shall be made in the same manner as for a building permit pursuant to § 205-14 of this chapter. No occupancy certificate shall be issued until all improvements shown on an approved site plan and landscape plan have been completed in accordance therewith. However, upon a finding by the Building Inspector that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer or owner, and that temporary occupancy prior to completion of the required improvements will involve no health or safety hazard, the Building Inspector may issue a temporary occupancy certificate bearing an expiration date, which date shall allow reasonable time for completion, upon posting with the Village a surety in double the sum estimated by the Building Inspector to be needed to complete all required improvements, conditioned on completion of all required improvements prior to the expiration date of the temporary occupancy certificate.
[Amended 6-20-2017 by Ord. No. 776; 4-9-2018 by Ord. No. 786]
C.
In addition to zoning compliance and occupancy requirements, no land within the floodland districts shall be developed, occupied or used, and no structure hereafter erected, altered, or moved shall be occupied until the applicant submits to the Building Inspector a certification by a registered professional engineer or land surveyor that the floodland regulations set forth in this chapter have been fully complied with. Such certification shall include the first floor and basement floor elevations of any structure erected on the site.
§ 205-16 Conditional use permit required.
See Article V.
§ 205-17 Sign permit required.
See Article VIII.
§ 205-18 Grading permit required.
A.
A grading permit application shall be submitted to the Village Engineer for any earthwork activity which permanently alters in any way the existing or established grade. The application for a grading permit shall be distinct from and coincidental to the application for any building permit, zoning permit, floodland use or submittal to the Plan Commission or other Village authority.
B.
Upon application for a grading permit, the following minimum conditions must be addressed:
(1)
Survey. The survey shall be prepared by a registered land surveyor, not more than one year prior to the issuance of a grading permit and shall bear the date of the survey. The certified survey shall also show the following:
(a)
Location and dimensions of all buildings on the lot, both existing and proposed.
(b)
Dimensions of the lot.
(c)
Lot area.
(d)
Precise amount, origin, and nature of fill associated with the proposed grading, if any.
(e)
Proposed grade of proposed structure, to an established datum.
(f)
Grade of lot across the street from the subject lot, and grade of all abutting lots and any abutting street.
(g)
Grade and setback of buildings on all abutting lots. If an abutting lot is vacant, submit the elevation of the nearest buildings on the same side of the road.
(h)
Location of any wells and/or private sanitary disposal systems.
(i)
Location of culvert and driveway access.
(j)
Location of sanitary sewer, storm sewer and municipal water.
(k)
Type of monuments at each corner of the lot.
(l)
Watercourses or existing drainage ditches, including, but not limited to, the location and elevation of any floodplain and the location of a line representing a point two feet above the flood elevation, wetland boundaries and form of delineation and ordinary high-water mark and distance 75 feet thereof.
(m)
Location of any permanent or temporary easements.
(n)
Seal and signature of surveyor.
(2)
Establishment of grades. All proposed and final grades shall be approved by the Village Engineer, or as provided by an approved developer's grading plan.
§ 205-19 Other permits.
It is the responsibility of the permit applicant to secure all other necessary permits required by any federal, state, county or local agency. This includes, but is not limited to, a water use permit pursuant to Chapters 30 and 31 of the Wisconsin Statutes or a wetland fill permit pursuant to Section 404 of the Federal Clean Water Act.
§ 205-20 Site restrictions.
No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The Village Building Inspector, in applying the provisions of this section, shall in writing recite the particular facts upon which he bases his conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Village Plan Commission may affirm, modify, or withdraw the determination of unsuitability. In addition:
A.
All lots shall abut upon a public street, and each lot shall have a minimum frontage at the road right-of-way of 50 feet, unless specifically exempted elsewhere in this chapter.
B.
All principal structures shall be located on a lot; and only one principal structure shall be located, erected, or moved onto a lot in single-family and two-family residential districts. The Plan Commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distance between principal structures.
C.
No building permit shall be issued for a lot that abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
D.
Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yards on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts.
E.
Site requirements and reuse plans for commercial buildings in excess of 50,000 gross square feet. All proposed new commercial buildings in excess of 50,000 gross square feet may be allowed where uses associated with such buildings are permitted under this chapter, provided the following criteria are met:
[Added 9-25-2007 by Ord. No. 671]
(1)
The commercial building construction proposal must demonstrate that the site intended for occupancy is properly located and presents architectural and landscaping designs and uses that are compatible with the surrounding districts and the community character of the Village.
(2)
The proposal must demonstrate that the project contributes to the prosperity, convenience, aesthetics, and general welfare of the Village.
(3)
The proposal must present a practical and viable future re-use plan, based on current and trending market data and analyses, for the building and the development site within the context of the surrounding district(s).
(4)
If the proposed new building will result in relocation of a present use within the Village to the new building, the proposal shall include a reuse plan for the structure being vacated as well as the proposed new building.
(5)
If required by the Village Plan Commission or Community Development Authority, the developer and/or owner of the proposed new building shall fund the marketing costs of such reuse plan(s) with a letter of credit or other surety to be placed on deposit with the Village.
§ 205-21 Use restrictions.
The following use restrictions and regulations shall apply:
A.
Principal uses. Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in that district.
B.
Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade, or industry except home occupations and professional home offices as defined in this chapter. No semitrailer, whether operative or inoperative, and no cargo, shipping or similar container may be located or used in any district for the purpose of storage, warehousing or as the location for the operation of any business.
[Amended 7-23-2019 by Ord. No. 796]
C.
Conditional uses are considered as special uses requiring review, public hearing, and approval by the Village Plan Commission in accordance with Article V of this chapter.
D.
Home occupations or industries and professional home offices are permitted accessory uses in any residential district, not requiring a building permit, provided that:
(1)
The use of the residential dwelling for the home occupation or professional home office shall be clearly incidental and subordinate to its residential use and shall not occupy more than 25% of the floor area of one floor.
(2)
No home occupation or professional home office shall be located in or conducted in an accessory structure.
(3)
No person other than members of the family residing on the premises shall be employed or engaged in such home occupation or professional home office.
(4)
Home occupations shall use only household equipment, and no stock-in-trade shall be kept or sold except that made on the premises.
(5)
No traffic shall be generated by the home occupation or professional home office in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation or use shall be provided off the street and other than in the required street yard.
(6)
No outdoor storage of equipment or product shall be permitted.
(7)
Use of tools or techniques of manufacture that are disruptive, including nuisance noise, odor, emissions, discharges, light and hours of operation, are prohibited.
(8)
Home occupations, which comply with the conditions set forth above, may include, but are not limited to baby-sitting, canning, crafts, desktop publishing and other computer services, dressmaking, laundering, millinery, music lessons, word processing, woodworking and furniture repair.
(9)
In addition to the above specified requirements and restrictions, all home occupations shall comply with the Code of the Village of Saukville, all other applicable Village ordinances, and state and federal laws.
E.
Unclassified or unspecified uses may be permitted by the Village Plan Commission, provided that such uses are similar in character to the principal uses permitted in the district.
F.
Temporary uses are permitted as follows, provided the property owner or business makes written application to the Village on a form prescribed for that purpose and obtains written approval of the temporary use from the Zoning Administrator not less than 30 days before beginning the temporary use:
[Amended 10-11-2005 by Ord. No. 643; 5-1-2012 by Ord. No. 730; 9-3-2013 by Ord. No. 740; 5-7-2019 by Ord. No. 793]
(1)
Construction field offices, shelters for materials and equipment being used for site development or construction of a permanent structure, and associated temporary signage may be allowed in all districts without a permit as a practical necessity for a period of time not to exceed a typical construction season (six months) or until completion of the associated activity, whichever is shorter.
(2)
Seasonal or short-term enhancements or promotions of business or commercial activities, such as portable signs and displays (as described in § 205-83 of this chapter) may be allowed in all business districts without a permit where the activity is clearly associated with permitted uses, provided they are in compliance with all other applicable codes and ordinances and maintained in good order, at the discretion of the Zoning Administrator, for periods not to exceed 90 days. Portable signs or display uses exceeding 90 days require a permit and may be allowed for one additional ninety-day period by the Village Plan Commission. Portable sign uses may not be repeated within a six-month period from the date of last use, and no more than one portable sign is allowed per business.
(3)
Activities intended to attract attention to a sales event, fundraising event, customer appreciation event, or other special activity which are not otherwise allowed as a permitted or conditional use or special event otherwise regulated by this Code, including but not limited to carnivals or circuses or carnival or animal rides associated with an event at a store or other business, or associated with an annual picnic or other event of a nonprofit organization such as a church or school, may be allowed in all business and institutional districts without a permit, provided the activity shall be limited to a maximum of 12 days in a calendar year, adequate parking shall be available, lighting and noise shall be regulated so as not to create a nuisance to nearby properties or to the general public, and provided the activity is in compliance with all other codes, regulations and ordinances.
(4)
Flea markets may be allowed in a B-1, B-2, B-4 or any manufacturing district for a period not to exceed 10 days. Special requirements may be imposed by the Zoning Administrator for parking, sanitary facilities, lighting, and hours of operation.
(5)
Circuses and animal shows may be allowed in a B-1, B-2, B-4 or any manufacturing district for a period not to exceed 10 days. Special requirements may be imposed by the Zoning Administrator for parking, sanitary facilities, lighting, and hours of operation. The Zoning Administrator may limit or prohibit the display of dangerous animals, such as tigers or snakes. Temporary uses allowed under this section may erect one temporary sign not to exceed 50 square feet in area on one side and 100 square feet in area on all sides. All buildings, tents, equipment, supplies, and debris shall be removed from the site within 10 days following the activity.
(6)
Fireworks sales facilities may be allowed in a B-1, B-2, B-4 or any manufacturing district for a period not to exceed 30 days. No permit to sell fireworks may be granted until the Fire Chief has reviewed the plan of operation, conducted all necessary inspections, and reported his findings and recommendations to the Zoning Administrator. No permit to sell fireworks shall be granted on any site where alcoholic beverages are served. Special requirements may be imposed by the Zoning Administrator for parking, sanitary facilities, lighting, and hours of operation. No fireworks sales shall be conducted within the street right-of-way. Temporary uses allowed under this section may erect one temporary sign not to exceed 50 square feet in area on one side and 100 square feet in area on all sides. All buildings, tents, equipment, supplies, and debris shall be removed from the site within 10 days following the temporary activity. In addition to any permit fee, the permit applicant shall pay a fire and safety inspection fee to the Village upon submission of the permit application in an amount set by the Village Board.
(7)
Christmas tree sales may be allowed in a B-1, B-2, B-4 or any manufacturing district for a period not to exceed 45 days. Special requirements may be imposed by the Zoning Administrator for parking, sanitary facilities, lighting, and hours of operation. An approved garden center does not need a permit to sell Christmas trees.
(8)
Farmers' markets may be allowed in a B-1, B-2, B-4, P-1 or any manufacturing district for a period not to exceed 90 days, although the permit may be extended by the Zoning Administrator for an additional 30 days. Special requirements may be imposed by the Zoning Administrator for parking, sanitary facilities, lighting, and hours of operation.
G.
Pets are permitted, provided the number of household pets does not exceed three adult pets (four or more months of age) per lot in any residential district or agricultural district.
(1)
Household pets shall include dogs, cats, rabbits, and other small animals housed inside or outside of a residential dwelling. Very small animals kept indoors at all times, such as hamsters, gerbils, white mice, parakeets and canaries, tropical fish, and small lizards are not subject to the three-animals-per-lot limit.
(2)
Exotic pets shall include pygmy goats, nonpoisonous snakes, deodorized skunks, ferrets, parrots and other small exotic animals, except potbellied pigs. Only two exotic pets shall be allowed per lot and shall be included in the three-pet-per-lot limit.
(3)
Exotic pets kept outdoors shall require a conditional use permit. The Village Plan Commission, as provided in Article V of this chapter, shall specifically review the following items when making its determination.
(a)
Type of exotic pet.
(b)
Location and size of lot.
(c)
Type of fenced-in enclosure and house for the exotic pet.
(d)
Method of pet waste disposal.
(e)
A certificate of purebred registration.
(f)
A health certificate and certificate of required shots.
(g)
The exotic pet shall not be hazardous, harmful, offensive or otherwise adverse to the health, welfare, environment or value of the neighborhood or the community.
(4)
The keeping of livestock, such as potbellied pigs, cattle, horses, donkeys, mules, burros, llamas, sheep, hogs, goats, and other farm animals is prohibited in any residential district.
(5)
The keeping of poultry or fowl, such as chickens, pigeons, roosters, ducks, guinea hens, geese, turkeys, peacocks and game birds, is prohibited in any residential district.
(6)
The keeping of bears, lions, tigers, leopards, monkeys, wolves, foxes, poisonous snakes and reptiles, or other dangerous animals is prohibited in the Village of Saukville. In the event of a dispute over whether an animal is dangerous, the Village Board shall make a determination after review and public hearing.
§ 205-21.1 Unique or atypical permanent and temporary use restrictions and development standards.
[Added 7-10-2007 by Ord. No. 668; 11-7-2012 by Ord. No. 737]
The purpose of this section is to regulate the operation of certain uses, permanent or temporary, and development types presenting a unique or atypical potential for adversely affecting adjoining uses, particularly residential zoning districts. These uses or development types may also require a conditional use permit pursuant to Article V of this chapter and include, but are not limited to, the following list:
A) | Outdoor commercial recreation facilities. |
B) | Accessory outdoor restaurants. |
C) | Motor vehicle sales agency/lots (new or used). |
D) | Motor-fuel-dispensing facilities. |
E) | Sidewalk cafes. |
F) | Alcoholism and drug addiction treatment centers. |
G) | Commercial facilities having as their primary business the sales and/or service of live animals. |
H) | Retail uses, individually or combined, where the gross area under roof exceeds 100,000 square feet. |
A.
Outdoor commercial recreation facilities. All outdoor commercial recreational facilities, or portions thereof, shall be subject to the following restrictions and standards:
B.
Accessory outdoor restaurants. The Village intends to encourage outdoor restaurants and to provide for the creation of a more urban pedestrian environment. All outdoor restaurants shall be subject to the following restrictions and standards:
(1)
All patrons of the outdoor restaurants shall vacate the outdoor restaurant no later than 11:00 p.m., Sundays through Thursdays, inclusive, except the day prior to a holiday, and 11:59 p.m. on Friday, Saturday, and the day prior to a holiday. Notwithstanding the foregoing, more restrictive hours of operation may be established by the Plan Commission as part of the conditional use approval process, if applicable.
(2)
No amplified music or amplified entertainment shall be permitted without first obtaining an entertainment permit.
C.
Motor vehicle sales agency/lots (new or used). All motor vehicle sales agencies and lots (new or used) have the potential to create an adverse impact on adjacent properties and surrounding neighborhoods by reason of insufficient on-site customer parking, traffic generation, obstruction of traffic, visual blight, bright lights, noise, or fumes. All motor vehicle sales agencies and lots shall be subject to the following restrictions and standards:
(1)
Applicability.
(a)
Motor vehicle sales agencies commencing operation after July 31, 2007, shall comply with the development standards for the zoning district in which it is located and with this section.
(b)
Motor vehicle sales agencies operating prior to August 1, 2007, shall comply with this section when subject to the following: Cumulative expansion subsequent to July 31, 2007, representing more than 50% of the improved (building and land) square footage existing on July 31, 2007.
(2)
Parking and vehicle storage. No required parking areas designated for employees and customers shall be used for motor vehicle storage (long- or short-term), repair, or finishing work or display.
(3)
Loading and unloading of vehicles. Loading and unloading of vehicles is permitted only in accordance with this subsection. It shall be the duty of the owners and operators of the motor vehicle sales agency, and it shall also be the duty of any agents and employees present on the premises, to ensure that the activities of a common carrier, operator, or other person controlling such loading or unloading activities does not violate the provisions of this subsection.
(a)
Loading and unloading of vehicles is limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday, excluding legal holidays.
(b)
All loading and unloading shall occur on private property (on- or off-site). Shared loading and unloading areas are permitted for the purposes of meeting this requirement.
(c)
Loading and unloading activities shall not block any accessway.
(4)
Repair of vehicles. The repair and service facility portion of a motor vehicle sales agency shall comply with the following requirements:
(a)
All repair and service activities and operations shall occur within a full enclosed structure. Outdoor hoists are prohibited. All painting shall occur within a fully enclosed booth.
(b)
Entrances to individual service bays shall not face any adjacent residential zoning district.
(c)
No vehicles to be repaired or serviced shall be parked or stored on any street or alley.
(5)
Hours of operation. Unless otherwise approved by the Plan Commission, if any improved portion of the agency is within 300 feet of a residential zoning district, operation of the agency shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
(6)
Noise control.
(a)
There shall be no use of outdoor loudspeakers, bells, gongs, buzzers, or other noise attention or attracting devices.
(b)
All noise-generating equipment, exposed to the exterior at any time during operation, shall be muffled with sound-absorbing materials to minimize noise impacts on adjacent residential zoning districts and may be operated only between 7:00 a.m. and 7:00 p.m., Monday through Saturday, excluding legal holidays.
D.
Motor-fuel-dispensing facilities. All motor-fuel-dispensing facilities, where permitted (See Article V, Conditional Uses.), shall be subject to the following restrictions and standards:
(1)
All fuel pump islands shall be located at least 35 feet from any property line, except 50 feet from an abutting residential property line.
(2)
Travel lanes shall be a minimum of 22 feet in width between any refueling area at the fuel pumps and any parking spaces provided on site.
(3)
Each fuel pump island shall be located so that there is a refueling area of at least 11 feet in width on both sides of the pump island. A minimum of 22 feet is required between pump islands.
(4)
Setbacks.
(a)
No retail motor-fuel-dispensing facility shall be permitted closer than 1,000 feet to a municipal well. This setback requirement may not be modified.
(b)
No retail motor-fuel-dispensing facility shall be permitted closer than 600 feet to two or more of the following: a mapped wetland or conservancy zoning district exceeding five acres in size, a navigable body of water, or a primary environmental corridor. This setback requirement may be modified by the Plan Commission on a case-by-case basis if the proposed facility operator can demonstrate through accepted professional scientific and engineering analysis, including, but not limited to a soils hydraulic analysis, that a setback of less than 600 feet will not adversely affect the environmentally protected areas.
(c)
All setback requirements shall be measured from that portion of the motor-fuel-dispensing facility nearest to the environmentally protected area.
(5)
Bulk fuel deliveries to motor-fuel-dispensing facilities shall take place only between the hours of 7:00 p.m. and 7:00 a.m. the following day.
(6)
No separate diesel-fueling island to accommodate diesel-powered heavy trucks may be located within 1,000 feet of the closest right-of-way line of an interstate highway. For purposes of this subsection, "diesel-powered heavy truck" shall mean a vehicle principally powered by diesel fuel with a gross vehicle weight of more than 10,000 pounds and shall include semitrailer tractor truck tractors with or without the semitrailer attached.
E.
Sidewalk cafes. Areas of the public right-of-way immediately abutting the proposed use, excluding any area required for use by pedestrians and vehicular traffic, may be permitted to supplement sidewalk cafe uses as temporary uses (see § 205-21F). All sidewalk cafes shall be subject to the following restrictions and standards:
(1)
The permittee shall enter into a written agreement with the Village indemnifying and holding the Village harmless against all claims, liability, loss, injury, death, or damage associated with such temporary use.
(2)
The applicant shall certify as to the number of seats authorized under terms of this chapter for the principal restaurant facility and shall further certify as to the number of seats being transferred from the restaurant to the sidewalk cafe and the number of new seats added for the sidewalk cafe, if any.
(3)
The following design standards shall be applicable within the permit area:
(a)
A sidewalk cafe may be used only for the temporary placement of chairs, tables, and umbrellas.
(b)
In the event the Village needs to access infrastructure located beneath the permit area, the permittee shall indemnify and hold the Village harmless against all claims, liability, loss, injury, or damage whatsoever on account of or arising out of the removal of the fixed improvements. The Village shall have no obligation whatsoever to replace or repair any of the permittee's improvements so removed or damaged.
(c)
All tables and chairs must be portable, meaning that no such furniture shall be chained together or bolted together as a unit or affixed to the sidewalk or ground surface, and must be removed nightly from the permit area.
(4)
No amplified music or amplified entertainment shall be permitted without first obtaining an entertainment permit.
(5)
Hours of operation. Sidewalk cafes shall be open no later than 11:00 p.m., Sundays through Thursdays, inclusive, except the day prior to a holiday, and 11:59 p.m. on Friday, Saturday, and the day prior to a holiday. Notwithstanding the foregoing, more restrictive hours of operation may be established by the Plan Commission as part of the conditional use approval process, if applicable.
F.
Alcoholism and drug addiction treatment centers shall only be allowed in conjunction with a permitted principal hospital facility located in the Village.
G.
Commercial facilities having as their primary business the sales and/or service of live animals. All commercial facilities having as their primary business the sales and/or service of live animals shall be subject to the following restrictions and standards:
(1)
Such facilities shall be allowed in the following zoning districts: M-1 Light Manufacturing, M-2 General Manufacturing, and B-P Business Park; and shall comply with the following standards of operation:
(a)
Such facilities shall be separated from zoning districts other than those identified above by no less than 600 feet.
(b)
Any outdoor uses associated with such facilities shall be limited to the rear yard, and the entire perimeter of such area shall be screened with a landscaping berm not less than six feet in height or a privacy fence designed to present a solid visual surface with no opaque or transparent components. Animals shall not be kenneled or left unattended.
(c)
Commercial overnight boarding of animals, other than maintaining livestock-in-trade or providing a period of recuperation from veterinarian services, is prohibited. Any permitted overnight boarding shall be restricted to indoor space.
(2)
Permitted hours of operation are 6:00 a.m. to 9:00 p.m., Monday through Saturday.
H.
Retail uses, individually or combined, where the gross area under roof exceeds 100,000 square feet. All retail uses, individually or combined, where the gross area under roof exceeds 100,000 square feet shall be subject to the following restrictions and standards:
(1)
Direct vehicular access to the use may not be provided by way of a local street, if access is available from an arterial, collector, or interstate connector.
(2)
Noise control.
(a)
There shall be no use of outdoor loudspeakers, bells, gongs, buzzers, or other noise attention or attracting devices.
(b)
All noise-generating equipment, exposed to the exterior at any time during operation, shall be muffled with sound-absorbing materials to minimize noise impacts on adjacent residential zoning districts and may be operated only between 8:00 a.m. and 6:00 p.m., Monday through Saturday, excluding legal holidays.
(3)
Litter. The premises, including all parking areas, shall be kept in a neat and orderly condition at all times, and all improvements shall be maintained in a condition of reasonable repair and appearance. Collection and disposal of litter found off-premises that is clearly emanating from the retail use shall be the responsibility of the retail operation that is the source of such litter.
(4)
Circulation. The location of points of ingress and egress from such uses shall be located as far away from surrounding residential zoning districts as is reasonably feasible and shall be directed to commercial streets and away from residential areas by means of signage and design. No site design or arrangement shall be permitted which requires vehicles to back into an alley or public right-of-way.
(5)
Hours of operation. Unless otherwise approved by the Plan Commission, such uses located within 300 feet of a residential zoning district shall limit their hours of operation to 7:00 a.m. to 10:00 p.m., Sunday through Saturday, including holidays. Extended hours of operation may be permitted without a permit as a temporary use not to exceed 90 days in a twelve-month period (see § 205-21F) to accommodate seasonal holiday shopping, with review and approval from the Zoning Administrator.
[Amended 9-3-2013 by Ord. No. 740]
§ 205-22 Reduction of or joint use of space.
No lot, yard, parking area, building area, or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use, unless specifically exempted elsewhere in this chapter.