Vicksburg City Zoning Code
ARTICLE IV
Uses
§ 475-4.01 Intent.
Each use listed in this article, whether permitted by right or subject to approval as a Special Land Use, shall be subject to the site development standards specified, in addition to applicable standards and requirements for the district in which the use is located. These standards are intended to alleviate the impact from a use that is of a size or type, or that possesses characteristics which are unique or atypical in the district in which the use is located. These standards are further intended to assure that such uses will be compatible with surrounding uses and the orderly development of the district.
Conformance with these standards shall be subject to site plan review and Special Land Use provisions subject to this chapter.
§ 475-4.02 Adult day care home.
A.
Definition. Daytime care of any part of the day, but less than 24-hour care, for functionally impaired adults, provided through a structured program of social and rehabilitative and/or maintenance services, within a residential home.
B.
Standards.
(1)
Separation. The use shall not be located within 1,500 feet of another similar state licensed facility.
(2)
Lot size. Shall meet the Schedule of Regulations in which the use is located.[1]
[1]
Editor's Note: See § 145-3.02, Schedule of Regulations for Principal Structures.
(3)
Parking. There shall be one parking space for each four beds, plus one space for each two employees, including nurses, per shift.
(4)
Property maintenance. The property (architecture and landscaping) shall be maintained in a manner that is consistent with the character of the neighborhood.
(5)
Other. Methods of lighting, fencing and buffer zones shall be specified on an application for a Special Land Use permit, and will be subject to site plan review and approval. Activities associated with the use shall not be permitted in any building, structure or attached or detached garage other than the principal dwelling unit.
§ 475-4.03 Bed and breakfast.
A.
Definition. A dwelling unit where the live-in owners and/or operators provide or offer overnight accommodations, in rooms connected by interior hallways, consisting of a minimum of one bed room and a bath, for temporary guests for compensation, including provisions for a morning meal for overnight guests only, in addition to the rooms occupied by the live-in owners and/or operators.
B.
Standards. The following regulations shall apply bed and breakfast establishments:
(1)
Bed and breakfast establishments as an accessory use. A bed and breakfast establishment shall be clearly incidental to the principal residence on the site. Accordingly, the bed and breakfast operations shall be confined to the single-family dwelling unit that is the principal dwelling on the site. Not more than 66% of the total floor area of the dwelling unit may be used for bed and breakfast bed rooms.
(2)
Maximum number of bedrooms. Seven bedrooms. Any establishment otherwise meeting the definition of a bed and breakfast, but containing more than seven bed rooms shall be considered a hotel under this chapter.
(3)
Principal residence. The dwelling unit shall be the principal residence of the operator, and the operator shall live in the dwelling unit when the bed and breakfast facility is in operation.
(4)
Kitchen facilities. There shall be no separate cooking facilities for the bed and breakfast establishment, other than those which serve the principal residence. Food may be served only to those persons who rent a room in the bed and breakfast facility.
(5)
Sleeping rooms used shall have a minimum size of 100 square feet for two occupants, plus and an additional 30 square feet for each additional occupant. Rooms shall be designed to accommodate no more than four occupants.
(6)
Parking. Adequate off-street parking shall be provided for bed and breakfast patrons, in accordance with this chapter.
§ 475-4.04 Boarding/breeding kennel.
A.
Definition. Any lot or premises where three or more dogs or cats over six months of age are boarded/bred and/or trained for compensation. Dogs or cats not boarded/bred and/or trained for compensation shall be subject to the Village of Vicksburg General Ordinance Provisions.
B.
Operation. Any such kennel shall be subject to all permit and operational requirements established by county and state regulatory agencies.
C.
Maximum number of animals. No boarding or breeding kennel shall house more than 30 animals.
D.
Setbacks.
(1)
The minimum setback for fully enclosed kennel buildings shall be 50 feet from any property line and 100 feet from any residential structure on another parcel.
(2)
The minimum setback for outdoor runs, animal yards, or any other portion of the kennel where animals will be allowed outdoors shall be 150 feet from any property line and 200 feet from any residential structure on another parcel.
(3)
Animals shall not be kept in outdoor runs between the hours of 6:00 p.m. and 8:00 a.m.
E.
Sound control. All animals shall be contained in a building which is soundproofed, using insulation, soundboards, and acoustic tile. The Planning Commission may modify this requirement based on location and other site-specific considerations.
F.
Odor control. Non-absorbent surfaces (such as sealed concrete or ceramic tile) shall be used throughout the kennel. Dog waste shall be power flushed or otherwise removed on a regular schedule, but no less than four times daily.
§ 475-4.05 Brewpub/microbrewery/distillery.
A.
Definition. A manufacturing establishment for alcoholic drinks that also includes a service area where customers can eat or drink. A manufacturing establishment for alcoholic drinks that does not provide a service area where customers can eat, and drink shall be considered "manufacturing."
B.
Standards. The below-listed standards shall apply; in the event that these standards run counter to county, state or federal regulations, the entity with final authority shall prevail. In addition, brewpubs, microbreweries and distilleries shall comply with all applicable state and federal regulations.
(1)
The following regulations shall apply to brewpubs:
(a)
On-premises sale of alcoholic liquor by a brewpub is permitted, subject to the license obtained pursuant to the relevant Michigan state law.
(b)
Hops, barley, wheat or other grain used in the brewing process may be stored in a detached structure, such as a silo, provided that any such accessory structure 1) complies with the setback requirements for the district in which it is located, and 2) is compatible in color and materials with the principal building. Open storage of bottles, pallets, or other containers must be surrounded by a six-foot high privacy fence.
(c)
No outside beer tent shall be permitted in any off-street parking lot or off-street loading/unloading area except as may be permitted as a temporary use pursuant to this chapter. Outside table service may be permitted in areas not designated for parking or loading/unloading, subject to the requirements of this chapter.
(2)
The following regulations shall apply to microbreweries:
(a)
Hops, barley, wheat or other grain used in the brewing process may be stored in a detached structure, such as a silo, provided that any such accessory structure 1) complies with the setback requirements for the district in which it is located, and 2) is compatible in color and materials with the principal building. Open storage of bottles, pallets, or other containers must be surrounded by a six-foot high privacy fence.
(b)
No outside beer tent shall be permitted in any off-street parking lot or off-street loading/unloading area except as may be permitted as a temporary use pursuant to this chapter. Outside table service may be permitted in areas not designated for parking or loading/unloading.
(3)
The following regulations shall apply to distilleries:
(a)
Copies of all required state and federal licenses shall be submitted to the Village.
(b)
Grains and other products used in the distilling process may be stored in a detached structure, provide that any such structure 1) complies with the setback requirements for the district in which it is located, and 2) is compatible in color and materials with the principal building. Open storage of bottles, pallets, or other containers must be surrounded by a six-foot high privacy fence.
§ 475-4.06 Cemetery.
A.
Definition. Land used for the burial of the dead, including a columbarium, crematory, and mausoleum.
B.
Standards. The following regulations shall apply to the establishment of new cemeteries or expansion of existing cemeteries:
(1)
Location. No portion of any cemetery that is located in a wetland or within the 100-year flood boundary shall be developed or platted for grave sites.
(2)
Accessory buildings. A crematorium, mausoleum, columbarium, or other accessory building may be permitted within a cemetery.
(3)
Setbacks. No building or structures containing bodies or remains, other than subterranean graves, shall be located closer than 100 feet to the boundary line of any residential or commercial district. A crematorium located within a cemetery shall be set back a minimum of 400 feet from the boundary line of any residential district.
(4)
Location of entrances. Entrances to cemeteries shall be from a major or secondary thoroughfare, and shall be designed to minimize traffic congestion.
§ 475-4.07 Drive-thru.
A.
Definition. A facility designed to serve customers in their cars from a window in the building, so that the cars are idled while being served, rather than parked.
B.
Standards. The following regulations shall apply to businesses with drive-thru service.
(1)
Minimum frontage. Dictated by the zoning district in which the use is located.
(2)
Location of driveways. Ingress and egress points shall be located at least 60 feet from the intersection of any two streets (measured from the nearest right-of-way line).
(3)
Control of sound level. Devices for the transmission of voices shall be so directed or muffled as to prevent sound from being audible beyond the boundaries of the site.
§ 475-4.08 Dwelling units.
A.
Single unit.
(1)
Definition. A room, or rooms, within one independent structure, connecting together constituting a separate, independent dwelling unit for residential occupancy.
(2)
Standards. No additional standards.
B.
Multiple unit, senior housing, and townhouse.
(1)
Definition. A building or complex of multiple buildings where each building contains at least two dwelling units. Buildings or complexes designed for senior housing, but not including assisted living, shall be considered "multi-unit housing" for purposes of this chapter.
(2)
Standards. The following site development standards shall apply to multi-unit and housing developments:
(a)
Maximum density. A multi-unit housing development shall not exceed 10 units per gross acre of land.
(b)
Access to roads. Multi-unit developments shall have direct access to a primary road or state highway.
(c)
Utilities. Multi-unit developments shall be served by public water and sewer. Expansions and connections shall not be the financial responsibility of the Village.
(d)
Community amenities. Community amenities such as swimming pools, tennis courts, storage garages, playgrounds, laundry facilities, and other amenities shall be permitted as accessory uses, with the approval of the Planning Commission during the Special Use Approval process. Community amenities within residential housing complexes must be open to the residents only, and not to the general public (except as guests of a resident), unless the amenity would be permitted in the district as a principal use, in which case the management of the complex may choose to open the facility to the general public.
C.
Manufactured housing.
(1)
Definitions.
(a)
Manufactured home. A building or portion of a building designed for long-term residential use that is designed to be transported to the site in a nearly complete form.
(b)
Manufactured housing park. A lot containing more than two manufactured homes.
(2)
Standards.
(a)
One manufactured home. A single manufactured home on a lot shall be considered the same as a single-unit home for the purposes of this chapter.
(b)
Requirements for manufactured housing parks (two or more manufactured homes). The creation of a Manufactured Housing Park shall be permitted in the MH District and be prohibited in all other districts. The regulations established by state law (Michigan Public Act 96 of 1987, as amended) and the Michigan Manufactured Housing Commission shall govern mobile home parks. The applicant must demonstrate compliance with those regulations prior to the approval of the Special Use Permit.
[1]
Manufactured Housing Parks shall not be less than five acres in size.
[2]
Manufactured Housing Parks shall have frontage on a primary or major county street, or similarly adequate thoroughfare or a state trunkline.
[3]
The owner of every park which lies immediately adjacent to a residential district shall provide a screening area separating the park from the adjoining residential district. The screen shall be in the form of either a wall, fence, or evergreen planting which is compact and maintained in good condition at all times. The height of the screen shall not be less than five feet, except where the screen would interfere with traffic safety, in which case it may be reduced in height to, but not less than, three feet in height. Adequate landscaping shall also be provided by the owner of the park within the front yard setback area, between the home sites and any public street, so as to provide an attractive frontage upon the street.
[4]
All interior drives within a park shall be paved with asphalt or a similar hard surface to a minimum width of 20 feet. Paved parking spaces for each home site shall be provided in addition to the 20-foot service drive, either by the provision of additional parking lanes or by parking spaces off the driveway.
[5]
Sidewalks, not less than 36 inches wide, constructed of asphalt or concrete, shall be provided extending between individual home sites and the park service buildings.
[6]
Interior drives and walkways shall be lighted at intervals of not more than 150 feet by electric lamps of not less than 100 watts each. Given the ever changing technologies of lighting, the Planning Commission may accept an alternative lighting plan based upon site constraints or other challenges that make conformance with this provision burdensome.
[7]
Each home site shall contain an area of not less than 2,000 square feet and have a width of not less than 30 feet.
[8]
Each home site shall be well drained and be provided with a concrete slab base for the storage of each home.
[9]
No home within a park shall be within 35 feet of a residential district boundary.
[10]
Site and development plans of new parks or additions to existing parks shall be submitted for preliminary review by the Village of Vicksburg Planning Commission. The Planning Commission shall review the proposed plan set and make a recommendation to Village Council based on the completeness of the application and compliance with ordinance standards. No park shall be licensed or licensable unless the plans are first approved by the Village Council or its authorized representative.
[11]
Every park established within the Village shall be inspected periodically by an official designated by the Village Council. The frequency of the inspections and any fees shall be determined by the Village Council.
D.
Accessory Dwelling Units.
(1)
Definition: An Accessory Dwelling Unit (ADU) is a detached dwelling unit that is permitted only on properties with a single detached principal dwelling unit. ADUs are smaller in size than the principal dwelling unit. ADUs include a kitchen, sleeping area(s), bathroom facilities.
(2)
Permitted districts: ADUs are permitted in the residential districts and shall meet the standards of this section.
(3)
Application process: An application for an ADU shall be made to the Village, and shall include the following information:
(a)
Scaled and dimensioned site plan (Plot Plan) of the property showing:
[1]
Location of all structures on the subject property.
[2]
Proposed location of the ADU.
[3]
Setbacks of the proposed ADU from the property lines and all existing structures.
[4]
Designated vehicle parking.
(b)
Scaled and dimensioned floor plan and elevations of the ADU showing:
[1]
Kitchen facility.
[2]
Bathroom facilities.
[3]
Sleeping areas.
[4]
Entrances, porches, windows, and other structural components.
[5]
Total square footage of the ADU.
(4)
Review process.
(a)
Approving agency: The Village and their designated reviewing agents shall be the approving authority for Accessory Dwelling Units (ADU).
(5)
Standards for approval.
(a)
Number: A maximum of one ADU shall be permitted on a residential property and shall have a minimum living space of 500 square feet.
(b)
Location and setbacks:
[1]
Front yard: shall not be permitted in a required front setback.
[2]
Side yard: shall meet the minimum side yard setback requirements for principal structures in the district in which the ADU is to be located.
[3]
Rear yard: shall meet the minimum side yard setback requirements for principal structures in the district in which the ADU is to be located.
(c)
Height: An ADU shall be subject to the height requirements stipulated within the district in which it is located.
(d)
Occupancy: The principal dwelling unit or the accessory dwelling unit (ADU) shall be owner-occupied. At no time shall the principal dwelling unit nor the ADU be non-owner occupied.
(e)
Property requirements:
[1]
An ADU shall only be constructed on a property with a single detached dwelling unit.
[2]
An ADU shall count towards the maximum lot coverage as stipulated within the district in which the ADU is located.
[3]
An ADU shall be connected to an approved water and sewer system. ADUs may be connected to onsite sewage disposal systems and water wells, subject to approval by the applicable reviewing agency for such systems.
[4]
The utilities for the ADU shall not be metered separately.
[5]
An ADU shall not be sold separately.
[6]
An ADU shall receive a certificate of occupancy from the building official prior to occupancy.
[7]
An ADU shall be permanently fixed to the ground, with either footings or foundation.
(f)
Impact.
[1]
The ADU shall not result in an excessive increase in vehicular traffic, parking congestion, or noise.
[2]
The placement, orientation, and location of windows and doors of the ADU shall not infringe on the privacy of the surrounding neighborhood.
E.
State-licensed residential facilities (non-daycare).
(1)
Definition. Any structure constructed for residential purposes and licensed by the State of Michigan pursuant to Michigan Public Act 116 of 1973 (the Child Care Licensing Act) or Michigan Public Act 218 of 1979 (the Adult Foster Care Facility. Licensing Act), including adult foster care facilities, foster family homes, foster family group homes, family day care homes, and group day care homes.
(2)
Standards. State licensed residential facilities, except child day care homes or group day care homes, shall be subject to the following:
(a)
Facilities requiring special use approval shall not be located nearer than 1,500 feet to another state-licensed residential facility that required special use approval.
(b)
Off-street parking spaces shall be provided in a quantity sufficient to accommodate employees of the facility and visitors. However, the extent of pavement coverage of the front yard shall be limited to be visually compatible with the surrounding area.
(c)
The home and property shall be maintained in a manner consistent with the visible characteristics of the surrounding neighborhood.
§ 475-4.09 Funeral home or mortuary.
A.
Definition. An establishment where the dead are prepared for burial or cremation and where wakes or funerals may be held.
B.
Standards. The following regulations shall apply to funeral homes and mortuaries:
(1)
Assembly area. Adequate assembly area shall be provided off-street for at least 10 vehicles to be used in funeral processions.
(2)
Accessory dwelling. An accessory dwelling may be provided within the main building of the funeral home or within an accessory building.
§ 475-4.10 Group day care home.
A.
Definition. A private home with the approved capacity of 7 to 12 minor children for less than 24 hours a day unattended by a parent or legal guardian. The limit on the number of children does not include children who are related to an adult member of the family by blood, marriage or adoption. It includes care to an unrelated minor child for more than four weeks in a calendar year.
B.
Standards.
(1)
Location. Such facilities shall be located in the permanent residence of the operator.
(2)
Number of employees. Such facilities shall have no more than one full-time equivalent non-resident employee. This shall be considered an exemption from the prohibition on non-resident employees in home-based businesses in this chapter.
(3)
Fencing. The perimeter of any yard used for play or instruction shall be enclosed by a fence that is a minimum of four feet in height to prevent children from departing or entering the yard without permission of an adult employee or the operator.
(4)
Hours of operation. Such facilities shall operate no more than 16 hours per day. There shall be no outdoor activity, noise or lighting beyond the boundaries of the site between the hours of 10:00 p.m. and 6:00 a.m.
§ 475-4.11 Home occupations/home-based business.
A.
Applicability. The term "home occupation" means an occupation or profession carried on in the home by resident members of the household where such use is clearly incidental and secondary to the principal use of the dwelling as a residence.
B.
General requirements. All home occupations shall be subject to the applicable requirements of the zoning district in which they are located, in addition to the following requirements:
(1)
Any business activity must be clearly incidental to the use of the dwelling as a residence.
(2)
The exterior appearance of any structure shall not be altered due to business activity nor to support a home occupation.
(3)
No business activity shall be conducted in such a manner so as to cause the premises to differ from a residential character, whether by the use of colors, materials, construction, lighting, signs (except as permitted in this section), or the emission of sounds or vibrations. Further, the home occupation shall not involve the storage, use or sale of hazardous, flammable, toxic, or explosive substances, other than types, sizes, and amounts commonly found in dwellings for hobby or domestic purposes.
(4)
The delivery and pickup of goods and materials used and/or produced in the operation of a home occupation shall be limited to the customary activity of the United States Postal Service and/or alternative private package services common to residential property in the area.
(5)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected on a road of its specific classification as determined by the Village of Vicksburg. Any need for parking generated by the conduct of such home occupation shall be provided by an off-street area.
(6)
A home occupation may be subject to annual inspection by the Building Official, Zoning Administrator, Fire Marshal or any other designee of the Village, and shall be subject to termination if found not to be in compliance with the Zoning Ordinance.
(7)
No outdoor display and/or storage of materials, goods, supplies, or equipment used in the home occupation shall be allowed on the premises in any zoning district.
(8)
Sign. One non-illuminated nameplate, not more than two square feet in area, shall be allowed per residence to identify a home occupation. The permitted sign shall not be located in any road right-of-way and shall not obstruct the clear vision of drivers. No other sign shall be used on the premises to advertise a home occupation.
(9)
The total area within the principal dwelling devoted to home occupations shall not exceed one-quarter of the usable residential floor area of the dwelling unit.
(10)
One detached accessory building may be used by a home occupation, provided that there is no external evidence of the business activity. Any accessory building used for a home occupation shall be in full compliance with the standards for accessory buildings, as provided in this chapter.
(11)
The levels of waste and scrap generated by the home occupation for transfer as part of the Village's residential trash collection and disposal services shall not exceed two 96-gallon containers per week, or exceed the maximum amount ordinarily expected for residential refuse pickup.
(12)
No more than one non-family member may be employed at the home occupation/business.
(13)
Home occupations/business shall not operate after 8:00 p.m., nor before 7:00 a.m.
C.
Activities not considered a home occupation. The following activities shall not be considered a home occupation/business: bed-and-breakfast inns, roadside stands, garage or yard sales, auto service or repair garages, restaurants and bars, hair salons that have more than one chair, or similar establishments, arts and crafts, music teaching, and/or activities as determined by the Zoning Administrator or Planner shall not be permitted or considered.
§ 475-4.12 Hotel.
A.
Definition(s). A building occupied as a more or less temporary abiding place for individuals who are lodged, with or without meals, in rooms connected by interior hallways, consisting of a minimum of one bedroom and a bath, occupied for hire, and which typically provides hotel services such as maid service, the furnishing and laundering of linens, telephone and desk service, the use of furniture, a dining room and meeting rooms.
B.
Standards. The following regulations shall apply to motels and hotels:
(1)
Design. Each unit shall contain at least a bedroom and bath and a minimum gross floor area of 250 square feet.
(2)
Services. Motels and hotels shall provide customary motel and hotel services, such as maid service, linen service, telephone and/or desk service, and the use of furniture.
§ 475-4.13 Mixed use.
A.
Intent. The intent of the mixed-use provisions of the C-1 Village Commercial District is to enhance the economic vitality of the core-downtown and surrounding neighborhoods, while encouraging walkability to employment and amenities by allowing for mixed-use development. Further, it is intended for nodes of activity such as retail, amenities, services and residential housing, adjacent to residential districts.
B.
Standards. The following regulations shall apply to mixed-use developments:
(1)
Residential floor area: For buildings that may have a residential component, such as second story living, the minimum floor area shall be 400 square feet. A common shared hallway shall not be counted towards the minimum floor area of a residential unit.
(2)
Residential unit location: Residential units shall be located on the second or third floor of the structure.
(3)
Building entrance: Residential units shall have their own building entrance, that does not rely on primary access through the business.
§ 475-4.14 Open-air business.
A.
Definition. Any commercial use that is conducted primarily outdoors. Unless otherwise specified herein, open air business shall include:
(1)
Retail sales of garden supplies and equipment, including but not limited to: trees, shrubbery, plants, flowers, seed, topsoil, trellises, and lawn furniture.
(2)
Outdoor display and sale of garages, swimming pools, playground equipment, and uses.
B.
Standards. The following regulations shall apply to open-air businesses, whether operated year-round or on an intermittent basis:
(1)
Parking setback. Parking shall be setback a minimum of 15 feet from any road right-of-way line, unless otherwise noted. The area between the parking and the road right-of-way shall be landscaped in accordance with this chapter.
(2)
Lot width. The minimum lot width for open-air businesses shall be 100 feet.
(3)
Loading and parking. All loading and parking areas for open-air businesses shall be confined within the boundaries of the site, and shall not be permitted to spill over onto adjacent roads.
§ 475-4.15 Recreation - outdoor.
A.
Definition. Outdoor uses that are designed to provide the user with the opportunity to relax, engage in athletic activity, or engage in other leisure pursuits.
B.
Standards. Outdoor recreation facilities, such as, but not limited to, ski facilities, courses for off road vehicles and snowmobiles, baseball facilities, rugby fields and swimming pools, but not including trails, shall comply with the following regulations:
(1)
General requirements.
(a)
Impact on surrounding properties. The location, layout, design, or operation of outdoor recreation facilities shall not impair the continued enjoyment, use, and future orderly development of adjacent and nearby properties. The Planning Commission may specify the hours of operation in order to assure compatibility with adjacent uses.
(b)
Nuisance impacts. Outdoor recreation uses shall not generate excessive noise, odors, dust, or other impacts, such that the continued use and enjoyment of adjacent properties would be impaired.
(c)
Parking. All parking shall be set back a minimum of 40 feet from any residential district.
(d)
Screening. Outdoor recreation uses shall be screened from view from adjacent property zoned for residential purposes, in accordance with this chapter.
§ 475-4.16 Religious institution (places of public assembly).
A.
Definition. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related activities.
B.
Standards. The following regulations shall apply to all religious Institutions, including churches, synagogues, temples, etc.:
(1)
Maximum height. Religious institutions may exceed the maximum height standard for the districts in which they are located provided that the front, side and rear setbacks are increased by one foot for every foot by which the building exceeds the maximum permitted height.
(2)
Accessory uses. The uses listed in the definition of religious institutions shall be permitted accessory to any religious institution. However, accessory uses shall comply with all relevant requirements of this chapter, including obtaining required Special Land Use approvals.
§ 475-4.17 Sexually oriented business.
A.
Definition.
(1)
The following shall be considered sexually oriented businesses, and therefore subject to this section:
(a)
Adult book or supply store. An establishment having 10% or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein), or an establishment with a segment or section devoted to the sale or display or such material. Such establishments or the segment or section devoted to the sale or display of such material in an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.
(b)
Strip club. An establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, or topless and/or bottomless wait persons or employees.
(c)
Adult motion picture theater or adult live stage performing. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein), for observation by patrons therein. Such establishments are customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.
(d)
Adult outdoor motion picture theater. A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.
(2)
The following terms shall have the following meanings:
(a)
Specified anatomical areas. Portions of the human body defined as follows:
[1]
Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola.
[2]
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(b)
Specified sexual activities. The explicit display of one or more of the following:
[1]
Human genitals in a state of sexual stimulation or arousal.
[2]
Acts of human masturbation, sexual intercourse, or sodomy.
[3]
Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.
B.
Standards.
(1)
Sexually oriented businesses shall not be permitted within 1,000 feet of each other.
(2)
Sexually oriented businesses shall be a minimum of 1,000 feet from all of the following:
(a)
K-12 Schools.
(b)
Day-care centers.
(c)
Libraries.
(d)
Municipal Buildings.
(e)
Parks.
(f)
Houses of Worship.
(3)
The facility shall not by way of architectural features, design, display, decoration, window decorations or other displays call attention to the nature of the internal activities to the general public which shall include minors.
§ 475-4.18 Utility structures and substations.
A.
Definition. A facility for a service provider, which may be a company or a governmental agency, which provides such services as electric power, natural gas, sanitary sewers, water, telephone, etc.
B.
Standards. Utility structures, substations, and similar uses shall comply with the following regulations:
(1)
Location. Where feasible, utility structures and public service buildings shall be located so as to not hinder the development of the area or detract from the value of adjoining development.
(2)
Design. All such uses shall be contained in buildings that are architecturally compatible with buildings in the vicinity and shall be screened in accordance with this chapter.
(3)
Off-site impact. Such uses shall not create a health or safety hazard, a nuisance, or have deleterious impact on the surrounding area either due to appearance or operation.
(4)
Security fencing. Security fencing may be permitted, subject to the requirements in this chapter.
(5)
Landscape screening. All utility structures and substations shall be screened from all adjoining lots in accordance with the standards of this chapter, regardless of the zoning district of the utility structure of substation or the zoning district of the adjacent lots.
§ 475-4.19 Vehicle dealership.
A.
Definition. A building or premises used primarily for the sale of new and used vehicles and other motor vehicles.
B.
Standards.
(1)
These requirements shall apply to operations involved in the sale, lease or rental of new or used vehicles, house trailers, recreational vehicles, trucks, boats, and other vehicles.
(2)
Grading, surfacing, and drainage. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall be graded and drained so as to dispose of surface waters. Grading, surfacing, and drainage plans shall be subject to review and approval by the Village.
(3)
Servicing of vehicles.
(a)
Service activities shall be clearly incidental to the vehicle sales operation.
(b)
Vehicle service activities shall occur within a completely enclosed building.
(c)
Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.
(d)
The building containing service operations shall be located a minimum of 50 feet from any property line.
(e)
There shall be no external evidence of the service operations, in the form of dust, odors, or noise, beyond the service building.
§ 475-4.20 Vehicle filling station (gas station).
A.
Definition. A place used for the retail sale and dispensing of fuel or lubricants together with the fixed equipment from which the fuel is dispensed directly into motor vehicles. "Vehicle filling stations" may also incorporate a convenience store operation and/or a vehicle wash station as an accessory use, provided it is clearly incidental to the filling station use, but no vehicle repairs shall be permitted.
B.
Standards. The following regulations shall apply to vehicle filling stations:
(1)
Minimum lot width. The minimum lot width required for such uses shall be 100 ft.
(2)
Minimum setbacks. Repair garages or other buildings shall comply with the setback requirements for the district in which the use is located. However, a minimum setback of 40 feet shall be maintained on all sides which abut property that is zoned for residential purposes. Pump islands and canopies shall comply with the following requirements:
Minimum Setback from Right-of-Way Line | Minimum Setback from Residential Use or Zone | |
|---|---|---|
Nearest edge of pump island | 20 ft. | 30 ft. |
Nearest edge of unenclosed canopy | 10 ft. | 20 ft. |
(3)
Ingress and egress. No more than one ingress/egress drive or curb opening shall be permitted for every 75 feet of frontage (or fraction thereof) along any street. The nearest edge of any such drive shall be located at least 25 feet from the nearest point of any property zoned for residential purposes.
(a)
Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses, or its location near vehicular or pedestrian entrances or crossings.
(4)
Outside storage. Inoperable, wrecked, partially dismantled, or repaired vehicles shall not be stored or parked outside for a period exceeding two days.
(5)
Vehicle sales and storage. The storage, sale, or rental of new, used, or repaired cars, trucks, trailers, and any other vehicles on the premises is prohibited.
(6)
Paving surface. Fueling areas shall be paved with either concrete or asphalt.
§ 475-4.21 Vehicle repair.
A.
Definition. Repair of vehicles, including, but not limited to: Engine tune-ups and servicing of brakes, air conditioning exhaust systems; oil change or lubrication; wheel alignment or balancing; engine and transmission rebuilding and general repairs, rebuilding or reconditioning; collision service such as body, frame or fender straightening or repair; steam cleaning, undercoating and rustproofing.
B.
Standards.
(1)
All painting operations shall be conducted within an enclosed building which shall be equipped with the latest available odor and fume-arresting devices to prevent any nuisance or annoyance from odor emanating from the building. The painting operations shall comply with the latest standards of the National Board of Fire Underwriters or other testing agencies accepted and approved by the Village Fire Authority.
(2)
All vehicle body shop operations shall be conducted within an enclosed building which shall be equipped with such special acoustical qualities as will prevent any nuisance or annoyance from noise emanating from the building.
(3)
No vehicle body work, painting or repairing shall be conducted outside of enclosed buildings on the premises and no more than six vehicles upon which body work is to be completed or which are to be painted shall be stored outside of enclosed buildings on the premises prior to the completion of such work.
(4)
All lubrication equipment, vehicle wash equipment, hoists, and pits shall be enclosed entirely within a building. Service bay doors and windows shall be oriented so they face away from abutting residentially zoned property.
§ 475-4.22 Vehicle wash.
A.
Definition. A commercial establishment contained within a building or premises or portion thereof where automobiles are washed.
B.
Standards. The following regulations shall apply to vehicle wash or car wash establishments, in addition to the standards outlined within the Special Land Use section of this chapter:
(1)
Layout. All washing activities shall be carried on within a fully enclosed building. Vacuuming activities shall be permitted in the rear only, provided such activities are located at least 50 feet from adjacent residentially zoned property, and 20 feet from all other lot lines. Entrances and exits shall not face abutting residentially zoned property.
(2)
Entrances and exits. Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley. All maneuvering areas, stacking lanes, and exit aprons shall be located on the car wash parcel itself. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the vehicle wash. The wash facility shall have frontage on an existing or officially proposed road having a primary or greater classification.
(3)
Exit lane drainage. Exit lanes shall be sloped to drain water back to the wash building to drainage grates.
(4)
Location. The primary building/structure of the car wash shall be no closer than 40 feet to a residentially zoned district.
(5)
Paving and drainage. Driveways, vehicle maneuvering areas, and parking areas shall be paved and provided with proper underground drainage to prevent water from collecting on the surface or flowing onto adjoining property or streets. Drainage facilities shall be equipped with a mud and grease trap.
