Warsaw Village City Zoning Code
ARTICLE X
Special Permit Uses
§ 163-53 Application; general standards.
A.
The uses specified in this Article are hereby declared to possess unique characteristics requiring that each proposal for any such use shall be considered by the Planning Board as an individual case. Upon application complying with the requirements of Article III, special use permits may be approved by the Planning Board and issued by the Code Enforcement Officer in accordance with the administrative procedures set forth in Article III and only after it has found that each and all of the following standards have been met:
(1)
The proposed special use is consistent with the general intent of the village's Master Plan and with each of the specific purposes set forth in this chapter.
(2)
The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed special use are such that it will be compatible with the orderly development of the use district.
(3)
The operation of the proposed special use is no more objectionable to the uses of nearby properties, by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would be the operation of any permitted use.
(4)
The proposed special use satisfies each and all standards and conditions specified for such special use by the relevant provisions of this Article.
B.
The Planning Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the village's natural resource base and the value of property. The Code Enforcement Officer shall make an on-site visit to each property authorized as a special use not less than one time each year. The purpose of said site visit is to ensure that the use is being operated in accord with the conditions specified by the Planning Board. If the Code Enforcement Officer shall determine that a violation of this chapter or the conditions imposed by the Planning Board exists, the certificate of occupancy and/or certificate of compliance shall be null and void. A new special use permit application shall be required to be submitted and approved prior to the reestablishment of said use.
C.
No site preparation or construction shall commence nor shall existing structures be occupied for any special permit use until final site development plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.
§ 163-54 Essential services.
A.
Essential services, as defined in § 163-10 herein, may be allowed as a special permit use in any zone district upon the approval of a special use permit by the Planning Board.
B.
The Planning Board shall determine the following prior to approving a special use permit:
(1)
The proposed installation in a specific location is necessary and convenient for the efficiency of the essential service or the satisfactory and convenient provision of service to the area in which the particular use is to be located.
(2)
The design of any building in connection with such facility shall conform to the neighborhood character of the area and will not adversely affect the safe and comfortable enjoyment of property rights in the district in which it is to be located.
(3)
Adequate and attractive fences and other safety devices will be provided.
(4)
A buffer strip not less than 15 feet in depth shall be provided around the perimeter of the property proposed for such use.
(5)
Adequate off-street parking shall be provided.
(6)
All other applicable requirements of this chapter shall be met.
§ 163-55 Motor vehicle service stations, filling stations and auto repair shops.
The Planning Board may approve a special use permit for motor vehicle service stations, filling stations and auto repair shops in the C-B Central Business, G-B General Business and L-I Light Industrial Districts, provided that the following standards and conditions are maintained:
A.
In addition to the information required in the special permit application and enumerated in § 163-19 herein, the site development plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground and the number and location of fuel pumps to be installed.
B.
Site development plans for such uses, including the location of tanks and fire-suppression equipment, shall comply with the requirements of the Uniform Code.
C.
Such uses shall be screened from adjacent uses by a buffer area, including screening and fencing to be determined by the Planning Board, so as to prevent the transmission of headlight glare across the property line. The Planning Board shall determine, on an individual case basis, how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above the ground. If said shrubbery becomes decayed and fails to provide an adequate screen, the Code Enforcement Officer shall direct the property owner to replace said shrubs.
D.
The entire area of the site traveled by motor vehicles shall be hard surfaced and of asphalt or concrete construction.
E.
All repairs of motor vehicles, except for minor servicing, shall be performed in a fully enclosed building. No more than two partially dismantled motor vehicles shall be stored outside of an enclosed building at any one time.
F.
Motor vehicle service stations may include facilities for the sale of food, household items and convenience merchandise, provided that the sale of such items takes place entirely within an enclosed building.
G.
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.
H.
No building or structure, including gasoline pumps or automotive service appliances, shall be erected within 30 feet of any street line.
I.
No motor vehicle service station or auto repair shop may display more than two unregistered vehicles for sale outside of an enclosed building at any one time.
J.
No motor vehicle service station or auto repair shop shall have more than two driveways on any public street fronting the site. The driveway width on any street shall not exceed 1/3 of the total site frontage on each street.
K.
No driveway shall be closer than 50 feet to the intersection of two street corner lot lines or within 20 feet of an adjacent lot line.
L.
No motor vehicle service station or auto repair shop and no driveway to any such use shall be established within 200 feet of the boundary line of any residential district or of any school, church, park, playground, hospital, public library, institution for dependent children or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district where the subject premises are located. For the purposes of this section, the distance shall be measured along the street line on the side of the street where such use is proposed or such driveway would cross.
§ 163-56 Public and semipublic uses and buildings.
[Amended 6-26-2003 by L.L. No. 2-2003]
The Planning Board may approve a special use permit for public and semipublic uses of an institutional, health, educational, recreational, religious or cultural nature in all districts except the L-I Light Industrial District, provided that the following standards and provisions are maintained:
A.
A statement setting forth the details of the operation of the use shall be provided.
B.
The applicant shall provide the Planning Board with evidence of approval, certificate of need, license or other similar document required to initiate or expand such a use from any and all appropriate regulatory agencies.
C.
The proposal shall meet the minimum area and yard requirements for such uses as specified in Schedule I.[1]
[1]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
D.
The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter as well as provisions for landscaping, buffering, signs and accessways.
E.
The Planning Board, in considering the request for a special use permit, may impose any conditions it deems necessary to protect the health, safety and public welfare of the village.
§ 163-57 Multiple-family developments.
The Planning Board may approve a special use permit for multiple-family developments in the R-2 Residential and C-B Central Business Districts, provided that the following standards and provisions are maintained:
A.
No site preparation or construction shall commence nor shall existing structures be occupied until final site development plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.
B.
The minimum land area required for such use shall be two acres.
C.
The maximum gross density shall not exceed 12 dwelling units per acre.
D.
No apartment building shall contain more than 12 dwelling units.
E.
Minimum habitable floor area requirements shall be as follows:
(1)
Efficiency apartment unit: 550 square feet.
(2)
One-bedroom apartment unit: 650 square feet.
(3)
Two-bedroom apartment unit: 800 square feet.
(4)
Three-bedroom apartment unit: 900 square feet.
(5)
Four-bedroom apartment unit: 1,000 square feet.
F.
Unit distribution.
(1)
No more than 30% of the total units within a multiple-family dwelling development shall be efficiency units.
(2)
No more than 30% of the total units within a multiple-family dwelling development shall have three or more bedroom units.
G.
Area and yard requirements. Minimum area and yard requirements for each multiple-family structure within a multiple-family development shall be as follows:
(1)
Setback shall be as follows:
(a)
Front: 60 feet.
(b)
Rear and side: 40 feet.
(2)
Minimum distance between buildings shall be 60 feet.
(3)
Direct line of sight visibility from one building to another shall not be less than 100 feet.
(4)
Every building shall have a minimum setback of 25 feet from all interior roads, driveways and parking areas.
(5)
A strip of land at least six feet in depth surrounding each building shall be kept completely open except for foundation plantings of less than six feet in height.
(6)
Courtyards bounded on three sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.
H.
No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least eight feet in its alignment. Each offset shall occur no less frequently than along each 100 feet of length of such exterior wall.
I.
All stairways to the second floor or higher shall be located inside the building.
J.
Access to public street.
(1)
All multiple-family dwelling developments shall have direct access to a public street or a private street which is improved to meet village standards.
(2)
Where there are 12 or more dwelling units in a development, access from the common parking area(s) to the public street must be provided by either a private street or a street dedicated to the village by the developer. The minimum width of any private street in a multiple-family development shall be 12 feet when no on-street parking is allowed and 18 feet when parking is allowed on one side of the street.
(3)
If there are more than 50 dwelling units in a multiple-family development or if, in the opinion of the Planning Board, the location or topography of the site indicate the need for additional access, the Planning Board may require such additional access as a condition of site development plan approval.
K.
Requirements for off-street parking as provided in Article XI of this chapter shall be met, except that the location of off-street parking lots may be modified to conform with the approved site development plan, provided that off-street parking shall not be located within any required setback areas. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all living units each parking area is intended to serve.
L.
The aggregate lot coverage of multiple-family dwelling developments shall not exceed 30% of the total lot area.
M.
Services.
(1)
Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities.
(2)
There shall be a common storage area in each building for bicycles, baby carriages and similar types of equipment. Storage areas shall include not less than 40 square feet in area per dwelling unit and shall be a minimum of five feet in height and not less than four feet in width per dwelling unit.
(3)
Sufficient laundry, drying, garbage pickup and other utility areas shall be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.
N.
Recreation and open space; maintenance.
(1)
Multiple-family dwelling complexes shall be designed to create usable private open space. A minimum of 10% of the total tract area, exclusive of the required setback areas, buffer strip and parking areas, shall be designated for common recreational purposes.
(2)
No recreational area shall be less than 10,000 square feet in area nor less than 100 feet in width. Areas designated for recreation purposes shall be approved by the Planning Board.
(3)
Multiple-family dwelling complexes shall be attractively landscaped and properly maintained. Open space adjacent to, around or between driveways, parking areas, structures or other required improvements shall be graded and seeded to provide a thick stand of grass or other plant material.
(4)
Multiple-family developments shall be constructed in accord with the site development plan approval by the Planning Board and shall be designed to include adequate provisions for stormwater runoff.
O.
Utilities.
(1)
All public utility, electric, gas, cable television and telephone lines shall be installed underground.
(2)
Multiple-family developments shall be served exclusively by public water and sanitary sewer services. Connections to existing supply and disposal systems shall be approved by the appropriate authorities having jurisdiction thereof.
§ 163-58 Townhouse developments.
The Planning Board may approve a special use permit for townhouse developments in any residential district, provided that the following standards and provisions are maintained:
A.
General requirements. No site preparation or construction shall commence nor shall existing structures be occupied until final site development plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved. The following general requirements and standards shall govern the review and approval of site development plans for townhouse developments:
(1)
Each townhouse dwelling unit shall be located, constructed and served by public facilities and services and utilities in such fashion that each dwelling unit may be sold individually.
(2)
Each individual dwelling unit in a townhouse shall be separated from other such dwelling units by a fire wall. Such fire wall shall be of masonry construction, shall extend from the foundation to the roof and shall be unpierced.
(3)
Natural features, including streams, drainageways and existing trees, shall be preserved and incorporated in the landscaping of the development.
(4)
All utility lines which provide electric, gas, telephone, television or other similar services shall be installed underground. Surface-mounted equipment shall be located in a manner so as to minimize potential conflict with other uses and activities.
(5)
Plans submitted for townhouse developments shall identify areas proposed for dedication to the village, areas to be held in common ownership and property to be owned by individuals.
(6)
Common property shall, except when accepted by the Village Board for dedication, be privately owned. Where property is to remain in common ownership, the developer shall provide for and establish an organization for the ownership and maintenance of such common property. Rules and regulations proposed to govern the operation and maintenance of all common property shall be submitted for review and approval by the Planning Board. Common property shall not be changed from its status or use as common property without specific authorization of the Village Board.
(7)
In reviewing proposals for the establishment of organizations to govern the ownership and maintenance of any common property, the Planning Board shall consider and determine the adequacy of:
(a)
The timetable for the creation of the organization.
(b)
The requirements for membership in the organization by residents.
(c)
The safeguards to ensure the continuance of the common property as common property.
(d)
The liability of the organization for insurance, taxes and maintenance of all facilities.
(e)
The provision for pro rata sharing of costs and assessments.
(f)
The financial capacity of the organization to maintain and administer common facilities.
(g)
The proposed relationship between the developer and the organization and the plan to turn over the responsibility for the maintenance and administration of common facilities to the organization.
B.
Minimum standards for townhouse developments.
(1)
Area. The minimum land area for townhouse developments shall be two acres.
(2)
Densities. The maximum density of residential development per gross acre of land (including roadways, pedestrian walkways, common recreation and off-street parking areas, open areas and all nonresidential areas) for townhouse developments shall not exceed six units per acre in the R-1 Residential District and eight units per acre in the R-2 Residential District.
(3)
Open space. Not less than 25% of the land area within a townhouse development, excluding parking areas and vehicle access facilities, shall be developed and maintained as open space for the use and enjoyment of residents of said development and their guests.
(4)
Lot coverage. The coverage of all buildings and structures within a townhouse development shall not exceed 25% of the area of the tract.
(5)
Building height. No townhouse building shall exceed 32 feet in height.
(6)
Distance between buildings. The minimum distance between two townhouse dwelling buildings shall be 60 feet. The minimum distance between a townhouse dwelling building and any other structure, including a swimming pool, shall not be less than 25 feet.
(7)
Setbacks. No minimum front, side or rear setbacks shall be required within a townhouse development except when dwelling units are positioned relative to a public street. Where a structure faces or abuts a public street, no part of the structure shall be located closer than 60 feet to the public right-of-way. No structure shall be set back less than 20 feet from any common parking area.
(8)
Setbacks from other districts. No structure within a townhouse development shall be located closer than 40 feet to any residential district boundary line. This setback shall be increased to 60 feet where the zone district boundary line abuts a business or industrial district.
C.
Building standards.
(1)
No more than eight townhouse dwelling units shall be included in a single dwelling building.
(2)
No building shall exceed a maximum length of two 240 feet on any exterior facade.
(3)
Townhouse dwelling buildings shall be related to one another in design, building mass, materials and placement to provide a visually and physically integrated development.
(4)
The treatment of the sides and rear facades of all buildings in a development shall be comparable in amenity and appearance to the treatment of any building facade which faces a public street and complimentary in architectural design to adjacent residential structures.
(5)
Building walls shall be oriented so as to ensure adequate exposure of light and air to each dwelling unit and to the rooms within.
(6)
Buildings shall be arranged so as to preserve visual and audible privacy between each townhouse dwelling unit and adjacent townhouse buildings.
(7)
Building entranceways of adjacent dwelling units in the same structure shall be designed to ensure the privacy of occupants. This may be accomplished by varying the setbacks of entranceways or by providing screening or landscaped plantings, as appropriate.
(8)
Building entranceways shall be provided with appropriate illumination for the convenience and safety of residents. Such lighting shall be shielded to avoid glare disturbing other properties.
(9)
All townhouse dwelling units shall include ground floor living space. The location of an enclosed garage shall not qualify as meeting this requirement.
D.
Townhouse parking standards.
(1)
No less than two off-street parking spaces shall be provided for each townhouse dwelling unit.
(2)
The developer may meet the requirements for off-street parking by providing parking spaces in an enclosed garage, plus any combination of spaces on private driveways and/or in a common parking lot.
(3)
No common off-street parking lot or outdoor storage area shall be located closer than 25 feet to any adjacent property.
(4)
All off-street parking areas shall be privately owned and maintained.
(5)
Common off-street parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate the unsightliness of parked cars.
(6)
Common off-street parking areas shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of the overall site development plan.
(7)
Common off-street parking areas shall be provided with suitable lighting for the convenience and security of residents, but positioned and shielded to minimize glare and potential inconvenience to residents of the townhouse development and adjacent properties.
E.
Size of townhouse dwelling units. The gross habitable floor area for all townhouse dwelling units shall conform to the minimum requirements specified in Schedule I.[1]
[1]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
F.
Landscape site design standards.
(1)
Landscaping shall be provided along and adjacent to all streets, common driveway areas and common off-street parking areas. Landscaping treatments shall be designed, coordinated and installed in accordance with the site development plan approved by the Planning Board.
(2)
Landscape treatment shall consist of shrubs, ground cover and street trees and shall be designed and installed to provide an attractive development pattern. Landscape materials selected should be appropriate to the growing conditions of the local environment.
(3)
Whenever possible, existing trees shall be conserved and integrated into the landscape design plan.
(4)
All landscaping except for trees, shrubs and grasses, either existing or to be installed within the public right-of-way, shall be privately owned and maintained.
G.
Site circulation system design standards.
(1)
An adequate, safe and convenient circulation system shall be provided.
(2)
The arrangement of streets and common parking areas shall be designed as integral parts of an overall site development plan. These features shall be properly related to existing and proposed buildings and appropriately landscaped.
H.
Miscellaneous townhouse regulations.
(1)
No home occupations and no business activities of any type shall be permitted within a townhouse development.
(2)
Signs.
(a)
No signs shall be permitted in a townhouse development except for a single illuminated nonflashing nameplate sign not more than two square feet in area attached to the townhouse dwelling unit and bearing only the name of the occupant and/or the street number of the dwelling.
(b)
One ground-type sign indicating only the name and address of the development shall be allowed. Such sign shall not exceed four feet in height above grade and be larger than 16 square feet in area. Such sign shall not be closer to any lot line than 1/2 of the required setback. Said sign shall not be illuminated, except indirectly.
(c)
One temporary advertising ground-type sign pertaining only to the sale of a townhouse dwelling unit shall be allowed, provided that such sign shall not exceed six square feet in area. Such signs shall be located not more than 10 feet from the front entrance to the townhouse dwelling unit which is for sale and shall be removed within seven days after the execution of any agreement for the sale of the premises.
(3)
Fencing.
(a)
All fencing of common areas shall be shown on the site development plan approved by the Planning Board.
(b)
Individual owners may erect privacy fences to enclose outdoor areas of individual dwelling units. Such fences may be up to six feet above ground level, provided that such fencing is located not less than 15 feet from a public street, common off-street parking or storage area or vehicular accessway thereto. Fencing which is closer than 15 feet to a public street or common off-street parking or storage area or vehicular accessway thereto shall not exceed three feet above ground level.
(4)
Except for land which is owned in common, no property owner shall erect or place an accessory building or structure on the premises.
(5)
The storage of any unregistered vehicles or other similar equipment out of doors overnight shall be prohibited, except in a common parking area.
I.
Special accessory uses. The following special accessory uses may be established for the common and exclusive use of owners of townhouse residences and their guests. Such special accessory uses shall be operated on a not-for-profit basis and subject to the approval of the Planning Board.
(1)
Recreational facilities, such as open or enclosed tennis courts, exercise facilities, picnic areas, gazebos or swimming pools as regulated herein.
(2)
One structure to house maintenance shops and vehicles to be used exclusively for the maintenance and management of the townhouse development.
(3)
Common space for the exclusive use and convenience of residents of the townhouse development and their guests to park vehicles. Such common space shall be adequately landscaped and buffered so as to screen the site from adjacent areas and uses.
§ 163-59 Cluster residential developments.
The Planning Board may approve a special use permit for cluster residential developments of one-family detached dwellings in any residential district, provided that the following standards and provisions are maintained:
A.
A site development plan shall be submitted in conformance with the requirements of § 163-19 of this chapter.
B.
The minimum tract size shall be 10 acres.
C.
The lot size, yard, area and height requirements shall be established on an individual case basis which reflects the unique conditions of each site proposed for development, the potential impact on adjacent properties and to ensure consistency with the Village Master Plan.
D.
The number of lots or units (density of development) in a cluster plan shall not exceed that which could be created under a conventional development plan for the same tract of land.
E.
The developers shall set aside an area of not less than 20% of the gross acreage of the tract to be devoted exclusively to permanent recreation areas or open space.
F.
All recreation or open space areas shall, in the opinion of the Planning Board, be suitable for such use. The ownership and future maintenance of such recreation areas shall be subject to the approval of the Planning Board or offered for dedication to the village.
§ 163-60 Car wash establishments.
The Planning Board may approve a special use permit for car wash establishments, including both coin-operated vehicle washers and automatic vehicle washers, in the C-B Central Business, G-B General Business and L-I Light Industrial Districts, provided that the following standards and provisions are maintained:
A.
Coin-operated vehicle washers. These washers are intended to be those where the vehicle operator washes the vehicle by using a hose which is geared to a coin-operated, timed mechanism.
(1)
The vehicle-washing facility or customary uses or operations associated with the facility shall be located no closer than 200 feet to any residential district and shall be separated from a residential district by another nonresidential use.
(2)
All washing facilities shall be within a completely enclosed building which shall be designed in keeping with the facades of adjacent land uses.
(3)
Vacuuming facilities may be located outside the building but shall not be in the front yard and shall meet the respective setback requirements as required for the specific district in which the use is proposed. Such area shall be buffered or screened as deemed necessary by the Planning Board.
(4)
Off-street parking shall be provided on the property in the ratio of not less than four reservoir parking spaces entering each washing stall and three reservoir parking spaces at the exit from each stall, plus one space per employee.
(5)
Adequate drainage facilities shall be provided to prevent standing water on-site.
(6)
All off-street parking areas shall be hard-surfaced and paved with asphalt or concrete.
(7)
Any lights used to illuminate the area shall be directed away from adjacent properties.
(8)
The hours of operation shall be determined by the Planning Board.
B.
Automatic vehicle washers. These vehicle washers are intended to be those where the vehicle is either slowly driven through or pulled through by an automatic chain mechanism. This vehicle washer is one in which the vehicle operator does not perform any of the washing function other than to drive the vehicle where necessary.
(1)
The vehicle-washing facility and customary uses or operations associated with the facility shall not be located closer than 300 feet to a residential district and shall be separated from a residential district by at least two other nonresidential uses.
(2)
All vehicle wash operations shall be so soundproofed, the entire development shall be so arranged and the operations shall be so conducted that the noise emanating therefrom, as measured from any point on the adjacent property, shall be no more audible than the noise emanating from the ordinary street traffic and from other commercial or industrial uses measured at the same point on said adjacent property.
(3)
There shall be provided no less than 10 reservoir parking spaces for the entrance to each washing area if there are two bays and seven if there are three or more bays and five parking spaces at the exit of each washing area. One parking space shall also be provided for each employee on the maximum shift.
(4)
Vacuuming facilities may be provided outside of the building but shall meet the setback requirements as required for the specific district in which the use is proposed. Such area shall be buffered or screened as deemed necessary by the Planning Board.
(5)
Adequate drainage facilities shall be provided to prevent standing water on-site.
(6)
Any lighting shall be directed away from adjacent properties.
(7)
All off-street parking areas shall be hard-surfaced and paved with asphalt or concrete.
(8)
All washing operations shall be conducted within enclosed structures which shall be externally designed to be in keeping with the exterior facades of adjacent land uses.
C.
Operators of car wash establishments may be permitted to sell gasoline on the site of the car wash property. The Planning Board, in considering such a request, may require the operator to submit additional information to adequately describe the location and operation of such activity and, as a condition of granting such approval, may impose any conditions it deems necessary to protect the health and safety of motorists and pedestrians and to protect adjacent properties from potential adverse impacts of such use. Under no conditions shall the operator be allowed to perform repairs to motor vehicles on the site. Further, any merchandise available for sale shall be maintained within a fully enclosed building.
§ 163-61 Home occupations.
The Planning Board may approve a special use permit for a home occupation in any residential district, provided that the following standards are maintained:
A.
No more than one person other than a member of the immediate family occupying such dwelling shall be employed as part of the home occupation.
B.
A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use. Home occupations may occupy either up to 15% of the gross floor area of the residence to be used for the conduct of a home occupation or an area of up to 200 square feet if operated in an accessory structure.
C.
In no way shall the appearance of the structure used for the home occupation be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations.
D.
No outdoor display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.
E.
No sign shall be permitted except in accordance with the provisions of Article XIII.
F.
Off-street parking shall be provided in accordance with Article XI.
G.
No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
H.
Not more than one home occupation shall be permitted for each residential property.
I.
Subject to the provisions of this chapter, home occupations shall be limited to the following uses:
(1)
Medical and dental office.
(2)
Other professional office, including but not limited to lawyer, engineer and architect.
(3)
Custom dressmaking, seamstress and milliner.
(4)
Artist.
(5)
Musician.
(6)
Tutoring or counseling for no more than four individuals at one time.
(7)
Barbershop.
(8)
Beauty salon.
(9)
Woodworking shop.
(10)
Small tool repair shop.
(11)
Collectibles, crafts and similar cottage industry operations.
(12)
Limousine and taxi service, provided that no more than two vehicles are garaged on the residential property.
(13)
The sale of homegrown produce.
§ 163-62 Rooming houses.
The Planning Board may approve a special use permit for a rooming house in any R-2 Residential District, provided that the following standards and provisions are maintained:
A.
No rooming house shall provide shelter for more than two tenants who are not members of the household unit.
B.
Off-street parking shall be provided as follows: at least two spaces for the family or household unit residing on the premises, plus not less than one additional space for each roomer.
C.
One sign up to four square feet in area may be permitted on the premises. If freestanding, such sign shall not exceed four feet in height. Such sign may not be illuminated, except indirectly.
D.
The Planning Board shall specify the minimum amount and location of buffer screening to ensure that the use does not create a nuisance for adjoining property owners.
§ 163-63 Windmills or wind generators.
The Planning Board may approve a special use permit for a windmill or wind generator in any district, provided that the following standards and provisions are maintained:
A.
In addition to the application requirements specified for site development permits in § 163-15, the site development plan proposals for a windmill or wind generator shall also show:
(1)
The location of the tower on-site and tower height, including blades, rotor diameter and ground clearance.
(2)
All utility lines both above and below ground within a radius equal to the proposed tower height, including blades.
(3)
Dimensional representation of the various structural components of the tower construction, including the base and footings.
(4)
Design data indicating the basis of design, including manufacturer's dimensional drawings, installation and operation instructions.
(5)
Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind load requirements for structures.
B.
No windmill, including blades, shall extend more than 75 feet above the average ground level measured at the base of the tower.
C.
No more than one windmill or tower shall be permitted as an accessory use to any property.
D.
No windmill shall be erected in any location where its overall height, including blades, is greater than the distance from its base to any property line.
E.
Access to the tower shall be limited either by means of a fence six feet high around the tower base with a locking portal or by limiting tower-climbing apparatus to no lower than 12 feet from the ground.
F.
No windmill shall be installed in any location along the major axis of an existing microwave communications link where the operation of the windmill is likely to produce an unacceptable level of electromagnetic interference, unless the applicant provides sufficient evidence satisfactory to the Planning Board indicating the degree of expected interference and the possible effect on the microwave communications link.
G.
Windmills shall be located or installed in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach zones (15.503) and clearance around VOR and DVOR stations.
H.
All sites proposed for windmills shall have sufficient access to unimpeded air flow for adequate operation. The Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521, or other nationally recognized reference should be used as a guide in siting the location of towers.
I.
No windmill shall be installed in a location where the impact on the neighborhood character is determined by the Planning Board to be detrimental to the general neighborhood character.
J.
If the windmill is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by the local power company.
K.
Towers shall be located in either a rear or side yard. Applicants seeking a side yard siting shall demonstrate that such a location is essential to the viability of the proposed investment.
L.
Guy wires and anchors for towers shall not be located closer than 10 feet to any property line.
M.
All windmills shall be designed with an automatic brake to prevent overspeeding and excessive pressure on the tower structure.
N.
The minimum distance between the ground and any protruding blades shall not be less than 10 feet as measured at the lowest point of the arc of the blades.
§ 163-64 Bed-and-breakfast establishments.
The Planning Board may approve a special use permit for bed-and-breakfast establishments in the R-2 Residential District, provided that the following standards and provisions are maintained:
A.
The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in Schedule I of this chapter[1] for single-family dwellings.
[1]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
B.
The building proposed for occupancy as a bed-and-breakfast establishment shall contain no more than four lodging rooms for hire.
C.
The operator of the bed-and-breakfast establishment shall reside on the premises and shall be the only permanent occupant on the premises.
D.
The structure proposed for use as a bed-and-breakfast establishment shall meet the requirements of the Uniform Code.
E.
Off-street parking space shall be provided as follows: at least two spaces shall be provided for the family residing on the premises, plus not less than one additional space for each lodging room.
F.
One sign up to six square feet in area may be permitted on the premises. The sign may be freestanding or mounted on the building. If freestanding, the sign shall not be more than four feet in height measured from the ground to the top of the sign. Such signs may not be illuminated, except indirectly.
G.
The operator of the bed-and-breakfast establishment shall not provide more than one meal per day to any guest.
H.
The exterior of the building shall be maintained consistent with the neighborhood character of the area.
I.
The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to ensure that the use does not create a nuisance for adjoining property owners.
§ 163-65 Planned business centers.
The Planning Board may approve a special use permit for a planned business center in the G-B General Business District, provided that the following standards and provisions are maintained:
A.
The Planning Board shall determine that the physical character of the site proposed for planned business use is adequate to accommodate the proposed use.
B.
The site shall be served by public water and sanitary sewer services.
C.
The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.
D.
The Planning Board shall determine that the plans for storm drainage are capable of serving the planned business area.
E.
Proposed planned business centers shall be located on a site of not less than four acres, with not less than 300 feet of frontage on each highway which fronts the site.
F.
Planned business centers shall be constructed in accordance with an overall plan for the entire area and shall be designed with a single architectural scheme with appropriate common off-street parking, service road access and landscaping. The development shall provide initially for the construction of either a minimum of 8,000 square feet of ground floor area or a minimum of four of the permitted uses.
G.
The number, location and width of entranceways to provide access to such planned development centers shall be determined on an individual case basis by the Planning Board.
H.
Uses permitted are shopping centers, stores and shops where retail goods are sold or personal services rendered which are similar, but not limited, to the following:
(1)
Retail business establishments, such as grocery stores, drugstores, stationery, furniture, home furnishings, appliances, variety and clothing stores and restaurants.
(2)
Personal service establishments, such as barber- and beauty shops, shoe repair shops, business and professional offices, self-service laundries and dry-cleaning stores.
I.
Off-street parking shall be provided at a ratio of not less than one parking space per 150 square feet of floor area. Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use shall also be permitted.
J.
Truck loading and unloading areas shall be provided in sufficient amount to permit the transfer of goods and materials on the premises rather than on a public street or customer off-street parking area on the premises. A dense landscaping screen of not less than six feet in height shall be required where off-street loading and unloading areas abut residential uses, so that such operations shall be shielded from view from such residences.
K.
The regulations of Article XIII shall govern the location, size, number and characteristics of signs in a planned business center.
L.
The Planning Board may prescribe more restrictive conditions deemed reasonable or appropriate with respect to improving the design quality of a planned business center.
M.
A letter of credit shall be established and provided prior to final approval of the planned business center to assure that all parking, entrances, exits, facilities and services are installed as required and proposed.
N.
Where a planned business center abuts a residential use or district, there shall be a landscaped buffer strip not less than 30 feet in depth at the periphery of the planned business center. This landscaped buffer shall be provided within the minimum setback requirements. The buffer strip shall include materials and be perpetually maintained by the developer or owner to provide a visual screen between the planned business center and the adjoining residential lot(s) and shall be used for no other purpose.
O.
Lighting within the center shall be provided in a manner so as to minimize potential disturbance to adjacent properties.
§ 163-66 Public markets.
The Planning Board may approve a special use permit for a public market in the G-B General Business District, provided that the following standards and provisions are maintained:
A.
Minimum lot size, frontage and setback requirements shall conform to the specifications set forth in Schedule I of this chapter.[1]
[1]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
B.
Items offered for sale shall principally be agricultural products grown or raised on area farms.
C.
The Planning Board shall determine that the character of the site is appropriate for such use and that plans for water supply, sewage disposal and storm drainage are capable of serving the proposed use.
D.
The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners. The Planning Board shall specify the location, number and width of driveways deemed appropriate to serve the proposed use.
E.
The Planning Board shall determine that areas designated for off-street parking and for the loading and unloading of goods are adequate to accommodate the level of activity anticipated with the proposed use.
F.
No site preparation or construction shall commence until final site development plan approval has been granted and permits issued by all governmental agencies involved.
G.
The Planning Board shall review and approve the amount and location of landscaping and buffer screening to be provided.
H.
No signs shall be permitted except in accordance with Article XIII.
I.
The Planning Board, in approving such uses, may impose other controls and operating requirements which, in its opinion, are necessary to protect public health, safety and welfare.
§ 163-67 Retail business and personal service establishments.
The Planning Board may approve a special use permit for retail business and personal service establishments of the types permitted in the C-B and G-B Districts in the L-I Light Industrial District, provided that the standards and provisions which govern such uses in the C-B and G-B Districts are maintained.
§ 163-68 Transfer stations/recycling uses.
The standards and provisions which the Planning Board may use to approve a special use permit for the establishment of a transfer station or recycling use in the L-I Light Industrial District are reserved.
§ 163-68.1 Artisan/craftsman facilities.
[Added 4-20-2015 by L.L. No. 1-2015]
A.
The Planning Board may approve a special use permit for an artisan/craftsman facility in the G-B General Business District, provided that the following standards and provisions are maintained:
(1)
Minimum lot size, frontage and setback requirements shall conform to the specifications set forth in Schedule I of this chapter. The entire area intended for retail parking and shall be of a hard surface (asphalt or concrete). As these facilities shall be considered multi-use, the minimum percentage to be utilized for retail shall be 20%, and parking shall be calculated based upon both uses.
(2)
Items on site must be raw materials which will be refined, milled and or processed into a finish grade for sale on the premises and entered into a general stream of commerce.
(3)
The Planning Board shall determine that that character of the site is appropriate for such use and that plans for water supply, sewage disposal and storm drainage are capable of serving the proposed use. The proposed use shall not exceed the normal lighting, emissions, noise, odor or vibrations for the area.
(4)
The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance to adjoining property owners. The Planning Board shall specify the location, number and width of driveways deemed appropriate to serve the proposed use.
(5)
The Planning Board shall determine that areas designated for off-street parking and for the loading and unloading of goods are adequate to accommodate the level of activity anticipated for the proposed use.
(6)
No site preparation or construction shall commence until a final site development plan approval has been granted and permits have been issued by all governmental agencies involved. All additional storage facilities, bulk storage areas, tanks or chemical storage vessels shall be set forth in the site plan.
(7)
The Planning Board shall review and approve the amount and location of landscaping and buffer screening to be provided for the use.
(8)
The only signage to be permitted shall be approved by the Planning Board and shall be in accordance with Article XIII.
(9)
The proposed facility may include:
(a)
A loading dock for delivery of raw materials.
(b)
A processing plant for creation of final products.
(c)
A warehousing facility for storage of final product awaiting delivery.
(d)
A loading facility for re-entry of final product into general commerce.
(e)
Twenty percent of the entire facility must be utilized for retail purposes.
(f)
On site consumption of goods is permitted.
*Note: This shall mean that either retail space of 20% of the whole facility is utilized for retail space or, in the alternative, that a processing facility is constructed in such a manner that retail customers are brought into the processing area for an artisan/craftsman experience. |
(i.e., artisanal cheese makers, craft breweries, wineries, bakeries, graphic design with retail outlet, pasta/bread makers, maple syrup makers, pottery, glass blowing, soaps/oils etc.) |
(10)
Permitted structures may include an existing facility or within a principal building or accessory structure.
(11)
Hours of operation may be from 6:00 a.m. to 11:00 p.m. for loading, unloading and manufacturing purposes, and include retail operational hours from 6:00 a.m. to 2:00 p.m.
(12)
There shall be no hazardous materials stored, used, or manufactured on site, including highly toxic, explosive, flammable, combustible, corrosive, radioactive or similar waste products exceeding those amounts which are typically found in normal business use.
(13)
No structures shall exceed 35 feet in height.
(14)
The Village will not authorize the use or confinement of animals on site for any artisan/craftsman use.
(15)
The Planning Board, in approving such uses, may impose other controls and operation requirements which, in its opinion, are necessary to protect public health, safety and welfare.
B.
It is recognized that certain industrial activities, though typically most frequently sited within industrial zones, may, with proper attention being paid to certain elements of their activity, be sited within a G-B- General Business District, so long as they have a retail component. Therefore, it is recognized that the special regulation of these uses is necessary to ensure the adverse effects will not contribute to the blighting or downgrading of the surrounding neighbors, businesses or land uses.