This article describes procedures and standards for approval
of special land uses. These uses, because of their unique characteristics,
require special consideration in relation to the welfare of adjacent
properties and the community as a whole. The regulations and standards
herein are designed to allow reasonable uses of land while maintaining
adequate provisions for the protection of the health, safety and welfare
of the community.
A.
Application for approval of a special land use shall be made by submittal
of the following to the Zoning Administrator:
(2)
A legal description, either by metes and bounds or by subdivision
lot and block, and a street address.
(3)
A completed application on a form provided by the Village.
(4)
Payment of an application fee, which shall be nonrefundable,
as established from time to time by resolution of the Village Council.
B.
In cases where a public hearing on the special land use is required,
the application shall be submitted at least 21 days prior to the desired
public hearing date.
A.
Procedure for special land uses:
(1)
Upon receipt of an application for approval of a special land
use, the Zoning Administrator shall cause notice to be given, in accordance
with the Zoning Enabling Act. The notice shall:
[Amended 12-20-2010 by Ord. No. 320]
(a)
Describe the nature of the special land use request;
(b)
Describe the property which is the subject of the special land
use request, by both legal description and street address;
(c)
State when and where a public hearing on the special land use
request will be held; and
(d)
State when and where written comments will be received concerning
the special land use request.
(2)
Following notice, the Planning Commission shall hold a public
hearing on the special land use request, and the Planning Commission
shall thereafter be responsible for consideration and action on the
special use request, in accordance with the standards for approval
contained in this article.
B.
Procedure for home occupation.
(1)
Upon receipt of an application for approval of a home occupation
as a special use, the Zoning Administrator shall cause notice to be
given, in accordance with the Zoning Enabling Act. This notice shall:
(a)
Describe the nature of the home occupation special use request;
(b)
Describe the property which is the subject of the home occupation
special use request, by both legal description and street address;
(c)
State that a public hearing before the Planning Commission may
be requested in writing by the applicant or a property owner or occupant
of a structure located within 300 feet of the property being considered
for the home occupation special use, within 10 days of the notice
date;
(d)
State when and where the home occupation special use request
will be considered; and
(e)
State when and where written comments will be received concerning
the special land use request.
(2)
If a written request for a public hearing is received within 10 days of the date of notice by the applicant or by a property owner or occupant of a structure located within 300 feet for the property being considered for the home occupation, the Zoning Administrator shall cause notice of a public hearing to be given, in accordance with the Zoning Enabling Act. The notice shall contain all of the information required by § 390-195A(1)(a) through (d). above.
(3)
Following notice, the Planning Commission shall hold a public
hearing on the home occupation special use request, and the Planning
Commission shall thereafter be responsible for consideration and action
on the home occupation special use request, in accordance with that
standards contained in this article.
(4)
If written request for a public hearing is not received within
such ten-day period, the Zoning Administrator shall thereafter be
responsible for consideration and action on the home occupation special
use request, in accordance with the standards for approval contained
in this article; provided, however, that the Zoning Administrator
may, at his discretion, decline to take action concerning the home
occupation special use request, and instead, initiate a public hearing
and refer the home occupation special use request to the Planning
Commission for a hearing and action as provided herein.
A.
The Planning Commission or the Zoning Administrator, as applicable,
may approve, approve with conditions or deny the special land use
request, based upon review and consideration of materials submitted
with the application and comments received at the public hearing,
if one is held. The Commission or Zoning Administrator shall approve,
or approve with conditions, a special land use request only upon a
finding that all of the following standards for approval are complied
with:
(1)
That the use is designed and constructed, and will be operated
and maintained so as to be harmonious and appropriate in appearance
with the existing or intended character of the general vicinity and
that such use will not change the essential character of the area
in which it is proposed.
(2)
The use is, or will be, served adequately by public services
and facilities, including, but not limited to streets, police and
fire protection, drainage structures, refuse disposal, water and sewer
facilities and schools.
(3)
The use does not involve activities, processes, materials and
equipment or conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of traffic, noise,
smoke, fumes, glare or odors.
B.
The Planning Commission or Zoning Administrator, as applicable, may
impose reasonable conditions in conjunction with approval of a special
land use which are deemed necessary to 1) insure that public services
and facilities will be capable of accommodating increased service
and facility loads caused by the proposed special land use, 2) protect
the natural environment and conserve natural resources and energy,
3) insure compatibility with adjacent uses of land, and 4) promote
the use of land in a socially and economically desirable manner. Conditions
imposed shall comply with the Zoning Enabling Act.
C.
The decision of the Planning Commission or Zoning Administrator,
as applicable, shall be incorporated in a statement of conclusions
specifying the basis of the decision and any conditions imposed. The
decision and statement of conclusions, including conditions imposed
on any approval, shall be kept and made a part of the minutes of the
Planning Commission or as part of an official record.
A.
A special land use approval granted pursuant to this article shall be valid for one year from the date of approval, unless approval is revoked as provided in § 390-198, or the special land use has been initiated or construction necessary for such use has been initiated and is proceeding meaningfully toward completion, in which case the approval shall remain valid indefinitely, unless the use is abandoned or discontinued for six consecutive months.
B.
If, by the end of this one-year period, the special land use has
not been initiated or the construction necessary for such use has
not been initiated or, if construction has been initiated, it is not
proceeding meaningfully toward completion, then the special land use
approval shall be deemed expired and no longer valid.
C.
A special land use approval, including conditions imposed, is attached
to and shall run with the land for which the approval is granted,
and shall be binding upon subsequent owners and all occupants of the
subject land.
D.
Applications for reapproval of an expired special land use approval
shall be considered in the same manner as the original approval in
accordance with the procedures in this article.
The Planning Commission may revoke any special land use approval, or take any other action allowed by law, if the applicant fails to comply with any of the applicable requirements in this article, any conditions placed on the original approval by the Planning Commission, or any other applicable provisions of this chapter. Prior to revoking a special land use approval, the Planning Commission shall conduct a public hearing and give notice of such hearing in accordance with § 390-195.
A.
The special land uses for which specific requirements are provided
are as follows:
[Amended 12-20-2010 by Ord. No. 320; 1-21-2019 by Ord. No. 352]
(1)
Automobile service stations.
(2)
Banks, credit unions, savings and loan institutions with drive-through
facilities.
(3)
Bed-and-breakfast establishments.
(4)
Car washes, automatic or self-service.
(5)
Electric substations and gas regulator stations.
(6)
Foster care group homes.
(7)
Funeral homes.
(8)
Gasoline sales.
(9)
Group day-care homes.
(10)
Hotels, motels.
(11)
Indoor commercial recreation establishments.
(12)
Marinas.
(13)
Restaurants, including drive-through facilities.
(14)
Restaurants, not including drive-through facilities.
(15)
Retail businesses, a portion of which are conducted in the open
air.
(15.1)
Short term rentals.
(16)
Tool and die machinery shops.
(17)
Two-family dwellings.
(18)
Vehicle repair or storage establishments.
(19)
Veterinary offices.
(20)
Wholesale establishments and warehouses which sell packaged
or repackaged products at retail on the premises.
(21)
Assembly operations consisting only of limited assembly, fastening,
and packaging or repackaging of previously manufactured components.
(22)
Parking lots.
(23)
Adult day-care facilities.
(24)
(Reserved)
(25)
Community support facility.
B.
The following requirements shall apply to any special land use approved
after the effective date of this chapter. Uses lawfully in existence
on the effective date of this chapter shall not be considered nonconforming
uses or nonconforming structures by reason of noncompliance with the
following requirements; provided, however, that the Planning Commission
may, as a condition of approval of any special land use request for
expansion or modification of such an existing use, require reasonable
measures to be taken to eliminate existing noncompliance with these
requirements.
(1)
Automobile service stations.
(a)
There shall be a minimum lot area of 12,000 square feet and
minimum lot width of 100 feet.
(b)
Pump islands shall be a minimum of 15 feet from any public right-of-way
of lot line.
(c)
Where adjoining a residential zoning district or use, or any
land in the P Zoning District, a solid fence or wall six feet in height
shall be erected along the common lot line. Such fence or wall shall
be continuously maintained in good condition.
(d)
All repair work shall be conducted completely within an enclosed
building.
(e)
Any materials or products stored outside and not for sale shall
be completely enclosed by a solid fence, wall or landscape screen
approved by the Planning Commission as part of the special land use
approval. Such fence, wall or landscape shall be continuously maintained
in good condition.
(f)
In the event that an automobile service station use has been
abandoned or terminated for a period of more than one year, all underground
gasoline storage tanks shall be removed from the premises.
(2)
Banks, credit unions, savings and loan institutions with drive-through
facilities.
(a)
Only one ingress/egress driveway shall be permitted on any single
street. A one-way-in/one-way-out driveway shall be counted as a single
ingress/egress driveway.
(b)
Sufficient stacking capacity for the drive-through facility
shall be provided to ensure that traffic does not extend into the
street. A minimum of five stacking spaces (including one space at
the drive-through facility) per each drive-through facility station
shall be provided in all cases. Spaces in addition to the minimum
required shall be provided if determined by the Planning Commission
to be necessary to ensure that traffic does not extend into the street.
Stacking shall be planned so as to minimize conflicts with entering
and exiting traffic, pedestrians and parking areas.
(3)
Bed-and-breakfast establishments.
[Amended 11-23-2009 by Ord. No. 317]
(a)
A bed-and-breakfast establishment shall only be permitted in
a single-family detached dwelling which shall be owner occupied at
all times. During temporary absences (up to 14 days in a calendar
year) the owner's designee must be on the premises.
(b)
A bed-and-breakfast establishment shall only be permitted on
the following major streets in the Village: Savidge Street, West Exchange
Street, and Liberty Street.
(c)
The bed-and-breakfast shall not alter the residential character
of the building or structure. The impact of the bed-and-breakfast
shall be no greater than that of a private home with house guests.
(d)
The rooms utilized for the bed-and-breakfast shall be a part
of the principal residential use and not specifically constructed
for rental purposes. Additions to the home to allow expansion of the
bed-and-breakfast are not permitted. The residence shall not have
or be converted to more rental rooms than the number of bedrooms which
exist at the time of enactment of this article.
(e)
The residential character of the dwelling shall be preserved,
and no structural alterations, construction features, or site features
of a nonresidential nature shall be permitted. No accessory building
shall be used for bed-and-breakfast activities. The Planning Commission
may permit the use of an existing carriage house as a guest sleeping
area for a bed-and-breakfast.
(f)
The total number of bedrooms rented to guests shall not exceed
four.
(g)
Meals may be served to overnight guests only and shall not be
served to the public at large. No cooking facilities are allowed in
individual rooms.
(h)
No receptions, private parties, conferences, or other such activities
shall be permitted. No conference/meeting rooms shall be permitted.
(i)
Each sleeping room shall have a separate smoke detector alarm.
There shall be a fire extinguisher in proper working order on every
floor. There shall be at least two exits to the outdoors from the
premises.
(j)
Lavatories and bathing facilities shall be provided for all
registered guests at a ratio of not less than one bathroom per two
guest bedrooms.
(k)
The maximum length of stay for any guests of the bed-and-breakfast
operation shall be 14 consecutive days and not more than 30 days in
any one year.
(l)
All bed-and-breakfast operations shall maintain a guest register
including name, address, phone number, and vehicle license number,
and indicating the dates of arrival and departure, which shall be
subject to inspection by the Zoning Administrator or Code Official
during reasonable hours.
(m)
Exterior refuse storage facilities beyond what might normally
be expected for a single-family detached dwelling shall be prohibited.
(n)
Accessory retail and service uses, including but not limited to gift shops, antique shops, restaurants, and bakeries shall be prohibited unless the bed-and-breakfast establishment is located in a commercial district where such uses are permitted. Additional parking shall be provided for such additional uses as required in § 390-183.
(o)
Off-street parking shall be provided at a minimum ratio of two spaces for the residence plus one space for each permitted guest room. No parking shall be permitted in the front yard. No parking area shall be lighted except for a residential porch light as regulated in § 390-35. A landscape buffer shall separate the parking area from any adjacent residentially zoned or used property.
(p)
A complete floor plan and site plan, including off-street parking,
must be provided for review and approval of the Planning Commission.
(q)
Rooms utilized for guest sleeping shall not exceed two occupants
per room, not including children under the age of 12. Each room for
guest sleeping shall contain at least 100 net square feet of room
size.
(r)
Each dwelling utilized as a bed-and-breakfast establishment
shall comply with all applicable provisions of the State Construction
Code, Building Code, Electrical Code, Plumbing Code, Mechanical Code,
Property Maintenance Code, and Fire Prevention Code enforced by the
Village. The bed-and-breakfast establishment shall secure all applicable
state and local permits or certifications.
(s)
All signs for the bed-and-breakfast establishment shall comply with the regulations in Article XXII of this chapter.
(t)
Any property to be used for a bed-and-breakfast establishment shall be suitable for transient lodging facilities. In this connection, a bed-and-breakfast establishment shall meet the requirements of Chapter 271, Rental Units, Registration of, of the Code of the Village of Spring Lake, and shall be subject to periodic registrations and inspections as provided in said code.
(4)
Car washes, automatic or self-service.
(a)
Only one ingress/egress driveway shall be permitted on any single
street. A one-way-in/one-way-out access shall be counted as a single
ingress/egress driveway. Sufficient stacking capacity shall be provided
to ensure that traffic does not extend into the street. Self-service
car washes shall provide a minimum of four stacking spaces (including
one in the wash stall) per each washing stall. Automatic washes shall
provide a minimum of 15 stacking spaces (including two in the washing
facility). Spaces in addition to the minimum required shall be provided
if determined by the Planning Commission to be necessary to ensure
that traffic does not extend into the street. Stacking shall be planned
so as to minimize conflicts with entering and exiting traffic, pedestrians
and parking areas.
(b)
Where adjoining a residential zoning district or use, or any
land in the P Zoning District, a solid fence or wall six feet in height
shall be erected along the common lot line. Such fence or wall shall
be continuously maintained in good condition.
(5)
Electric substations and gas regulator stations.
(a)
Such facilities shall not be located on any lot which is closer
than 150 feet to any lot in a residential zoning district or any lot
occupied by a residential use.
(b)
The facilities shall be completely enclosed by a fence having
a minimum height of eight feet above grade.
(c)
Electric or gas regulator equipment and apparatus shall be set
back a minimum of 30 feet from all lot lines.
(7)
Funeral homes.
(a)
Minimum lot area shall be one acre, and minimum lot width shall
be 150 feet.
(b)
An off-street vehicle assembly area shall be provided to be
used in support of funeral procession activities. This area shall
be in addition to the required off-street parking and its related
maneuvering area.
(c)
A caretaker's residence may be provided within the main
building.
(d)
The use shall not be located on a street that is, in the judgment
of the Planning Commission, primarily a residential street.
(8)
Gasoline sales.
(a)
Minimum lot area shall be 12,000 square feet and minimum lot
width shall be 100 feet.
(b)
Pump islands shall be a minimum of 15 feet from any public right-of-way
or lot line.
(c)
Where adjoining a residential zoning district or use, or any
land in the P Zoning District, a solid fence or wall six feet in height
shall be erected along the common lot line. Such fence or wall shall
be continuously maintained in good condition.
(d)
In the event that the use of the property for sales of gasoline
has been abandoned or terminated for a period of more than one year,
all underground gasoline storage tanks shall be removed from the premises.
(9)
Group day-care homes.
[Amended 12-20-2010 by Ord. No. 320]
(a)
The home and property shall be maintained in a manner consistent
with the visible characteristics of the surrounding neighborhood.
(b)
A dropoff/pickup area shall be provided for vehicles off the
public street. Such area shall be arranged so as to allow entrance
to the public street without backing of vehicles and so as to minimize
conflicts between pedestrians and traffic.
(10)
Hotels, motels.
(a)
Minimum lot area shall be one acre and minimum lot width shall
be 150 feet.
(b)
Where adjoining a residential zoning district or use or any
land in the P Zoning District, a dense, evergreen vegetative buffer
not less than six feet in height at time of planting shall be erected
along the common lot line. Such buffer shall be continuously maintained
in good condition.
(11)
Indoor commercial recreation establishments.
(a)
Only one ingress/egress driveway shall be permitted on any single
street. A one-way-in/one-way-out access shall be counted as a single
ingress/egress driveway.
(12)
Marinas.
(a)
There shall be no aboveground storage of gasoline, fuel oil
or other flammable liquids or gases.
(b)
No building, structure, dock or parking area which is part of
a marina shall be located closer than 35 feet to any lot in the SFR-A
or SFR-B Zoning District.
(c)
Required parking facilities shall not be used for storage of
boats or trailers for periods exceeding 72 hours, from June 1 to September
10.
(13)
Restaurants, including drive-through facilities.
(a)
Only one ingress/egress driveway shall be permitted on any single
street. A one-way-in/one-way-out access shall be counted as a single
ingress/egress driveway.
(b)
Sufficient stacking capacity for the drive-through facility
shall be provided to ensure that traffic does not extend into the
public street. A minimum of 10 stacking spaces shall be provided for
the drive-through facility. Spaces in addition to the minimum required
shall be provided if determined by the Planning Commission to be necessary
to ensure that traffic does not extend into the street. Stacking shall
be planned so as to minimize conflicts with entering and exiting traffic,
pedestrians and parking spaces.
(c)
A minimum of three parking spaces shall be placed beyond the
pickup window to accommodate vehicles waiting for delivery of orders.
(d)
Where adjoining a residential zoning district or use, or any
land in the P Zoning District, a dense evergreen vegetative buffer
not less than six feet in height at the time of planting shall be
installed along the common lot line. The buffer shall be continuously
maintained in good condition.
(14)
Restaurants, not including drive-through facilities.
(a)
Only one ingress/egress driveway shall be permitted on any single
street. A one-way-in/one-way-out access shall be counted as a single
ingress/egress driveway.
(15)
Retail businesses, a portion of which is conducted in the open
air.
(a)
Any materials or products stored or displayed in the open air
shall not extend into any required yard or occupy any required parking
or maneuvering areas for vehicles.
(b)
Any materials or products stored outside and not for sale shall
be completely enclosed by a decorative fence, wall or landscaped screen
approved by the Planning Commission as part of the special land use
approval. Such fence, wall or screen shall be continuously maintained
in good condition.
(c)
Lighting of outdoor display areas shall be shielded so as to
deflect light away from any residential use or residential zoning
district and shall not be placed so as to interfere with vision of
drivers on adjoining streets.
(15.1)
Short term rentals:
[Added 1-21-2019 by Ord.
No. 352]
(a)
If the subject lot does not meet the district minimum lot area
or has other dimensional nonconformities, the Planning Commission
may deny approval, or it may condition approval on measures that mitigate
potential adverse effects of operating a short-term rental on the
lot.
(b)
Off-street parking shall comply with these requirements in addition
to any other requirements for the applicable zoning district in question.
[1]
A minimum of two off-street parking spaces located
on the subject property shall be provided per unit (up to six occupants),
plus one space for every three occupants over six, based on approved
occupancy for the dwelling unit.
[2]
Any proposed expanded parking area must be shown
on the site plan and will be subject to review by the Planning Commission
and Zoning Administrator. Parking on the grass is prohibited.
(c)
Outdoor areas intended for the congregating of guests (e.g.,
porches, decks, pools and pool decks, gazebos, fire pits, etc) must
meet the following requirements, in addition to other requirements
established by this subsection.
[1]
Fire pits shall meet the requirements of the fire
code and any other applicable codes.
[2]
Patios and decks must be a minimum of three feet
from any property line.
[3]
The planning commission may require an outdoor
congregating area to be fenced in or landscaped in order to help buffer
the short-term rental from neighboring properties. The Village shall
consider lot sizes in the area and of the short-term rental, surrounding
land uses, topography, and other considerations deemed relevant by
the Village.
(d)
The number of overnight guests in a short-term rental shall
be based on occupancy limits established by the International Property
Maintenance Code. No guest may sleep on couches, the floor, in tents,
or in trailers on the lot.
(e)
The applicant shall submit a floorplan of the dwelling unit
and a site plan of the property drawn to a scale of not less than
1/8 inch equal one foot.
(f)
No separate cooking facilities shall be allowed in sleeping
rooms.
(16)
Tool and die machinery shops.
(a)
All operations pertaining to tool and die machinery shops shall
be conducted completely within an enclosed building and operated so
as to keep noise from the operation from being audible outside the
building.
(b)
Loading docks or other large openings in the building shall
not be located on a side abutting a residential use or zoning district.
(d)
Where adjoining a residential zoning district or use, or any
land in the P Zoning District, a dense, evergreen vegetative buffer
not less than six feet in height at time of planting shall be installed.
Such buffer shall be continuously maintained in good condition.
(17)
Two-family dwellings.
(a)
No special land use approval shall be granted by the Planning
Commission which results in a lot occupied by a two-family dwelling
being located closer than 250 feet to another lot occupied by a two-family
dwelling which is either located in a zoning district in which two-family
dwellings are a special land use or which has been granted special
land use approval.
(b)
Each dwelling unit shall be provided with an enclosed garage
at least 10 feet by 20 feet in dimensions.
(18)
Vehicle repair or storage establishments.
(a)
Where adjoining a residential zoning district or use, or any
land in the P Zoning District, a solid fence or wall six feet in height
shall be erected along the common lot line. Such fence or wall shall
be continuously maintained in good condition.
(b)
All repair work shall be conducted completely within an enclosed
building.
(c)
Any materials or products stored outside and not for sale shall
be completely enclosed by a solid fence, wall or landscape screen
approved by the Planning Commission as part of the special land use
approval. The fence, wall or screen shall be continuously maintained
in good condition.
(19)
Veterinary offices.
(a)
Boarding of animals shall not be permitted except for brief
periods deemed necessary for medical observation or treatment.
(b)
Buildings in which animals are treated shall not be located
nearer than 50 feet to any adjacent dwelling. No outdoor animal runs
shall be permitted.
(c)
Where adjoining a residential zoning district or use, or any
land in the P Zoning District, a solid fence or wall six feet in height
or a dense evergreen vegetative buffer not less than six feet in height
at time of planting shall be erected and maintained along any common
lot line. The buffer shall be continuously maintained in good condition.
(20)
Wholesale establishments and warehouses.
(a)
The architectural features of the facility housing the special
use shall conform with the character of buildings on adjoining property.
(b)
All operations pertaining to wholesale and warehouse facilities
shall be conducted completely within an enclosed building and operated
so as to keep noise from the operation inaudible outside of the building.
Materials may be moved from one building to another on site, but no
work may be conducted in the open air.
(c)
Loading docks or other large openings in the building shall
not be located on a side abutting a residential zoning district or
use.
(e)
Where adjoining a residential zoning district or use, or any
land in the Public, Semi-Public Zoning District, a dense evergreen
vegetative buffer not less than six feet in height at the time of
planting shall be installed along any common lot line. The buffer
shall be continuously maintained in good condition.
(f)
If a portion of the retail business is conducted in the open air, the requirements of § 390-199B(15) shall be complied with at all times.
(21)
Assembly operations consisting only of limited assembly, fastening
and packaging or repackaging of previously manufactured components.
(a)
The architectural features of the facility housing the special
use shall conform with the character of buildings on adjoining property.
(b)
All operations pertaining to limited assembly, fastening and
packaging shall be conducted completely within an enclosed building
and operated so as to keep noise from the operation inaudible outside
of the building. Materials may be moved from one building to another
on site, but no work may be conducted in the open air.
(c)
Loading docks or other large openings in the building shall
not be located on a side abutting a residential zoning district or
use.
(e)
Where adjoining a residential zoning district or use, or any
land in the Public, Semi-Public Zoning District, a dense evergreen
vegetative buffer not less than six feet in height at the time of
planting shall be installed along any common lot line. The buffer
shall be continuously maintained in good condition.
(f)
Only limited assembly of previously manufactured components
is permitted. There shall be no process employed to transform raw
materials into components for assembly.
(23)
Adult day-care facilities.
[Amended 6-26-2009 by Ord. No. 313; 8-19-2013 by Ord. No. 334]
(a)
For purposes of this section "participant" is defined as the
adult who is being supervised at the facility.
(b)
The facility must be operated by a church or 501(c)(3) nonprofit
organization as a not-for-profit operation.
(c)
The applicant shall indicate the number of anticipated participants
and illustrate how they will be able to safely accommodate them on
site. Input or information from the Fire Chief or other relevant reviewing
agency is recommended.
(d)
Hours of operation shall be limited to a period beginning at
6:00 a.m. and concluding at 11:00 p.m. seven days per week.
[1]
Additional hours may be permitted from time to
time, but must be approved in advance by the Zoning Administrator,
or at their discretion, the Planning Commission.
(e)
The facility is required to be operated in a single-family dwelling,
or a structure built to resemble a single-family dwelling similar
in style to a typical Village home with a home-like atmosphere for
the participants.
[1]
The facility does not need to be owner occupied.
[2]
The facility shall meet all ADA accessibility standards.
[3]
All entrances used by participants must be covered
by an awning, roof or other building feature to protect participants
from the elements. Such awning or covering may encroach into the side
or front setback up to five feet, but no closer than 10 feet to the
property line. Installation of such awning or covering shall be subject
to the approval of the Zoning Administrator.
(f)
The home and property shall be maintained in a manner consistent
with the visible characteristics of the surrounding residential neighborhood.
(g)
The minimum lot area shall be 20,000 square feet.
(h)
Outdoor recreation area shall be fenced.
(i)
A dropoff/pickup area shall be provided for vehicles off the
public street. Such area shall be arranged so as to allow entrance
to the public street without backing of vehicles and so as to minimize
conflicts between pedestrians and traffic.
(j)
Off-street parking shall be provided in the side or rear yard
as follows:
[1]
One parking space for each regular employee on
the largest shift; plus
[2]
One parking space for each vehicle operated by
the facility; plus
[3]
One parking space for every 10 participants or
a fraction thereof.
[4]
Parking areas shall be set back five feet from
all property lines, and the setback area shall be landscaped to buffer
adjacent properties from noise and headlights.
(k)
All applicants must demonstrate that there will be adequately
trained personnel to staff or manage the facility.
(l)
The facility may have one nonilluminated wall sign not exceeding
20 square feet in area on the building wall facing the public street.
One additional sign which meets the same requirements may be permitted
over a major building entrance facing the parking lot.
(m)
Site lighting shall be of a residential nature, size, scale
or intensity, and shall be confined to the property on which the facility
is located.
(n)
Unless otherwise stated in this article, all building additions,
accessory buildings and major site changes require an amendment to
the special use permit and site plan approval pursuant to the requirements
of this chapter.
(o)
Such facility shall meet the requirements of the Veterans' Administration
for adult day-care facilities.
(24)
Community support facility.
[Added 2-1-2010 by Ord. No. 318]
(a)
The facility must be operated by a church or 501(c)(3) nonprofit
organization as a not-for-profit operation. The facility must be located
on property that has been removed from the property tax rolls prior
to the submission of the special use application. The office(s) of
the organization may be in the facility.
(b)
Any temporary transitional housing shall be subject to the following:
[1]
The number of residents is limited to one family
per dwelling unit.
[2]
Each dwelling unit may be occupied by the same
family for no longer than six months in a twelve-month period.
[3]
The organization shall provide details of their
residency requirements to the Planning Commission as part of the special
use permit application.
(c)
The facility is required to be operated in a single-family dwelling,
or a structure built to resemble a single-family dwelling, similar
in style to a typical Village home.
(d)
The home(s) and property shall be maintained in a manner consistent
with the visible characteristics of the surrounding residential neighborhood.
(e)
The housing units need not be owner occupied.
(f)
Food and clothing distribution and similar services may occur
only between the hours of 8:00 a.m. and 6:00 p.m., Monday through
Saturday.
(g)
Delivery of food, clothing or other commodities to the facility
by semitrailer trucks is prohibited.
(h)
Off-street parking shall be provided in the side or rear yard
as follows:
[1]
One parking space for each regular employee or
volunteer on the largest shift; plus
[2]
One parking space for each vehicle operated by
the facility; plus
[3]
One parking space for every dwelling unit; plus
[4]
Five spaces for the food and clothing distribution
center or other nonresidential use;
[5]
Existing parking spaces in a garage or driveway
may count toward the total number of spaces required;
[6]
Parking areas shall be set back five feet from
all property lines and the setback area shall be landscaped to buffer
adjacent properties from noise and headlights;
(i)
The applicant shall submit a sign plan for the facility. The
Planning Commission shall review the sign plan based on the size and
location of the facility and the proximity of the facility to residentially
zoned or used properties. The Planning Commission may limit the signage
to less than what is permitted in the P Public, Semi-Public Zoning
District if they find that the proposed signs would have a negative
impact on the surrounding neighborhood.
(j)
Site lighting shall be of a residential nature, size, scale
and intensity, and shall be confined to the property on which the
facility is located.
(k)
Unless otherwise stated in this article, all building additions,
accessory buildings, major site changes or changes in use require
an amendment to the special use permit and site plan approval per
the requirements of this chapter.
