1278.04  USES PERMITTED BY SPECIAL USE PERMIT.
   Uses of land and structures permitted by special use permit in the B-1 Business District shall be all of the following uses. A special use permit will be issued upon application for both Site Plan Review and special use permit when both are found to be in compliance with the requirements of this Zoning Code, including the parking requirements of Chapter 1288 and the sign requirements of Chapter 846.
   (a)   Gasoline service stations which comply with the following:
      (1)   Definition.  A “gasoline service station” is any area of land, including any structure or structures thereon, that is used or designed to be used for the retail sales of gasoline, oil and similar products. Also included is automobile maintenance, including minor mechanical repairs. This use is not intended to allow for uses specifically listed under “commercial garages” in division (c) of this section or “vehicular washing facilities” in division (n) of this section.
      (2)   Prohibited uses.  Painting of vehicles is not permitted as a part of a gasoline service station.
      (3)   Relations and conditions.  The following specific provisions and requirements shall apply:
         A.   Minimum lot size:  15,000 square feet. In addition, gasoline service stations shall have 500 square feet of site area for each additional pump over 4, and 1,000 square feet of site area for each additional service bay over 2.
         B.   Minimum lot width:  150 feet.
         C.   Minimum yard setbacks:  The principal building shall be setback a minimum of 40 feet from all street right-of-way lines. The principal building shall also be set back a minimum of 25 feet from any property line in a residential district unless separated therefrom by a street or alley. No installations, except walls or fencing and permitted signs, lighting and essential services, may be constructed closer than 15 feet to the line of any street right-of- way.
   (b)   Public buildings and public service installations with outside storage and/or which are not covered in Section 1278.03(c).
   (c)   Commercial garages serving automobiles, trucks, trailers and boats under the following conditions:
      (1)   Definition:  A “commercial garage” is a building, structure or parcel of land or any portion used for the repairing, cleaning, sewing, equipping, painting or diagnosing of motor vehicles when operated as a business. The following uses may be permitted in conjunction with a commercial garage:
         A.   Automobile towing, including parking of a wrecker and inoperative vehicles waiting for immediate repair.
         B.   Parking and storage of inoperative vehicles, provided that such parking or storage areas shall be within an enclosed building or shall be screened by an opaque fence not less than 6 feet in height.  Storage areas for inoperative vehicles shall be designated on an approved site plan.
         C.   Automobile body repairs.
      (2)   No more than 10% of the gross area of the district shall be utilized for this use.
      (3)   Minimum lot size:  15,000 square feet. In addition, commercial garages shall have 1,000 square feet of site area for each additional service bay over two. There shall also be 300 square feet of additional site area for each space intended for storage of inoperable vehicles.
      (4)   Minimum lot width:  150 feet.
      (5)   Automobile and truck and trailer repair, including but not limited to hydraulic hoists, pits and all lubrications, greasing, washing or repair equipment, and the sale of automotive accessories shall be conducted within a wholly enclosed building.
   (d)   Motel, motor-hotel, hotel and transient lodging facilities including bed and breakfasts, but not including trailer camps or tent sites.
   (e)   Miniature golf, golf driving ranges; race tracks, drive-in theaters, or similar public amusements and temporary and transient amusement enterprises which meet the following provisions:
      (1)   All points of entrance or exit for motor vehicles shall be located no closer than 200 feet from the intersection of any two streets.
      (2)   Whenever any use that may be permitted in this division abuts property which is zoned or used for residential or agricultural purposes, a transition strip of at least 200 feet in width shall be provided between all operations and structures, including fences, and the adjacent residential or agricultural property. Grass, plant materials and structural screens of a type approved by the Planning Commission shall be placed within said transition strip.
      (3)   Race tracks and drive-in theaters shall be enclosed for their full periphery with a solid screen fence at least 8 feet in height. Fences shall be of sound construction and well maintained.
      (4)   Drive-in theater ticket gates shall be provided in accordance with the following ratio: one ticket gate for every 250 cars of capacity provided in the theaters. Vehicle standing space shall be provided between the ticket gates and the street or highway right-of-way line equal to at least 30% of the vehicular capacity of the theater.
      (5)   Drive-in theater picture screens shall not be permitted to face any public street and shall be so located as to be out of view from any major arterial. The picture screen tower shall not exceed 65 feet in height.
      (6)   For drive-in theaters, no more than two advertising signs not exceeding in aggregate more than 500 square feet shall be permitted. Said signs shall only advertise the business and shall be so located as not to obstruct traffic or vision upon any public street. In no event is any one sign to exceed 250 square feet.
   (f)   Fur and dry cleaning establishments, provided that nonflammable and odorless cleaning fluid or solvent is used and that all dry cleaning is limited to that material and clothing picked up over the counter of the premises.
   (g)   Commercial recreation facilities, such as bowling alleys, billiard halls, indoor archery ranges, indoor skating rinks or other similar uses, provided that the following provisions are met:
      (1)   All uses will be conducted wholly within a completely enclosed building.
      (2)   When such building is adjacent to a Residential District, the buffering requirements contained in the Site Development Standards of Chapter 1296.08(e) shall apply and the Planning Commission shall determine compliance with the standards.
   (h)   Outdoor sales for new and used automobiles, trailers and boats, provided that:
      (1)   The space used therefore is paved and adequately maintained so as to provide a durable, smooth and dustless surface.
      (2)   The space is so graded and provided with adequate drainage facilities that all collected surface water is effectively carried away from the site.
   (i)   Drive-in businesses, provided that:
      (1)   Service may be in automobiles or outdoors, but all other activities shall be carried on within a building.
      (2)   A setback of at least 60 feet from the right-of-way line of any existing or proposed street shall be maintained.
      (3)   Ingress and egress points shall be located at least 50 feet from the intersection of any two streets.
      (4)   Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. The number of stacking spaces shall be determined by the Zoning Administrator based on trip generation information for the proposed use.
   (j)   Drive-in restaurants, provided that:
      (1)   All of the provisions required for drive-in businesses listed in division (i) above are met.
      (2)   Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of 7 stacking spaces for the service ordering station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the drive-through facility.
      (3)   In addition to the requirements of Chapter 1288, at least one parking space shall be provided in close proximity to the exit of the drive- through portion of the operation to allow for customers waiting for delivery of orders.
   (k)   Banks, credit unions and savings and loan establishments, including drive- through facilities, provided that:
      (1)   All of the provisions required for drive-in businesses listed in division (i) above are met.
      (2)   Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of 4 stacking spaces for each outdoor teller operation, whether personal or automatic, shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the drive-through facility.
   (l)   Outdoor/patio dining, provided that:
      (1)   There is a minimum of 6-feet wide sidewalk clearance between curb and any seating area
      (2)   Seating located on a public sidewalk and/or within a public right-of- way shall have fences or railings provided around seating, which shall be of a demountable type so as to eliminate, when removed, any vertical protrusion above sidewalk grade which might cause pedestrian hazard and hinder snow removal.
      (3)   Liability insurance coverage in an amount to be set by the Village Council, which includes the Village, its officers, agents and employees as insureds, shall be provided by the restaurant operator to cover pedestrian or vehicular accident claims.
      (4)   The outdoor dining area is shown on an approved site plan.
      (5)   The outdoor dining is associated with dining within the principal building and takes place on the same lot.
      (6)   The patio area shall be considered an accessory structure and shall be included in calculating the lot coverage.
   (m)   Contractor's establishment not engaging in retail activities on the site.
   (n)   Vehicular washing facilities, provided that sufficient stacking capacity for each washing bay is provided to ensure that traffic does not extend into the public right-of-way. A minimum of 4 stacking spaces for each washing bay shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the washing facility. Automobile washing and repair equipment shall be entirely enclosed within a building.
   (o)   Light industrial and manufacturing land uses which meet the following provisions:
      (1)   Definition:  “Light industrial and manufacturing” is any production, manufacturing, processing, servicing, testing, repair, storage, and distribution of materials, goods, foodstuffs and other products.
      (2)   All light industrial and manufacturing uses must meet the general standards of the B-1 District.
   (p)   Residential land uses to include single-family, two-family and multiple-family dwellings when established as the sole use or in combination with the "Uses Permitted by Right", "Uses Permitted Under Special Conditions" and "Uses Permitted by Special Use Permit" provided the following conditions are met:
      (1)   Site development: The site development requirements of the B-1 District shall be met.
      (2)   Nonconforming uses: A nonconforming use as defined by this Code of Ordinances may be considered as a Class 1 Nonconforming Use by the Planning Commission as part of the special use permit review process.
      (3)   Principal structures: There shall be only 1 principal structure per lot unless otherwise allowed by the special use permit.
      (4)   Site plan: A conceptual site plan must be submitted with the special use permit application for consideration by the Planning Commission. Final site plan approval will be required as a condition of special use permit approval. At the applicant's discretion, a final site plan may be submitted with the application.
(Ord. 2001-6.  Passed 11-12-01; Ord. 2003-7.  Passed 1-12-04; Ord. 2010-1.  Passed 4-12-10.)