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§ 152.210 INTENT AND PURPOSE.
   (A)   This subchapter is intended to respond to the functions and characteristics of an increasing number of new kinds of land uses, combined with conclusive experience regarding some of the older, familiar kinds of uses, which call for a more flexible and equitable procedure for properly accommodating these activities in the community. Rather than assigning all uses to special, individual, and limited zoning districts, it is important to provide control and reasonable flexibility in requirements for certain kinds of uses that will allow practical latitude for the applicant, but will maintain adequate provision for the security of the health, safety, convenience, and general welfare of the community's inhabitants.
   (B)   In order to accomplish this dual objective, provisions are made in this chapter for a more detailed consideration of each specified activity as it may relate to proposed conditions of location and design, size, operation, intensity of use, generation of traffic and traffic movements, concentration of population, processes and equipment employed, amount and kind of public facilities and services required, together with many other possible factors.
   (C)   Land and structure uses possessing these particularly unique characteristics are designated as special land uses and may be authorized by the issuance of a special land use permit, which contains conditions and safeguards necessary for the protection of the public welfare.
   (D)   The following sections, together with previous references in other subchapters of this chapter, designate those uses requiring a special land use permit. With any noted exceptions, the procedures for obtaining such a special land use permit shall apply to all special land uses indicated.
§ 152.211 APPLICATION PROCEDURES.
   (A)   Application procedures.
      (1)   An application for a special land use deemed to be complete, according to the requirements of division (A)(2) of this section shall be submitted within a reasonable period of time, determined by the Zoning Administrator, prior to the next scheduled Planning Commission meeting through the Zoning Administrator. The Zoning Administrator, or appointee, will review the application materials to ensure that the requirements of this section are met, then transmit it to the Planning Commission.
      (2)   An application for a special land use shall not be considered complete until all of the following materials have been submitted and deemed complete by the Zoning Administrator or appointee:
         (a)   A completed application form, as provided by the village. The application shall be signed by an owner of, or person having an interest in, the property to be developed, or an authorized representative.
         (b)   Suitable number of copies of the preliminary or final site plan meeting the requirements of § 152.192.
         (c)   Payment of a fee, in accordance with a fee schedule, as determined by Village Council resolution.
         (d)   A legal description, including the permanent parcel number, of the subject property.
         (e)   A statement with supporting evidence regarding the required findings as specified in § 152.213.
         (f)   Other materials as may be required in this subchapter, the Zoning Administrator, Planning Commission, or Village Council.
      (3)   An application shall not be accepted until all required materials are provided. Incomplete applications shall be returned to the applicant with an indication of the items necessary to make up a complete application.
§ 152.212 REVIEW AND FINDINGS.
   (A)   Public hearing.
      (1)   The Planning Commission shall review the application at its next regular meeting following filing and shall set a date for public hearing within 45 days thereafter.
      (2)   The Village Clerk shall cause to be published one notice of public hearing in a newspaper of general circulation within the village not less than 15 days before the date the application will be considered for approval, and shall provide notice by regular mail or personal delivery to all persons to whom property is assessed within 300 feet of the subject property and to the occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located within the village. If the name of an occupant is not known, the term "occupant" may be used in making notification.
      (3)   Such notice shall describe the nature of the request, identify the property that is the subject of the request, and shall include a listing of all street addresses within the property, if such addresses exist.
      (4)   The notice shall also state when and where the request will be considered, and indicate when and where written comments will be received concerning the request.
   (B)   Upon conclusion of the hearing, and after time for deliberation, the Planning Commission shall make a recommendation to the Village Council for approval, approval with conditions, or denial. The Commission shall state its reasons for such recommendation in its minutes for submission to the Council.
   (C)   Upon receipt of a report and summary of hearing comments from the Planning Commission, the Village Council may hold an additional public hearing, if it considers a further hearing necessary, using the same hearing requirements as the hearing held before the Planning Commission. The Village Council, upon approval of an application for special land use permit, shall authorize the Zoning Administrator to issue the permit subject to the conditions specified by the Village Council.
[Amended 3-10-2008]
§ 152.213 GENERAL STANDARDS FOR MAKING DETERMINATIONS.
   (A)   The Planning Commission and Village Council shall review the particular facts, circumstances and evidence presented. The Planning Commission and Village Council decisions shall be based on the general standards of this section and the applicable specific requirements contained in § 152.215.
   (B)   It shall be incumbent upon the representatives of the applicant for a special land use permit to provide documentation and evidence in support of the proposal. It shall also be the obligation of the applicant to furnish evidence, or proof of compliance with the specific and general criteria contained in this chapter.
   (C)   General standards. The general standards are basic to all special land uses; and the specific requirements of § 152.215 is in addition to and shall be required in all applicable situations.
      (1)   The proposed use shall be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing character of the general vicinity.
      (2)   The proposed use is served by necessary public facilities which are adequate or can be made adequate to serve the proposed use. Specifically, existing streets, storm water drainage, water supply, fire protection, police, emergency medical care, sanitary sewer disposal, solid waste disposal, and public recreation shall be adequate to serve the proposed project.
      (3)   The proposed use shall not be hazardous or disturbing to neighboring uses or cause any conflict to the existing use and quiet enjoyment of surrounding property.
      (4)   The proposed use shall not involve activities, processes, materials and equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
      (5)   The proposed use shall be consistent with the intent and purpose of this chapter.
§ 152.214 CONDITIONS AND SAFEGUARDS.
   (A)   Before granting a special land use permit, the Village Council may impose reasonable conditions or limitations upon the establishment, location, construction, maintenance, or operation of the use authorized by the special land use permit as may be necessary for the protection of the public interest.
   (B)   Such conditions may include those necessary to insure that public services and facilities affected will be capable of accommodating increased demand and facility loads; to protect the natural environment and conserve natural resources and energy; to insure compatibility with adjacent uses of land; to promote the use of land in a socially and economically desirable manner and be consistent with the general standards as established in this chapter and are necessary to meet the intent and purpose of the regulations contained in this chapter.
   (C)   The conditions imposed shall be recorded in the minutes of the Village Council and shall remain unchanged except upon mutual consent of the Village Council and the owner of the property affected. The Village Council shall record in its minutes any changes in conditions of approval of special land use permits.
   (D)   Conditions and requirements stated as part of special land use permit authorization, including all plans, specifications and statements submitted with the application for a special land use permit, shall be a continuing obligation of its holder. The Zoning Administrator shall make periodic investigations of uses authorized by special land use permits to determine compliance with all requirements.
   (E)   Certification of compliance. At final inspection or at other appropriate times the Zoning Administrator shall certify whether all conditions and other requirements of the Village Council in its approval of the special land use have been fulfilled.
   (F)   An application for a special land use permit which had been denied wholly or in part by the Village Council shall not be resubmitted until the expiration of one year or more from the date of denial, except in the case of newly discovered evidence or changed conditions found to be sufficient to justify reconsideration by the Village Council.
§ 152.215 SPECIFIC REQUIREMENTS.
   The requirements set forth in this section relate to particular special land uses and specific requirements which must be met in addition to the standards of § 152.213.
   (A)   Above ground storage of flammable liquids.
      (1)   The minimum lot size shall be five acres.
      (2)   The lot shall be located so that at least one side abuts a major street (as defined by Act 51) and all access shall be from such street.
      (3)   The main and accessory buildings and any storage facilities shall not be located nearer than 300 feet to any adjacent residential district or use.
      (4)   Proper containment facilities shall be constructed to ensure that accidental spills or ruptures will not cause the contamination of any groundwater source.
      (5)   No advertising or other signs, other than required regulatory or warning signs, shall be permitted on any tank or other storage facility.
   (B)   Adult entertainment activities.
      (1)   Intent. It is the intent of this division to provide regulations controlling those uses which are recognized as having serious, objectionable, operational characteristics inducing a deleterious impact on adjacent uses and areas. Special regulations of these uses are necessary to insure that the anticipated adverse impacts will not contribute to the blighting or downgrading of the surrounding neighborhood. Uses subject to these controls include: adult bookstores, adult motion picture theaters, adult motels, nightclubs, and massage parlors, as herein defined.
      (2)   Definitions. For purposes of this division, the adult entertainment activities listed above shall have the meanings as noted in the definitions subchapter of this chapter.
      (3)   General requirements and restrictions. Establishments where uses subject to the control of this division are located shall not be expanded in any manner without first applying for and receiving the approval of the Village Council as provided herein. The Village Council shall only issue a special land use permit for adult entertainment activities which comply with the following requirements:
         (a)   Adult entertainment activities shall not be located in any zoning district except the industrial district.
         (b)   Adult entertainment activities shall not be allowed within 500 feet of another existing adult entertainment use, or within 500 feet of any residential zoning district, or within 500 feet of an existing church, school, park or playground.
         (c)   All persons massaging any client or customer must be certified as a massage therapist by the American Massage Therapy Association or be a graduate of a school of massage therapy that is certified by the State of Michigan, or have such other similar qualifications which must be submitted to and approved by the Planning Commission.
            1.   All massage clinics are subject to inspection from time to time by the Building Inspector and shall be required to file reports as may be required by the village, at least annually, as to the names and qualifications of each person who administers massages under the authority or supervision of the massage establishment.
            2.   This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Michigan, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder.
            3.   This definition shall not be construed to include a non-profit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area.
         (d)   Any sign or signs proposed for the adult use business must comply with the requirements of this chapter, and shall not include photographs, silhouettes, drawings, or pictorial representations of any type, nor include any animated illumination or flashing illumination.
         (e)   No person younger than 18 years of age shall enter into or be permitted to remain on the premises of a sexually oriented business at any time the sexually oriented business is open for business.
         (f)   A sexually oriented business that offers live entertainment shall provide:
            1.   A dressing area for performers that has direct access to and from the dressing area and the performance area or stage so that the performer may enter the performance area or stage without entering the area from which the patrons view the performance. The dressing area must be separate from, and not freely accessible to, areas of the business to which patrons or customers have ready access, and must contain hot and cold running water, toilet facilities, and must also be handicap accessible to the extent required by the American with Disabilities Act, as amended.
            2.   A performance area or stage that is at least 12 inches above the area from which patrons view the performance.
            3.   Signs must be posted on both that notify patrons of the sexually oriented business that contact between the patrons and any employee, owner, independent contractor, or performer who displays specified anatomical areas or who performs specified sexual activities is prohibited. At a minimum, two such signs must be displayed on the premises of the sexually oriented business. The required sign must be situated in the area of the sexually oriented business in which patrons are admitted and in which patrons are served beverages, if any. The signs must be at least 24 inches by 36 inches in size, and contain the following notice: "NOTICE: Physical contact between patrons and performers who display specified anatomical areas or who perform specified sexual activities is prohibited by Ordinance of the Village of Fowler. Violators will be prosecuted." This notice must be printed in bold face types that is at least 24 point in lettering size.
         (g)   An employee, owner, independent contractor, or performer of any kind who displays specified anatomical areas or performs specified sexual activities shall not have any physical contact with a patron of the sexually oriented business in regards to, or the receipt of, tips or gratuities. Physical contact with patron includes, but is not limited to, any contact between the employee, owner, independent contractor, or performer of the sexually oriented business and a patron in which the patron touches any part of the employee's, owner's, independent contractor's, or performer's body, or if the patron causes something in his or her direct control to touch any part of the employee's, owner's, independent contractor's, or performer's body.
         (h)   A sexually oriented business shall meet all local, state, and federal building code requirements. A sexually oriented business shall only be located in the village as provided for by the Village Zoning Ordinance.
         (i)   An operator of a sexually oriented business shall permit the Village Zoning Administrator and his/her agents, including any law enforcement official or building inspector, to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the requirements of this chapter, of any other village ordinances, or of any other law or regulation.
         (j)   No employee, owner, independent contractor, or performer shall engage in any act of public nudity, unless that person is in or on the performance area or stage area.
         (k)   No patrons shall be permitted to engage in any act of public nudity.
         (l)   No product for sale or gift, nor any picture or other representation of any product for sale or gift, shall be displayed so that it is visible by a person of normal visual acuity from the nearest adjoining roadway or adjoining property.
         (m)   No adult use shall be open for business prior to 10:00 a.m., nor after 11:00 p.m. However, employees or other agents, or contractors of the business are permitted to be on the premises at other hours for legitimate business purposes such as maintenance, clean-up, preparation, record keeping, and similar purposes.
   (C)   Automobile wash establishment, either self-serve or automatic.
      (1)   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. Such vehicle stacking space shall be equivalent to five times the wash capacity. Wash capacity shall be determined by dividing the length of the mechanical wash/dry machinery by 25 feet. No less than 12 stacking spaces shall be provided. For self-service establishments, each stall shall have at least two stacking spaces at the entrance to the wash. At least two stacking spaces shall be provided at the exits of both self-serve and automatic car washes.
      (2)   Vacuuming activities, if outdoors, shall be at least 300 feet from any residential use or district property line. Wash bays for self-service establishments shall be located at least 150 feet from any residential use or district property line.
      (3)   Should self-service wash bays be located with openings facing an adjacent street, they shall be screened and continuously maintained in good condition.
      (4)   Only one access driveway shall be permitted on any single street. Access driveways shall be located no less than 100 feet from street intersections rights-of-way lines or 75 feet from any driveway throat edge.
      (5)   Where adjoining residentially zoned or used property, a solid wall or fence, six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition.
   (D)   Banks, credit unions and savings and loans with drive-through facilities.
      (1)   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 three stacking spaces for each outdoor service 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 portion of the facility.
      (2)   Parking areas shall have side and rear yard setbacks of at least ten feet.
      (3)   Public access to the site shall be located at least 50 feet from any intersection as measured from the nearest right-of-way line to the nearest edge of said access.
      (4)   Where parking and maneuvering areas directly abut a residential district or use they shall be fenced and screened from view by a decorative fence or wall, or a landscaped equivalent.
      (5)   Outdoor speakers for the drive through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.
   (E)   Bed and breakfasts.
      (1)   The property and residence exterior shall be maintained in a manner compatible with the surrounding neighborhood.
      (2)   The facility shall be in compliance with all applicable state licensing requirements.
      (3)   Such uses shall only be established in a detached single family dwelling.
      (4)   Parking shall be located to minimize negative effects on adjacent properties.
      (5)   The total number of guest rooms in the establishment shall not exceed five.
      (6)   Exterior refuse storage facilities beyond what might normally be expected for a detached single family dwelling shall be screened from view on all sides by a six foot solid, decorative fence or wall.
      (7)   The establishment shall contain the principal residence of the operator.
      (8)   Accessory retail or service uses to a bed-and-breakfast establishment shall be prohibited, including but not limited to gift shops, antique shops, restaurants, bakeries, and other similar uses.
      (9)   Meals prepared for commercial use may only be served to overnight guests.
   (F)   Building material suppliers.
      (1)   Minimum lot area shall be one acre.
      (2)   Minimum lot width shall be 200 feet.
      (3)   The Planning Commission may require a six foot fence or wall to be constructed along the rear and/or sides of the lot to keep trash, paper, and other debris from blowing off the premises.
      (4)   The lot area used for parking, display or storage shall be a paved surface and shall be properly graded and drained so as to dispose of all surface water.
   (G)   Cemeteries.
      (1)   A cemetery is a privately or publicly owned property which provides perpetual care of grounds used solely for the interment of human beings or customary household pets.
      (2)   Cemeteries shall be established in compliance with Public Act 368 of 1978, as amended, M.C.L.A. 333.1101 et seq., Public Act 88 of 1875, as amended M.C.L.A. 128.111 et seq., and other applicable state laws.
      (3)   Minimum property size shall be ten acres.
   (H)   Churches, synagogues and other similar places of worship.
      (1)   Minimum lot width shall be 150 feet.
      (2)   For every foot of height by which the building, exclusive of spire, exceeds the maximum height limitation for the district, an additional (to the minimum setback) foot of front, side and rear yard setback shall be provided.
      (3)   Lighting shall be prevented from spilling onto adjacent residential uses.
   (I)   Commercial storage warehouses.
      (1)   Minimum lot area shall be two acres.
      (2)   An office for security personnel or operator may be permitted on the premises.
      (3)   Parking and circulation:
         (a)   One parking space shall be provided for each ten storage cubicles, and shall be equally distributed throughout the site. One additional parking space per 20 storage cubicles, up to a maximum of ten spaces, shall be located adjacent to the rental office for the use of customers.
         (b)   Two parking spaces shall also be required for the security or operator's office located on the premises.
         (c)   All driveways, parking, loading, storage, and vehicular circulation areas shall be paved.
   (J)   Composting centers.
      (1)   The applicant shall submit an impact assessment describing the expected odors, aesthetics, environmental impacts, vehicular and truck traffic impacts associated with the use, and any mitigation measures to be employed.
      (2)   The site plan shall clearly illustrate the layout of the composting operation, including: buildings, staging area, parking, on-site truck maneuvering (truck turning radii shall be illustrated), curing area, landscape buffers, sales area and fencing.
      (3)   Commercial composting operations shall be at least 500 feet from any residential district.
      (4)   The applicant shall describe procedures for managing stormwater runoff and preventing pollution of surface water bodies or groundwater.
      (5)   The applicant shall use acceptable methods for control of odors.
      (6)   A landscaped major buffer, as described in §§ 152.225 through 152.230 shall be provided on all sides adjacent to a residential district. A landscaped minor buffer zone shall be provided on all other sides unless specifically exempted by the Planning Commission in consideration of adjacent uses and topographic features.
      (7)   Access shall be provided solely on Class A truck routes.
      (8)   Any materials stored or used on the premises that are not being composted shall meet the standards of the outdoor storage yards in division (U) of this section.
   (K)   Day care, group homes.
      (1)   Off-street parking shall be provided for employees of the facility. Client pickup and drop off areas shall be located in a manner that vehicles do not stop in the travel lane of the adjacent roadway and vehicles are not required to back into the roadway.
      (2)   The property and residence exterior shall be maintained in a manner compatible with the surrounding neighborhood.
      (3)   There shall be provided, equipped and maintained, on the premises, a minimum of 150 square feet of usable outdoor recreation area for each client making up the licensed capacity of the facility.
      (4)   The outdoor recreation area shall be fenced and screened from any abutting residential district or use by a decorative fence or wall, or a landscaped equivalent.
      (5)   The applicant shall provide evidence of the ability to comply with all applicable state licensing requirements.
   (L)   Funeral home or mortuary.
      (1)   Minimum lot area shall be one acre with a minimum width of 150 feet.
      (2)   A well designed and landscaped off-street vehicle assembly area shall be provided to be used in support of funeral procession activity. This area shall not obstruct internal circulation within the required off-street parking area or its related maneuvering space.
      (3)   A caretaker's residence may be provided within the principal building.
   (M)   Government and community service facilities, emergency services, postal services, museums and libraries.
      (1)   Minimum lot size shall be one acre. The lot shall provide direct vehicular access to a public street.
      (2)   Ingress and egress shall be at least 50 feet from an intersection.
      (3)   Parking areas shall have a minimum front yard setback of 20 feet and side and rear yard setbacks of at least ten feet.
      (4)   All principal buildings or outdoor activity areas shall be set back at least 50 feet from any property line.
   (N)   Hospitals.
      (1)   The minimum lot area shall be at least two acres and have direct access to a collector street as defined by this chapter.
      (2)   The emergency entrance, delivery area, and the refuse disposal container area shall be obscured from the general view.
      (3)   No building shall be any closer than 75 feet to any property line or street right-of-way.
      (4)   Safe pedestrian movement shall be provided within the site and onto adjacent street sidewalks, including street crossings.
   (O)   Hotels and motels.
      (1)   Minimum floor area of each guest unit shall contain not less than 250 square feet.
      (2)   The minimum lot area shall be 25,000 square feet with a minimum width of 100 feet, provided that there shall be at least 500 square feet of lot for each lodging unit.
      (3)   The maximum lot coverage of all buildings, including accessory buildings shall not exceed more than 35% of the lot.
      (4)   All parking areas shall have direct access to a major street as defined by Public Act 51.
   (P)   Metal and wood stripping establishment.
      (1)   Minimum lot size shall be two acres.
      (2)   The lot location shall be such that at least one property line abuts a major street. The ingress and egress for all vehicles shall be directly from said thoroughfare.
      (3)   The main and accessory buildings shall be set back at least 75 feet from all property lines.
      (4)   Truck parking and staging areas shall be fenced and screened from the view of any abutting residential district or use by a decorative fence or wall, or a landscaped equivalent.
   (Q)   New and used vehicle or farm implement sales including incidental servicing and minor repair.
      (1)   Minimum lot area shall be one acre.
      (2)   Minimum lot width shall be 200 feet.
      (3)   The lot area used for parking shall be paved and the display or storage areas shall be provided with a permanent, durable, and dust controlled surface, and shall be graded and drained so as to dispose of all surface water.
      (4)   Ingress and egress shall be provided as far as practicable from two intersecting streets and shall be at least 100 feet from an intersection.
   (R)   Nurseries and greenhouses.
      (1)   The storage or materials display areas shall meet all the yard setback requirements applicable to any building in the district.
      (2)   All loading activities and parking areas shall be provided on the same premises (off-street).
      (3)   The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.
      (4)   The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.
   (S)   Open air businesses.
      (1)   The lot area used for parking, display, or storage shall be paved, graded and drained so as to dispose of all surface water.
      (2)   Access driveways shall be located no less than 100 feet from street intersections rights-of-way lines or 75 feet from any driveway throat edge.
      (3)   Lighting for parking and outdoor storage areas shall be shielded to prevent light from spilling onto any residential district or use property line.
      (4)   Any display materials or equipment stored or displayed outside of an enclosed building shall not extend into any required yard or occupy any required parking or maneuvering areas for vehicles.
   (T)   Outdoor storage yards.
      (1)   All outdoor storage shall only be located in the rear or side yard. If located in the side yard, landscape screening at least six feet tall shall be provided to obscure vision from the front yard. All outdoor storage areas shall be fenced with a six foot high chain link fence, screen wall, or equivalent per the requirements of § 152.226(F)(3) through (F)(8).
      (2)   All outdoor storage yards shall be provided with a hard surface. Asphalt or concrete is recommended, however, where practical other suitable materials, such as compacted limestone may be approved conditionally by the Planning Commission.
      (3)   Screening of outdoor storage yards shall be provided along all property lines in accordance with the requirements of the Landscape subchapter.
      (4)   Outdoor storage yards shall only be permitted in conjunction with a principal use on the property.
      (5)   All flammable or explosive liquids, solids, or gases shall be stored in a manner as required by law.
      (6)   All outdoor storage shall be maintained in a safe manner.
   (U)   Private clubs and lodges.
      (1)   No building shall be closer than 40 feet to any property line or street right-of-way.   
      (2)   No commercial, for profit enterprise shall be permitted to operate on the premises, except that vending machines shall be permitted.
   (V)   Residential dwelling units, in the same building with commercial uses.
      (1)   No commercial uses, including storage, shall be located on the same floor of the building as the dwelling unit.
      (2)   Two on-site parking spaces shall be required for each dwelling unit.
      (3)   Principal access to dwelling units shall be from outside of the building.
      (4)   No dwelling unit shall be located on the ground floor of the building.
   (W)   Restaurants with drive through service.
      (1)   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 ten 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 portion of the facility.
      (2)   In addition to parking space requirements, at least three parking spaces 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.
      (3)   Parking areas shall have side and rear yard setbacks of at least ten feet.
      (4)   Public access to the site shall be located at least 50 feet from any intersection as measured from the nearest right-of-way line to the nearest edge of said access.
      (5)   The parking and maneuvering areas of the site shall be fenced and screened from the view of any abutting residential district or use by a decorative fence or wall, or a landscaped equivalent.
      (6)   Outdoor speakers for the drive through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.
   (X)   Shopping centers or shopping malls.
      (1)   The minimum lot area for a shopping center or mall shall be three acres.
      (2)   The site shall have a minimum of 300 feet of frontage on a collector street, as defined in this chapter.
      (3)   No building shall be located closer than 100 feet to a street right-of-way line.
      (4)   Shopping centers or malls shall be served by public sanitary sewer and water supply.
      (5)   Motor vehicle entrance and exit shall only be from a collector street as defined in this chapter.
      (6)   Pedestrian movement between buildings shall be designed without the need to cross drives or parking areas.
      (7)   No building within a shopping center or mall shall have a separate access to a street.
      (8)   Where possible, existing trees and other significant vegetation on the site shall be preserved. Greenbelts, buffer strips, and berms may be required.
   (Y)   State licensed residential care group facilities.
      (1)   The minimum lot area shall be at least one acre.
      (2)   The proposed site shall have direct access to a major street as defined by Act 51.
      (3)   No building shall be closer than 40 feet to any property line or street right-of-way.
      (4)   Off-street parking shall be provided for family members and employees of the facility. Client pickup and drop off areas shall be located in a manner that vehicles do not stop in the travel lane of the adjacent roadway and vehicles are not required to back into the roadway.
      (5)   The property and residence exterior shall be maintained in a manner compatible with the surrounding neighborhood.
      (6)   The facility shall be in compliance with all applicable state licensing requirements.
   (Z)   Truck terminals.
      (1)   Access driveways shall be located no less than 100 feet from the centerline of the intersection of any street or any other driveway.
      (2)   Trucks and trailers parked overnight shall be setback from the front lot line a minimum of 80 feet.
      (3)   The principal buildings and structures shall not be located within 150 feet from any residential district or use.
      (4)   The lot area used for parking, display, or storage shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.
      (5)   Any vehicle or equipment stored outside of an enclosed building shall not extend into any required yard. Other than trailers, no other equipment may be stored or displayed in the front yard. (See definitions for difference between required front yard and the front yard).
   (AA)   Vehicle repair and service station.
      (1)   Parking or storage of inoperative vehicles shall be completely surrounded by an opaque fence of not less than six feet in height.
      (2)   A minimum lot frontage of 100 feet shall be required.
      (3)   In addition to the minimum lot area required by the zoning district in which the use is located, the minimum lot area shall be increased 500 square feet for each fuel pump unit in excess of four and 1,000 square feet for each service bay in excess of two, and 300 square feet for each parking space intended for the storage of inoperative vehicles.
      (4)   All buildings and accessory structures including gasoline pumps shall be setback at least 50 feet from any lot line or street right-of-way.
      (5)   All equipment including hydraulic hoist, pits, and oil lubrication, greasing and automobile washing, repairing equipment and body repair shall be entirely enclosed within a building. There shall be no outdoor storage of merchandise such as tires, lubricants and other accessory equipment.
      (6)   All activities, except those required to be performed at the fuel pump, shall be carried on within a building.
      (7)   There shall be no above ground tanks for the storage of gasoline, liquefied petroleum gas, oil or other flammable liquids or gases. In ground storage of flammable liquids shall be in non-metallic containers, pressure tested under the supervision of the Zoning Administrator or appointed designee and annually approved thereafter by the applicable state agency.
   (BB)   Veterinary hospital, clinic or indoor kennel.
      (1)   Outdoor areas in which animals are kept, such as runs, pens, and/or exercise areas shall not be located nearer than 100 feet to any residential district and shall not be located within any required yard.
      (2)   Outdoor runs, pens, and/or exercise areas that face residential districts shall be screened with a six foot high fence. Suitable shade, including some natural vegetation shall be provided around these outdoor areas.
      (3)   All indoor and outdoor hospital and clinic areas, runs, pens, and/or exercise areas shall be daily maintained, including the removal of animal waste.
LANDSCAPING AND DESIGN REQUIREMENTS
§ 152.225 INTENT.
   It is the intent of this subchapter to require buffer zones, landscaping, and screening to reduce the negative impacts between incompatible land uses and to provide landscaping within parking areas. It is further intended to preserve and enhance the aesthetic qualities, character, privacy, and environment of the village.
§ 152.226 REQUIRED BUFFER ZONES.
   (A)   A buffer shall be required on any parcel proposed for development which borders a different zone district, as indicated in division (E) of this section. Where the adjacent zone district is more intensive, the required buffer shall be installed only on the property which is in the more intensive district.
   (B)   The specified buffer shall be required on the subject parcel even if the adjacent parcel is unimproved land. A performance bond may be submitted in lieu of the required buffer where adjacent land is unimproved. The buffer shall be installed when the adjacent property begins development and completed prior to any occupancy of the adjoining use.
   (C)   When any developed parcel existing as of the date of this chapter, or as amended, is changed to a less restrictive zone district, any required buffer shall be installed in compliance with this section within six months of the effective date of the rezoning. This provision shall not apply to rezonings initiated by the village.
   (D)   If two zoning districts requiring a buffer zone are separated by a street, the design of the required buffer zone shall be reduced by one level; for example, a required major buffer shall be reduced to a moderate buffer. Notwithstanding the foregoing, the minimum buffer installed shall be a minor buffer, unless a buffer would otherwise not be required by division (E), below.
   (E)   The following chart defines the required buffers between adjacent zone districts:
BUFFER ZONE
ADJACENT DISTRICT
R-1
R-2
C-1
C-2
I
BUFFER ZONE
ADJACENT DISTRICT
R-1
R-2
C-1
C-2
I
R-1
NR
Moderate
Major
R-2
NR
Minor
Major
C-1
Moderate
Minor
NR
Minor
Major
C-2
Moderate
Minor
NR
Moderate
I
Major
Moderate
NR
NR = None Required
 
   (F)   Buffer zone development standards.
      (1)   Required buffer zones shall comply with and be maintained to the following standards:
 
Buffer Requirements
Major
Moderate
Minor
Minimum width
30 feet
20 feet
10 feet
Equivalent of 2 rows of approved canopy trees staggered at a maximum of:
20 foot interval
30 foot interval
6 foot high continuous obscuring screen
Required
 
      (2)   If the adjacent district is located across a street and across a required front yard, then the buffer shall be placed at a point that is between the side yard and front yard, parallel to the street right-of-way.
      (3)   The required six foot high continuous obscuring screen may be comprised of plant material, berming, screen walls or fences, or any combination of these elements in addition to the required plant materials.
      (4)   If berming is used for all or part of the obscuring screen, all required plant materials shall be placed on the top and both sides of the slope. Where necessary the minimum buffer width shall be increased to accommodate side slopes of a maximum of three feet in width to one foot in height.
      (5)   If a screen wall or fence is used for all or part of the obscuring screen the equivalent of four shrubs is required per 20 linear feet on each side of the wall or fence, unless the wall or fence is constructed on the property line, in which case all required plantings may be placed on the interior of the lot.
      (6)   The balance of the required buffer shall be covered with grass or approved ground cover in accordance with this section.
      (7)   Any plant material, berm, obscuring screen or other landscape feature shall be installed in such a manner so as not to alter drainage patterns on the site or on adjacent properties; obstruct vision for reasons of safety, ingress or egress; or cause damage to utility lines (above and below ground) and public roadways.
      (8)   Should the Village Council (or Zoning Administrator when Village Council action is not required) determine, upon inspection, that adequate landscaping screening on a site already exists or that a landscaping screen is not required, the Council or Zoning Administrator may waive or reduce the requirements of this section. Criteria which shall be used when considering a waiver or reduction shall include, but shall not be limited to:
         (a)   Topography variations.
         (b)   Existence of natural vegetation.
         (c)   Existing and proposed building placement.
         (d)   Sight distances.
         (e)   Adjacent land uses.
         (f)   Existence of floodplain and areas of poor soils.
§ 152.227 GENERAL LANDSCAPE DEVELOPMENT STANDARDS.
   (A)   Minimum plant material standards.
      (1)   Landscaping may include plant materials such as trees, shrubs, ground covers, perennial and annual plants; landscape elements such as rocks, water features, fences, walls, paving materials, and site lighting; and site furnishings such as benches, drinking fountains, trash receptacles, and planters.
      (2)   All plant materials shall be certified to be hardy to Clinton County, free of disease and insects and conform to the standards of the American Association of Nurserymen. All landscaping shall be maintained in a healthy, neat and orderly state, free from refuse and debris. Any dead or diseased plants shall be replaced.
      (3)   Minimum plant sizes at time of installation:
 
Tree Type
Minimum Size at Planting
Deciduous Canopy Tree
2½ inch caliper
Deciduous Ornamental Tree
2 inch caliper
Evergreen Tree
6 foot height
Deciduous Shrub
2 foot height
Upright Evergreen Shrub
2 foot height
Spreading Evergreen Shrub
18 - 24 inch spread
 
      (4)   Calipers are measured at six inches above the ground, for calipers of four inches or less, and measured at 12 inches above the ground for calipers of greater than four inches. Tree and shrub heights are measured from the ground to the highest point where branches of the bush or tree begin.
      (5)   Plant materials shall not consist or more than 33% of any one plant species.
      (6)   The following trees are not permitted as they split easily; their wood is brittle and breaks easily; their roots clog drains and sewers; and they are unusually susceptible to disease or insect pests:
 
Alder
Elm, Siberian
Birch, paper
Maple, Silver
Black Locust
Mulberry
Box Elder
Poplars
Buckthorn
Tree of Heaven
Catalpa
Willows
Cottonwood
 
   (B)   Minimum standards for berms.
 
      (1)   Berms shall maintain a side slope not to exceed a one foot rise to a three foot in width ratio.
      (2)   Berm areas not containing planting beds shall be covered with grass or living ground cover maintained in a healthy growing condition.
      (3)   If a berm is constructed with a retaining wall or by terracing, the earthen slope shall face the exterior of the site.
   (C)   Minimum standards for obscuring screen walls and fences.
      (1)   All obscuring screen walls and fences shall be constructed with new, durable, weather resistant and easily maintained materials. Chain link and barbed wire fences are not permitted.
      (2)   The obscuring screen wall or fence may be constructed with openings that do not exceed 20% of the wall surface. The openings shall not reduce the intended obscuring effect of the wall.
   (D)   Retention areas. Detention/retention areas shall be permitted within buffer zones provided they do not hamper the screening intent of the buffer or jeopardize the survival of the plant materials.
   (E)   Dumpsters. Outdoor solid waste dumpsters shall be screened by a continuous opaque screen at least six feet high. The screen may be comprised of berming, plant material, screen walls or fences or any combination of these elements. Dumpsters may be installed within buffer zones. If walls or fences are used, some additional landscaping should be used to improve the aesthetic look. Enclosure doors to the dumpsters should remain in the shut position when not necessary for immediate access.
   (F)   Phases. If a project is constructed in phases, the landscape screen may also be constructed in phases. The Zoning Administrator shall determine the extent of landscaping required for each phase based on:
      (1)   Adjacent land uses.
      (2)   Distance between land uses.
      (3)   Operational characteristic both on and off site.
      (4)   Building heights.
      (5)   Physical characteristics of the site such as topography, existing vegetation, etc.
   (G)   Performance guarantee. If weather conditions or other factors determined by the Zoning Administrator are sufficient enough to warrant a delay in installing landscaping, a performance guarantee of a sufficient amount to insure the installation of all required landscaping shall be required in compliance with the requirements of this chapter to ensure that landscaping is installed within a reasonable period of time.
   (H)   Landscape plan. A landscape plan shall be submitted for any new development and for any changes to existing development, except as may be noted in this chapter. The following minimum information shall be provided:
      (1)   Existing and proposed topography, correlated with the grading plan.
      (2)   Location, size, type, and condition of existing plant materials to be saved, or moved; proposed means of protecting plant material during construction.
      (3)   Location of proposed planting materials; a planting list of proposed materials (size, quantity, botanical and common names, spacing, and root type).
      (4)   Sections, elevations, plans and details of landscape elements such as berms, walls, ponds, retaining walls, and tree wells.
      (5)   Proposed planting dates.
      (6)   Planting and staking details.
   (I)   Public right-of-way. No landscaping, other than lawn, shall be provided or extend into a public right-of-way without specific written approval from the Zoning Administrator, or as may be approved by the Planning Commission or Village Council as part of other approvals.
   (J)   Clear vision areas.
      (1)   No plantings shall be established or maintained on any lot which will obstruct the view of a vehicle driver approaching a street intersection. There shall be maintained an unobstructed triangular area formed by the street property lines and a line connecting them at points 15 feet from the intersection of the street lines. This shall not prohibit the planting or landscaping which will be less than three feet in height at maturity and maintained at that height or lower.
      (2)   No vegetation shall be maintained in any yard which in the opinion of the Zoning Administrator, will obstruct the view of vehicles entering and/or leaving a site from driveways or adjacent roadways.
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