This section contains additional standards and requirements that apply to the use type listed, and apply to all zoning districts in which the use is permitted, unless otherwise expressly stated. Any use in this section that is regulated as a conditional use in the district in which it proposed shall also comply with the conditional use approval criteria set forth in Chapter 1117.
(a) Agricultural Uses. The following standards shall apply to all agricultural uses.
(1) Agriculture conducted on a lot in the Country Home District shall be limited to the raising of fruits, vegetables, or nursery stock for private use, consumption or incidental sale, provided no products shall be sold except those that are produced on the premises.
(2) All agricultural activities related to the raising of fruits, vegetables, or nursery stock shall be located a minimum of seventy-five (75) feet from the front lot line and fifty (50) feet from the side and rear property lines.
(3) For the purposes of this Planning and Zoning Code, the keeping/raising of animals shall only be permitted in the Country Home District in compliance with subsection 1147.02(f).
(4) Roadside Stands. A lot that is used for permitted agricultural purposes may, as a conditional use, be permitted to have one seasonal roadside stand that is accessory to the agricultural use, provided such roadside stand complies with the following.
A. A roadside stand shall be located upon the same lot where the agricultural products offered for sale are produced.
B. The roadside stand shall be located in a required front yard area only from June 1 through October 31. At all other times, the roadside stand shall be stored in the rear yard or stored inside a building on the premises.
C. The roadside stand shall be portable and shall not exceed 100 square feet.
D. During the period of use such stand and adequate parking area shall be so located as to not cause congestion on the street, and not less than ten (10) feet from the front and side lot lines.
E. The roadside stand shall be operated only between dawn and dusk.
G. A zoning certificate shall be required to operate a roadside stand. The applicant shall submit to the Chief Building Official a site plan identifying the following:
1. The nature of nearby uses of land with respect to their sensitivity to the activity associated with roadside stand sales,
2. Traffic volumes on the street on which the subject property is located,
3. The availability of off-street parking to serve the roadside stand use,
4. The maintenance of a substantially unobstructed view in the setback area which shall include a clear view through the roadside stand above a height of three (3) feet.
(b) Adult Entertainment Establishments
(1) Purpose. The purpose of this section is to regulate adult entertainment establishments through the application of uniform zoning requirements to promote the health, safety, morals and general welfare of the citizens of the Village of Glenwillow with the goal of reducing or eliminating the adverse secondary effects associated with sexually oriented businesses. It is not the intent of this section to limit or restrict the content of communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to materials protected by the First Amendment to the Constitution of the United States, or to deny access by the distributors and exhibitors of adult oriented entertainment to their intended market.
(2) Specifications and Restrictions.
A. Only one adult entertainment establishment shall be permitted on any single lot.
B. Adult entertainment establishments authorized by this section shall have entrances to the establishment shielded in such a manner that individuals outside the building are not able to see the entertainment area inside the building. Additionally, shielding shall not consist of a curtain alone, shall not obstruct any exit sign or panic hardware for any exit, nor shall the shielding be constructed in such a way as to block any exit. All shielding shall be approved by the Fire Department under contract for fire services for the Village.
C. Minors shall not be permitted on the premises of an adult entertainment establishment and a sign shall be posted at each entrance stipulating that persons under eighteen (18) are not permitted inside.
D. Any retail store that devotes public floor area or ten percent (10%) or more of the number of items in inventory to adult media shall be considered an adult entertainment establishment and shall be subject to all the provisions of this section. An exemption to this requirement shall be permitted if the store complies with the following requirements, in which case, the store shall be treated as retail commercial for the purposes of zoning.
1. Adult media shall not constitute more than thirty-three percent (33%) of the number of items in inventory; and shall not occupy more than thirty-three percent (33%) of the establishment's gross public floor area.
2. All adult media shall be confined to a separate room or section of the store that is physically and visually separated from the rest of the store by an opaque wall of durable material, reaching at least eight (8) feet high or to the ceiling, whichever is less.
3. Access to the room containing the adult media shall be through an opaque door that is located as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children.
4. The room containing the adult media shall be posted with notice at the entrance stipulating that persons under eighteen (18) are not permitted inside.
5. Access to the room containing the adult media shall be physically limited by electronic or other means to provide assurance that persons under age eighteen (18) will not easily gain entrance and that the general public will not accidentally enter such room or section.
6. Continuous video, window, or mirror surveillance of the room containing the adult media shall be conducted by store personnel.
E. Adult entertainment establishments shall be located in accordance with the following distance requirements:
1. The adult entertainment establishment shall be set back a minimum of 1,000 feet from the boundaries of any lot, regardless of the jurisdiction in which the lot is located, containing a public library, private or public elementary or secondary school, day care center, pre-school, public park, recreation area, church, place of worship, or any other institution where children are present day or night.
2. The adult entertainment establishment shall be set back a minimum of 250 feet from any residentially zoned parcel in Glenwillow or any adjacent community.
3. The adult entertainment establishment shall be located no closer than 1,000 feet from any other adult entertainment establishment in Glenwillow or any adjacent community.
4. For the purposes of these regulations, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where an adult entertainment establishment is conducted, to the nearest property line of the premises of a use set forth in this section.
(c) Assembly Halls, Meeting Places, Churches And Other Places Of Worship,
(1) The minimum lot area shall be two (2) acres.
(2) The minimum lot width shall be 200 feet.
(3) All buildings and parking areas shall be set back a minimum of seventy-five (75) feet from the front lot line.
(4) All buildings shall be set back a minimum of eighty (80) feet from all other lot lines.
(5) All parking areas shall be set back a minimum of fifty (50) feet from all other lot lines.
(6) Such uses should be located on an arterial or collector street (as determined by the Glenwillow Village Engineer) or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.
(d) Distribution Facility, Warehousing and Wholesale Trade.
(1) The minimum lot size shall be three acres, and the minimum lot width shall be 200 feet.
(2) All drive lanes and maneuvering areas shall be constructed of a paved dust-free surface and provided with adequate drain systems to accommodate storm water.
(3) Where the site is adjacent to a residential zoning district, hours of operation may be restricted.
(4) When the site is adjacent to a residential zoning district, a side and rear buffer area of 100 feet shall be maintained and shall be landscaped per plans approved by the Planning Commission.
(5) All vehicular access shall have direct access to an arterial or collector street to minimize impacts on local streets and shall be designed so as not to create an interference with traffic on surrounding public streets.
(e) Hospitals and Similar Large-Scale Medical Facilities.
(1) Development Standards:
A. Unless otherwise specified below or altered by the Planning Commission, the use shall comply with the development standards of the district in which it is located.
B. The minimum lot area shall be five (5) acres, and the minimum lot width shall be 500 feet.
C. All buildings shall be set back a minimum of 100 feet from all lot lines.
D. All parking areas shall be set back a minimum of fifty (50) feet from all lot lines.
(2) Such uses shall be located on an arterial or collector street (as determined by the Glenwillow Village Engineer) or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.
(3) Ambulances and other vehicles used in the operation of the principal use shall be stored in an enclosed building.
(4) The inclusion of such land use shall not discourage the appropriate development or impair the value of existing or proposed industrial development in the area surrounding the subject development.
(f) Keeping/Raising Animals.
(1) The keeping/raising of small livestock, including chickens, ducks, geese, turkeys, rabbits and similar farm animals, and cages, coops and enclosures for the keeping of such animals, shall comply with the following:
A. The minimum lot size required to keep or raise small livestock shall be 40,000 square feet.
B. A maximum of six (6) such animals may be kept on the property. Roosters are not permitted. However, if the gender of a chick cannot be determined at hatching, a chick of either gender may be kept on the property for no more than six (6) months
C. Coops and Cages. All such animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals, exclusive of areas used for storage of materials or vehicles.
1. The coops and cages housing such animals shall be located in the rear yard, a minimum of twenty (20) feet from a side or rear lot line and a minimum of ten (10) feet from any dwelling unit.
2. The total area of all coops or cages on a lot shall not be greater than thirty-two (32) square feet for up to six (6) animals. Coops and cages shall not exceed fifteen (15) feet in height.
D. Enclosures and Fences. Such animals shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the animals on the property and to prevent access by dogs and other predators and providing at least ten (10) square feet of area for each such animal.
E. Slaughtering of small livestock is prohibited, and no commercial activity shall be permitted as a result from the keeping of small livestock on the property.
F. The restrictions of this section do not pertain to household pets or companion animals as defined in Section 505.071.
(2) The keeping/raising of hoofed animals, and the shelters and enclosures for the keeping of such animals, shall comply with the following:
A. The minimum lot size required to keep or raise hoofed animals, which shall be limited to cattle, horses, mules, llamas, sheep, goats or swine, shall be three acres.
B. The number of hoofed animals that may be kept on a lot shall not exceed one animal per each acre of lot area.
C. All hoofed animals shall be provided a suitable structure for protection from the weather. Any structure used as a shelter for any livestock shall:
1. Be set back a minimum of 100 feet from all neighboring inhabited structures.
2. Shall not exceed the height of the principal building.
3. Shall be permitted in the side or rear yard but not closer than eighty (80) feet to a side or rear lot line.
4. Shall not be closer than 100 feet from a well or other potable water source.
D. Fencing utilized to corral, pen or confine livestock shall be set back a minimum of twenty (20) feet from all property lines.
(3) All facilities must be kept in good repair, maintained in a clean and sanitary condition, and free of vermin, obnoxious smells and substances. The facility will not create a nuisance or disturb neighboring residents due to noise, odor, damage or threats to public health.
(4) No storage of compost or manure is permitted in a front or side yard or within twenty (20) feet of the side or rear lot line.
(g) Mobile Food Facilities. Mobile food facilities including, but not limited to food trucks, shall only be located on a lot in compliance with the following:
(1) A mobile food facility shall not be established on any lot in Glenwillow unless a site plan submitted by the property owner indicating compliance with the following standards has been approved in accordance with Chapter 1115. In addition to the submission requirements for site plan review set forth in Chapter 1115, the applicant shall submit evidence of having obtained all required County and State permits.
(2) A mobile food facility shall be located on a lot containing a principal building or use.
(3) Not more than three (3) mobile food facilities shall be permitted on a lot.
(4) Mobile food facilities shall be located a minimum of 100 feet from the main entrance to any eating establishment or similar food service business and 100 feet from any outdoor dining area, as measured from the designated location on the lot accommodating the mobile food facility.
(5) Mobile food facilities shall not occupy parking spaces required to fulfill the minimum requirements of the principal use as required in Chapter 1155 of this Code unless the principal use's hours of operation do not coincide with those of the mobile food facility's business.
(6) No free-standing signage or audio amplification shall be permitted as part of the mobile food facility.
(7) The hours of operation may be limited by the Planning Commission.
(8) The mobile food facility's vendor shall remove all waste and trash from the approved location at the end of each day or as needed to maintain the health and safety of the public. The vendor shall keep all areas within five (5) feet of the truck clean of grease, trash, paper, cups or cans associated with the vending operation. No liquid waste or grease is to be disposed in tree pits, sanitary sewer system, storm drains or onto the sidewalks, streets, or other public space.
(9) All required County and State permits and licenses shall be clearly displayed on the facility at all times.
(10) A mobile food facility permit shall be required to be renewed annually. If at any time evidence of the improper disposal of liquid waste or grease is discovered, the permit for the mobile food facility shall be rendered null and void and the mobile food facility business shall be required to cease operation immediately..
(h) Outdoor Dining Areas. Outdoor dining areas on a private property shall be regulated as follows:
(1) An outdoor dining area may be allowed as an accessory use to a restaurant with an indoor eating area on the same site; provided, the outdoor dining area shall not replace any off-street parking, loading, or landscaping areas as may be required by this resolution.
(2) The outdoor dining area shall not encroach on the public right-of-way.
(3) If no grade separation is provided between vehicular traffic and the outdoor dining area, permanent railings or fencing shall be provided around the dining area. If the outdoor dining area is adjacent to a street or area that is closed to vehicular traffic, no railing or fencing shall be required.
(4) Umbrellas, or other protective elements, that shelter diners from the elements shall be secured so as not to create a hazard.
(5) Enclosing an outdoor dining area either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district and shall require the issuance of a zoning certificate.
(6) The use of electronics (e.g., televisions, radios, or speakers) and live entertainment in the outdoor dining area shall not generate excessive noise or otherwise have a negative impact on the surrounding properties.
(i) Outdoor Storage of Fleet Vehicles. Fleet vehicles used in the operation of the principal use may be stored outdoors on the lot in compliance with the following:
(1) The outdoor storage of fleet vehicles shall be located in a side or rear yard in compliance with the parking setbacks set forth in Table 1139.05 for the district in which the lot is located.
(2) The outdoor storage area shall:
A. Not exceed twenty-five percent (25%) of the ground floor area of the principal building;
B. Not occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access;
C. Be paved in compliance with the pavement requirements for parking lots;
D. Be enclosed with a fence having a minimum height of not less than six (6) feet.
(j) Outdoor Storage of Materials. A conditional use permit allowing the outdoor storage of materials may be approved by the Planning Commission for a two (2) year period, and such permit may be renewed, by the Chief Building Official, provided the outdoor storage is and remains in compliance with the following and any additional conditions prescribed by the Planning Commission.
(1) The allowance for the outdoor storage of materials shall be restricted to the storage of goods, materials, equipment or products associated with the principal use.
(2) The outdoor storage of the following types of items shall not be permitted:
A. Radioactive, toxic or otherwise hazardous materials.
B. Recycled materials, or used or salvaged metals, vehicles or equipment, or other items that meet the definition of a junk yard or rubbish dump.
C. Over the road trailers used solely for storage;
D. Non-operational vehicles, trailers, trailers without wheels and axles; inoperable trailers;
E. Goods, materials, equipment, vehicles and similar items that are not associated with the principal use of the lot.
(3) Area. The area of the lot devoted to outdoor storage shall not exceed the ground floor area of the principal building.
(4) Location.
A. Areas devoted to outdoor storage shall be located in a side or rear yard only and shall comply with the building setbacks set forth in the district regulations for the district in which the lot is located, unless otherwise permitted by the Planning Commission.
B. All outdoor storage areas must be contiguous to the principal building.
C. No outdoor storage area shall be permitted to occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access.
(5) Areas devoted to outdoor storage shall, at a minimum, be surfaced with gravel or other similar material approved by the Planning Commission.
(6) All storage shall be kept in neat orderly rows, kept free of weeds or other unsightly conditions such as partially ripped off tarpaulins and regularly maintained to ensure that dust does not become a nuisance.
(7) All materials shall be stored in such a manner as to be accessible to firefighting equipment at all times.
(8) Outdoor storage areas shall be effectively screened from all adjacent residential districts, public parking areas and public streets as required in Chapter 1159 and such screening shall have a height tall enough to conceal all operations and materials therein from the view of any observer standing at the grade level at an abutting residential district line or a public street.
(9) Application.
A. Each application shall clearly state the type of goods, materials, equipment or products that will be stored outdoors on the lot and the location on the lot of such outdoor storage.
B. Each application shall state that the applicant understands as a condition of accepting such outdoor storage permit that there will be inspections of such outdoor storage every six (6) months to make a record of compliance with the permit and the applicant consents to such inspection on such applicant's property every six (6) months.
C. The Planning Commission shall review any application for such outdoor storage of materials to determine the effect of such use on neighboring property or any property or streets from which said storage may be observed, the possible creation of public nuisances by reason of noise, smoke, wastes, odor, vibrations, lights, stream or ground pollution, safety hazards, traffic hazards, or any other potential danger or hazard or effect on the public peace, health, safety, morals and welfare.
D. Each Conditional Use permit will be reviewed on a regularly established review date every two (2) years. At the time of review of each Conditional Use permit for outdoor storage the original conditions for issuance set forth in the conditional use permit and the prior history of the neatness and maintenance of such storage area during preceding conditional use permit periods shall be considered. The Planning Commission shall have the power to deny or re-issue such Conditional Use permit for up to another two (2) years and it may approve the same conditions or any additional conditions to insure that any prior negative maintenance is not repeated.
(k) Personal Services, Banks, Business Services, Restaurants and Retail Sales in a General Industrial District.
(1) When such an establishment is the principal use in a building, it shall only be permitted when part of a multi-building development in which the majority of the principal uses are permitted by-right in a General Industrial District.
(2) The inclusion of such land use shall not discourage the appropriate development or impair the value of existing or proposed industrial development in the area surrounding the subject development.
(Ord. 2016-07-24. Passed 8-3-16.)
(l) Ponds and Lakes. All ponds and lakes containing over 500 square feet of water surface and one and one-half feet of water depth shall comply with the following requirements:
(1) A minimum lot size of one acre is required in order to have a pond or lake with greater than 500 square feet of water surface.
(2) Ponds are permitted in a front, side and rear yard a minimum of 75 feet from the street right-of-way and 20 feet from all other property lines. Where embankments are utilized, the setback shall be measured from the toe of the slope for said embankment.
(3) Ponds or lakes shall be at least 25 feet from the principal building.
(4) A zoning certificate shall be obtained prior to construction of a pond or lake. The applicant shall submit to the Chief Building Official a copy of the proposed pond or lake plans and documentation that such pond or lake plan has been reviewed and stamped as approved by the Village Engineer.
(5) The construction and operation of a pond or lake shall meet all applicable State and County regulations.
(Ord. 2016-10-36. Passed 10-5-16.)
(m) Private Recreational Development in the Country Home District. The purpose of this section is to provide for continued investment in the existing private recreational development, while preserving the existing open space, vegetation and amenities for future generations.
(1) The Planning Commission may approve the following uses in its conditional use approval of a recreational development:
A. Recreational residential unit, permanent use;
B. Seasonal cottage residential unit;
C. Community building;
D. Swimming pool;
E. Other accessory structures determined by the Planning Commission to be clearly incidental to and typically associated with the allowable uses set forth in (m)(1)A. through D above.
(2) Definitions.
A. Recreational Development. An area of land that is planned and developed as a single recreational site that is designed to provide limited recreational facilities in a primarily natural setting.
B. Recreational residential unit, permanent use. A unit that is occupied on a year-round basis, separated from all other units by open space from ground to sky, but which is not located on its own subdivided lot.
C. Seasonal cottage residential unit. A building containing a single unit made up of a room or group of rooms containing facilities for eating, sleeping, bathing and cooking, designed for seasonal use and not as a year-round dwelling unit, separated from all other dwelling units by open space from ground to sky, but which is not located on its own subdivided lot.
(3) Development Standards:
A. Development Area. The minimum project size for a recreational development is thirty-five (35) acres. The development area shall remain in single-ownership and shall not be reduced in size without the approval of the Planning Commission. The subdivision of land within the recreational development shall be prohibited unless the lots comply with the minimum requirements for the Country Home District.
B. Density. The maximum density of dwelling units (total for seasonal and permanent), shall not exceed one unit per 54,000 square feet of development area.
C. Minimum Frontage on Major Street shall be 300 feet.
D. Minimum Setbacks. All buildings and structures shall be located a minimum of 500 feet from the front lot line and 100 feet from the side and rear property lines.
E. Buffering and Screening. The outer boundaries of the recreational development formed by the minimum setback requirements shall be remain as undisturbed open space, unless the Planning Commission determines that additional landscaping is needed to properly buffer the development from the street and adjacent lots.
F. Minimum Open Space. A minimum of eighty percent (80%) of the recreational development site must be preserved as open space. Open space shall be measured as the area outside one polygon drawn around the buildings to encompass all structures including interior roads and including a fifteen (15)-foot buffer around all structures.
G. Building Separation. The minimum distance between buildings shall be ten (10) feet.
H. Maximum building height shall be thrity-five (35) feet.
I. Recreational permanent use residential units and seasonal cottage residential units do not need to comply with the minimum dwelling unit requirements set forth in Chapter 1135.
(4) Interior Road. The design and construction of the interior roads shall be sufficient to adequately serve the size and density of the development. All interior roads shall be all-weather roads with a width not less than twelve (12) feet.
(5) Compliance with Other Village Regulations.
A. All recreational developments shall comply with the Floodplain Overlay District regulations, storm water management regulations and requirements for water and sanitary sewer service.
B. The conversion of a seasonal cottage to a permanent single-family dwelling unit shall require the structure to comply with all of the requirements of the building code.
(6) Use of Community Buildings and Recreational Features. The use of all community buildings and recreational features shall be restricted to the sole use and enjoyment of the occupants of the property, except that in the conditional use approval of the recreational development, the Planning Commission may authorize periodic temporary events that are open to the general public.
(7) A private swimming pool may be allowed as an accessory use provided it complies with the following conditions:
A. The pool is intended and is to be used solely for the enjoyment of the occupants of the property on which it is located;
B. It shall not be located closer than the required setback line for structures; and
C. The swimming pool, or the entire property on which it is located, shall have a fence, wall, or barrier to prevent uncontrolled access from the street or adjacent properties. Such fence or wall shall be maintained in good condition with a gate and lock.
(n) Residential Occupancy of an Existing Structure. Existing structures located along Austin Powder Drive that are located in the Village Center Business District are permitted to be occupied as residences in order to maintain the viability of the structure and its contributions to maintaining the "company town" character of the area. A zoning certificate shall be required whenever such a structure is changed from a retail or office use to a residential use.
(o) Retail Sales (Limited) as an Accessory Use. Principal uses in the applicable zoning district may include limited retail sales as an accessory use provided:
(1) The floor area dedicated to retail sales is less than ten percent (10%) of the total building floor area;
(2) The retail sales take place in the principal building; and
(3) The retail sales are related to the services rendered, products stored, or products produced as part of the principal use.
(p) Skilled Nursing and Rehabilitation Facility. A skilled nursing, rehabilitation facility shall comply with the following:
(1) Allowable Uses.
A. Clinical care services covering short term and long term care and in-patient rehabilitation.
B. Assisted living facilities, which for the purposes of this Section shall be residential accommodations designed for and intended to be occupied by individuals who require supervision, assistance and health care services or who are otherwise dependent on the services of others by reason of age or physical or mental impairment.
(2) Development Standards:
A. Unless otherwise specified below or altered by the Planning Commission, the use shall comply with the development standards of the district in which it is located.
B. The minimum lot area shall be five (5) acres, and the minimum lot width shall be 500 feet.
C. All buildings shall be located a minimum of 100 feet from a public street right of way and fifty (50) feet from side and rear lot line.
D. Impervious surfaces, including areas devoted to buildings and pavement, shall not occupy more than sixty percent (60%) of the lot.
(3) The facility shall be located so as to have access only to an arterial street;
(4) The inclusion of such land use shall not discourage the appropriate development or impair the value of existing or proposed industrial development in the area surrounding the subject development.
(q) Work/Live Units. The following conditions shall apply to work/live units in a commercial building when approved as a conditional use.
(1) The exterior appearance of the commercial structure shall be compatible with adjacent nonresidential uses.
(2) Work/live units located on the first floor of a commercial building are subject to the development standards for first floor establishments as provided in the zoning ordinance.
(3) When a work/live unit is located on the first floor of a commercial building, a minimum of eighty percent (80%) of the linear first floor façade of the work/live unit shall be occupied by the nonresidential use.
(4) Within each work/live unit, the living area shall not exceed fifty percent (50%) of the total floor area of the unit.
(5) For new construction, where work/live units are permitted on the first floor, the first floor space shall have a minimum floor to floor height of ten (10) feet.
(6) Parking for work/live units of less than 2,000 square feet, may be approved at one space per unit."
(7) Living space shall be physically integrated into the work/live unit and shall not be separately rented, leased, or sold. Mezzanines and lofts within the unit may be used as living space subject to compliance with the other provisions of this section. "
(Ord. 2016-07-24. Passed 8-3-16; Ord. 2023-10-35. Passed 12-6-23.)