The following sections identify specific requirements which shall be complied with by individual special land uses, as determined by the Planning Commission and/or Zoning Commission, as required, in addition to the general standards of § 157.122.
(A) Listing. Special land uses with specific site and/or use standards described on the following pages:
(1) Accessory above-ground fuel services and storage;
(2) Accessory use or storage of hazardous materials;
(3) Accessory commercial outdoor sales or storage (see commercial outdoor sales);
(4) Adult regulated uses;
(5) Arcades and similar devices at public commercial mechanical amusement device centers;
(6) Automobile service centers (minor repair) and major auto repair establishments;
(7) Automobile service (gasoline) stations, including those accessory to another use;
(8) Automobile towing;
(9) Automobile washes, automatic or self-service;
(10) Banks, credit unions, and savings and loan institutions with over three drive-through lanes;
(11) Bed and breakfast inns;
(12) Cemeteries;
(13) Churches;
(14) Commercial outdoor sales or storage, including contractor’s yard (as permitted or accessory use);
(15) Composting centers;
(16) Essential public service buildings and structures;
(17) Essential public service storage yards;
(18) Adult foster care large group home (13 to 20 adults);
(19) Housing for the elderly, retirement villages, and the like;
(20) Kennels, commercial;
(21) Nursing and convalescent homes;
(22) Open air business, see commercial outdoor display, sales, and storage;
(23) Recreation: commercial outdoor establishments (excluding golf related uses);
(24) Recreation: golf driving ranges, miniature golf courses;
(25) Recreation: indoor commercial recreation (bowling-alleys, ice areas, skating rinks, and the like);
(26) Recreation: private, non-commercial institutional or community recreation facilities, and swimming pool clubs;
(27) Recycling centers;
(28) Restaurants and other establishments with drive-in or drive-through facilities;
(29) Schools: public, parochial, and private intermediate or secondary schools;
(30) Shopping centers over 60,000 square feet;
(31) Short-term rentals; and
(32) Marihuana establishments.
(B) List of specific requirement by use.
(1) Accessory above-ground fuel services and storage. Location of accessory fuel services related to the marine, aviation, agriculture, mobile home parks, recreational uses, medical facilities, and industrial uses shall be permitted subject to the following:
(a) Minimum lot size for above-ground fuel service or storage shall be three acres;
(b) Above-ground storage tanks other than those holding water shall be located not less than 75 feet from any occupied building or any lot line and shall be mounted on a solid concrete slab to prevent overturn and spilling, according to EPA specifications; and
(c) A pollution incidence prevention plan shall be submitted and approved.
(2) Accessory use or storage of hazardous materials. The applicant shall provide documentation for the following, with appropriate correspondence from the State Department of Natural Resources (MDNR), State Police Fire Marshal, the EPA, local fire department, and other applicable local codes and ordinances:
(a) Description of any discharge of any type of wastewater to a storm sewer, drain, lake, stream, wetland, other surface water body, or into the groundwater;
(b) Description of storage of any salt, oil, or other potentially hazardous materials, including common name, name of chemical components, location, maximum quantity expected on hand at any time, type of storage containers or base material, and anticipated procedure for use and handling;
(c) Description of any transportation, on-site treatment, storage, or disposal of hazardous waste generated in quantities of 250 gallons or 2200 pounds per month;
(d) Description of any secondary containment measures proposed, including design, construction materials and specifications, volume, and security measures; and
(e) Name and phone number(s) of person(s) responsible for materials and available 24 hours, in case of detected spill.
(3) Accessory commercial outdoor display, sales, or storage. See commercial outdoor sales in division (B)(14) below.
(4) Adult regulated uses.
(a) Intent. In the development and execution of this subchapter, it is recognized there are some uses that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby causing a deleterious effect upon the adjacent areas. The proximity of adult uses to certain uses considered particularly susceptible to the negative impacts or the concentration of adult uses tends to erode the quality of life, adversely affect property values, disrupt business investment, encourage residents and businesses to move or avoid the community, increase crime, and contribute to a blighting affect on the surrounding area. This division (B)(4) describes the uses regulated and the specific standards needed to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses and to require sufficient spacing from uses considered most susceptible to negative impacts.
(b) Uses regulated. The following uses are regulated by this division (B)(4)(b):
1. Adult book or supply store;
2. Adult model studio;
3. Adult motion picture arcade;
4. Adult motion picture theater or adult living state performing theater;
5. Adult outdoor motion picture theater;
6. Adult physical cultural establishment;
7. Cabaret; or
8. Massage parlor, except those licensed by the state and meeting the criteria outlined in the definitions section in § 157.008.
(c) Required spacing. The establishment of the types of adult regulated uses listed in division (B)(4)(b) above shall meet all of the following space requirements; with the distance between uses measured horizontally between the nearest point of each property line:
1. At least 1,000 feet from any other adult regulated use;
2. At least 1,000 feet from all churches, convents, temples, and similar religious institutions;
3. At least 1,000 feet from all public, private or parochial nursery, primary or secondary schools, public parks, and hospitals;
4. At least 1,000 feet from any use defined as a “care organization”;
5. At least 800 feet from any single-family or multiple-family residential district or use; and
6. At least 800 feet from any pool or billiard hall, coin-operated amusement center, indoor and outdoor recreation, such as miniature golf; dance club catering primarily to teenagers, movie theaters, ice or roller skating rinks, and similar uses frequented by children and teenagers.
(d) Special site design standards.
1. Maximum size of the building shall be 5,000 square feet;
2. The building and site shall be designed, constructed, and maintained so material such as a display, decoration, or sign depicting, describing, or relating to specific sexual activities or specified anatomical areas (as defined in § 157.008) cannot be observed by pedestrians, motorists on a public right-of-way, or from an adjacent land use;
3. Adult regulated uses shall be located within a freestanding building. A shared or common wall structure or shopping center are not considered to be a freestanding building;
4. The color of the building materials shall be approved by the Planning Commission and/or Zoning Commission, as required;
5. A six-foot high brick or masonry wall shall be constructed to screen the parking lot. The Planning Commission and/or Zoning Commission, as required, may permit use of landscaping in place of the wall; and
6. Access shall be from an arterial roadway.
(e) Conditions of approval. Prior to the granting of approval for the establishment of any regulated use, the Planning Commission and/or Zoning Commission, as required, may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the regulated use as in its judgment may be necessary for the protection of the public interest. Any evidence, bond, or other performance and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.
(f) Specific penalties. No person operating an adult entertainment business shall permit any person under the age of 18 to be on the premises of said business either as an employee or customer.
(5) Arcades, mechanical amusement devices, and similar devices.
(a) Any part of the lot occupied by such use shall not be located within 300 feet of any residential district or within 500 feet of the property line of any public, parochial, or other private school offering courses in general education.
(b) Access to the site shall be directly from a regional arterial or arterial street.
(c) All activities, except for off-street parking or loading, shall be conducted within completely enclosed buildings constructed in accordance with all other applicable codes and village ordinances.
(6) Automobile service centers, including major auto repair.
(a) The site shall be separated a minimum of 300 feet from a single-family residential district, school, or hospital.
(b) All repair work shall be conducted within a completely enclosed building.
(c) The minimum lot area shall be 15,000 square feet plus 1,000 square feet of additional lot area for each additional service bay over two and 300 square feet of additional lot area for each space intended for storage of inoperable vehicles. The minimum lot width shall be 120 feet.
(d) Overhead doors shall not face a residential district or other businesses or future businesses whose image requires a positive atmosphere and setting. The Planning Commission and/or Zoning Commission, as required, can modify this requirement upon determining there is no reasonable alternative any poor visual impact will be diminished through use of landscaping and screening beyond that required in §§ 157.165 through 157.176, “Landscaping Standards”.
(e) Access driveways shall be along an arterial or major collector street. Only one driveway shall be permitted from any street, unless the Planning Commission and/or Zoning Commission, as required, determines additional driveways are necessary and will not increase accident or congestion potential.
(f) Where adjoining a non-single-family residential district, a wall six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition. The Planning Commission and/or Zoning Commission, as required, may require landscaping as an alternative.
(g) There shall be no outdoor storage or display of vehicle components and parts, materials, commodities for sale, supplies, or equipment.
(h) Storage of wrecked, partially dismantled, inoperable or other derelict vehicles, and vehicles for towing shall be parked and stored in an area obscured from view at the lot lines.
(i) No vehicle shall be parked outside, unless it is an employee’s vehicle or an operable vehicle waiting repair with a valid work order.
(j) The applicant shall submit a written statement describing measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as, special check valves, drain back catch basins and automatic shut off valves, as approved by the Fire Department. Such measures also may include a location of the proposed facility where accidental spills are not likely to easily contaminate surface or groundwater.
(k) Any portion of a building containing an automotive body shop shall consist of a solid masonry wall or equivalent, with no openings other than those required for access.
(7) Automobile service (gasoline) stations, including those that perform minor repair work.
(a) All operations and minor repair work shall be conducted completely within an enclosed building.
(b) The minimum lot area for gasoline service stations shall be 10,000 square feet, plus 500 square feet for each additional pump over four. The minimum lot width shall be 80 feet.
(c) The outside storage or display of any parts or products is prohibited.
(d) Storage of wrecked, partially dismantled, or other derelict vehicles is prohibited.
(e) Above-ground tanks for the storage of gasoline, liquefied petroleum, kerosene, or other flammable liquids or oil or other lubricants shall meet all applicable federal and state regulations.
(f) Vehicles shall not be parked outside, unless it is an employee’s vehicle or an operable vehicle waiting repair with a valid work order.
(g) Pump islands, tanks, propane, and petroleum products shall be a minimum of 15 feet from any public right-of-way or lot line.
(h) Overhead canopies shall be setback at least 15 feet from the right-of-way with materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan.
(i) Access driveways shall be along an arterial or major collector street. Only one driveway shall be permitted from any street, unless the Planning Commission and/or Zoning Commission, as required, determines additional driveways are necessary and will not increase accident or congestion potential.
(j) Where adjoining residential district, a wall six feet in height shall be erected along any common lot line. Such wall shall be continuously maintained in good condition. The Planning Commission and/or Zoning Commission, as required, may require landscaping as an alternative.
(k) The applicant shall submit a written statement describing measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as special check valves, drain back catch basins, and automatic shut off valves.
(l) In the event that an automobile service station use has been abandoned or terminated for a period of more than one year, all underground gasoline storage tanks shall be removed from the premises, as per state requirements.
(8) Automobile towing.
(a) Any parking or outdoor storage of vehicles shall be separated by a minimum of 300 feet from a single-family residential district, school, or hospital.
(b) The minimum lot area shall be 15,000 square feet plus 300 square feet for each vehicle stored on-site.
(c) The minimum lot width shall be 120 feet, provided, the Planning Commission and/or Zoning Commission, as required, may reduce the minimum lot width requirement where the Planning Commission and/or Zoning Commission, as required, determines that such reduction will not negatively impact adjacent land uses and traffic operations.
(d) Access driveways shall be along an arterial street.
(e) All tow trucks and vehicles for towing shall be parked and stored in an area obscured from view at the lot lines by a wall or fence six feet in height. Such wall or fence shall be continuously maintained in good condition. The Planning Commission and/or Zoning Commission, as required, may require landscaping as an alternative.
(f) No vehicle shall be parked outside the screening wall, unless it is an employee’s personal vehicle.
(g) The applicant shall submit a written statement describing measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the Fire Department. Such measures also may include a location of the proposed facility where accidental spills are not likely to easily contaminate surface or groundwater.
(h) All outdoor storage areas shall be paved with asphalt or concrete and shall be graded and drained to dispose of stormwater without negatively impacting adjacent property.
(i) The site shall include a building of at least 500 feet of gross floor area for office use in conjunction with the approved use.
(j) There shall be no repair or dismantling of vehicles or sale of vehicle parts associated with such use.
(k) 1. Vehicles may be stored on-site for a duration not to exceed 30 days.
2. The operator of the special land use shall be responsible for maintaining a manifest that tracks the date each vehicle is brought onto the site and the date each vehicle is removed from the site.
3. Such manifest shall be available for inspection by the village for the purpose of monitoring compliance with this section and the conditions of special land use approval.
(9) Automobile washes, automatic, or self-service.
(a) Only one ingress/egress driveway shall be permitted on any single street, unless the Planning Commission and/or Zoning Commission, as required, determines additional driveways are necessary and will not increase accident or congestion potential.
(b) Where adjoining a residential district, a solid fence or wall six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition. The Planning Commission and/or Zoning Commission, as required, may require landscaping, including a berm, as an alternative.
(c) All washing facilities shall be within a completely enclosed building with no openings other than those required for access.
(d) Vacuuming and drying may be located outside the building, but shall not be in the required front yard and shall be set back at least 50 feet from any residential district.
(f) Truck wash must be at least 100 feet from all property lines and entirely screened using landscaping from residential uses.
(10) Banks, credit unions, and savings and loan institutions with drive-through facilities with over three drive-through lanes.
(a) Only one ingress/egress driveway or one pair of one-way driveways or one stand-alone ready teller structure shall be permitted along any street.
(b) Exit and required stacking lanes shall not face directly at a single-family residence zoned for residential use, unless the alignment is designated or landscaped to prevent headline glare.
(11) Bed and breakfast inns.
(a) Must be operated entirety within the principal dwelling and not within any garage or accessory building located upon the premises, except for incidental storage in use of a residential type garage;
(b) Must be operated by the persons who own and occupy the premises;
(c) Shall not have any exterior evidence, other than a permitted sign, to indicate that the residence is being utilized for any purpose other than that of a dwelling;
(d) Shall not involve alteration or construction not customarily found in a residential dwelling;
(e) Must be clearly incidental and subordinate to the principal use of the premises for residential purposes;
(f) Shall not constitute an annoyance or nuisance to adjoining residents by reason of noise, smoke, odor, electrical disturbance, night lighting, or the creation of unreasonable traffic to the premises;
(g) Must have a minimum of 100 square feet for each unit of 100 square feet for two lodgers and 50 square feet for each additional lodger;
(h) Shall not display or create outside the structure any external evidence of the operation, except for one unanimated, non-illuminated wall sign having an area of not more than four square feet. Sign materials are to be comparable with the architecture of the building;
(i) Guests are not allowed to stay longer than 14 consecutive days or 30 days in any one calendar year at any bed and breakfast location;
(j) All bed and breakfast operations shall maintain on the premises a guest register, and all guests shall be legibly registered, and such register is subject to inspection during reasonable hours by the Village Manager or his or her designate;
(k) All bed and breakfast permit holders shall be reviewed on an annual basis and shall be required to comply with all state and local regulations and laws concerning bed and breakfast operations;
(l) Sufficient landscaping shall be used to screen adjacent residences from parking areas or any outdoor eating area; and
(m) A sketch plan showing the floor plan shall be submitted for approval.
(12) Cemeteries.
(a) Minimum property size shall be ten acres;
(b) All grave sites, buildings, and structures shall be setback at least 100 feet from all property lines;
(c) The Planning Commission and/or Zoning Commission, as required, shall determine that the cemetery will have a “park like” setting; or
(d) Uses such as crematoriums, mausoleums, casket sales, and monument sales shall be permitted as an accessory use to a cemetery. Setbacks and landscaping shall be compatible with adjacent uses; and
(13) Churches, temples, and similar places of worship.
(a) Minimum lot area shall be two acres, plus an additional 15,000 square feet for each 100 persons of occupant load as determined by Village Building Code;
(b) Buildings of greater than the maximum height permitted in § 157.009 may be allowed provided the front, side, and rear yard setbacks are increased above the minimum required by one foot for each foot of building height that exceeds the maximum permitted;
(c) All vehicular access to the site shall be onto a regional arterial, arterial, or collector street, as classified in the Village Master Plan. The Planning Commission and/or Zoning Commission, as required, may allow secondary access onto local (residential) streets if the uses fronting the street which would be most impacted by traffic flow are predominantly non-single-family homes;
(d) Wherever an off-street parking area is adjacent to a residential district, a continuous obscuring wall, fence and/or landscaped area at least five feet in height shall be provided. The Planning Commission and/or Zoning Commission, as required, may reduce this buffer based on the standards of § 157.176; and
(e) The Planning Commission and/or Zoning Commission, as required, may require a traffic impact analysis, particularly if the church is to have services or activities dining peak times on the roadway, or if there are other religious institutions in the vicinity which could create traffic conflicts (refer to § 157.048(B)(12)).
(14) Commercial outdoor sales or storage and open air businesses. As a permitted or accessory use, including sales or storage of: building/lumber supply; contractors yards; flea markets; auctions; garden/landscape supplies; nurseries; greenhouses; stone; farm implement; automobiles; trucks; recreational vehicles; mobile homes; boats; jet skis; mowing equipment; construction equipment; and similar materials or equipment).
(a) Any stockpiles of soils, fertilizer, or similar loosely packaged materials shall be sufficiently covered or contained to prevent dust or blowing of materials.
(b) All outdoor storage areas shall be paved and include a stormwater drainage system approved by the Planning Commission and/or Zoning Commission, as required.
(c) No outdoor storage shall be permitted in the front yard or in any required side yard or required rear yard of buildings for the district in which the commercial outdoor display, sales, or storage use is located.
(d) The site shall include a building of at least 500 feet of gross floor area for office use in conjunction with the approved use.
(e) The display and storage area shall be paved with a permanent, durable, and dustless surface and shall be graded and drained to dispose stormwater without negatively impact adjacent property.
(f) All loading and truck maneuvering shall be accommodated on-site.
(g) All outdoor storage areas adjacent to a residential district shall provide a wall or buffer strip as described in § 157.175.
(15) Commercial composting centers.
(a) The applicant shall submit an impact assessment (See § 157.048) describing the expected odors, aesthetics, environmental impacts, vehicular, and truck traffic impacts associated with the use, and any mitigation measures to be employed.
(b) The site plan which 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; landscaped buffers; sales area; and fencing.
(c) Commercial composting operations shall be at least 1,000 feet from any residential district.
(d) All composting operations shall be at least 200 feet from boundary of any lake, stream, drain, wetland, or other surface water body. The applicant shall describe procedures for managing stormwater runoff and preventing pollution of surface water bodies or groundwater. Groundwater quality monitoring devices shall be provided.
(e) Documentation shall be provided indicating that the soils percolate and are not characterized by a high water table.
(f) The applicant shall describe acceptable methods for control of odors.
(g) A landscaped buffer strip or wall, as described in § 157.175 shall be provided on all sides adjacent to a residential district.
(h) Access shall be provided solely on Class A truck routes.
(i) All storage areas shall be enclosed in a building.
(j) Temporary signs shall be prohibited.
(16) Essential public service buildings and structures.
(a) Operating requirements necessitate that the facility be located at the subject site to serve the immediate vicinity.
(b) Electric or gas regulator equipment and apparatus shall be setback a minimum of 30 feet from all lot lines or equal to district setbacks, whichever is greater. They cannot be located in the district front yard setback.
(c) Essential public service storage yards shall be screened from any adjacent residential district by a buffer strip or berm. (See § 157.175.)
(d) The buildings or structures shall be architecturally compatible with the surrounding buildings and shall be of brick construction.
(17) Essential public service storage yards.
(a) Requirements of division (B)(16) above;
(b) The minimum lot size shall be three acres; and
(c) An open air fence six feet in height shall be constructed on the boundary property lines.
(18) Adult foster care large group home (13 to 20 adults).
(a) Shall have a minimum lot area of on-half acre (21,780 square feet);
(b) An on-site drive shall be provided for drop offs/loading. This drive shall be arranged to allow maneuvers without affecting traffic flow on the public street; and
(c) There shall be a fenced, contiguous open space with a minimum area of 5,000 square feet provided on the same premises as the large group day care home. The required open space shall not be located within a required front yard.
(19) Housing for the elderly.
(a) All sites shall be located within adequate walking distance of food stores, shopping centers, restaurants, and drug stores, as determined by the Planning Commission and/or Zoning Commission, as required.
(b) All dwelling units shall consist of at least 350 square feet per unit (not including kitchen and sanitary facilities).
(c) Passive recreation area(s) shall be provided at the rate of 25 square feet per 250 square feet of living area.
(d) The minimum lot size shall be not less than one acre.
(e) All units shall have at least one living room and one bedroom, except that not more than 20% of the units may be of an efficiency-type apartment.
(f) The gross density of the dwelling units shall not exceed 20 units per acre, exclusive of any dedicated public right-of-way of either interior or bounding roads.
(g) Except as provided herein, all buildings and sites shall be in compliance with RM requirements in § 157.009.
(h) No housing for the elderly shall be converted to any other use without complying with the provisions of this chapter in effect.
(i) The Planning Commission and/or Zoning Commission, as required, may add any conditions it deems appropriate to ensure the compatibility of the development with the surrounding area.
(k) All buildings permitted hereunder shall not exceed 40 feet in height.
(20) Kennels, commercial.
(a) For kennels housing dogs, the minimum lot size shall be two acres.
(b) Building wherein dogs are kept, dog runs, and/or exercise areas shall not be located nearer than 100 feet to property lines and shall not be located in any required front, rear, or side yard setback area.
(c) Such facilities shall be subject to other conditions and requirements necessary to prevent possible nuisances (i.e., fencing, sound-proofing, and sanitary requirements).
(d) An operations/management plan shall be submitted to the village.
(21) Nursing and convalescent homes.
(a) There shall be provided on the site, not less than 1,500 square feet of open space for each bed in the home. The 1,500 square feet of land area shall provide for landscape setting, off-street parking, service drives, loading space, yard requirement, and accessory uses, but shall not include the area covered by main or accessory buildings.
(b) Principal buildings shall not be closer than 40 feet to any property line.
(22) Open air businesses. See commercial outdoor display, sales, and storage in division (B)(14) above.
(23) Recreation: commercial outdoor recreation establishments (excluding golf related uses).
(a) Such uses shall include, but are not limited to, recreational fields, rinks or courts, including football, softball, soccer, tennis, basketball, ice skating, and similar activities, swimming pools open to the general public or operated by a private nonprofit organization, archery and shooting ranges, commercial riding stables, animal racing, go-cart, automobile, or motorcycle tracks, music concert pavilions and band shells, amusement parks, and uses accessory to the above uses, such as refreshment stands, retail shops selling items related to the above uses, maintenance buildings, office for management functions, spectator seating, and service areas, including locker rooms and rest rooms.
(b) The site shall be adequate to accommodate the intended use(s), parking and adequate buffer areas without significant impact on nearby properties in terms of noise, traffic, lighting glare, views, odors, trespassing, dust, or blowing debris, as determined by the Planning Commission and/or Zoning Commission, as required. The applicant shall provide documentation that the site area is adequate using national facility standards.
(c) The site shall be located on a paved street which is classified as a regional arterial or arterial in the Village Master Plan.
(d) No building or spectator seating facility shall be located within 100 feet of a property line.
(e) The site shall be periodically cleared of debris.
(24) Recreation: golf driving ranges, miniature golf courses.
(a) All traffic ingress and egress shall be from regional arterial or arterial as classified in the Village Master Plan.
(b) Parking lots shall be set back at least 30 feet from the street right-of-way and 100 feet from any property line abutting a residential district.
(c) Any lot line abutting a residential district shall provide a 50-foot wide, landscaped buffer strip with landscaping meeting the standards of § 157.175.
(d) No building shall be constructed or located closer than 200 feet from the property line of any abutting residential lot.
(e) The site plan shall illustrate expected trajectory or ball dispersion patterns along fairways and for driving ranges where adjacent to residential uses, buildings, parking lots, or public streets.
(f) Site size shall be sufficient to retain errant balls within the site by means of landscaping, berms, or a six-foot high fence. Netting shall be prohibited, unless the Planning Commission and/or Zoning Commission, as required, determines the netting would be compatible with surrounding uses.
(g) The Planning Commission and/or Zoning Commission, as required, may restrict lighting and hours of operation for a driving range in consideration of surrounding land uses and zoning.
(h) Tee areas for a driving range shall be clearly distinguished by elevating the stations six inches to one and one-half feet above the ground, or through use of short walls or alternate distinction to separate tee stations.
(25) Recreation: indoor commercial recreation such as bowling alleys, indoor golf, ice arenas, skating rinks, and the like).
(a) The principal and accessory buildings and structures shall not be located within 100 feet of any residential district or permitted use.
(b) All uses shall be conducted completely within a fully enclosed building.
(c) The buildings shall be sound-proofed.
(d) A minimum eight-foot high, 20-foot wide berm landscaped with evergreen trees to create a totally obscuring screen shall be provided.
(26) Recreation: private, non-commercial institutional or community recreation facilities, and swimming pool clubs.
(a) The proposed site shall have at least one property line abutting a regional arterial or arterial roadway as classified in the Village Master Plan, and the site shall be so planned as to provide all ingress and egress directly onto or from said road.
(b) Front, side, and rear yards shall be at least 80 feet wide, and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts.
(c) Off-street parking shall be provided so as to accommodate not less than one half of the member families and/or individual members. The Planning Commission and/or Zoning Commission, as required, may modify the off-street parking requirements in those instances wherein it is determined that the users will be pedestrian and originate from the immediately adjacent areas. Prior to the issuance of a building permit or zoning compliance permit, by-laws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases wherein the proposed use or organization does not have by-laws or formal membership, the off-street parking requirements shall be determined by the Planning Commission and/or Zoning Commission, as required, on the basis of usage.
(d) Swimming pools shall meet the applicable standards of § 157.040(A)(2)(c), all applicable building and health codes.
(27) Recycling centers.
(a) Recycling stations shall be only for the collection of recyclable materials for hauling to another site for processing. A one or two yard dumpster may be provided for non-recyclable waste, such as twine, lids, and the like.
(b) Paved loading and stacking spaces shall be provided for at least three automobiles.
(c) All storage of recycled materials shall be within appropriate containers, with access through doors on the sides of the container.
(d) The Planning Commission and/or Zoning Commission, as required, may require a totally obscuring fence or wall around the perimeter of the recycling center.
(e) The hours of operation and materials accepted shall be clearly posted.
(f) Front, side, and rear yards shall be at least 80 feet wide, and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts.
(28) Restaurants and other establishments with drive-in or drive-through facilities.
(a) Principal and accessory buildings shall be setback at least 75 feet from any adjacent public right-of-way line or property line. Location shall be along a regional arterial or arterial, as classified in the Village Master Plan.
(b) Only one access shall be provided onto any regional arterial or arterial. Access points shall be located at least 60 feet from the intersection of any two streets.
(c) Such restaurants constructed adjacent to other commercial developments shall have a direct vehicular access connection where possible.
(d) A six-foot high wall which creates a completely obscuring effect shall be provided when abutting or adjacent districts are zoned residential, OS-1 or B-1.
(e) The applicant shall provide a traffic impact assessment, including projected traffic generation according to § 157.048(B)(12).
(29) Schools: public, parochial and private intermediate and/or secondary schools offering courses in general education.
(a) All vehicular access to the site shall be onto a regional arterial, arterial or collector road, as classified in the Village Master Plan.
(b) The Planning Commission and/or Zoning Commission, as required, may allow secondary access onto local (residential) streets if the uses fronting the street which would be most impacted by traffic flow are predominantly non-single-family homes.
(30) Shopping centers.
(a) Shopping centers over 60,000 square feet in any Commercial District shall meet the standards below.
(b) For purposes of calculation, the principal building and all outbuildings, including those on outlots, shall be included in calculating the gross floor area threshold for this section.
2. The principal building with front parking shall be setback 250 feet from any public right-of-way or property line.
3. Such shopping centers shall have access to at least one arterial road.
4. The design of regional shopping centers shall ensure that vehicular circulation patterns are designed and regulated to reduce conflicts between vehicles and pedestrians on-site, and the impacts of traffic generated by the center on adjacent streets.
5. Internal circulation shall be designed such that no intersection includes more than four aisles or drives.
6. Site entrances shall be restricted to three-way movements, with unrestricted inbound movements.
7. Internal drives defined by the ends of aisles shall have raised curbed islands at appropriate locations to define circulation paths and control movements through the parking lot.
8. Loading facilities which serve the commercial establishment in the principal building shall be screened from public view.
9. Any building side facing a public street or residential district shall be constructed with brick, fluted block, or similar decorative material.
10. Any outlot shall have circulation and parking designed to complement the entire site.
10. Any outlot shall have circulation and parking designed to complement the entire site.
(31) Short-term rentals.
(a) Must be operated entirely within the principal dwelling and not within any garage or accessory building located upon the premises, except for incidental storage in use of a residential type garage;
(b) Shall not have any exterior evidence, other than a permitted sign, to indicate that the residence is being utilized for any purpose other than that of a dwelling;
(c) Shall not involve alteration or construction not customarily found in a residential dwelling:
(d) Shall not constitute an annoyance or nuisance to adjoining residents by reason of noise, smoke, odor, electrical disturbance, night lighting, or the creation of unreasonable traffic to the premises;
(e) Must have a minimum of 100 square feet for each unit or 100 square feet for two lodgers and 50 square feet for each additional lodger;
(f) All operations shall maintain on the premises a guest register, and all guests shall be legibly registered, and such register is subject to inspection during reasonable hours by the Village Manager or his or her designee;
(g) All short-term rentals shall be reviewed/inspected on a bi-annual basis by the Zoning Administrator;
(h) Sufficient landscaping shall be used to screen adjacent residences from parking areas or any outdoor eating area;
(i) A sketch plan showing the floor plan shall be submitted for approval;
(j) Each short-term rental shall have a local agent as the primary contact on file with the village. The local agent must live or maintain a physical place of business within 15 miles of the dwelling unit used for short-term rentals. A property owner who meets these criteria may be the local agent. The village shall be notified of any changes to the primary contact before such change occurs;
(k) A reference guide, provided by the village, must be made available to all guests in a central visible location;
(l) A safety information sheet shall be provided regarding fire exits, available tornado shelter, the address of the property, and a local contact must be posted on the back of each sleeping unit door and exit;
(m) At least one fire extinguisher must be made available in the kitchen;
(n) Smoke detectors or fire alarms shall be interconnected at a minimum of one per floor. In addition, one smoke detector or fire alarm shall be installed in each sleeping unit.
(32) Marihuana establishments.
(a) Must meet all of the requirements of Chapter 158, Recreational Marihuana Establishments;
(b) Must meet all applicable village and State of Michigan marihuana license and other regulation.
(Ord. 259, passed 10-24-1995; Ord. 340, passed 5-27-2001; Ord. 407, passed 3-13-2011; Ord. passed 2-1-2012; Ord. 447, passed 1-10-2017; Ord. 457, passed 6-11-2019; Ord. 469, passed 2-8-2022) Penalty, see § 157.999