§ 152.132 USES PERMITTED WHEN AUTHORIZED BY SPECIAL USE PERMIT.

   (A)   The Zoning Administrator, after review and recommendation by the Planning Commission, subject to final approval by the Village Council, may authorize special uses in this District C-2, which are found to be appropriate and compatible with the character of the area, and which shall be subject to special requirements as the Planning Commission and Village Council may consider necessary to protect adjacent property and prevent conditions which may become objectionable or offensive; provided however, any request for special use permit shall be subject to the requirements for review and approval as set forth in §§ 152.228 and 152.229.

   (B)   (1)   Commercial kennels;

      (2)   (a)   Gasoline service stations when located on a lot not less than 15,000 square feet in area with a minimum width of 100 feet.

         (b)   All exterior lighting shall be so directed as to deflect away from adjacent properties.

      (3)   Gun clubs, paint-ball clubs, indoor shooting range; all activities must be within enclosed building;

      (4)   Outdoor advertising signs other than those which exclusively advertise the retail business on the premises;

      (5)   Privately-owned and/or operated parks; such as putt-putt, batting cages, bumper boats, water slide, go-cart track on paved course, and similar outdoor entertainment;

      (6)   Retail businesses with alcohol-related activities;

      (7)   Strip-mall businesses/construction, provided each business section has its own front and rear entry, parking requirements, safety requirements, and other ordinances are followed;

      (8)   Taverns, bars, and motels; and

      (9)   (a)   Mini-storage buildings, provided however, that no business activities other than rental of storage units shall be conducted on the premises;

         (b)   No outside storage, except as noted in this chapter; and

         (c)   No storage of explosive, radioactive, or hazardous storage cubicles shall be equally distributed throughout the storage area.

      (10)   A marihuana safety compliance facility as authorized by Ordinance 17-02 of the Village of Kingsley; and

      (11)   A marihuana secure transporter as authorized by Ordinance 17-02 of the Village of Kingsley.

   (C)   In addition to the applicable use requirements pursuant to § 152.132(A), a § 152.132(B)(10) safety compliance facility must comply with the following:

      (1)   Provide to the village a waste disposal plan that must be included with all applications for a safety compliance facility's operations detailing plans for chemical disposal and plans for all waste disposal;

      (2)   The permitted premises must obtain all applicable local and state approval for discharge of the safety compliance facility's by-products into the village's sewer system;

      (3)   Odors from the operations of a marihuana facility must be contained through use of operable filtration to ventilation and exhaust equipment. Odors must otherwise be effectively confined to the interior of the permitted premises from which the odor is generated to prevent fugitive nuisance odors from escaping the facility;

      (4)   The permitted premises must not be located within 100 feet of any existing residential district, such distance limitations must be measured in a straight line from the permitted premises to the respective existing residential districts boundary line;

      (5)   In the event of any explosion, release, or hazard that results from the operations of the safety compliance facility, the responsible party will be responsible for reimbursement of any emergency response costs which were deployed to remediate, contain or respond to the explosion, fire, release or hazard, including transportation, overtime costs, special equipment or testing, and must be responsible for the repair of property damages, remediation, or medical expenses for injuries resulting from such explosion, release, harmful emission, or hazard; and

      (6)   If compliance under § 152.132(C) conflicts with any other applicable provisions of this section, § 152.132(C) controls.

   (D)   In addition to the applicable use requirements pursuant to § 152.132(A), a § 152.132(B)(11) secure transporter facility must comply with the following:

      (1)   The permitted premises must not be located within 100 feet of any existing residential district, such distance limitations must be measured in a straight line from the permitted premises to the respective existing residential districts boundary line;

      (2)   In the event of any explosion, release, or hazard that results from the operations of the secured transporter, the responsible party will be responsible for reimbursement of any emergency response costs which were deployed to remediate, contain or respond to the explosion, fire, release or hazard, including transportation, overtime costs, special equipment or testing, and must be responsible for the repair of property damages, remediation, or medical expenses for injuries resulting from such explosion, release, harmful emission, or hazard; and

      (3)   If compliance under § 152.132(C) conflicts with any other applicable provisions of this section, § 152.132(C) controls.

(Ord. passed 10-23-1978, § 11.03; Am. Ord. 2001-4, passed 5-7-2001; Am. Ord. 2002-2, passed 9-9-2002; Am. Ord. 2005-21, passed 2-6-2006; Am. Ord. 2017-02, passed 11-13-2017)