The following minimum requirements shall be imposed on conditional uses in addition to those requirements of the zoning district where the subject use is located. Additional requirements may be imposed by the Planning Commission if deemed desirable. In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Code. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this code.
(a) Agricultural Uses.
(1) Agricultural uses such as pasturage, horticulture, floriculture, viticulture, raising of crops, or other similar, non animal related, agricultural uses shall be permitted as of right in all residential districts.
(2) The raising of livestock or other non-domestic animals shall be restricted to parcels of land that are greater than ten (10) acres in size.
(3) Where properties are adjacent to residential uses, livestock and non-domestic animals shall be maintained in an area that is a minimum of two hundred (200) feet from any property line adjacent to a residential district or use and a minimum of one hundred (100) feet from all other property lines.
(b) Animal/Veterinary Hospitals.
(1) All structures and activity areas, except off-street parking, shall be located no less than forty (40) feet from all lot lines.
(2) Adequate soundproofing and odor control will be provided to meet the performance standards specified in Chapter 1185, Performance Standards.
(3) All boarding of animals shall be conducted within the main structure and shall be restricted to the overnight boarding of animals for medical purposes and observation.
(4) If an outdoor area for exercise is to be provided, a fence and adequate buffering shall be provided between residential districts or uses.
(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(c) Automotive Repair Establishments.
(1) No structure shall exceed thirty-five (35) feet in height
(2) All structures and activity areas, except off-street parking, shall be located no less than forty (40) feet from all lot lines.
(3) No gas tanks shall be permitted.
(4) No underground tanks shall be permitted unless approved by the authority having jurisdiction and by the Planning Commission.
(5) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(6) All points of ingress/egress shall be located as far as practically possible from intersections of two or more major thoroughfares.
(7) Lubrication, washing and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as otherwise provided herein.
(8) Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential use or hazard to traffic on any public thoroughfare.
(9) Employee vehicles and vehicles waiting for servicing or return to customers following servicing shall be parked in areas indicated for such parking on the approved site plan.
(10) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(11) Not more than thirty-six (36) square feet of ground area may be used for the outdoor storage of discarded materials, automobile parts, scrap and other waster prior to their collection and subsequent disposal. Such storage areas shall be completely obscured from view from any point off-site by a masonry wall not less than five feet in height. Such storage area shall not be located between the principal building and any right-of-way line and shall be located no more than ten (10) feet from the principal building.
(12) Such use shall not be permitted where any oil draining pit or visible appliance for any such purpose other than filling caps is located within fifty (50) feet of a Residential District, except where such appliance or pit is enclosed within a building.
(13) Such use shall not have an ingress/egress drive for vehicles within 200 feet along the same side of a street of any school, public playground, church, hospital, public library or institution for dependents or for children except where such property is in another block or on another street which the lot in question does not abut.
(d) Automotive Sales.
(1) No structure shall exceed thirty-five (35) feet in height.
(2) All structures and activity areas, except off-street parking, shall be located no less than forty (40) feet from all lot lines.
(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(4) All points of ingress/egress shall be located as far as practically possible from intersections of two (2) or more major thoroughfares.
(5) Any repair shop or establishment that is accessory to the sale of motor vehicles shall meet the conditional requirements of Automotive Repair Establishments.
(6) Lubrication and other incidental servicing other than washing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as otherwise provided herein.
(7) Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential use or hazard to traffic on any public thoroughfare.
(8) Employee vehicles and vehicles awaiting servicing or return to customers following servicing shall be parked in areas indicated for such parking on the approved site plan.
(9) Parking areas and vehicle display areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(e) Automotive Service Stations.
(1) No structure shall exceed thirty-five (35) feet in height.
(2) All structures and activity areas, except off-street parking, gasoline pump islands and canopies, shall be located no less than forty (40) feet from all lot lines. Gasoline pump islands shall be located no less than twenty-five (25) feet from the road right of way. Canopies shall be located no closer than fifteen (15) feet from the road right-of-way.
(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(4) All points of ingress/egress shall be located as far as practically possible from intersections of two (2) or more major thoroughfares.
(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(6) Lubrication, washing and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as otherwise provided herein.
(7) Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential use or hazard to traffic on any public thoroughfare.
(8) Employee vehicles and vehicles waiting for servicing or return to customers following servicing shall be parked in areas indicated for such parking on the approved site plan. Such parking areas shall be located no less than fifty (50) feet from a road right-of-way.
(9) Not more than thirty-six (36) square feet of ground area may be used for the outdoor storage of discarded materials, automobile parts, scrap and other waster prior to their collection and subsequent disposal. Such storage areas shall be completely obscured from view from any point off-site by a masonry wall not less than five feet in height. Such storage area shall not be located between the principal building and any right-of-way line and shall be located no more than ten (10) feet from the principal building.
(10) Notwithstanding any other provision of this or other Chapters relating to the development of automotive service stations, no signs, product displays, parked vehicles or other obstructions which adversely affect visibility of intersections or at station driveways shall be permitted.
(11) Such use shall not be permitted where any oil draining pit or visible appliance for any such purpose other than filling caps is located within fifty (50) feet of a Residential District, except where such appliance or pit is enclosed within a building.
(12) Such use shall not have an ingress/egress drive for vehicles within 200 feet along the same side of a street of any school, public playground, church, hospital, public library or institution for dependents or for children except where such property is in another block or on another street which the lot in question does not abut.
(13) Every lot or parcel used as an automotive service station shall be paved with asphaltic or concrete surfacing, and shall be adequately drained.
(14) No automotive sales shall be permitted on the premises.
(16) Abandonment. The following shall regulate the abandonment of automobile service stations:
A. If any automotive service station is abandoned for a period of at least six (6) consecutive months in any eighteen (18) month period, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and shall be abated.
B. Such abandoned condition shall be abated within sixty (60) days either by placing the station in operation in accordance with this section and other applicable laws and regulations of the Municipality and State, adopting and using the building or structure for another permitted use in the district in which it is located, or by razing the station, removing the pumps and signs, abandoning the underground storage tanks in accordance with safe accepted practices as prescribed by the authority having jurisdiction and filling depressions to grade level of the lot, however, if the station is in operation at the time notice is given and remains in operation for ninety (90) consecutive days thereafter, the provision of this subsection shall not apply.
Whenever the Zoning Inspector shall find any automotive service station to be abandoned, the Zoning Inspector shall give notice in the same manner as service summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address to which tax bills are sent, or by a combination of the foregoing methods.
C. On the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Zoning Inspector shall take action as may be necessary to abate such nuisance.
D. Inoperative service stations which do not come within the definition of an abandoned station shall be maintained in accordance with the provisions of this Section and other applicable laws and regulations, and the owner shall maintain the premises, mowing grass, removing weeds and rubbish. The parking of motor vehicles on the premises shall be strictly monitored.
(f) Automotive Wash Establishments.
(1) No structure shall exceed twenty (20) feet in height.
(2) All structures and activity areas shall be located no less than 100 feet from all residential uses and zones.
(3) A minimum of two (2) stacking spaces for each washing stall shall be provided.
(4) A minimum of one (1) parking space for each washing stall shall be provided for the purpose of drying vehicles.
(5) No space shall obstruct the ingress/ egress of other vehicles.
(6) Stacking and drying spaces shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(g) Bed and Breakfast Lodging Establishments.
(1) The owner of the premises used for a bed and breakfast shall reside in the dwelling full-time.
(2) No more than three (3) bedrooms in any dwelling may be used for bed and breakfast lodging. A guest room shall contain no less than 100 square feet of living space, not including closets. A maximum of two (2) guests is permitted per room.
(3) A minimum of one (1) full bath, including shower, toilet, and sink shall be available for the exclusive use of bed and breakfast paying guests.
(4) Only one (1) meal shall be served to each guest of the bed and breakfast and that meal shall be breakfast. No cooking facilities shall be permitted in individual guest quarters.
(5) One (1) off-street parking space shall be provided for each bedroom offered for bed and breakfast lodging and one off-street space shall be retained for the dwelling unit. Such off-street spaces may be provided in an existing driveway.
(6) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(7) Each paying guest shall stay at the bed and breakfast for not more than seven (7) consecutive nights in a single year, nor more than a total of twenty-one (21) nights in any given calendar year.
(8) The resident owner shall keep a current guest register including names, addresses, and dates of occupancy of all guests.
(9) Only one (1) on premise sign shall be permitted for each bed and breakfast and shall not exceed four (4) square feet per side,
(10) Bed and Breakfast Lodging Establishments shall acquire and maintain any necessary State and County licenses and shall comply with all pertinent legislation.
(h) Cellular or Wireless Communications Systems. All Cellular or Wireless Communications Systems shall meet the requirements set forth in Chapter 1193, Cellular or Wireless Communications Systems.
(i) Child Day Care Centers.
(1) Child Day Care Centers are conditionally permitted in the R-1, R-2, R-3, R-4, R-5, B-1, B-2, B-3, B-5, O, I, and L-I zoning districts.
(2) A site plan shall be provided as a part of the application which shall clearly denote lot lines, the footprint(s) of any structure(s), the footprint(s) of any proposed new construction, parking areas, driveways, walkways, landscape details, setbacks from adjoining properties, and accessory uses, long with a rendering from each of the lot lines. Requirements are subject to Chapter 1127, Site Plan Review.
(3) A traffic and circulation plan shall be submitted. The design and location, and surface of the parking areas and vehicular approaches shall be subject to approval by the Milford Planning Commission so as to reduce congestion, promote safety, and reduce the impact of the residential character of the neighborhood, when located in or adjacent to a residential district. The plan shall provide for the separation of incoming and outgoing vehicles during high volume period and shall provide a safe drop off point for children that will not impede traffic.
(4) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(5) Screening from adjacent residential areas, or from adjacent houses in a non-residential zone, is required on the perimeter of the parcel. Screening shall meet minimum requirements set forth in Chapter 1189, Landscaping and Bufferyard Requirements.
The light from any light source, including the interior of the building, shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect surrounding or facing residential districts, uses, or adversely affect safe vision of operators of motor vehicles moving on public or private roads, highways or parking areas. Light shall not shine into residential structures.
(6) Outdoor play areas for children shall be permitted in the side and rear yards only. Outdoor play areas must be on the site of the day-care center.
A. A minimum of sixty (60) square feet per child using the area at any one time shall be provided.
B. The outdoor play area shall be enclosed by a fence or otherwise protected from traffic or other hazards and screened from view of the adjoining property owners. Any day-care facility with and outdoor play areas shall enclose said area with a fence or wall that is a minimum of five (5) feet in height. Fence or wall requirements shall also be subject to Section 1181.10, Fences, Walls and Hedges.
(7) The hours of operation for child day-care centers shall be between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. The use of outdoor play equipment and areas shall be limited to the hours between 8:00 a.m. and 6:00 p.m. Hours of operation may be extended by the Planning Commission pursuant to its authority to impose requirements and conditions in authorizing a conditional use.
(8) When located in a residential district, the exterior of the front of the facility shall not differ in appearance to the character of the surrounding neighborhood in which it exists.
(9) The administrator, owner or provider of child day-care shall be responsible for compliance with all applicable city ordinance and state and federal statutes and regulations.
(j) Convenience Stores.
(1) No structure shall exceed thirty-five (35) feet in height.
(2) All structures and activity areas, except off-street parking, shall be located no less than thirty-five (35) feet from all lot lines.
(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) major thoroughfares.
(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(k) Convenience Store with Fast Food Restaurant and/or Gasoline Sales.
(1) No structure shall exceed thirty-five (35) feet in height.
(2) All structures and activity areas, except off-street parking, shall be located no less than thirty-five (35) feet from all lot lines.
(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) major thoroughfares.
(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(l) Day Care "Type A" Homes.
(1) A site plan shall be provided as a part of the application which shall clearly denote lot lines, the footprint(s) of any structure(s), the footprint(s) of any proposed new construction, parking areas, driveways, walkways, landscape details, setbacks from adjoining properties, and accessory uses, long with a rendering from each of the lot lines. Requirements are subject to Chapter 1127, Site Plan Review.
(2) A traffic and circulation plan shall be submitted. The design and location, and surface of the parking areas and vehicular approaches shall be subject to approval by the Milford Board of Zoning Appeals so as to reduce congestion, promote safety, and reduce the impact of the residential character of the neighborhood, when located in or adjacent to a residential district. The plan shall provide for the separation of incoming and outgoing vehicles during high volume period and shall provide a safe drop off point for children that will not impede traffic.
(3) Screening from adjacent residential areas, or from adjacent houses in a non-residential zone, is required on the perimeter of the parcel. Screening shall meet minimum requirements set forth in Chapter 1189, Landscaping and Bufferyard Requirements.
The light from any light source, including the interior of the building, shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect surrounding or facing residential districts, uses, or adversely affect safe vision of operators of motor vehicles moving on public or private roads, highways or parking areas. Light shall not shine into residential structures.
(4) Landscaping projects involving more elements that perimeter screening and site illumination shall be submitted for a preliminary consultation with the Zoning Inspector prior to formal application.
(5) Outdoor play areas for children shall be permitted in the side and rear yards only. Outdoor play areas must be on the site of the day-care center.
A. A minimum of sixty (60) square feet per child using the area at any one (1) time, shall be provided.
B. The outdoor play area shall be enclosed by a fence or otherwise protected from traffic or other hazards and screened from view of the adjoining property owners. Any day-care facility with and outdoor play areas shall enclose said area with a fence or wall that is a minimum of five (5) feet in height. Fence or wall requirements shall also be subject to Section 1181.10, Fences, Walls and Hedges.
(6) The hours of operation for child day-care centers shall be between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. The use of outdoor play equipment and areas shall be limited to the hours between 8:00 a.m. and 6:00 p.m. Hours of operation may be extended by the Board of Zoning Appeals pursuant to its authority to impose requirements and conditions in authorizing a conditional use.
(7) When located in a residential district, the exterior of the front of the facility shall not differ in appearance to the character of the surrounding neighborhood in which it exists.
(8) The administrator, owner or provided of child day-care shall be responsible for compliance with all applicable city ordinance and state and federal statutes and regulations.
(m) Drive-Through Facilities.
(1) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(2) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) major thoroughfares.
(3) A minimum of five (5) stack spaces is required for the drive through facility. Additional stacking spaces may be required by the Planning Commission to prevent traffic from backing up onto a public road or streets.
(4) At least one (1) lane of travel must be provided next to the drive through lane to allow traffic to pass vehicles waiting at the drive-through facility.
(5) Stacking spaces shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(n) Educational Facilities.
(1) The minimum lot area shall be five (5) acres for elementary schools, twenty-five (25) acres for junior high schools and forty (40) acres for senior high schools. The minimum lot area for all other educational facilities shall be decided by the Planning Commission. Planning Commission may waive the minimum lot area requirement for properties with existing educational facilities and where the site plan illustrates adequate space.
(2) No structure shall exceed forty-five (45) feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than fifty (50) feet from all lot lines.
(4) There shall be no more than three (3) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(5) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) major thoroughfares.
(6) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(7) Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential use or hazard to traffic on any public thoroughfare.
(8) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(o) Government Buildings.
(1) No structure shall exceed thirty-five (35) feet in height.
(2) All structures and activity areas, except off-street parking, shall be located no less than thirty-five (35) feet from all lot lines.
(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.
(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(p) Group Homes.
(1) The minimum lot area shall be 15,000 square feet.
(2) No structure shall exceed thirty-five (35) feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than thirty (30) feet from all lot lines.
(4) There shall be no more than one (1) ingress/egress drive onto the property. No drive shall exceed thirty-five (35) feet in width.
(5) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.
(6) Each individual home shall have a person or persons maintaining permanent residence in the unit to avoid shift changes and to provide the same type of use and activities otherwise typical in residences in the area. This person or persons shall be a trained, responsible individual or individuals who shall assume full responsibility for all activities within the group home.
(7) In order to prevent the creation of a defacto social service district and to avoid a negative impact on a residential block or neighborhood, the Planning Commission shall not grant a conditional use which would permit more than one group home within the same block or within a 500 foot radius of another group home.
(8) The residential character of all structures shall be maintained. No structure approved as a group home shall have its character altered.
(9) A group home shall not be permitted to be constructed or operated until the agency, organization or institute supervising such home satisfies the Planning Commission that the home and its operation will comply with all licensing or certification requirements of the appropriate State or local agency, pursuance to law.
(10) A group home shall not maintain lower than minimum building, fire, health and safety standards as established by the State and local laws. No group home shall be occupied until a zoning compliance permit has been obtained and it is shown that all regulations are met.
(11) No exterior sign shall be permitted except as specifically allowed by the Planning Commission.
(12) A conditional use shall be granted for a specific type of group home. The type of home shall be defined as the specific nature of the condition being treated or rehabilitated. Any change in the type of home shall require a new conditional use.
(q) Hospitals.
(1) The minimum lot area shall be five (5) acres.
(2) No structure shall exceed forty-five (45) feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than 100 feet from the front lot line and no less than forty (40) feet from all other lot lines.
(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.
(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(6) Loading and unloading areas shall be a minimum of seventy-five (75) feet from any residential use.
(r) Hotels or Motels.
(1) No structure shall exceed sixty-five (65) feet in height unless approved by the Planning Commission.
(2) There shall be no more than three (3) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(3) All points of ingress/egress shall be located as far as practically possible from the intersection of two major thoroughfares.
(4) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(s) Mixed Uses.
(1) The residential portion of the structure shall be located on the second floor of the structure.
(2) All development that lies within the MRD district shall comply with the regulations set forth in Chapter 1167.
(3) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(t) Multi Family Dwelling.
(1) The following shall apply to all applications to construct or convert a property to a multi-family dwelling in the MRD:
(3) The maximum density for a conditional use of any multi-family project in the MRD shall be six (6) units per acre.
(4) Multi-Family dwellings proposed inside the MRD zoning district that are greater than six (6) units per acre, shall only be permitted with an approved Planned Development Overlay zoning district designation. All applicable standards and procedural requirements found in Chapter 1169, PD Planned Development District shall apply. In the event of any conflict between regulations found in the MRD and PD overlay zoning district, the more restrictive regulation shall control.
(u) Religious Places of Worship.
(1) No principal structure shall exceed forty-five (45) feet in height, steeples and towers exceed this height requirement.
(2) All structures and activity areas, except off-street parking, shall be located no less than thirty-five (35) feet from all lot lines.
(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.
(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(6) Such uses shall be encouraged to locate adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.
(v) Research and Development Facilities.
(1) No structure shall exceed forty-five (45) feet in height.
(2) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(3) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) major thoroughfares.
(4) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(5) All research and development shall occur within an enclosed building.
(w) Restaurants.
(1) No structure shall exceed forty-five (45) feet in height.
(2) All structures and activity areas, except off-street parking, shall be located no less than fifty (50) feet from any lot line that abuts a residential use or district. All other lot lines shall meet the setback requirements of the zoning district in which the subject property is within.
(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.
(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(x) Single Family Dwellings.
(1) Single Family Dwellings shall not be permitted on Main Street or Water Street between Mill Street and Locust Street or the side streets between Main and Water Streets.
(2) All single-family development or construction that lies within the MRD shall comply with the regulations set forth in Chapter 1167, Milford River District.
(y) Two-Family Dwellings.
(1) Two-Family Dwellings shall not be permitted on Main Street or Water Street between Mill Street and Locust Street or the side streets between Main and Water Streets.
(2) All two-family development or construction that lies within the MRD shall comply with the regulations set forth in Chapter 1167, Milford River District.
(z) Taverns.
(1) No structure shall exceed forty-five (45) feet in height.
(2) All structures and activity areas, except off-street parking, shall be located no less than fifty (50) feet from any lot line that abuts a residential use or district. All other lot lines shall meet the setback requirements of the zoning district in which the subject property is within.
(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.
(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(aa) Wholesale Businesses.
(1) No structure shall exceed forty-five (45) feet in height.
(2) All structures and activity areas, except off-street parking, shall be located no less than fifty (50) feet from any lot line that abuts a residential use or district. All other lot lines shall meet the setback requirements of the zoning district in which the subject property is within.
(3) There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five (35) feet in width.
(4) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) or more major thoroughfares.
(5) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(bb) Private Recreation.
(1) All structures and activity areas, except off street parking, shall be located no less than fifty (50) feet from any lot line that abuts a residential use or district. All other lot lines shall meet the setback requirements of the zoning district in which the subject property is within.
(2) Parking areas shall not encroach upon any bufferyard required in Chapter 1189, Landscaping and Bufferyard Requirements.
(3) If an outdoor area is to be provided, a fence and adequate buffering shall be provided between residential districts or uses.
(4) Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential use or hazard to traffic on any public thoroughfare.
(5) There shall be no more than two (2) ingress/egress drives on the property. No drive shall exceed thirty-five (35) feet in width.
(6) All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) major thoroughfares.
(7) A traffic impact study will be required if the development is expected to generate more than 100 new inbound or outbound trips during the peak hour.
(Ord. 99-1966. Passed 5-4-99.)
(cc) Accessory Dwelling Units.
(1) An accessory dwelling unit may be located within a principal single-family detached dwelling or a detached accessory building on the same lot as a principal dwelling.
(2) Parking requirements shall be imposed by Planning Commission on a case by case basis. No new access points or driveways shall be created or installed for access to the accessory dwelling unit.
(3) No more than one accessory dwelling unit is permitted on a single lot.
(4) The accessory dwelling unit shall be limited in size to a maximum of sixty-six percent (66%) of the total living area of the principal dwelling or 800 square feet whichever is greater.
(5) The establishment of an accessory dwelling unit within the building envelope of a legally existing single-family or through the alteration of a legally existing accessory structure is not subject to setback restrictions provided that the establishment of the accessory dwelling unit does not expand the existing structure's footprint.
Exception: The alteration of a legally existing accessory structure for the purpose of establishing an accessory dwelling unit is not subject to setback restrictions provided that the establishment of the accessory dwelling unit does not expand the existing structure's footprint.
(7) An accessory dwelling unit established as an addition to a legally existing single-family dwelling must comply with all setback requirements for single-family dwellings in the applicable zoning district.
(8) Detached accessory dwelling units are not permitted in front yards.
(9) Detached accessory dwelling units shall not exceed twenty-five (25) feet in height. Exception: a legally existing accessory structure being converted to an accessory dwelling unit may exceed twenty-five (25) feet provided that the establishment of the accessory dwelling unit does not expand the existing structure's height.
(10) An addition to a principal single-family dwelling that will contain an accessory dwelling unit must comply with all height requirements for single-family dwellings in the applicable zoning district.
(11) The accessory dwelling shall contain a living area, one bath, and a kitchen or kitchenette (including a refrigerator, microwave oven and/or stove, and sink), and may contain not more than one bedroom.
(12) Detached accessory dwelling units must be of permanent construction and must contain permanent utility hookups. Mobile homes and recreational vehicles are not permitted as accessory dwelling units.
(13) The accessory dwelling unit shall be in harmony and compatible with other buildings or structures located in the neighborhood.
(Ord. 23-239. Passed 9-19-23.)