(A) All structures and activity shall be located at least 100 feet from all property lines.
(B) Loud speakers which cause a hazard or annoyance shall not be permitted.
(C) All points of vehicular entrance or exit shall be located no close than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
(D) There shall be no more than one advertisement oriented to each abutting road identifying the activity.
(E) No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
(F) Elementary school structures shall be located on a collector thoroughfare.
(G) Such developments shall be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
(H) Such developments shall be located adjacent to non-residential uses such as churches, parks, industrial, or commercial districts.
(I) Such uses shall not require uneconomical extension of utility services at the expense of the community.
(J) Site locations shall be preferred that offer natural or man-made barriers that would lessen the effect of intrusion into a residential area.
(K) Such uses shall be properly landscaped to be harmonious with surrounding residential uses.
(L) Such structures should be located adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.
(M) All permitted installations shall be maintained in a neat and orderly condition so as to prevent injury to any single property, and individual, or to the community in general; a bond may be required to insure that this provision will be met.
(N) Lodging and boarding house uses shall be so designed, maintained, and operated as to comply with inspection and rules of the Municipal Board of Health and the regulations of all other applicable municipal codes, and to minimize possible disruptive effects on the character of adjacent and nearby properties. Parking shall be provided in accordance with § 152.046. The design and construction of parking areas, service areas, and access drives shall be approved by the Commission. The property must have approved sewer and water facilities and meet applicable fire and safety standards. Such uses shall be permitted under the following conditions:
(1) Provided that such facilities be located at the extremity of the business districts so as not to interfere with the pedestrian interchange between stores in the district and provided further that it would not limit expansion of the pedestrian-oriented facilities.
(2) No more than two driveway approaches shall be permitted directly from any thoroughfare and shall not exceed 30 feet in width at the property line.
(3) If the property fronts on two or more streets, the driveways shall be located as far from the street intersections as is practical.
(4) At least six-inch high pedestrian safety curb shall be installed along all street right-of-way lines except at driveway approaches and landscaped areas.
(O) Any temporary structures shall be indicated as such on site plans submitted to the Commission for approval. Such structures shall not be continued as permanent structures. The period of continuance shall be set by the Commission.
(P) The area proposed for a cemetery shall be used for cemetery purposes only, and shall meet the following requirements:
(1) Only memorial park cemeteries having grave markers flush with the surface of the ground shall be permitted. The term "marker" to refer to the name of the deceased.
(2) Except for office uses incidental to cemetery operations, no business or commercial uses of any kind shall be permitted on the cemetery site.
(3) Minimum area required for a cemetery site shall be 40 acres.
(4) A building of brick and/or stone, solid and/or veneered, shall be provided if storage of maintenance equipment and/or materials is to be necessary.
(5) Pavement width of driveways shall be at least 20 feet (ten feet per moving land).
(6) Drive shall be of usable shape, improved bituminous, concrete, or equivalent surfacing and so graded and drained as to dispose of all surface water accumulation within the area.
(7) Pavement is to be installed as development progresses and as indicated on the final plans approved by the Commission.
(8) Sufficient parking spaces shall be provided as to not deter traffic flow within the cemetery.
(9) Area drainage and/or sanitary facilities are subject to approval by the Board of Health and the Village Engineer prior to the issuance of a conditional zoning certificate.
(10) Only signs designating entrances, exits, traffic direction and titles shall be permitted, and must be approved by the Commission.
(11) Adequate screening with shrubs, trees or compact hedges shall be provided parallel to property lines adjacent to or abutting residential dwellings; such shrubs, trees and hedges shall be maintained in good condition.
(12) Provisions shall be made for landscaping throughout the cemetery.
(13) Location of cemetery buildings and all other structures shall conform to front side and rear yard building lines of the particular district in which it is located.
(14) No gravesites shall be located within 100 feet of the right-of-way lines of any publicly dedicated thoroughfare.
(15) A gravesite shall not be within 200 feet of an existing residence.
(16) Guarantees shall be made that the cemetery will be developed as proposed on the plans approved by the Commission, the Municipal Engineer, and the Municipal Board of Health. Guarantees shall be as follows:
(a) A performance bond in the amount of $25,000 for cemeteries of 40 acres. An additional $5,000 shall be required for each ten acres over 40 acres or for each ten added at a later date. The amount of the bond will be reduced annually, any by an amount that will leave the balance of the bond proportional to the portion of the cemetery not developed to the specifications of the plans approved by the Commission, the Municipal Engineer, and the Municipal Board of Health.
(b) Other methods as might be worked out by the Commission, the developers, and their legal advisors.
(17) A trust fund of an amount set by the Commission shall be established by the cemetery developers for the perpetual maintenance of the cemetery grounds. The trust fund shall be established before any burial spaces are sold or used and shall be held and invested by a financial institution mutually agreed upon by the developers and the Commission. A percentage of the money from the sale of each burial space shall be put into the maintenance trust fund. The percentage shall be an amount set by the Commission. Interest yielded by the fund shall be applied towards the maintenance of the cemetery grounds.
(Q) An integrated planned commercial development which is a grouping of three or more commercial establishments which have common vehicular parking facilities, controlled access to abutting streets, and are developed under a unified site plan, shall be permitted provided the following conditions are met:
(1) Only those types of business uses permitted for conventional development in the district shall be permitted in integrated planned business developments.
(2) The minimum setback building lines shall be 100 feet measured form the street right-of-way line.
(3) Side yards and rear yards shall be required only on the perimeter of the planned development and shall be 50 feet except that where the business development is adjacent to a residential zone the side and/or rear yard shall be 75 feet on the sides abutting the residential zone only.
(4) All points of entrance and/or exit shall be located no closer than 200 feet to the intersection of two thoroughfares.
(5) The minimum site size to be considered for an integrated planned commercial development shall be three acres.
(R) Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted; and shall include such uses as refreshment stands, souvenir stands, and concession stands.
(S) A conditional zoning certificate for a use permitted under these regulations shall be issued for a three-year period only. After a three-year period has elapsed, a new conditional zoning certificate shall be required and may be issued provided that the Commission and the Zoning Inspector determine that the use has been and is being operated according to the specifications of this chapter and the previous conditional zoning certificate. If necessary, the Commission may make additional specifications for the continued operation of the use as a prerequisite for reissuance of the conditional zoning certificate should Council be aware of changes requiring such additional specifications.
(T) Vehicular approaches to the property shall be so designed and sufficient off-street transient parking or waiting area provided as not to create an interference with traffic on the street. Activities shall be conducted within an enclosed building.
(U) All facilities and structures shall meet all municipal, county and state health, building, electrical and other applicable codes.
(V) All activities, programs, and other events shall be adequately and properly supervised as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
(W) All activities, except those required to be performed at fuel pumps, shall be carried on inside a building; if work is performed on a vehicle, the vehicle shall be entirely within a building.
(X) Two-family dwellings shall meet the following requirements:
(1) Height shall be no greater than that permitted for one-family dwellings,
(2) Front yards shall meet the minimum front requirements for one-family dwellings,
(3) Side yards shall be 1½ times the side yard requirements for one-family dwellings,
(4) Rear yards shall meet minimum rear yard requirements for one-family dwellings,
(5) Minimum lot area shall be 15,000 square feet,
(6) Minimum lot width shall be 120 feet,
(7) Minimum living area shall be 900 square feet for each dwelling unit within a two-family dwelling,
(8) Architectural design shall be compatible with that of surrounding one-family dwellings,
(9) Centralized water and sanitary sewers must be available prior to occupancy of a two-family dwelling,
(10) Full basements must be provided for all two-family dwellings,
(11) Parking for two cars must be provided for each dwelling unit within a two-family dwelling. Each space must be ten feet in width by 20 feet in length. In addition, adequate backing and turning space must be provided, and all parking spaces must be served by a single drive.
(Y) An off-street driveway must be provided which will accommodate a minimum of 20 vehicles awaiting service by an auto laundry.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999