(A) Purpose. Provision is made in this chapter for a more detailed consideration of each of certain specific uses or activities as it may relate to proposed conditions of location, design, size, operation, intensity of use, generation of traffic and traffic movements, concentration of population, processes and equipment employed, amount and kind of public facilities and services required, together with any other factors. Land and structural uses possessing these particularly unique characteristics are designated as conditionally permitted uses and are permitted through the issuance of a conditional zoning certificate with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare.
(`94 Code, § 1151.01)
(B) Procedure. Any application for a conditional zoning certificate for any land use or structure permitted under this chapter shall be submitted in accordance with the following procedures:
(1) Application to Planning Commission. An application for a conditional zoning certificate shall be submitted to the Planning Commission on a special form provided for that purpose. The Commission, where appropriate, may refer an application to qualified consultants for a report, if it deems the proposed use may cause undue traffic generation, population concentrations or extra size sewer and/or water utility systems. The cost of such report shall be at the expense of the applicant, and such report shall be furnished to the Commission within 30 days from the date upon which it was requested.
(2) Data Required with Application.
(a) Form supplied by the Zoning Inspector and completed by the applicant.
(b) Site plan, plot plan or development plan of the entire property being considered, drawn at a scale of one inch equals 200 feet and showing the location of all abutting streets, the location of all existing and proposed structures, the types of buildings and their intended use.
(c) Review of Planning Commission. The Planning Commission shall review the proposed development, as presented, on the submitted plans and specifications in terms of the conditions established in division (C) below of this section. In cases where the Commission requests a report from a consultant, the applicant shall submit the report along with a receipt for the cost of such report. Such review shall be completed and made public within 60 days of the regular monthly meeting of the Commission following the date the application was submitted.
(d) Public hearing. After adequate review and study of any application, the Commission shall hold a public hearing upon every application after at least one publication in a newspaper of general circulation in the village prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing.
(e) Issuance and revocation of conditional zoning certificates. Only upon conclusion of hearing procedures, relative to a particular application, may the Commission issue a conditional zoning certificate. The breach of any safeguard, condition or requirement shall constitute a violation of this chapter. Such violation shall be declared as a nuisance per se as per §§ 154.184 through 154.186 and § 154.999.
(f) Continuation of existing uses declared to be conditionally permissible. Any use existing at the time of enactment of this chapter and conditionally permissible within their respective districts under this chapter shall be issued a conditional zoning certificate by the Zoning Inspector within one year after the enactment of this chapter.
(`94 Code, § 1151.02)
(C) Basis of determination.
(1) The Planning Commission shall establish beyond reasonable doubt that the specific standards listed below and pertinent to each conditionally permitted use shall be satisfied by the completion and operation of the proposed development. The Commission may also impose such additional conditions, standards or safeguards deemed necessary for the general welfare, for the protection of individual property rights and for insuring that the intent and objectives of this chapter will be observed.
(2) Regulations pertaining to conditionally permitted uses as listed in § 154.020 et seq.
(a) All structures and activity areas shall be located at least 100 feet from all property lines.
(b) All points of ingress and egress should be located no closer than 200 feet from the intersection of two major thoroughfares and no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
(c) Points of ingress and egress shall be available only from abutting major thoroughfares or collector streets and shall not be available from any local residential street.
(d) Such structures should be located next to parks and other nonresidential uses such as schools and shopping facilities where use can be made of joint parking facilities.
(e) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community as a whole. The area of use shall be completely enclosed by a six foot high fence (measured from the average grade of the ground) and appropriately landscaped to be harmonious with surrounding properties.
(f) Such uses shall be secondary in importance to the use of the dwelling unit for dwelling purposes and shall meet the following conditions:
1. Such uses shall be conducted by the occupant with no additional employees.
2. Such occupations shall be carried on entirely within the dwelling unit and not in an accessory building; however, the garage may be used providing the occupation does not preclude the storage of the number of vehicles for which the garage was designed.
3. The home occupation shall not occupy more than 30% of the gross first floor living area of any one dwelling unit.
4. No activity, materials, goods or equipment indicative of the proposed use shall be visible from any public thoroughfare of adjacent property.
5. For purposes of advertising, there shall be no more than one sign or identification plate to exceed two square feet in area.
(g) No lighting shall constitute a nuisance and shall in no way impair the safe movement of traffic on any street or thoroughfare. No lighting shall shine directly onto adjacent properties.
(h) Such structures should be located on collector streets.
(i) Site locations should be preferred that offer natural or manmade barriers that would lessen the effects of intrusion into a residential, business or industrial area.
(j) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community as a whole.
(k) Loudspeakers which cause a hazard or annoyance shall not be permitted.
(l) Such uses should not require the uneconomical extension of utility systems at the expense of the community.
(m) There shall be no more than one sign oriented to each abutting road identifying the activity. All signs shall be located no less than 25 feet from the street right-of-way line and shall not exceed a total sign area of ten square feet.
(n) Strip or open pit mining operations shall be required to meet the following conditions:
1. A completely enclosed fence six feet in height shall be provided around the entire periphery of the development.
2. All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form so as to appear reasonably natural. Areas shall be completely and continually drained of water when not in use or not supervised by a watchman. All slopes and banks shall be reasonably graded and treated to prevent erosion or any other potential deterioration. No rehabilitated slope shall exceed an angle with the horizontal of 30 degrees.
3. Established routes for truck movements into and out of the development shall be indicated in such a way that they will minimize the wear on public streets and damage to any adjoining property.
4. Topsoil may be stripped from the roadway and construction and excavation areas, piled separately but not removed from the site or used as spoil. As many trees as can be reasonably utilized in the final development plan should be retained, and the grading should be adjusted to the grade at the existing least of the trees.
(o) A minimum of 150 square feet of outdoor play area for each child shall be provided and maintained on the lot. Such play space shall have a total minimum area of not less than 5,000 square feet and shall be screened from any adjoining lot in any residential district.
(p) Institutions for medical care shall meet the following conditions:
1. Such structures shall not exceed a height of four stories.
2. All such hospitals shall be developed only on sites consisting of five total acres in area.
3. The proposed site shall have at least one property line abutting a major thoroughfare and all ingress and egress for the site shall be directly from such major thoroughfare.
4. The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least 100 feet for front, side and rear yards for all two-story structures. For every story above two, the minimum yard distance shall be increased by not less than ten feet.
5. Ambulance and delivery areas shall be obscured from view by a continuous and obscuring wall or fence six feet in height.
(q) Gasoline service stations shall meet the following conditions:
1. Curb cuts for ingress and egress to a service station shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrance shall be no less 75 feet from a street intersection (measured from the street right-of-way) or from adjacent residential districts.
2. The minimum lot area shall be 20,000 square feet, and so arranged that ample space is available for motor vehicles which are required to wait.
3. Understorage gasoline tanks shall be located not less than 50 feet from any R or MF District and along the side lot line adjacent to the residential district only.
(r) Retail sales of garden equipment and plant material shall meet the following conditions:
1. Such uses shall be located at the exterior end of the building masses located in B-1 Business District.
2. Equipment, including the sale of outdoor lawn furniture, playground equipment and garden supplies shall provide a four-foot high obscuring fence wherever the proposed use abuts onto a residential district and on the side abutting the residential district only.
(s) Motels shall meet the following conditions:
1. Ingress and egress shall be provided so as not to conflict with the adjacent business uses or adversely effect the movement of traffic along a major thoroughfare.
2. Each sleeping unit within the structure shall contain not less than 200 square feet of floor area.
3. No guest shall establish permanent residence at a motel for more than 30 days within any calendar year.
(t) The entire activity shall be conducted within a totally enclosed main building. Further, all abutting or adjacent properties shall be zoned for B-1, B-2, I-1 or 1-2 purposes.
(u) Such uses shall be permitted if in the opinion of the Planning Commission they are intended to serve the convenience needs of persons working in the 1-1 Industrial District.
(n) Outdoor sales space for new and secondhand automobiles, house trailers, etc.:
1. The lot or area shall be provided with a permanent durable and dustless surface, and shall be graded and drained so as to dispose of all surface water accumulated within the area.
2. Ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection of any two streets.
3. No major repair or major refinishing shall be done on the lot.
(`94 Code, § 1151.03) (Ord. 26-82, passed 12-28-82) Penalty, see § 154.999