(a) The following are specific special use conditions and requirements for the uses listed as special uses in the zoning code. Nothing in this section shall prohibit the Commission from prescribing supplementary conditions and safeguards in addition to these conditions and requirements.
(b) Dwelling, Multiple-family, including Condominium.
(1) Lot dimensions. Every lot for condominium development shall have a minimum lot width of 100 feet and a minimum lot depth of 125 feet. However, each such lot shall have a minimum area of one acre. The minimum lot area per dwelling unit shall be 7,500 square feet. Measurements shall be made to the street right-of-way line.
(2) Front yard. There shall be a front yard of not less than thirty-five feet, except as provided in Section 1292.01(a).
(3) Side yard. There shall be a side yard of not less than ten feet.
(4) Rear yard. There shall be a rear yard of not less than twenty-five feet.
(5) Building Separation. Buildings designed for living purposes shall be separated from each other by a minimum distance of twenty feet.
(6) Open Space. A minimum of ten percent of all land included in the condominium declaration shall be set aside for open space. Open space shall consist of natural areas including grass, trees, and the like and shall not include recreational facilities or submerged land.
(7) Water and sewer. Each condominium dwelling unit shall be serviced by a water and sewage system approved by the Village. Said systems must be designed on an acceptable basis prior to the approval of the special use.
(8) Any other condition or safeguard deemed as appropriate by the Commission may be required.
(c) Bed and Breakfast Inn.
(1) The inn must be owner-operated. It must be the principal residence of the owner and occupied by the owner.
(2) Not more than one individual not residing in the inn may be employed in the operation of the inn.
(3) No more than four rooms shall be offered for rent.
(4) Each room rented shall contain a minimum of 100 square feet. No rented room shall have an independent outside entrance. Emergency fire exits are permitted.
(5) Neither any rented room nor the owner's dwelling space shall be located in an accessory building.
(6) No cooking facilities of any type shall be permitted in the rented rooms.
(7) A minimum of one on-site parking space per room offered for rent and two spaces for the owner shall be provided.
(8) The outside appearance of the dwelling shall remain residential in appearance as a result of the operation of the bed and breakfast facility, including any additions thereto.
(9) One sign not exceeding four square feet in area is permitted identifying the dwelling as a "bed and breakfast inn."
(10) Any other condition or safeguard deemed as appropriate by the Commission may be required. (Ord. 540-89. Passed 2-14-89.)
(d) Contractor's Establishment.
(1) Outside storage of materials and equipment shall be permitted in the side and rear yards. The storage area shall be screened by a mound or a fence, which shall be a minimum of six feet in height. Any mound shall be appropriately landscaped. If a fence is constructed, the fence shall be a solid fence approved by the Commission. If a mound or fence is not provided, then all material and equipment shall be stored in an enclosed building.
(2) The front yard setback shall be a minimum of thirty-five feet.
(3) The side yard setback shall be a minimum of fifteen feet.
(4) The rear yard setback shall be a minimum of twenty-five feet.
(5) Any other condition or safeguard deemed as appropriate by the Commission may be required. (Ord. 649-95. Passed 8-10-95.)
(e) Museum.
(1) Special functions in support of the museum, including catered events and fundraising events, may be conducted on the property and/or in the building.
(2) Alcohol and food shall not be offered for sale or provided to the general public. However, alcohol and food may be offered as part of a special function.
(3) A gift shop is permitted within the museum, however, such retail area shall not exceed twenty percent of the total floor area.
(5) Any other condition or safeguard deemed as appropriate by the Commission may be required.
(f) Dwelling, One-family, Temporary Use.
(1) The one-family dwelling shall be designed or intended to be used by a single family for not more than thirty days.
(2) The dwelling shall be rented for a minimum of one week at a time.
(3) The dwelling shall not be occupied by more than one family.
(4) The owner shall provide for the orderly parking of vehicles used by the renters/lessees and shall insure that no damage occurs to any adjoining property.
(5) If problems are created or result from the use of the dwelling as a dwelling, one-family, temporary use or if the foregoing provisions shall have been violated by the owner thereof, the zoning certificate may be revoked by the Zoning Inspector after a review of the circumstances by the Commission.
(6) The special use permit shall be issued for one calendar year and shall be subject to reapproval by the Commission.
(7) Property owners wishing to have their special use permit reapproved for another calendar year shall file notice in writing with the Zoning Inspector before March 1st of each calendar year citing their intent. All those individuals with valid special use permits from the previous
calendar year shall be acted upon by the Commission in one public hearing. All others will be required to file a new application for a special use permit, pay the required fee, and have a separate hearing before the Commission.
(8) Any other condition or safeguard deemed as appropriate by the Commission may be required.
(g) Rental Room.
(1) The room shall be rented for a minimum of one week at a time.
(2) The room shall not be occupied by more than two individuals.
(3) Not more than one room may be rented at any one time.
(4) The owner shall provide for the orderly parking of any vehicle used by the renter and insure that there is no damage to any adjoining property owner.
(5) If problems are created or result from the use of the room, or if the foregoing provisions shall have been violated by the owner thereof, the zoning certificate may be revoked by the Zoning Inspector after a review of the circumstances by the Commission.
(6) Any other condition or safeguard deemed as appropriate by the Commission may be required.
(h) Low Impact Wind-powered Electric Generator/Windmill.
(1) The wind powered electric generator/windmill shall be at a distance of at least 110 percent of the height of the total structure from any lot line and public or private road right-of-way.
(2) The maximum tower height shall not exceed 150 feet.
(3) The noise level measured at the property lines shall not exceed sixty dBA.
(4) The maximum lighting used for or on the structure shall be a low intensity red light as defined by the Federal Aviation Administration.
(5) The wind powered electric generator/windmill shall have a rated capacity of not more than 100 kW.
(6) The wind powered electric generator/windmill shall service only one property.
(7) All necessary permits shall be obtained.
(8) Any other condition or safeguard deemed as appropriate by the Commission may be required.
(i) High Impact Wind-powered Electric Generator/Windmill.
(1) The wind powered electric generator/windmill shall be at a distance of at least 125 percent of the height of the total structure from any lot line and public or private road right-of-way.
(2) The maximum lighting used for or on the structure shall be a low intensity red light as defined by the Federal Aviation Administration.
(3) The wind powered electric generator/windmill shall have a rated capacity of more than 100 kW.
(4) All necessary permits shall be obtained.
(5) Any other condition or safeguard deemed as appropriate by the Commission may be required.
(j) Community Swimming Pool.
(1) The pool shall be intended solely for the enjoyment of members of the entity under whose ownership or jurisdiction the pool is operated.
(2) The pool and accessory structures thereto, including the area used by the bathers, shall not be closer than seventy-five feet to any lot line or easement; except, when abutting a Commercial District, the minimum setback shall be thirty-five feet.
(3) The swimming pool, its accessory facilities, and all of the area used by bathers shall be walled or fenced so as to prevent uncontrolled access by persons from the street or adjacent properties. The wall or fence shall be of rigid construction and shall be solid in order to fully screen the view of the pool from any public street. The wall or fence shall not be less than six feet in height and shall be maintained in good condition with a gate and lock.
(4) Exterior lighting shall be so shaded or directed that it does not cast light directly upon adjacent properties. Such pool facilities shall not be operated prior to 9:00 a.m. in the morning or after 10:00 p.m. in the evening.
(5) The parking requirements of Section 1284.01 shall be met.
(6) Any other condition or safeguard deemed as appropriate by the Commission may be required.
(k) Community Building and Recreational Field, and Community Facility Privately Owned and Operated.
(1) All buildings and structures shall meet the setback requirements for the district in which it is to be located.
(2) Adequate access and off-street parking shall be provided without interfering with traffic movement on adjoining streets.
(3) The hours of operation shall be stipulated in the special use application. Lighting and noise shall not interfere with neighboring properties and nuisances such as litter and dust shall be controlled by the applicant.
(4) If problems are created or result or if the foregoing provisions shall have been violated by the owner/lessee thereof, the special use permit may be revoked by the Zoning Inspector after review of the circumstances by the Commission.
(5) Any other condition or safeguard deemed as appropriate by the Commission may be required.
(l) Dormitory.
(1) No more than four individuals may occupy a sleeping room.
(2) The minimum floor area of each sleeping room shall be at least 200 square feet.
(3) The use of the building for a dormitory shall not create noise or other interference for adjoining property owners.
(4) One off-street parking space for every three sleeping rooms shall be provided.
(5) The applicant shall identify the location of trash receptacles, which shall be screened from the adjacent property.
(6) Any other condition or safeguard deemed as appropriate by the Commission may be required.
(m) Boat Cradle/Boat Trailer Storage/Boat Rack Storage, Rental Sites (Enclosed).
(1) The lot shall be properly maintained in an orderly fashion with no outside storage of any sort permitted.
(2) No such storage building shall be erected or enlarged to exceed thirty-five feet in height.
(3) The proposed storage building shall not be located closer than thirty-five feet from any public or private right-of-way and such facility shall maintain a minimum setback of twenty-five feet from all lot lines.
(4) Such storage uses shall not be in conflict with existing residential areas and shall not create any unreasonable nuisance, hazard, or traffic problem.
(5) Any other condition or safeguard deemed as appropriate by the Commission may be required.
(n) Motor Vehicle Storage (Enclosed, Four or Less Vehicles).
(1) The lot shall be properly maintained in an orderly fashion with no outside storage of any sort permitted.
(2) Such storage building shall not be in conflict with existing residential areas and shall not create any unreasonable nuisance, hazard, or traffic problem.
(3) Any other condition or safeguard deemed as appropriate by the Commission may be required.
(o) Go-cart Track.
(1) The track shall have a minimum setback of twenty-five feet from all lot lines.
(2) The noise level measured at the property lines shall not exceed sixty decibels.
(3) Exterior lighting shall be so shaded or directed that it does not cast light directly upon adjacent properties.
(4) Any other condition or safeguard deemed as appropriate by the Commission may be required.
(p) Temporary Use.
(1) The boundaries of the project and the number and character of the temporary uses must be designated on the application for the special use permit.
(2) No new buildings or structures shall be constructed for the temporary use, other than temporary structures required to meet health and safety requirements.
(3) Temporary uses shall only be permitted for a specified period of time not to exceed fourteen days.
(4) Adequate access and off-street parking shall be provided for the temporary use without interfering with traffic movement on adjoining streets.
(5) The hours of operation shall be stipulated in the application.
(6) Lighting and noise caused by the temporary use shall not interfere with neighboring properties.
(7) Upon conclusion of the temporary use, the lot shall be put into a clean condition devoid of any temporary use remnants.
(8) Any other condition or safeguard deemed as appropriate by the Commission may be required.
(Ord. 1010-11. Passed 4-11-11; Ord. 1184-18. Passed 6-13-18; Ord. 1215-19. Passed 7-10-19.)