1173.13 REGULATIONS PERTAINING TO CONDITIONALLY PERMITTED USES IN COMMERCIAL DISTRICTS.
   (a)   Regulations in this section pertain only to those suggested conditionally permitted uses as specifically referenced. The regulations are listed in this section for ease of reference and to avoid duplication as they may apply to more than one use.
   (b)   During review of a permit application, the Commission may incorporate the regulations listed in this section that it determines appropriate for the proposed use:
      (1)   All structures and activity areas should be located at least 100 feet from all property lines.
      (2)   Loud speakers, which cause a hazard or annoyance, shall not be permitted.
      (3)   All points of entrance or exit should be located no closer than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of major thoroughfare or local street or collector road.
      (4)   No lighting shall constitute a nuisance or in any way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
      (5)   Such development should be located on major thoroughfares or at intersections of major thoroughfare or collector roads.
      (6)   Site locations should be preferred that offer natural or manmade barriers that would lessen the effect of intrusion into a residential area.
      (7)   Such uses should be properly landscaped to be compatible with surrounding residential uses.
      (8)   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.
      (9)   Automotive service stations shall be permitted under the following conditions:
         A.   Such facilities shall be located at the extremity of the commercial districts so as not to interfere with pedestrian interchange between stores in the district and so that they will not limit expansion of the pedestrian-oriented facilities.
         B.   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; such work shall be performed entirely within a building.
         C.   No more than two driveway approaches shall be permitted directly from any thoroughfare and they shall not exceed 30 feet in width at the property line.
         D.   If the property fronts on two or more streets, the driveways shall be located as far from the street intersections as is practical.
      (10)   Establishments offering "drive-thru" or "pick up" services shall provide a separate vehicle lane separated from the parking area by a curb not less than five inches in height.
         (Ord. 25-2011. Passed 9-20-11.)
      (11)   Car wash facilities subject to the following:
         A.   No more than one access driveway from a public street shall be permitted. If a parcel to be developed with a car wash facility has frontage on two public streets, a second access drive is permitted. However, the location of both driveways must be approved by the Planning Commission. Depending upon the spaces of neighboring driveway locations, the Commission can require limited access (right in/right out only) to either driveway based on consultation with the Village's Planning Director and Engineer.
         B.   Queuing lanes shall be provided to accommodate a minimum of six vehicles per lane (non-automated) and three vehicles per automated lane. Vehicles cannot que in the public street, within the public right-of-way or over a public sidewalk.
         C.   The site shall be designed to provide off-street parking. For fully automated car washes, two spaces are required for each wash lane/stall. For car wash facilities that utilize employees involved in the washing process (e.g., hand drying, waxing, pre-rinse, etc.), one parking space per employee is required in addition to the two spaces per wash lane stall.
         D.   All washing, waxing, machine drying and related activities and operations shall be conducted entirely within an enclosed service building, except vacuuming stations and areas designated for hand drying of vehicles.
         E.   Entrances/exits from the car wash facility cannot face residentially zoned properties without extensive landscape screening and/or board-on-board fencing.
         F.   Car wash facilities shall be located a minimum of 200 feet from an adjacent residential structure or be oriented to sufficiently direct sound away from an adjacent residential district.
         G.   Car wash facilities shall be designed for, and restricted to, personal automobiles and shall exclude commercial motor vehicles.
         H.   There shall be no outdoor loudspeakers, public-address systems or menu board speakers associated with the car wash facility.
         I.   Exterior lighting shall contain the Fixed Seal of Approval provided by the International Dark-Sky Association. Lighting without this designation shall not be permitted.
         J.   Car wash facilities must comply with all applicable local, county, state and federal rules and regulations.
         K.   Car wash facilities shall be connected to the Village's public water and sanitary sewer system.
         L.   Any violation of these regulations for an approved permit shall constitute a nuisance and as such a blighting condition on the property and/or the surrounding neighborhood. Any violation of these standards may result in the conditional zoning approval being revoked after a hearing by the Planning Commission.
         M.   A site plan illustrating compliance with the standards shall be provided to the Village in connection with a conditional use permit application. The site plan shall be drawn to an acceptable scale such as one-inch equals 50 feet.
            (Ord. 64-2018. Passed 1-15-19.)
      (12)   When an accessory building or accessory use is proposed to be established on a lot with an established main use in a Commercial District that is adjacent to another lot in the same ownership, the following additional conditions shall be applied to and/or placed on any conditional use approval by the Commission:
         A.   The accessory building or accessory use shall comply with all setback, square footage, height, and impervious surface coverage regulations of the zoning district in which the accessory building or accessory use is to be located;
         B.   The accessory building or accessory use may be permitted on an adjacent lot in the same ownership that is in an Industrial District if the Commission finds that: (i) it is an accessory building or use that would be customarily used with, and clearly incidental and subordinate to, the main use of land or building on the lot in the Industrial District; and (ii) it is compatible with the main use of land and/or building on that lot;
         C.   The accessory building or accessory use shall not be located on any adjacent lot in a Residential District; and
         D.   The accessory building shall be compatible in design and materials with the main building on the lot.
            (Ord. 5-2020. Passed 3-11-20.)