The following uses may be permitted, subject to the conditions hereinafter imposed for each use and subject to the review and approval of the site plan and the use by the Village Board after a hearing and recommendation is received from the Zoning Board for each use:
(A) Churches and other facilities normally incidental thereto, subject to the following conditions:
(1) Buildings of greater than the maximum height allowed in § 153.177 may be allowed provided front, side and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed; and
(2) All access to the site shall be in accordance with § 153.208.
(B) Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of said buildings within the district to serve the immediate vicinity;
(C) Daycare homes, subject to the following conditions:
(1) Such facility shall have received a state license to operate prior to seeking a special use permit under this chapter;
(2) Not less than 2,500 square feet of outdoor play area shall be provided on the site;
(3) Parking shall be provided on the property to allow for direct drop-off and pick-up of children without requiring children to cross public streets; and
(4) Such daycare home shall also comply with any other conditions for operation that may be recommended by the Zoning Board and approved by the Village Board.
(D) Nursery schools (preschools) and daycare centers (not including dormitories); providing the following conditions are met:
(1) The proposed site for any of the uses permitted herein which would attract persons from or are intended to serve areas beyond the immediate neighborhood, shall have at least one property line abutting a major thoroughfare or secondary thoroughfare, and the site shall be so planned as to provide all access in accordance with § 153.208;
(2) Front, side and rear yards shall be at least 80 feet wide, and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts;
(3) Off-street parking shall be provided to accommodate not less than half of the member families and/or individual members. The Zoning Board may modify the off-street parking requirements in those instances wherein it is specifically determined that the users will originate from the immediately adjacent areas, and will therefore be pedestrian. Prior to the issuance of a building permit or zoning compliance certificate, by-laws of the organization shall be provided to establish the membership involved for computing the off-street parking requirements. In those cases, wherein the proposed use or organization does not have by-laws or formal membership, the off-street parking requirement shall be determined by the Zoning Board based on usage; and
(4) Whenever a swimming pool is constructed under this chapter, said pool area shall be provided with a protective fence six feet in height, and entry shall be provided by means of a controlled gate.
(E) Private pools shall be permitted as an accessory use provided they meet the requirements of Chapter 151 of this code of ordinances;
(F) Funeral homes subject to the following conditions:
(1) Signs, when lighted, shall be shielded from abutting residences.;
(2) Freestanding signs shall not exceed 20 square feet in area;
(3) All yard setback requirements for residences in the district in which such use is located shall be complied with;
(4) Off-street parking as required in § 153.194 shall be provided; and
(5) Service areas shall be screened from abutting residences by means of wall, fences or plantings.
(G) Boarding and renting of rooms shall be permitted, both subject to the following conditions:
(1) This use shall be considered as an accessory use; board or lodging shall not be furnished to more than five persons in addition to the family;
(2) In the case of renting rooms, such convenience shall not be furnished unless there shall be provided at least 70 square feet of floor area per guest in that part of the building directly occupied by such guest for rooming purposes; and
(3) Boarding and the renting of rooms shall not include the operating of what is normally termed a restaurant or similar use where meals are served to transient guests. Board shall not be provided to other than those rooming in the residence.
(H) Model homes, subject to the following conditions:
(1) No more than one advertising sign may be placed on the premises upon which a model home is located, and such sign may not exceed nine square feet in surface size and may not be illuminated;
(2) There shall be no exterior lighting on any premises occupied by a model home, other than yard lights and lights around exterior doors, of the type normally found on a single-family residence. The use of spotlights is prohibited;
(3) In considering the issuance of a special use for a model home, the following factors may be considered:
(a) The general character of the area in which the model home will be located;
(b) The proximity of the model home to non-single-family zones;
(c) The proximity of the model home to major thoroughfares; and/or
(d) The volume of vehicular traffic reasonably anticipated to be generated by such special use which would be more than the normal volume of vehicular traffic generated by a single-family use.
(4) A special use for a model home may:
(a) Restrict the duration of the special use, and in no event shall the duration exceed 12 months;
(b) Restrict the days of the week on which the model home may be kept open for display purposes. Such a restriction shall not preclude the owner from showing the home at any time by appointment;
(c) Restrict the hours of the day during which the model home may be kept open for display purposes. Different hours may be prescribed for different days of the week; and/or
(d) Place such additional restrictions on the special use as are appropriate under the circumstances.
(5) No special use for a model home may be allowed within one quarter of a mile of any other model home special use; however, this division (K)(4)(e) shall not apply to any special use granted for a model home which was in existence prior to the effective date of this chapter; and
(6) (a) The existence of a model home in a new subdivision shall not be subject to the provisions of this section for a period of two years after the subdivision wherein it is located has been approved and accepted by the village.
(b) A model home in a new subdivision may qualify as a special use after the expiration of the initial two-year period upon compliance with the terms and provisions hereof.
(I) Home occupations shall only be permitted in the R-1 and R-2 Districts, subject to the following conditions:
(1) Such special use shall only be secondary to the principal use of the lot and buildings;
(2) No tangible articles shall be sold or offered for sale on the premises except such as is produced on the premises or is provided incidental to the service or profession conducted on the premises;
(3) There shall be no exterior storage of materials or equipment, and no materials or equipment shall be used in connection with the home occupation except such materials or equipment as may reasonably be used within the living area of a dwelling with due regard to the public health, safety and welfare;
(4) No heat, glare, noise, vibration, noxious or toxic fumes, odors, vapors, gases or matter shall be produced at any time by any home occupation which are readily detectable without the use of instruments at any point on the boundaries of the premises;
(5) There shall be no exterior indications of the home occupation;
(6) Except for members of the family residing on the premises, there shall be no more than one employee; and
(7) Off-street parking spaces shall be provided as follows: In addition to the off-street parking spaces required by this chapter, two additional parking spaces for customers and one additional parking space for any non-family employee employed on the premises shall be required.
(Ord. 18-108, passed 5-7-2018; Ord. 22-119, passed 12-5-2022) Penalty, see § 10.99