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§ 156.106 CHANGES, EXPANSION, ALTERATIONS.
   (A)   Any proposed expansion, change or alteration in the operation of the permitted use shall be reported in detail to the Town Council in written form and it shall be the Town Council’s responsibility to determine if such change is of a significantly substantial nature to require the issuance of a new permit.
   (B)   If the Town Council determines the proposed change is not of a significant nature and may be done under the current permit, the Town Council shall so notify the applicant in writing. All correspondence regarding same is to be attached to the original special use permit and becomes a part of said permit.
   (C)   If the Town Council determines the requested change is of a significant nature and a new permit is required, an application shall be filed and processed in the same manner as any new application, with publication, notice, hearings and the like.
(Ord. 9-80, passed 12-15-1980)
§ 156.107 ABANDONMENT, CHANGE IN OWNERSHIP.
   (A)   Whenever a special use is abandoned or becomes unused for a continuous period of one year, such special use permit shall terminate and the owner shall be required to obtain a new special use permit prior to commencing operation.
   (B)   A special use permit goes with the land and a change of ownership does not void the permit. The new owner must, however, abide with all details of operation and conditions/restrictions previously imposed on said permit or file for a new permit to cover any changes.
(Ord. 9-80, passed 12-15-1980)
SPECIAL PROVISIONS
§ 156.120 FENCE REGULATIONS.
   (A)   General provisions - all districts.
      (1)   No fence or wall shall be constructed of or contain barbed wire, broken glass, spikes or sharp and dangerous objects, nor be electrically charged; except that, barbed wire may be used at the top portion of a permitted fence or wall if located more than eight feet above the adjacent ground level. Such permitted barbed wire shall be considered part of the fence height restrictions.
      (2)   All fences and walls permitted herein may be located immediately adjacent to the lot lines.
      (3)   Variances from the restrictions of this section may be authorized only by the Board of Zoning Appeals, with the exception of a fence authorized in conjunction with a special use permit.
      (4)   Visibility requirements, per § 156.121 of this chapter, shall take priority over the provisions of this section in location and height of permitted fences.
      (5)   All fences and walls shall be kept in a state of good repair.
   (B)   Fences permitted in residential and business districts.
      (1)   Within the required front yard area, no fence or wall, (other than a necessary retaining wall) shall be higher than five feet.
      (2)   A fence or wall, not more than seven feet in height may be installed in the side and/or rear yards of any lot in a residential or business district. On a through lot where such rear yard or portion thereof abuts a front yard of an adjacent property, said fence or wall shall not exceed five feet in height.
   (C)   Fences permitted in industrial districts. In an industrial district, a fence or wall, not to exceed 12 feet in height, may be installed immediately adjacent to any property line subject to § 156.121 of this chapter.
   (D)   Fences around junk yards or automobile wrecking yards.
      (1)   An opaque fence, not less than eight feet in height, nor more than 12 feet in height, shall be maintained in a state of good repair around all junk yards and/or automobile wrecking yards subject to § 156.121 of this chapter.
      (2)   It is the intention of this provision that required fences shall be more attractive than the view they are constructed to obscure.
 
(Ord. 9-80, passed 12-15-1980; Ord. 1997-3, passed 10-20-1997)
§ 156.121 VISIBILITY REQUIREMENTS.
   (A)   Street intersection visibility requirements. On a corner lot, in any district, no fence, hedge, wall, sign or other structure shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two and one-half feet and eight feet above the established grade level of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection; except that, the location of principal buildings, traffic-control devices and public utility fixtures shall not be affected by this requirement.
   (B)   Driveway and alley visibility requirements. At intersections of driveways and alleys with streets, no fence, hedge, wall, sign or other structure shall be erected, placed or allowed to grow in such a manner at to impede vision between a height of two and one-half feet and ten feet above the established driveway or alley grade level in the area bounded by the driveway or alley lines and lot lines and a line joining points along said lines ten feet from the point of intersection of such driveway or alley lines and such lot lines.
(Ord. 9-80, passed 12-15-1980)
§ 156.122 OFF-STREET PARKING AND LOADING REQUIREMENTS.
   (A)   Purpose. The regulations of this section are designed to alleviate or prevent congestion of the public streets and so promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading needs in accordance with the use of the land or structure.
   (B)   Scope of regulations.
      (1)   Accessory off-street parking and off-street loading facilities shall be provided as required by the regulations of this section for all buildings and all land uses established in each district after the effective date of this chapter.
      (2)   When the intensity of use of any building or premises shall be increased, additional parking and loading facilities as required herein shall be provided.
      (3)   When the existing use of a building or land shall hereafter be changed to a new use, parking and/or loading facilities shall be provided as required for such new use.
      (4)   Existing parking facilities on the effective date of this chapter shall not be reduced below the requirements of this chapter.
   (C)   Off-street parking.
      (1)   Accessory off-street parking facilities shall be provided for the parking of passenger automobiles of patrons, occupants or employees.
      (2)   Design and maintenance:
         (a)   Accessory parking spaces may be open or enclosed.
         (b)   All maneuvering lanes shall be of sufficient width to permit one-way traffic.
         (c)   Each parking space shall be ten feet by 20 feet and open directly upon an aisle.
         (d)   All off-street parking facilities shall have appropriate means of vehicular access to a street in a manner that will least interfere with traffic movement.
         (e)   All access drives shall be hard surfaced and designed to minimize surface water drainage into the public right-of-way.
         (f)   All parking areas shall be surfaced with a material that will remain free from dust and shall be maintained in good condition, free of weeds, dirt, trash and debris.
         (g)   Adequate drainage shall be provided to retain all surface water on the property.
         (h)   All open commercial parking areas located adjacent to a residential district shall be screened by plantings or a solid fence no less than six feet in height.
         (i)   Lighting used to illuminate any parking area shall be so located, shielded and directed so as to not reflect or cause glare onto adjacent property or interfere with street traffic.
         (j)   All parking areas shall be provided with bumper guards or wheel stops located in such a manner that no part of the parked vehicle extends beyond the boundary of the established area. The lot shall be so laid out as to prevent vehicular access to the street other than at approved access drives.
         (k)   Required off-street parking spaces shall not be located in any district.
         (l)   Visibility clearance at street and alley intersections and driveway entrances shall be in accordance with § 156.121 of this chapter.
   (D)   Minimum required parking spaces. In determining the minimum required number of off-street spaces, the following instructions shall be applicable.
      (1)   For uses not specified or for which requirements are unclear, the number of spaces shall be recommended by the Plan Commission and confirmed by the Board of Zoning Appeals on the basis of similar or mixed uses, number of persons served or employed and the capability of adequately serving the visiting public.
      (2)   Net floor area shall mean the total horizontal areas, but shall not include permanent storage areas, show windows, restrooms, elevators or stairwells.
Use
Off-Street Parking Minimum Spaces Required
Use
Off-Street Parking Minimum Spaces Required
Amusement establishments (i.e., skating rinks, bowling alleys, racquetball, tennis, swimming pools and similar uses)
1 parking space for each 500 sq. ft. gross floor or water area
Automobile service station
1 space for each 2 employees, plus 2 spaces for each service stall
Barber shops and beauty shops
2 spaces per chair, plus 1 space for each 2 employees
Business, commercial and service establishments, except as otherwise specified
1 space per 250 sq. ft. of space, plus 1 space for employees
Business, vocational and trade schools
1 space for each faculty member and full-time employee, plus 1 space for each 8 students based on maximum design capacity
Churches, theaters, auditoriums and similar places of congregation
1 space for each 8 seats based on maximum seating capacity
Drive-in business and commercial establishments (i.e., food, banks, cleaners and similar uses)
1 space for each employee, plus reservoir storage lanes to accommodate maximum number of vehicles waiting for window service at any one time, plus additional parking as per interior space designed to serve customers
Eating and drinking establishments, except drive-ins
1 space for each 4 customer seats, plus 1 space for each 2 employees
Efficiency apartments
1.25 spaces per dwelling unit
Funeral homes and mortuaries
8 spaces for each room used as a chapel or parlor
Golf courses
4 spaces for each hole, plus 1 space for each employee
High school
1 space for each faculty member and other full time employee, plus 1 space for each 25 students based on maximum design capacity
Homes for the aged
1 space per every 3 units
Hotel, motels
1 space for each sleeping room plus additional spaces for accessory uses (i.e., restaurants, lounges and the like)
Medical/dental clinics, doctors offices
2 spaces for each examining or treatment room, plus 1 space for each doctor and regular employee
Miniature golf courses, driving range
2 spaces for each hole and 1 space for each driving area, plus 1 space for each employee
Nursery school, day care centers
1 space for each 8 children cared for and 1 space for each 2 employees
Nursing homes, convalescent homes
1 space for each 4 beds, plus 1 space for each 2 employees per. largest working shift
Open-air type businesses (i.e., auto, boat, RV, farm machinery sales, nurseries and similar uses)
1 space for each employee, plus adequate number of spaces to accommodate maximum number of patrons anticipated at a given time
Parks, recreation areas
1 space for each employee, plus adequate number of spaces to serve the public according to facilities in the park and/or location of said park or recreation area
Private clubs, community centers
1 space for each 600 sq. ft. of net floor area
Residential - single-family, two-family, multi-family, mobile homes
2 spaces per dwelling unit
Schools - elementary and/or junior high
1 space for each faculty member and other full-time employee
Warehouses, commercial establishments, industrial, manufacturing, not catering to the retail trade
1 space for each 2 employees, plus adequate number of spaces for visitors and company vehicles
 
   (E)   Off-street loading.
      (1)   Location. All required loading spaces shall be located on the same lot as the use served. All loading spaces which abut a residential district shall be completely screened by building walls, a uniformly solid fence, or a combination thereof, of not less than six feet in height. No loading space shall be located in a required front yard.
      (2)   Area. A required loading space shall be at least 12 feet in width by 35 feet in length with vertical clearance of a minimum of 14 feet.
         (a)   Each space shall be designed with appropriate means of vehicle access to a street in a manner which will least interfere with traffic movement.
         (b)   All open off-street spaces shall be improved with surface water drainage facilities and a hard surface pavement.
         (c)   Space allocated for loading space shall not be used to satisfy the space requirements for off-street parking facilities.
      (3)   Space requirements. On the same premises with every structure hereafter erected or enlarged, occupied for manufacturing, warehousing, storage, retail/wholesale stores, or other uses involving the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained adequate space for standing, loading and unloading in order to avoid undue interference with public use of the street or alley. The following shall apply.
         (a)   Uses and buildings with a gross floor area of less than 10,000 square feet shall provide adequate receiving facilities so as not to obstruct the free movement of pedestrians and vehicles over a sidewalk, street or alley.
         (b)   Not withstanding floor area, open air uses such as auto dealers, farm machinery and similar uses shall provide off-street space for unloading of merchandise.
         (c)   Uses and buildings with a net floor area of 10,000 square feet or more shall provide off-street loading spaces as follows:
Use
Floor Area Sq. Ft.
Number Required
Use
Floor Area Sq. Ft.
Number Required
Manufacturing, distribution, wholesaling, storage and similar uses
10,000-25,000
1
25,000-60,000
2
60,000-100,000
3
each additional 50,000
1
Office buildings, banks, hotels, auditoriums, retail sales, hospitals and similar uses
10,000-60,000
1
60,000-100,000
2
each additional 100,000
1
 
(Ord. 9-80, passed 12-15-1980)
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