[Added 10-8-2007 by L.L. No. 7-2007]
A. Permitted principal uses. A structure or building
may be erected, altered, arranged, designed or used and a lot or premises
may be used for any of the following purposes and for no other:
(1)
One-family detached dwelling, not to exceed
one such dwelling on each lot.
(4)
Business and professional offices, provided
that the following provisions shall apply to such uses when established
in an existing building:
(a)
Notwithstanding any other provision of this chapter to the contrary, approval of an area variance from the bulk requirements set forth in Schedule IVA of §
185-36 of this chapter shall not be required, provided that such existing building is not enlarged.
(b)
If such existing building is enlarged, approval of an area variance from the bulk requirements set forth in Schedule IVA of §
185-36 of this chapter shall be required to the extent that such enlargement increases the degree of the existing building noncompliance.
(c)
Except as permitted by Subsection
A(4)(a) and
(b) hereof, compliance with all other applicable provisions of this chapter shall be required.
(5)
Offices in combination with residences, provided
that the following requirements are met:
(a)
The office use shall not be located above the
first floor of the building.
(b)
A separate exterior entrance shall be provided
to such office without going through the residential part of the building.
(c)
Notwithstanding any other provision of this chapter to the contrary, approval of an area variance from the minimum bulk requirements set forth in Schedule IVA of §
185-36 of this chapter shall not be required if such uses are located in an existing building that is not enlarged.
(d)
If such existing building is enlarged, approval of an area variance from the bulk requirements set forth in Schedule IVA of §
185-36 of this chapter shall be required to the extent that such enlargement increases the degree of the existing building noncompliance.
(e)
Except as permitted by Subsection
A(5)(c) and
(d) hereof, compliance with all other applicable provisions of this chapter shall be required.
(6)
For detailed bulk and off-street parking and loading requirements, see Schedule IVA and Schedule VII, respectively, of §
185-36 of this chapter.
B. Accessory uses. Accessory uses shall be limited to
the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within
the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross
floor area of one floor of the principal dwelling building, whichever
is less, shall be used for such purposes (including permitted storage
of materials).
(c)
No more than one nonresident associate, assistant
or employee shall be permitted.
(d)
If instruction is involved, it shall be limited
to a single student at a time.
(e)
No display of materials visible from the street
and no outdoor storage of materials shall be permitted. No storage
of materials other than that which is clearly incidental to the operation
of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter
148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection
B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(h)
Suitably screened adequate parking, meeting the requirements of Schedule VII of §
185-36 and §
185-38C,
E and
F of this chapter, shall be maintained throughout the duration of the use.
(i)
The nature and intensity of the home occupation
shall not create any hazardous, detrimental or nuisance conditions
or generate any objectionable noise, odors, fumes, lighting, glare,
radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising,
trade or the exchanging of commodities by sale to persons who come
to the premises or by shipment to or from the premises.
(k)
No equipment other than light office equipment
(including but not limited to typewriters, computers, fax machines,
photocopiers and postage meters), medical or dental equipment, or
other electrical or mechanical equipment that might typically be used
in connection with a residential use shall be permitted.
(l)
No production of materials other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection
B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby shall be permitted.
(m)
No trash generation that is in excess of that
which is typical of any normal household use shall be permitted, unless
disposed of by a private carter.
(n)
Any hazardous or biological wastes generated
must be stored indoors, clearly labeled and properly disposed of by
a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other
than that typical of a residential use shall be permitted, unless
such waste is properly treated prior to discharge in accordance with
all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable
federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse,
greenhouse, or private garage or carport for off-street parking of
passenger automobiles of residents on the premises, provided that
no accessory structure or use thereof, except HVAC condensing units,
shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(a)
Nearer to the front lot line than 60 feet.
(b)
Nearer to any rear or side lot line than five feet.
(c)
Higher than one story (maximum 15 feet).
(d)
Used for human habitation.
(3)
Off-street parking, provided that the parking
of commercial vehicles shall be limited to those vehicles located
on the same lot as the permitted principal use to which they are accessory
and further provided that the dispatching of commercial vehicle fleets
from the subject site on which they are parked shall not be permitted.
(4)
Signs, as permitted and regulated in Chapter
148, Signs and Outdoor Display Structures, of the Village Code.
(5)
Fences or garden walls (retaining and garden types) for permitted
residential uses shall be limited to four feet in height in any front
yard and six feet six inches in height in any rear or side yard. For
all other permitted uses, such fences or walls may be erected to greater
heights if approved or so required by the Planning Commission. The
height of a fence or wall shall be measured above the lowest adjacent
finished grade. Fences shall be erected with finished side facing
the street and/or abutting properties.
[Amended 9-25-2017 by L.L. No. 4-2017]
(6)
Antennas, as permitted and regulated in Article
VIIB of this chapter.
C. Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with §
185-56 of this chapter:
(1)
Retail sales incidental to a warehouse or light
manufacturing use located on the same lot and permitted in an adjacent
zoning district, provided that the products sold on the premises are
stored on or are produced on the same premises and further provided
that the retail area is fully contained within an enclosed building
and occupies no more than 15% of the gross floor area of the business.
(2) Restaurants, catering halls and outdoor dining accessory thereto.
[Added 4-25-2011 by L.L. No. 4-2011]
D. Additional requirements. In addition to all other
requirements of this chapter, the following shall apply to all uses:
(1)
Landscaping, fencing and supplementary design
guidelines.
(a)
The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. All front yards shall be appropriately landscaped with trees, shrubs and lawn. Along property lines adjacent to Marble Avenue, there shall be planted street trees of such type, spacing and location as shall be approved by the Planning Commission of an initial caliper size of not less than 4 1/2 inches diameter at breast height (DBH). Along property lines that adjoin adjacent lots, there shall be planted evergreen trees of such type and spacing as shall be approved by the Planning Commission of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of the adjoining properties. At the discretion of the Planning Commission, an alternative type of buffer screening may be approved, provided that, in the judgment of the Planning Commission, it accomplishes the same purposes. Existing walls, trees or landscaping within 20 feet of any street or property line shall not be removed except with the approval of the Planning Commission, or as otherwise required in accordance with the provisions of §
185-43 of this chapter.
(b)
All parking areas visible from Marble Avenue
or any other street line shall be screened with evergreen plants,
berms and/or opaque fencing to a minimum height of three feet at the
time of installation, as measured from the elevation of the parking
area closest to the property line or the highest elevation of the
parking area on the subject lot, whichever is higher. Notwithstanding
any other provision of this chapter to the contrary, compliance with
this subsection shall be required for any existing previously approved
nonresidential use within three years after the effective date of
this provision.
(c)
All areas used for outdoor storage in connection
with the operation of a nonresidential use shall be screened with
evergreen plants, berms and/or opaque fencing to a minimum height
of three feet at the time of installation, as measured from the higher
of the elevation of the outdoor storage area closest to the property
line or the highest elevation of the outdoor storage area located
on the subject lot, so that such storage areas are not visible from
Marble Avenue or any other street line. Notwithstanding any other
provision of this chapter to the contrary, compliance with this subsection
shall be required for any existing previously approved nonresidential
use within three years after the effective date of this provision.
(d)
A landscaping plan prepared by a qualified person
shall be submitted as part of the site plan for review by the Planning
Commission.
(e)
All landscaping shall be properly maintained
throughout the life of any use on any lot.
(f)
No chain link fencing shall be permitted in
any front yard or along any street line. No barbed wire or razor wire
fencing shall be permitted in any location.
(g)
The construction of buildings without fenestration
along facades facing street lines shall not be permitted. Not less
than 25% of the area of a building facade facing a street line shall
be composed of transparent glass doors and/or windows.
(h)
Buildings with flat roofs shall be prohibited.
For purposes of this subsection, a flat roof shall be defined as any
roof with a pitch of 4-in-12 or less.
(2)
Ingress and egress. Not more than one point
each of vehicular ingress and egress shall be provided for each 200
feet of frontage on each lot. Driveways providing access to no more
than six off-street parking spaces shall not exceed 12 feet in width.
The maximum width of driveways providing access to more than six off-street
parking spaces shall be the minimum necessary to accommodate necessary
circulation movements as determined by the Planning Commission based
upon consideration of the land use(s) being served, the number of
off-street parking spaces and the anticipated traffic operations associated
with the site. The design and location of the intersection of each
driveway with any public street, including the planting and grading
of the immediately adjoining land, location of decorative posts or
fences and similar elements, shall be subject to approval by the Planning
Commission and, if required by law, also by the County or State Department
of Public Works.
(3)
Off-street parking requirements.
(a)
Parking shall not be permitted in the required
front yard or in any portion of the area between the street line and
a line drawn along the front facade of the principal building (excluding
open porches) located nearest the street line. Only access driveways
to such parking areas shall be permitted in a front yard. Except as
provided hereinafter, parking shall not be permitted nearer than 10
feet to any property line. On lots containing principal buildings
that were in existence on the effective date of this provision, the
Planning Commission may permit parking areas to be located five feet
from a side or rear property line, provided that the five-foot setback
is landscaped to serve as a buffer to the satisfaction of the Planning
Commission.
(b)
Surface parking areas shall be permanently improved,
suitably screened and landscaped as approved by the Planning Commission.
E. Permitted uses to be carried on in fully enclosed
buildings. Except as otherwise provided, all permitted uses, whether
principal, incidental or accessory and including all storage, shall
be carried on in fully enclosed buildings. Such provision shall not
apply to parking of registered vehicles or outdoor loading.
F. Noxious or offensive uses prohibited. Whether or not
listed above as a permitted use, any use that is noxious or offensive
by reason of emission of odor, dust, vibration, noise, smoke, gas,
fumes, glare or radiation or which presents any hazard to public health
or safety is prohibited.