[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)
Retail stores and banks, and bakeries, delicatessens
and ice cream parlors with a maximum of eight seats for customer use.
(2)
Business, professional and government offices,
and quick printing establishments.
(3)
Personal service stores, such as but not limited
to barbershops, beauty parlors, shoe repair shops and tailor shops,
but not including tattoo parlors.
(4)
Outlets and pickup stations for laundries and
cleaning establishments dealing directly with the public. Except as
specified hereinafter, the washing of wearing apparel on the premises
is prohibited. Cleaning of wearing apparel or household effects on
the premises is permitted only if noncombustible solvent and not more
than 10 horsepower in electric motive power are used.
(5)
Printing establishments that produce their products
by use of a printing press and have no more than five employees therein
at any one time.
(7)
For detailed bulk and off-street parking and loading requirements, see Schedule VI and Schedule VII, respectively, of §
185-36 of this chapter.
B. Accessory uses. Accessory uses shall be limited to
the following:
(1)
Off-street parking and loading, 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.
(2)
Signs, as permitted and regulated in Chapter
148, Signs and Outdoor Display Structures, of the Village Code.
(3)
Retail sale of food in a ready-to-consume state
from a counter-type installation in a restaurant for off-premises
consumption, provided that such retail sale of food does not constitute
a fast-food restaurant.
(4)
Antennas, as permitted and regulated in Article
VIIB of this chapter.
C. Uses subject to special permit. The following uses are subject to issuance of a special permit in accordance with §
185-56 of this chapter:
(1)
Wireless telecommunications services facilities, as permitted and regulated in Article
VIIA of this chapter.
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, including all storage, shall be carried on in fully enclosed buildings. Such provision shall not apply to parking of registered vehicles, outdoor loading and those establishments authorized to conduct business as described in Chapter
155, Streets and Sidewalks, Article
V, Commercial Use of Sidewalks.
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.