A.
The uses specified in this Article are hereby declared to possess unique characteristics requiring that each proposal for any such use shall be considered by the Planning Board as an individual case. Upon application complying with the requirements of Article III, special use permits may be approved by the Planning Board and issued by the Code Enforcement Officer in accordance with the administrative procedures set forth in Article III and only after it has found that each and all of the following standards have been met:
(1)
The proposed special use is consistent with the general intent of
the village's Master Plan and with each of the specific purposes
set forth in this chapter.
(2)
The location, size and use of the structures involved, nature and
intensity of the operations involved and size and layout of the site
in relation to the proposed special use are such that it will be compatible
with the orderly development of the use district.
(3)
The operation of the proposed special use is no more objectionable
to the uses of nearby properties, by reason of dust or smoke emission,
noise, odors, fumes, pollution of air or water, including subsurface
waters, unsightliness or similar conditions, than would be the operation
of any permitted use.
(4)
The proposed special use satisfies each and all standards and conditions
specified for such special use by the relevant provisions of this
Article.
B.
The Planning Board may impose additional conditions or restrictions
as it may deem necessary prior to approving any special use permit
application in order to protect public health and safety, the quality
of the village's natural resource base and the value of property.
The Code Enforcement Officer shall make an on-site visit to each property
authorized as a special use not less than one time each year. The
purpose of said site visit is to ensure that the use is being operated
in accord with the conditions specified by the Planning Board. If
the Code Enforcement Officer shall determine that a violation of this
chapter or the conditions imposed by the Planning Board exists, the
certificate of occupancy and/or certificate of compliance shall be
null and void. A new special use permit application shall be required
to be submitted and approved prior to the reestablishment of said
use.
C.
No site preparation or construction shall commence nor shall existing
structures be occupied for any special permit use until final site
development plan approval has been granted by the Planning Board and
permits have been issued by all governmental agencies involved.
A.
Essential services, as defined in § 163-10 herein, may be allowed as a special permit use in any zone district upon the approval of a special use permit by the Planning Board.
B.
The Planning Board shall determine the following prior to approving
a special use permit:
(1)
The proposed installation in a specific location is necessary and
convenient for the efficiency of the essential service or the satisfactory
and convenient provision of service to the area in which the particular
use is to be located.
(2)
The design of any building in connection with such facility shall
conform to the neighborhood character of the area and will not adversely
affect the safe and comfortable enjoyment of property rights in the
district in which it is to be located.
(3)
Adequate and attractive fences and other safety devices will be provided.
(4)
A buffer strip not less than 15 feet in depth shall be provided around
the perimeter of the property proposed for such use.
(5)
Adequate off-street parking shall be provided.
(6)
All other applicable requirements of this chapter shall be met.
The Planning Board may approve a special use permit for motor
vehicle service stations, filling stations and auto repair shops in
the C-B Central Business, G-B General Business and L-I Light Industrial
Districts, provided that the following standards and conditions are
maintained:
A.
In addition to the information required in the special permit application and enumerated in § 163-19 herein, the site development plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground and the number and location of fuel pumps to be installed.
B.
Site development plans for such uses, including the location of tanks
and fire-suppression equipment, shall comply with the requirements
of the Uniform Code.
C.
Such uses shall be screened from adjacent uses by a buffer area,
including screening and fencing to be determined by the Planning Board,
so as to prevent the transmission of headlight glare across the property
line. The Planning Board shall determine, on an individual case basis,
how close to the right-of-way the landscaped buffer shall be required
to be installed. Such buffer screen shall have a minimum height of
six feet above the ground. If said shrubbery becomes decayed and fails
to provide an adequate screen, the Code Enforcement Officer shall
direct the property owner to replace said shrubs.
D.
The entire area of the site traveled by motor vehicles shall be hard
surfaced and of asphalt or concrete construction.
E.
All repairs of motor vehicles, except for minor servicing, shall
be performed in a fully enclosed building. No more than two partially
dismantled motor vehicles shall be stored outside of an enclosed building
at any one time.
F.
Motor vehicle service stations may include facilities for the sale
of food, household items and convenience merchandise, provided that
the sale of such items takes place entirely within an enclosed building.
G.
Accessory goods for sale may be displayed on the pump island and
the building island only. The outdoor display of oil cans and/or antifreeze
and similar products may be displayed on the respective island if
provided for in a suitable stand or rack.
H.
No building or structure, including gasoline pumps or automotive
service appliances, shall be erected within 30 feet of any street
line.
I.
No motor vehicle service station or auto repair shop may display
more than two unregistered vehicles for sale outside of an enclosed
building at any one time.
J.
No motor vehicle service station or auto repair shop shall have more
than two driveways on any public street fronting the site. The driveway
width on any street shall not exceed 1/3 of the total site frontage
on each street.
K.
No driveway shall be closer than 50 feet to the intersection of two
street corner lot lines or within 20 feet of an adjacent lot line.
L.
No motor vehicle service station or auto repair shop and no driveway
to any such use shall be established within 200 feet of the boundary
line of any residential district or of any school, church, park, playground,
hospital, public library, institution for dependent children or any
place of public assembly designed for the simultaneous use of 100
persons or more, regardless of the district where the subject premises
are located. For the purposes of this section, the distance shall
be measured along the street line on the side of the street where
such use is proposed or such driveway would cross.
[Amended 6-26-2003 by L.L. No. 2-2003]
The Planning Board may approve a special use permit for public
and semipublic uses of an institutional, health, educational, recreational,
religious or cultural nature in all districts except the L-I Light
Industrial District, provided that the following standards and provisions
are maintained:
A.
A statement setting forth the details of the operation of the use
shall be provided.
B.
The applicant shall provide the Planning Board with evidence of approval,
certificate of need, license or other similar document required to
initiate or expand such a use from any and all appropriate regulatory
agencies.
D.
The proposed use shall meet the minimum off-street parking and loading
and unloading requirements of this chapter as well as provisions for
landscaping, buffering, signs and accessways.
E.
The Planning Board, in considering the request for a special use
permit, may impose any conditions it deems necessary to protect the
health, safety and public welfare of the village.
The Planning Board may approve a special use permit for multiple-family
developments in the R-2 Residential and C-B Central Business Districts,
provided that the following standards and provisions are maintained:
A.
No site preparation or construction shall commence nor shall existing
structures be occupied until final site development plan approval
has been granted by the Planning Board and permits have been issued
by all governmental agencies involved.
B.
The minimum land area required for such use shall be two acres.
C.
The maximum gross density shall not exceed 12 dwelling units per
acre.
D.
No apartment building shall contain more than 12 dwelling units.
E.
Minimum habitable floor area requirements shall be as follows:
G.
Area and yard requirements. Minimum area and yard requirements for
each multiple-family structure within a multiple-family development
shall be as follows:
(2)
Minimum distance between buildings shall be 60 feet.
(3)
Direct line of sight visibility from one building to another shall
not be less than 100 feet.
(4)
Every building shall have a minimum setback of 25 feet from all interior
roads, driveways and parking areas.
(5)
A strip of land at least six feet in depth surrounding each building
shall be kept completely open except for foundation plantings of less
than six feet in height.
(6)
Courtyards bounded on three sides by the wings of a single building
or by the walls of separate buildings shall have a minimum court width
of two feet for each one foot in height of the tallest adjacent building.
H.
No exterior wall shall exceed 100 feet in length unless there is
a lateral offset of at least eight feet in its alignment. Each offset
shall occur no less frequently than along each 100 feet of length
of such exterior wall.
I.
All stairways to the second floor or higher shall be located inside
the building.
J.
Access to public street.
(1)
All multiple-family dwelling developments shall have direct access
to a public street or a private street which is improved to meet village
standards.
(2)
Where there are 12 or more dwelling units in a development, access
from the common parking area(s) to the public street must be provided
by either a private street or a street dedicated to the village by
the developer. The minimum width of any private street in a multiple-family
development shall be 12 feet when no on-street parking is allowed
and 18 feet when parking is allowed on one side of the street.
(3)
If there are more than 50 dwelling units in a multiple-family development
or if, in the opinion of the Planning Board, the location or topography
of the site indicate the need for additional access, the Planning
Board may require such additional access as a condition of site development
plan approval.
K.
Requirements for off-street parking as provided in Article XI of this chapter shall be met, except that the location of off-street parking lots may be modified to conform with the approved site development plan, provided that off-street parking shall not be located within any required setback areas. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all living units each parking area is intended to serve.
L.
The aggregate lot coverage of multiple-family dwelling developments
shall not exceed 30% of the total lot area.
M.
Services.
(1)
Each dwelling unit shall contain complete kitchen facilities, toilet,
bathing and sleeping facilities.
(2)
There shall be a common storage area in each building for bicycles,
baby carriages and similar types of equipment. Storage areas shall
include not less than 40 square feet in area per dwelling unit and
shall be a minimum of five feet in height and not less than four feet
in width per dwelling unit.
(3)
Sufficient laundry, drying, garbage pickup and other utility areas
shall be provided and shall be located with a view both to convenience
and to minimizing the detrimental effect on the aesthetic character
of the building(s) and shall be enclosed and shielded from view by
fencing, walls or shrubbery of at least six feet in height around
the perimeter. Fencing and walls shall be not more than 50% open on
the vertical surface.
N.
Recreation and open space; maintenance.
(1)
Multiple-family dwelling complexes shall be designed to create usable
private open space. A minimum of 10% of the total tract area, exclusive
of the required setback areas, buffer strip and parking areas, shall
be designated for common recreational purposes.
(2)
No recreational area shall be less than 10,000 square feet in area
nor less than 100 feet in width. Areas designated for recreation purposes
shall be approved by the Planning Board.
(3)
Multiple-family dwelling complexes shall be attractively landscaped
and properly maintained. Open space adjacent to, around or between
driveways, parking areas, structures or other required improvements
shall be graded and seeded to provide a thick stand of grass or other
plant material.
(4)
Multiple-family developments shall be constructed in accord with
the site development plan approval by the Planning Board and shall
be designed to include adequate provisions for stormwater runoff.
O.
Utilities.
(1)
All public utility, electric, gas, cable television and telephone
lines shall be installed underground.
(2)
Multiple-family developments shall be served exclusively by public
water and sanitary sewer services. Connections to existing supply
and disposal systems shall be approved by the appropriate authorities
having jurisdiction thereof.
The Planning Board may approve a special use permit for townhouse
developments in any residential district, provided that the following
standards and provisions are maintained:
A.
General requirements. No site preparation or construction shall commence
nor shall existing structures be occupied until final site development
plan approval has been granted by the Planning Board and permits have
been issued by all governmental agencies involved. The following general
requirements and standards shall govern the review and approval of
site development plans for townhouse developments:
(1)
Each townhouse dwelling unit shall be located, constructed and served
by public facilities and services and utilities in such fashion that
each dwelling unit may be sold individually.
(2)
Each individual dwelling unit in a townhouse shall be separated from
other such dwelling units by a fire wall. Such fire wall shall be
of masonry construction, shall extend from the foundation to the roof
and shall be unpierced.
(3)
Natural features, including streams, drainageways and existing trees,
shall be preserved and incorporated in the landscaping of the development.
(4)
All utility lines which provide electric, gas, telephone, television
or other similar services shall be installed underground. Surface-mounted
equipment shall be located in a manner so as to minimize potential
conflict with other uses and activities.
(5)
Plans submitted for townhouse developments shall identify areas proposed
for dedication to the village, areas to be held in common ownership
and property to be owned by individuals.
(6)
Common property shall, except when accepted by the Village Board
for dedication, be privately owned. Where property is to remain in
common ownership, the developer shall provide for and establish an
organization for the ownership and maintenance of such common property.
Rules and regulations proposed to govern the operation and maintenance
of all common property shall be submitted for review and approval
by the Planning Board. Common property shall not be changed from its
status or use as common property without specific authorization of
the Village Board.
(7)
In reviewing proposals for the establishment of organizations to
govern the ownership and maintenance of any common property, the Planning
Board shall consider and determine the adequacy of:
(a)
The timetable for the creation of the organization.
(b)
The requirements for membership in the organization by residents.
(c)
The safeguards to ensure the continuance of the common property
as common property.
(d)
The liability of the organization for insurance, taxes and maintenance
of all facilities.
(e)
The provision for pro rata sharing of costs and assessments.
(f)
The financial capacity of the organization to maintain and administer
common facilities.
(g)
The proposed relationship between the developer and the organization
and the plan to turn over the responsibility for the maintenance and
administration of common facilities to the organization.
B.
Minimum standards for townhouse developments.
(1)
Area. The minimum land area for townhouse developments shall be two
acres.
(2)
Densities. The maximum density of residential development per gross
acre of land (including roadways, pedestrian walkways, common recreation
and off-street parking areas, open areas and all nonresidential areas)
for townhouse developments shall not exceed six units per acre in
the R-1 Residential District and eight units per acre in the R-2 Residential
District.
(3)
Open space. Not less than 25% of the land area within a townhouse
development, excluding parking areas and vehicle access facilities,
shall be developed and maintained as open space for the use and enjoyment
of residents of said development and their guests.
(4)
Lot coverage. The coverage of all buildings and structures within
a townhouse development shall not exceed 25% of the area of the tract.
(5)
Building height. No townhouse building shall exceed 32 feet in height.
(6)
Distance between buildings. The minimum distance between two townhouse
dwelling buildings shall be 60 feet. The minimum distance between
a townhouse dwelling building and any other structure, including a
swimming pool, shall not be less than 25 feet.
(7)
Setbacks. No minimum front, side or rear setbacks shall be required
within a townhouse development except when dwelling units are positioned
relative to a public street. Where a structure faces or abuts a public
street, no part of the structure shall be located closer than 60 feet
to the public right-of-way. No structure shall be set back less than
20 feet from any common parking area.
(8)
Setbacks from other districts. No structure within a townhouse development
shall be located closer than 40 feet to any residential district boundary
line. This setback shall be increased to 60 feet where the zone district
boundary line abuts a business or industrial district.
C.
Building standards.
(1)
No more than eight townhouse dwelling units shall be included in
a single dwelling building.
(2)
No building shall exceed a maximum length of two 240 feet on any
exterior facade.
(3)
Townhouse dwelling buildings shall be related to one another in design,
building mass, materials and placement to provide a visually and physically
integrated development.
(4)
The treatment of the sides and rear facades of all buildings in a
development shall be comparable in amenity and appearance to the treatment
of any building facade which faces a public street and complimentary
in architectural design to adjacent residential structures.
(5)
Building walls shall be oriented so as to ensure adequate exposure
of light and air to each dwelling unit and to the rooms within.
(6)
Buildings shall be arranged so as to preserve visual and audible
privacy between each townhouse dwelling unit and adjacent townhouse
buildings.
(7)
Building entranceways of adjacent dwelling units in the same structure
shall be designed to ensure the privacy of occupants. This may be
accomplished by varying the setbacks of entranceways or by providing
screening or landscaped plantings, as appropriate.
(8)
Building entranceways shall be provided with appropriate illumination
for the convenience and safety of residents. Such lighting shall be
shielded to avoid glare disturbing other properties.
(9)
All townhouse dwelling units shall include ground floor living space.
The location of an enclosed garage shall not qualify as meeting this
requirement.
D.
Townhouse parking standards.
(1)
No less than two off-street parking spaces shall be provided for
each townhouse dwelling unit.
(2)
The developer may meet the requirements for off-street parking by
providing parking spaces in an enclosed garage, plus any combination
of spaces on private driveways and/or in a common parking lot.
(3)
No common off-street parking lot or outdoor storage area shall be
located closer than 25 feet to any adjacent property.
(4)
All off-street parking areas shall be privately owned and maintained.
(5)
Common off-street parking facilities shall be landscaped and screened
from public view to the extent necessary to eliminate the unsightliness
of parked cars.
(6)
Common off-street parking areas shall be designed with careful regard
to orderly arrangement, topography, landscaping and ease of access
and shall be developed as an integral part of the overall site development
plan.
(7)
Common off-street parking areas shall be provided with suitable lighting
for the convenience and security of residents, but positioned and
shielded to minimize glare and potential inconvenience to residents
of the townhouse development and adjacent properties.
F.
Landscape site design standards.
(1)
Landscaping shall be provided along and adjacent to all streets,
common driveway areas and common off-street parking areas. Landscaping
treatments shall be designed, coordinated and installed in accordance
with the site development plan approved by the Planning Board.
(2)
Landscape treatment shall consist of shrubs, ground cover and street
trees and shall be designed and installed to provide an attractive
development pattern. Landscape materials selected should be appropriate
to the growing conditions of the local environment.
(3)
Whenever possible, existing trees shall be conserved and integrated
into the landscape design plan.
(4)
All landscaping except for trees, shrubs and grasses, either existing
or to be installed within the public right-of-way, shall be privately
owned and maintained.
G.
Site circulation system design standards.
(1)
An adequate, safe and convenient circulation system shall be provided.
(2)
The arrangement of streets and common parking areas shall be designed
as integral parts of an overall site development plan. These features
shall be properly related to existing and proposed buildings and appropriately
landscaped.
H.
Miscellaneous townhouse regulations.
(1)
No home occupations and no business activities of any type shall
be permitted within a townhouse development.
(2)
Signs.
(a)
No signs shall be permitted in a townhouse development except
for a single illuminated nonflashing nameplate sign not more than
two square feet in area attached to the townhouse dwelling unit and
bearing only the name of the occupant and/or the street number of
the dwelling.
(b)
One ground-type sign indicating only the name and address of
the development shall be allowed. Such sign shall not exceed four
feet in height above grade and be larger than 16 square feet in area.
Such sign shall not be closer to any lot line than 1/2 of the required
setback. Said sign shall not be illuminated, except indirectly.
(c)
One temporary advertising ground-type sign pertaining only to
the sale of a townhouse dwelling unit shall be allowed, provided that
such sign shall not exceed six square feet in area. Such signs shall
be located not more than 10 feet from the front entrance to the townhouse
dwelling unit which is for sale and shall be removed within seven
days after the execution of any agreement for the sale of the premises.
(3)
Fencing.
(a)
All fencing of common areas shall be shown on the site development
plan approved by the Planning Board.
(b)
Individual owners may erect privacy fences to enclose outdoor
areas of individual dwelling units. Such fences may be up to six feet
above ground level, provided that such fencing is located not less
than 15 feet from a public street, common off-street parking or storage
area or vehicular accessway thereto. Fencing which is closer than
15 feet to a public street or common off-street parking or storage
area or vehicular accessway thereto shall not exceed three feet above
ground level.
(4)
Except for land which is owned in common, no property owner shall
erect or place an accessory building or structure on the premises.
(5)
The storage of any unregistered vehicles or other similar equipment
out of doors overnight shall be prohibited, except in a common parking
area.
I.
Special accessory uses. The following special accessory uses may
be established for the common and exclusive use of owners of townhouse
residences and their guests. Such special accessory uses shall be
operated on a not-for-profit basis and subject to the approval of
the Planning Board.
(1)
Recreational facilities, such as open or enclosed tennis courts,
exercise facilities, picnic areas, gazebos or swimming pools as regulated
herein.
(2)
One structure to house maintenance shops and vehicles to be used
exclusively for the maintenance and management of the townhouse development.
(3)
Common space for the exclusive use and convenience of residents of
the townhouse development and their guests to park vehicles. Such
common space shall be adequately landscaped and buffered so as to
screen the site from adjacent areas and uses.
The Planning Board may approve a special use permit for cluster
residential developments of one-family detached dwellings in any residential
district, provided that the following standards and provisions are
maintained:
A.
A site development plan shall be submitted in conformance with the requirements of § 163-19 of this chapter.
B.
The minimum tract size shall be 10 acres.
C.
The lot size, yard, area and height requirements shall be established
on an individual case basis which reflects the unique conditions of
each site proposed for development, the potential impact on adjacent
properties and to ensure consistency with the Village Master Plan.
D.
The number of lots or units (density of development) in a cluster
plan shall not exceed that which could be created under a conventional
development plan for the same tract of land.
E.
The developers shall set aside an area of not less than 20% of the
gross acreage of the tract to be devoted exclusively to permanent
recreation areas or open space.
F.
All recreation or open space areas shall, in the opinion of the Planning
Board, be suitable for such use. The ownership and future maintenance
of such recreation areas shall be subject to the approval of the Planning
Board or offered for dedication to the village.
The Planning Board may approve a special use permit for car
wash establishments, including both coin-operated vehicle washers
and automatic vehicle washers, in the C-B Central Business, G-B General
Business and L-I Light Industrial Districts, provided that the following
standards and provisions are maintained:
A.
Coin-operated vehicle washers. These washers are intended to be those
where the vehicle operator washes the vehicle by using a hose which
is geared to a coin-operated, timed mechanism.
(1)
The vehicle-washing facility or customary uses or operations associated
with the facility shall be located no closer than 200 feet to any
residential district and shall be separated from a residential district
by another nonresidential use.
(2)
All washing facilities shall be within a completely enclosed building
which shall be designed in keeping with the facades of adjacent land
uses.
(3)
Vacuuming facilities may be located outside the building but shall
not be in the front yard and shall meet the respective setback requirements
as required for the specific district in which the use is proposed.
Such area shall be buffered or screened as deemed necessary by the
Planning Board.
(4)
Off-street parking shall be provided on the property in the ratio
of not less than four reservoir parking spaces entering each washing
stall and three reservoir parking spaces at the exit from each stall,
plus one space per employee.
(5)
Adequate drainage facilities shall be provided to prevent standing
water on-site.
(6)
All off-street parking areas shall be hard-surfaced and paved with
asphalt or concrete.
(7)
Any lights used to illuminate the area shall be directed away from
adjacent properties.
(8)
The hours of operation shall be determined by the Planning Board.
B.
Automatic vehicle washers. These vehicle washers are intended to
be those where the vehicle is either slowly driven through or pulled
through by an automatic chain mechanism. This vehicle washer is one
in which the vehicle operator does not perform any of the washing
function other than to drive the vehicle where necessary.
(1)
The vehicle-washing facility and customary uses or operations associated
with the facility shall not be located closer than 300 feet to a residential
district and shall be separated from a residential district by at
least two other nonresidential uses.
(2)
All vehicle wash operations shall be so soundproofed, the entire
development shall be so arranged and the operations shall be so conducted
that the noise emanating therefrom, as measured from any point on
the adjacent property, shall be no more audible than the noise emanating
from the ordinary street traffic and from other commercial or industrial
uses measured at the same point on said adjacent property.
(3)
There shall be provided no less than 10 reservoir parking spaces
for the entrance to each washing area if there are two bays and seven
if there are three or more bays and five parking spaces at the exit
of each washing area. One parking space shall also be provided for
each employee on the maximum shift.
(4)
Vacuuming facilities may be provided outside of the building but
shall meet the setback requirements as required for the specific district
in which the use is proposed. Such area shall be buffered or screened
as deemed necessary by the Planning Board.
(5)
Adequate drainage facilities shall be provided to prevent standing
water on-site.
(6)
Any lighting shall be directed away from adjacent properties.
(7)
All off-street parking areas shall be hard-surfaced and paved with
asphalt or concrete.
(8)
All washing operations shall be conducted within enclosed structures
which shall be externally designed to be in keeping with the exterior
facades of adjacent land uses.
C.
Operators of car wash establishments may be permitted to sell gasoline
on the site of the car wash property. The Planning Board, in considering
such a request, may require the operator to submit additional information
to adequately describe the location and operation of such activity
and, as a condition of granting such approval, may impose any conditions
it deems necessary to protect the health and safety of motorists and
pedestrians and to protect adjacent properties from potential adverse
impacts of such use. Under no conditions shall the operator be allowed
to perform repairs to motor vehicles on the site. Further, any merchandise
available for sale shall be maintained within a fully enclosed building.
The Planning Board may approve a special use permit for a home
occupation in any residential district, provided that the following
standards are maintained:
A.
No more than one person other than a member of the immediate family
occupying such dwelling shall be employed as part of the home occupation.
B.
A home occupation must be conducted within a dwelling which is the
bona fide residence of the principal practitioner or in an accessory
building thereto which is normally associated with a residential use.
Home occupations may occupy either up to 15% of the gross floor area
of the residence to be used for the conduct of a home occupation or
an area of up to 200 square feet if operated in an accessory structure.
C.
In no way shall the appearance of the structure used for the home
occupation be altered or the occupation within the residence be conducted
in a manner which would cause the premises to differ from its residential
character, either by the use of colors, materials, construction, lighting,
signs or the emission of sounds, noises or vibrations.
D.
No outdoor display of goods or outside storage of equipment or materials
used in the home occupation shall be permitted.
G.
No use shall create noise, dust, vibration, smell, smoke, glare,
electrical interference, fire hazard or any other hazard or nuisance
to any greater or more frequent extent than that usually experienced
in an average residential occupancy in the district in question under
normal circumstances wherein no home occupation exists.
H.
Not more than one home occupation shall be permitted for each residential
property.
I.
Subject to the provisions of this chapter, home occupations shall
be limited to the following uses:
(1)
Medical and dental office.
(2)
Other professional office, including but not limited to lawyer, engineer
and architect.
(3)
Custom dressmaking, seamstress and milliner.
(4)
Artist.
(5)
Musician.
(6)
Tutoring or counseling for no more than four individuals at one time.
(7)
Barbershop.
(8)
Beauty salon.
(9)
Woodworking shop.
(10)
Small tool repair shop.
(11)
Collectibles, crafts and similar cottage industry operations.
(12)
Limousine and taxi service, provided that no more than two vehicles
are garaged on the residential property.
(13)
The sale of homegrown produce.
The Planning Board may approve a special use permit for a rooming
house in any R-2 Residential District, provided that the following
standards and provisions are maintained:
A.
No rooming house shall provide shelter for more than two tenants
who are not members of the household unit.
B.
Off-street parking shall be provided as follows: at least two spaces
for the family or household unit residing on the premises, plus not
less than one additional space for each roomer.
C.
One sign up to four square feet in area may be permitted on the premises.
If freestanding, such sign shall not exceed four feet in height. Such
sign may not be illuminated, except indirectly.
D.
The Planning Board shall specify the minimum amount and location
of buffer screening to ensure that the use does not create a nuisance
for adjoining property owners.
The Planning Board may approve a special use permit for a windmill
or wind generator in any district, provided that the following standards
and provisions are maintained:
A.
In addition to the application requirements specified for site development permits in § 163-15, the site development plan proposals for a windmill or wind generator shall also show:
(1)
The location of the tower on-site and tower height, including blades,
rotor diameter and ground clearance.
(2)
All utility lines both above and below ground within a radius equal
to the proposed tower height, including blades.
(3)
Dimensional representation of the various structural components of
the tower construction, including the base and footings.
(4)
Design data indicating the basis of design, including manufacturer's
dimensional drawings, installation and operation instructions.
(5)
Certification by a registered professional engineer or manufacturer's
certification that the tower design is sufficient to withstand wind
load requirements for structures.
B.
No windmill, including blades, shall extend more than 75 feet above
the average ground level measured at the base of the tower.
C.
No more than one windmill or tower shall be permitted as an accessory
use to any property.
D.
No windmill shall be erected in any location where its overall height,
including blades, is greater than the distance from its base to any
property line.
E.
Access to the tower shall be limited either by means of a fence six
feet high around the tower base with a locking portal or by limiting
tower-climbing apparatus to no lower than 12 feet from the ground.
F.
No windmill shall be installed in any location along the major axis
of an existing microwave communications link where the operation of
the windmill is likely to produce an unacceptable level of electromagnetic
interference, unless the applicant provides sufficient evidence satisfactory
to the Planning Board indicating the degree of expected interference
and the possible effect on the microwave communications link.
G.
Windmills shall be located or installed in compliance with the guidelines
of the Federal Aviation Regulations with regard to airport approach
zones (15.503) and clearance around VOR and DVOR stations.
H.
All sites proposed for windmills shall have sufficient access to
unimpeded air flow for adequate operation. The Siting Handbook for
Small Wind Energy Conversion Systems, PNL-2521, or other nationally
recognized reference should be used as a guide in siting the location
of towers.
I.
No windmill shall be installed in a location where the impact on
the neighborhood character is determined by the Planning Board to
be detrimental to the general neighborhood character.
J.
If the windmill is to be interconnected to an electric utility distribution
system, the applicant shall provide evidence of approval of the proposed
interconnect by the local power company.
K.
Towers shall be located in either a rear or side yard. Applicants
seeking a side yard siting shall demonstrate that such a location
is essential to the viability of the proposed investment.
L.
Guy wires and anchors for towers shall not be located closer than
10 feet to any property line.
M.
All windmills shall be designed with an automatic brake to prevent
overspeeding and excessive pressure on the tower structure.
N.
The minimum distance between the ground and any protruding blades
shall not be less than 10 feet as measured at the lowest point of
the arc of the blades.
The Planning Board may approve a special use permit for bed-and-breakfast
establishments in the R-2 Residential District, provided that the
following standards and provisions are maintained:
B.
The building proposed for occupancy as a bed-and-breakfast establishment
shall contain no more than four lodging rooms for hire.
C.
The operator of the bed-and-breakfast establishment shall reside
on the premises and shall be the only permanent occupant on the premises.
D.
The structure proposed for use as a bed-and-breakfast establishment
shall meet the requirements of the Uniform Code.
E.
Off-street parking space shall be provided as follows: at least two
spaces shall be provided for the family residing on the premises,
plus not less than one additional space for each lodging room.
F.
One sign up to six square feet in area may be permitted on the premises.
The sign may be freestanding or mounted on the building. If freestanding,
the sign shall not be more than four feet in height measured from
the ground to the top of the sign. Such signs may not be illuminated,
except indirectly.
G.
The operator of the bed-and-breakfast establishment shall not provide
more than one meal per day to any guest.
H.
The exterior of the building shall be maintained consistent with
the neighborhood character of the area.
I.
The Planning Board shall specify the minimum amount and location
of landscaping and buffer screening to ensure that the use does not
create a nuisance for adjoining property owners.
The Planning Board may approve a special use permit for a planned
business center in the G-B General Business District, provided that
the following standards and provisions are maintained:
A.
The Planning Board shall determine that the physical character of
the site proposed for planned business use is adequate to accommodate
the proposed use.
B.
The site shall be served by public water and sanitary sewer services.
C.
The Planning Board shall determine that the street system serving
the site is adequate to carry the anticipated traffic flows and that
the proposal will not create a burden or nuisance for adjoining property
owners.
D.
The Planning Board shall determine that the plans for storm drainage
are capable of serving the planned business area.
E.
Proposed planned business centers shall be located on a site of not
less than four acres, with not less than 300 feet of frontage on each
highway which fronts the site.
F.
Planned business centers shall be constructed in accordance with
an overall plan for the entire area and shall be designed with a single
architectural scheme with appropriate common off-street parking, service
road access and landscaping. The development shall provide initially
for the construction of either a minimum of 8,000 square feet of ground
floor area or a minimum of four of the permitted uses.
G.
The number, location and width of entranceways to provide access
to such planned development centers shall be determined on an individual
case basis by the Planning Board.
H.
Uses permitted are shopping centers, stores and shops where retail
goods are sold or personal services rendered which are similar, but
not limited, to the following:
(1)
Retail business establishments, such as grocery stores, drugstores,
stationery, furniture, home furnishings, appliances, variety and clothing
stores and restaurants.
(2)
Personal service establishments, such as barber- and beauty shops,
shoe repair shops, business and professional offices, self-service
laundries and dry-cleaning stores.
I.
Off-street parking shall be provided at a ratio of not less than
one parking space per 150 square feet of floor area. Private garage
space for the storage of commercial vehicles used in conjunction with
a permitted business use shall also be permitted.
J.
Truck loading and unloading areas shall be provided in sufficient
amount to permit the transfer of goods and materials on the premises
rather than on a public street or customer off-street parking area
on the premises. A dense landscaping screen of not less than six feet
in height shall be required where off-street loading and unloading
areas abut residential uses, so that such operations shall be shielded
from view from such residences.
K.
The regulations of Article XIII shall govern the location, size, number and characteristics of signs in a planned business center.
L.
The Planning Board may prescribe more restrictive conditions deemed
reasonable or appropriate with respect to improving the design quality
of a planned business center.
M.
A letter of credit shall be established and provided prior to final
approval of the planned business center to assure that all parking,
entrances, exits, facilities and services are installed as required
and proposed.
N.
Where a planned business center abuts a residential use or district,
there shall be a landscaped buffer strip not less than 30 feet in
depth at the periphery of the planned business center. This landscaped
buffer shall be provided within the minimum setback requirements.
The buffer strip shall include materials and be perpetually maintained
by the developer or owner to provide a visual screen between the planned
business center and the adjoining residential lot(s) and shall be
used for no other purpose.
O.
Lighting within the center shall be provided in a manner so as to
minimize potential disturbance to adjacent properties.
The Planning Board may approve a special use permit for a public
market in the G-B General Business District, provided that the following
standards and provisions are maintained:
B.
Items offered for sale shall principally be agricultural products
grown or raised on area farms.
C.
The Planning Board shall determine that the character of the site
is appropriate for such use and that plans for water supply, sewage
disposal and storm drainage are capable of serving the proposed use.
D.
The Planning Board shall determine that the street system serving
the site is adequate to carry the anticipated traffic flows and that
the proposal will not create a burden or nuisance for adjoining property
owners. The Planning Board shall specify the location, number and
width of driveways deemed appropriate to serve the proposed use.
E.
The Planning Board shall determine that areas designated for off-street
parking and for the loading and unloading of goods are adequate to
accommodate the level of activity anticipated with the proposed use.
F.
No site preparation or construction shall commence until final site
development plan approval has been granted and permits issued by all
governmental agencies involved.
G.
The Planning Board shall review and approve the amount and location
of landscaping and buffer screening to be provided.
I.
The Planning Board, in approving such uses, may impose other controls
and operating requirements which, in its opinion, are necessary to
protect public health, safety and welfare.
The Planning Board may approve a special use permit for retail
business and personal service establishments of the types permitted
in the C-B and G-B Districts in the L-I Light Industrial District,
provided that the standards and provisions which govern such uses
in the C-B and G-B Districts are maintained.
The standards and provisions which the Planning Board may use
to approve a special use permit for the establishment of a transfer
station or recycling use in the L-I Light Industrial District are
reserved.
[Added 4-20-2015 by L.L.
No. 1-2015]
A.
The Planning Board may approve a special use permit for an artisan/craftsman
facility in the G-B General Business District, provided that the following
standards and provisions are maintained:
(1)
Minimum lot size, frontage and setback requirements shall conform
to the specifications set forth in Schedule I of this chapter. The
entire area intended for retail parking and shall be of a hard surface
(asphalt or concrete). As these facilities shall be considered multi-use,
the minimum percentage to be utilized for retail shall be 20%, and
parking shall be calculated based upon both uses.
(2)
Items on site must be raw materials which will be refined, milled
and or processed into a finish grade for sale on the premises and
entered into a general stream of commerce.
(3)
The Planning Board shall determine that that character of the
site is appropriate for such use and that plans for water supply,
sewage disposal and storm drainage are capable of serving the proposed
use. The proposed use shall not exceed the normal lighting, emissions,
noise, odor or vibrations for the area.
(4)
The Planning Board shall determine that the street system serving
the site is adequate to carry the anticipated traffic flows and that
the proposal will not create a burden or nuisance to adjoining property
owners. The Planning Board shall specify the location, number and
width of driveways deemed appropriate to serve the proposed use.
(5)
The Planning Board shall determine that areas designated for
off-street parking and for the loading and unloading of goods are
adequate to accommodate the level of activity anticipated for the
proposed use.
(6)
No site preparation or construction shall commence until a final
site development plan approval has been granted and permits have been
issued by all governmental agencies involved. All additional storage
facilities, bulk storage areas, tanks or chemical storage vessels
shall be set forth in the site plan.
(7)
The Planning Board shall review and approve the amount and location
of landscaping and buffer screening to be provided for the use.
(8)
The only signage to be permitted shall be approved by the Planning Board and shall be in accordance with Article XIII.
(9)
The proposed facility may include:
(a)
A loading dock for delivery of raw materials.
(b)
A processing plant for creation of final products.
(c)
A warehousing facility for storage of final product awaiting
delivery.
(d)
A loading facility for re-entry of final product into general
commerce.
(e)
Twenty percent of the entire facility must be utilized for retail
purposes.
(f)
On site consumption of goods is permitted.
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*Note: This shall mean that either retail space of 20% of the
whole facility is utilized for retail space or, in the alternative,
that a processing facility is constructed in such a manner that retail
customers are brought into the processing area for an artisan/craftsman
experience.
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(i.e., artisanal cheese makers, craft breweries, wineries, bakeries,
graphic design with retail outlet, pasta/bread makers, maple syrup
makers, pottery, glass blowing, soaps/oils etc.)
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(10)
Permitted structures may include an existing facility or within
a principal building or accessory structure.
(11)
Hours of operation may be from 6:00 a.m. to 11:00 p.m. for loading,
unloading and manufacturing purposes, and include retail operational
hours from 6:00 a.m. to 2:00 p.m.
(12)
There shall be no hazardous materials stored, used, or manufactured
on site, including highly toxic, explosive, flammable, combustible,
corrosive, radioactive or similar waste products exceeding those amounts
which are typically found in normal business use.
(13)
No structures shall exceed 35 feet in height.
(14)
The Village will not authorize the use or confinement of animals
on site for any artisan/craftsman use.
(15)
The Planning Board, in approving such uses, may impose other
controls and operation requirements which, in its opinion, are necessary
to protect public health, safety and welfare.
B.
It is recognized that certain industrial activities, though typically
most frequently sited within industrial zones, may, with proper attention
being paid to certain elements of their activity, be sited within
a G-B- General Business District, so long as they have a retail component.
Therefore, it is recognized that the special regulation of these uses
is necessary to ensure the adverse effects will not contribute to
the blighting or downgrading of the surrounding neighbors, businesses
or land uses.
