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 or designee 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:
A. The proposed special use is consistent with the general intent of
the Village's Comprehensive Plan and with each of the specific purposes
set forth in this chapter.
B. 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.
C. 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.
D. The proposed special use satisfies each and all standards and conditions
specified for such special use by the relevant provisions of this
article.
E. 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 or designee 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 or designee 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.
F. No site preparation or construction shall commence nor shall existing
structures be occupied for any special permit use until final site
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 §
290-12 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 general 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 and auto repair shops in the C-1 Commercial,
I-1 and I-2 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 §
290-17 herein, the site 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. Such uses shall be screened from adjacent uses by a buffer area not
less than 10 feet in depth, composed of densely planted evergreen
shrubbery, solid fencing or a combination of both which, in the opinion
of the Planning Board, will be adequate 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 or designee shall direct the property
owner to replace said shrubs.
C. The entire area of the site traveled by motor vehicles shall be hard
surfaced.
D. All repairs of motor vehicles, except for minor servicing, shall
be performed in a fully enclosed building. No motor vehicle parts
or partially dismantled motor vehicles shall be stored outside of
an enclosed building.
E. 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.
F. 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.
G. No building or structure, including gasoline pump or automotive service
appliances, shall be erected within 30 feet of any street line.
H. 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.
I. 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.
J. 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.
K. 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 subsection, 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.
L. No motor vehicle service station and no outdoor gasoline or oil pump
or automotive service appliance shall be established on a lot that
is within 1,000 feet of another lot measured along the same street
frontage on which there is an existing motor vehicle service station
or outdoor gasoline or oil pump or other automotive service establishment;
or of another lot for which a building permit has been issued for
the erection of a motor vehicle service establishment.
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 the R-1 Residential District, provided
that the following standards and provisions are maintained:
A. A statement setting forth the details of the operation of the use.
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 regulating
agencies.
C. The proposal shall meet the minimum area and yard requirements for
such uses as specified in the Schedule.
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 conditions it deems necessary to protect the health,
safety and public welfare of the Village.
[Amended 1-7-2002 by L.L.
No. 1-2002]
The Planning Board may approve a special use permit for multiple-family
complex developments in the R-1 Residential Districts or C-1 Commercial
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 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 three acres.
C. The maximum gross density shall not exceed eight dwelling units per
acre.
D. Apartment buildings shall contain no more than 12 dwelling units.
E. Minimum habitable floor area requirements:
(1) Apartment unit, efficiency: 450 square feet.
(2) Apartment unit, one-bedroom: 550 square feet.
(3) Apartment unit, two-bedroom: 700 square feet.
(4) Apartment unit, three-bedroom: 800 square feet.
(5) Apartment unit, four-bedroom: 900 square feet.
F. Unit distribution.
(1) No more than 30% of the total units within a multiple-family dwelling
development shall be efficiency units.
(2) No more than 30% of the total units within a multiple-family dwelling
development shall have three or more bedroom units.
G. Setback 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: 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 not 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 road.
(1) All multiple-family dwelling developments shall have direct access
to a public road.
(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 indicates the need for additional access, the Planning
Board may require such additional access as a condition of site 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 to the approved site plan, provided that off-street parking shall not be located within the front yard or the required side yard setback. 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 minimum common storage area in each building for
bicycles, baby carriages and similar types of equipment of 40 square
feet in area. Storage areas 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; 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 shrubbed
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 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
clusters and developments in the R-1 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 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 plans for
townhouse clusters or 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 cluster 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 Village Board. Common property shall not be changed from its
status or use as common property without specific authorization of
the Village Board. In reviewing proposals for the establishment of
organizations to govern the ownership and maintenance of any common
property, the Village 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 clusters or developments.
(1) Area. The minimum land area for townhouse clusters or developments
shall be three 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 clusters and developments shall not exceed 10 units
per acre.
(3) Open space. Not less than 25% of the land area within a townhouse
cluster or 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 cluster or development and
their guests.
(4) Lot coverage. The coverage of all buildings and structures within
a townhouse cluster or 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 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 cluster or 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 40 feet to the public right-of-way. No structure shall
be set back less than 20 feet from any common parking area or a property
line which serves as a boundary between the townhouse cluster or development
and adjacent residential uses.
(8) Setbacks from other districts. No structure within a townhouse cluster
or development shall be located closer than 20 feet to any residential
district boundary line. This setback shall be increased to 50 feet
where the zone district boundary line abuts a C Commercial or I 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 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 side 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 unsightliness
and the monotony of parked cars.
(6) Common off-street parking areas shall be designed with careful regard
to orderly arrangement, topography, landscaping, ease of access and
shall be developed as an integral part of the overall site 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 cluster or development and adjacent properties.
E. Size of townhouse dwelling units. The gross habitable floor area
for all townhouse dwelling units shall conform to the minimum requirements
specified in Schedule I.
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 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 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 cluster or development.
(2) No signs shall be permitted in a townhouse cluster or 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 street number of the dwelling.
(3) One temporary, advertising, ground-type sign pertaining only to the
sale of a townhouse dwelling unit, 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.
(4) All fencing of common areas shall be shown on the site plan approved
by the Planning Board.
(5) 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.
(6) Except for land which is owned in common, no property owner shall
erect or place an accessory building or structure on the premises.
(7) 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 cluster or 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 the R-1
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 §
290-17 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 and the potential impact on adjacent
properties and to ensure consistency with the Village Comprehensive
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 Village
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-1 Commercial District, 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 C-1 Commercial District. 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 dust-free.
(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 C-1 Commercial
District. 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 dust-free.
(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 the R-1 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 30% of the gross floor area
of the residence to be used for the conduct of a home occupation or
profession or up to 40% of the floor area of an accessory structure,
but not both.
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
or 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.
E. No sign shall be permitted except in accordance with the provisions of Article
XII.
F. Off-street parking shall be provided in accordance with Article
XI.
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 offices.
(2) Other professional offices, including but not limited to lawyer,
engineer and architect.
(3) Custom dressmaking, seamstress and milliner.
(6) Tutoring for no more than four students at one time.
The Planning Board may approve a special use permit for a rooming
house in the R-1 Residential District, provided that the following
standards and provisions are maintained:
A. No rooming house shall provide shelter for more than four 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 the R-1 Residential District, provided that the
following standards and provisions are maintained:
A. In addition to the application requirements specified for site development permits in §
290-17, the site plan proposals for a windmill or wind generator shall also show:
(1) Location of 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 Village 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
over-speeding 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 the
conversion of an existing structure for residential occupancy by two
or more families living as separate and independent housekeeping units
in the R-1 Residential District, provided that the following standards
and provisions are maintained:
A. Any building proposed to be converted to create additional living
units shall have not less than 2,000 square feet of gross floor area.
B. No more than four living units shall be created by conversion within
any individual structure.
C. The conversion shall comply with the requirements of the Uniform
Code and this chapter.
D. The minimum habitable floor area for living units shall be:
(1) For
efficiency units: 450 square feet.
(2) For
one-bedroom units: 550 square feet.
(3) For
two-bedroom units: 800 square feet.
(4) For
three-bedroom units: 900 square feet.
E. For each additional dwelling unit proposed to be created by a conversion,
the minimum lot size shall exceed the minimum required for two dwelling
units by 10%.
F. The Planning Board shall determine that water supply and sanitary
sewer services are adequate to support the additional density.
G. 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.
H. Not less than two off-street parking spaces shall be provided for
each independent housekeeping unit.
I. The Planning Board shall specify the minimum amount and location
of landscaping and buffer screening to be provided to ensure that
the use does not create a nuisance for adjoining property owners.
The Planning Board may approve a special use permit for application
for the use of land for two-family dwellings, including duplex residential
structures, in the R-1 Residential District, provided that the following
standards and provisions are maintained:
A. The minimum lot size, frontage and setback requirements shall conform
to the specifications set forth in the Schedule of this chapter.
B. Each dwelling unit shall be served with separate utility meters and
shutoff valves.
C. In cases where eight or more structures are planned for a subdivision,
the Planning Board shall carefully consider the need for two access
points to the subdivision and require them, if needed.
D. Each structure shall have its own individual driveway access to a
public street.
E. Each dwelling unit shall have not less than two off-street parking
spaces.
F. The minimum living area to be provided in each dwelling unit shall
equal or exceed the minimum area required for single-family dwellings.
G. Each structure shall be landscaped to effectively screen dissimilar
uses from one another and to protect and enhance the overall quality
of the existing neighborhood.
H. The Planning Board shall determine that the neighborhood character
of the site proposed for duplex units is appropriate for such use
and that plans for water supply, sewage disposal and storm drainage
are capable of serving the proposed use.
I. 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.
J. The Planning Board shall specify the minimum amount and location
of landscaping and buffer screening to be provided to ensure that
the use does not create a nuisance for adjoining property owners.
K. No site preparation or construction shall commence until final site
approval has been granted by the Planning Board and permits issued
by all governmental agencies involved.
The Village Board may approve a special use permit for tourist
homes/bed-and-breakfast establishments in the R-1 Residential District,
provided that the following standards and provisions are maintained:
A. The minimum lot size, frontage and setback requirements shall conform
to the specifications set forth in the Schedule of this chapter for
single-family dwellings.
B. The building proposed for occupancy as a tourist home shall contain
no more than four lodging rooms for hire.
C. The operator of the tourist home shall reside on the premises and
shall be the only permanent occupant on the premises.
D. The applicant 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 eight 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 exterior of the building shall be maintained consistent with
the character of the area.
H. 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 commercial
recreation uses in the C-1 Commercial District, provided that the
following standards and provisions are maintained:
A. The applicant shall submit a written statement which sets forth the
details of the operation of the proposed use.
B. The minimum tract size for such a use shall be five acres, with not
less than 300 feet of frontage on each highway which fronts the site.
C. The Planning Board shall determine that the physical character of
the site is adequate to accommodate the proposed use and that plans
for water supply, sewage disposal and storm drainage are capable of
meeting anticipated demands.
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.
E. Prior to granting a special use permit for such uses, the Planning
Board may impose any conditions deemed reasonable or appropriate with
respect to improving the design quality of the proposed use or to
minimize the impact of such uses on adjacent properties.
F. The regulations of Article
XII shall govern the location, size, number and characteristics of signs for such uses.
G. A letter of credit shall be established and provided prior to final
approval of commercial recreation uses to assure that all parking,
entrances, exits, facilities and services are installed as required
and proposed.
H. A landscaped buffer strip not less than 50 feet in depth shall be
provided along the periphery of the proposed use. This landscaped
buffer shall be provided in addition to the setback requirements.
The buffer strip shall include materials and be perpetually maintained
by the developer or owner to provide a visual screen between the proposed
use and adjoining properties and shall be used for no other purpose.
I. Lighting shall be provided in a manner so as to minimize potential
disturbances to adjacent properties.
J. No commercial recreation use and no driveway to any such use shall
be located within 300 feet of the boundary line of any residential
district or within 300 feet of any parcel used for a public or private
school, public library, church or hospital.
The Planning Board may approve a special use permit for mobile
home parks in the R-1 Residential District, 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 plan approval has been granted
by the Planning Board and permits have been issued by all governmental
agencies involved.
B. In addition to the information required in the special permit application and enumerated in §
290-17 herein, the site plan and supporting information submitted shall also include the following:
(1) The names and addresses of all applicants, if an individual or partnership,
and the names and addresses of principal officers, if a corporation.
(2) The name and address of the owner of the land upon which the mobile
home park is to be located.
(4) Drawing(s) of the proposed mobile home park indicating how it is
to be designed, including the proposed layout of streets and sidewalks,
individual lots, parking areas and the location of storage facilities,
so as to be in conformity with the requirements of this chapter.
(5) An indication of existing topography and drainage patterns, including
wet or swampy areas.
(6) A copy of all contemplated park rules, regulations and covenants;
a list of management and tenant responsibilities; a written statement
of any entrance and exit fees, utility connection fees or any security
deposits to be charged.
(7) Such further information as the developer may feel is necessary to
describe his intent and ability to comply with the environmental,
health and safety standards of this chapter.
C. The owner of any mobile home park existing prior to the adoption of this chapter shall apply for a special use permit within one year from the date of adoption of this chapter, and such permit shall be subject to the terms and conditions specified in §
290-50E specified herein.
D. Upon initial application for a preexisting mobile home park, the
Code Enforcement Officer or designee shall issue a temporary special
use permit valid for two years and shall serve notice on the park
owner of any safety and/or sanitary violations of this chapter which
may exist. The Code Enforcement Officer or designee shall specify
the actions to be taken to correct these violations and the time within
which these violations shall be corrected. Any additions to the park
shall comply with the provisions of this chapter.
E. Site location.
(1) Neighborhood. In no case shall a permit be issued for a mobile home
park if it is determined that the proposed location for said use would
be inconsistent with the goals of the Village's Comprehensive Plan;
in an area that would have an adverse impact on the character of the
existing neighborhood; or in an area subject to objectionable smoke,
odor or other similar adverse environmental influence.
(2) Relationship to major roads. Mobile home park plans shall include
a sketch of the site as it relates to major traffic arteries with
indications of anticipated traffic patterns to the park.
F. Natural features.
(1) General requirements. Topography, groundwater level, surface drainage
and soil conditions shall not be such as to create hazards to the
property or to the health and safety of the occupants. No developed
portion of the site shall be subject to excessive settling or erosion.
A sloping site should be graded to produce terraced lots for the placement
of the mobile home units and, in general, units should be placed parallel
rather than perpendicular to the slope.
(2) Surface drainage. Mobile home park plans shall show all proposals
for changes in existing surface drainage patterns. All parks shall
be graded to prevent ponding of surface water. If any part of the
site is located in a floodplain, no structure or mobile home shall
be located on any land designated as an area of special flood hazard.
(3) Soils. Soils shall have sufficient bearing and stability properties
to provide adequate support for mobile home installations. Topsoil
should be of sufficient depth to sustain lawns, trees and other vegetation.
(4) Natural features. Mobile home park plans shall show existing tree
masses or trees over six inches in diameter, hedgerows and other notable
existing natural features, such as streams or rock formations. Such
natural features shall be retained as much as possible in the site
plan, and densities shall be reduced, if necessary, to permit such
retention.
G. Site area, lot layout and unit placement.
(1) Site area. The minimum site area for a mobile home park shall not
be less than 25 acres.
(2) Required separation. Mobile home units may be positioned in a variety
of ways within a park, provided that a separation of not less than
25 feet is maintained between units.
(3) No mobile home shall be placed within 100 feet of any property line
or right-of-way line of any public street which abuts the mobile home
park.
(4) Density. The density of development in a mobile home park shall not
exceed six units per gross acre.
H. Lot and yard requirements. The minimum size of lots and yard requirements
in a mobile home park shall be:
(1) Lot area per mobile home: 8,000 square feet.
(2) Front yard setback from the pavement of internal mobile home park
streets: 20 feet.
(3) Side yard setback from mobile home lot line: 15 feet.
(4) Rear yard setback from mobile home lot line: 20 feet.
(5) Minimum width of mobile home lot: 80 feet.
(6) Minimum distance from any mobile home lot to any highway right-of-way
line: 50 feet.
(7) Minimum distance from any mobile home lot to any property line adjoining
the mobile home park: 100 feet.
I. Size of individual homes. The minimum size of any individual mobile
home in a park shall not be less than 720 square feet.
J. Vehicular circulation and storage.
(1) Park road layout. A drawing of the proposed park road layout, including
connections to be made to adjacent existing roads or highways, shall
be included in all mobile home park plans. Straight, uniform, gridiron
road patterns should be avoided unless they can be relieved by mobile
home clustering, landscaping and an interesting open space system.
(2) Park road construction. All roads within a mobile home park shall
conform to the right-of-way requirements and construction specifications
of the Village of Manchester.
(3) Off-street parking. Each mobile home shall have a minimum of two
parking spaces. Parking facilities may be provided so that each mobile
home lot would have one off-street parking area. A common parking
area may be utilized for second-vehicle parking and guest parking
and for delivery and service vehicles. In order to provide adequate
space for access drives and aisles, each parking space in a common
parking area shall have not less than 280 square feet. No on-street
parking shall be permitted within a mobile home park.
(4) Storage space for auxiliary vehicles. Parking spaces meeting the
provisions of this chapter shall be provided for all park service
buildings. No boats, camp haulers, trailers or motor vehicles not
designed for passengers shall be parked or stored at any place within
the mobile home park except in designated areas. No unlicensed motor
vehicles or trailers or parts thereof or junk of any nature or description
shall be parked or stored within a mobile home park.
K. Park entrance; mobile home lot adjacent to park entrance. No mobile
home lot shall be located less than 100 feet from the intersection
of a park entrance road and a public highway and no private mobile
home driveway shall make a direct connection with an existing public
highway.
L. Accessory buildings on individual lots; extensions or enclosures.
(1) Each individual mobile home lot shall be permitted to have one accessory
building not exceeding 100 square feet. All accessory buildings shall
comply with the provisions of this chapter and the standards of the
Uniform Code.
(2) Accessory buildings may be of a preconstructed material and shall
be located uniformly with respect to all lots.
(3) All enclosures shall be provided with a floor and a base of cement,
asphalt or equivalent. Such enclosure must comply with the Uniform
Code. A building permit shall be obtained prior to construction of
any enclosures or extensions.
M. Mobile home stand.
(1) Support of the mobile home unit. Each site shall be provided with
a stand which will give a firm base and adequate support for the mobile
home. Such stand shall have a dimension approximating the width and
length of the home and any expansions or extensions thereto. Anchored
tie-downs shall be provided at least on each corner of the stand.
(2) The stand area shall be graded to ensure adequate drainage, but in
no event shall the grade variance exceed six inches from one end of
the stand to the other.
N. Entrance platform. Each mobile home shall be provided with an entrance
platform of concrete, asphalt or the equivalent, at least eight feet
by 10 feet and four inches in depth. This platform shall be located
at the main entrance to the mobile home and may act as a base for
railings and steps for the mobile home. This platform may also be
part of the patio area.
O. Skirting. Each mobile home owner shall be required to enclose the
bottom portion of the mobile home with either a suitable skirt or
enclosure within 10 days after arrival in the park. Such skirts shall
be uniform in appearance, design and type.
P. Roadways and streets.
(1) The width of all internal streets shall be not less than 24 feet.
(2) The width of any access road connecting the mobile home park street
system with a public highway shall have a paved width of not less
than 30 feet for a distance of at least 100 feet into the park.
(3) Culs-de-sac with safe and convenient turning radii shall be provided
within the internal street system in lieu of closed-end streets.
(4) All streets shall have concrete curbs and gutters.
(5) Each street shall be named, and each mobile home lot therein given
a permanent number which shall be affixed to the mobile home and shall
be visible from the street.
Q. Park facilities and activities.
(1) If park facilities and activities, such as meeting rooms, recreation
buildings, administrative and management facilities, laundry rooms
and swimming pools are to be included in the mobile home park, the
application and supporting site plan shall include details of these
facilities and the owner's statement of intent to provide adequate
supervision and management of such facilities and activities.
(2) All park facilities and activities shall be landscaped with trees,
shrubs and grass and shall provide adequate paved off-street parking
space.
(3) Park facilities and activities shall be located and designed in a
manner that will be a visual asset to the mobile home park and compatible
with the residential character of the park.
(4) Service buildings and administrative and management facilities shall
be consolidated so as to require as few buildings as possible.
R. Open space treatment and park amenities.
(1) Open space and developed recreation areas. Each mobile home park
shall provide not less than three acres of land for recreation space.
This space shall be designed to be accessible to park residents and
the general public. All areas designated for open space use shall
be approved by the Planning Board and stabilized by grass or other
forms of ground cover which will prevent dust and muddy areas.
(2) Buffer zones. Mobile home parks shall be buffered from adjacent properties
by a hedge or similar landscaped screen which will rapidly reach a
height of at least six feet. A combination of landscaping and decorative
fencing may be substituted, provided that the height requirement is
met and considerable landscaping is used.
(3) Soil and ground cover requirements. Exposed ground surfaces in all
parts of any mobile home park shall be paved, surfaced with crushed
stone or other solid material or protected with grass or other ground
cover capable of preventing erosion and of eliminating objectionable
dust.
(4) Trees. At least one tree shall be planted on each mobile home lot
if no such tree already exists. Planted trees shall have a caliper
of at least two inches at the date of planting.
(5) Walkways. Each mobile home stand shall be provided with a walkway
leading from the stand to the street or to a driveway or parking area
connecting to the street. Walkways shall be constructed in accordance
with the construction specifications of the Village of Manchester.
(6) Fencing. If fencing of individual lots within the park is to be provided
by the mobile home occupant, standards shall be prepared by the park
operator so that consistency can be maintained. Specifications for
fencing shall be submitted to the Planning Board for approval.
(7) Park lighting. All parks shall be furnished with adequate lights
to illuminate streets, driveways and walkways for the safe movement
of vehicles and pedestrians at night. Electric service to such lights
shall be installed underground and decorative lighting fixtures shall
be used where possible.
S. Electrical distribution system.
(1) General requirements. Every park shall contain an electrical wiring
system consisting of wiring fixtures, equipment and appurtenances
which shall be installed and maintained in accordance with the local
electric power company's specifications and regulations. All wiring
fixtures and connections shall be approved by an electrical inspection
agency approved by the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2) Specific requirements.
(a)
Each mobile home shall be supplied with not less than a 100-ampere
service. If the mobile home is to be heated electrically, then a 200-ampere
service is recommended for each unit.
(b)
Electrical lines shall be placed below ground.
(c)
All grounding wiring in the mobile home shall be retained.
T. Water supply.
(1) All mobile home parks shall be connected to a public water supply.
(2) Connections thereto and the distribution methods and materials used
shall be subject to the inspection and approval of the Village Superintendent
of Public Works and Village Engineer.
U. Sewage disposal.
(1) All mobile home parks shall be connected to a public sewer system.
(2) All materials used and workmanship to connect to a central sewage
disposal system shall be subject to inspection and approval of the
Village Superintendent of Public Works and Village Engineer.
V. Solid waste disposal.
(1) The storage, collection and disposal of solid waste in the mobile
home park shall be conducted as to prevent health hazards, rodent
harborage, insect breeding areas, accident or fire hazards or air
pollution.
(2) If group solid waste storage areas are provided for park occupants,
they shall be enclosed or otherwise screened from public view and
shall be rodent- and animal-proof and located not more than 300 feet
from any mobile home site they are to serve.
(3) Containers for the storage of solid waste shall have tight-fitting
covers and shall be provided in sufficient number to adequately store
all solid waste produced.
(4) Regular pickup of solid waste shall be provided for all rubbish,
trash and garbage generated by park residents.
(5) No burning of garbage or refuse of any kind shall be permitted.
W. Fuel systems. All mobile home parks shall be provided with facilities
for the safe storage of necessary fuels. All systems shall be installed
and maintained in accordance with applicable codes and regulations
governing such systems.
(1) Natural gas installations shall be planned and installed so that
all components and workmanship comply with the requirements of American
Gas Association, Inc., and conform to the requirements, inspections
and approval of the utility which will supply this product.
(2) Heating systems with common supplies shall be designed, constructed,
inspected and maintained in conformance with the provisions of National
Fire Protection Association, Standard 30. In the event that a park
system which requires pumping for fuel distribution is planned, a
backup pump shall be required.
(3) Liquefied petroleum gas systems shall be selected, installed and
maintained in compliance with the requirements of the National Fire
Protection Association, Standard 58. Liquefied petroleum gas tanks
shall be located to the rear of the mobile home site and shall be
landscaped and screened from public view.
X. Fire protection.
(1) The mobile home park plan shall include a list of the applicable
rules and regulations of the fire district wherein said park is located
and shall comply with such rules and regulations.
(2) Fire hydrants shall be installed in accordance with the requirements
of the district and inspected and approved by the Superintendent of
Public Works.
Y. Mail service.
(1) Mailbox location shall provide safe and easy access for the pickup
and delivery of mail.
(2) Grouped mailboxes for cluster delivery shall be located in a way
that will not require stopping on a public right-of-way for pickup.
(3) When mailboxes are grouped together for some form of cluster delivery,
such groupings shall be suitably landscaped.
Z. Commercial sales of mobile homes.
(1) The display and sale of mobile homes for commercial purposes shall
not be permitted in any mobile home park unless such sales area is
located within the interior of the mobile home park and does not front
on a public street.
(2) No display area for the commercial sale of mobile homes shall be
located at the park entrance.
(3) Areas designated for the commercial sale of mobile homes shall be
surfaced with asphalt or other hard, dust-free surface and should
contain a minimum of six off-street parking spaces for customers.
(4) All commercial sales areas shall be landscaped and buffered from
adjacent mobile home units and other residential areas by a dense
hedge or topographical changes or divisions acceptable to the Planning
Board. A combination of landscaping and decorative fencing may be
substituted.
AA. Sales of individual mobile homes.
(1)
No mobile home lot shall be sold within a mobile home park.
(2)
No individual mobile home shall be offered for sale, displayed
for sale or sold within a mobile home park unless such mobile home
is connected to all operating utilities and is on a lot within the
mobile home park which meets all the conditions of this chapter.
BB. Signs. All signs in a mobile home park shall comply with the provisions of Article
XII of this chapter.
CC. Park owner responsibilities and restrictions. The person to whom
a special use permit for a mobile home park is issued shall operate
the park in compliance with this chapter and shall provide adequate
supervision to maintain the park, its common grounds, streets, facilities
and equipment in good repair and in a clean and sanitary condition.
DD. Management; duties of permittee. Every mobile home park shall be
under the direct management of the owner or permittee or his agent
or representative. Such person or persons shall:
(1)
Operate such park from an office located within such park.
(2)
Maintain a bound book containing a record of the names of all
persons accommodated at the park, their home addresses and their ages.
(3)
Hold all such records open and available to any authorized person
inspecting the park.
(4)
Maintain an accurate record of the make, model number and year
of each mobile home in the park.
(5)
Operate such park in compliance with this chapter and provide
adequate supervision to maintain the park and keep its facilities
and equipment in good repair and in a clean, sanitary condition.
(6)
Provide for adequate snow removal on all private streets and
ensure adequate access for fire and emergency vehicles at all times.
(7)
Provide the Tax Assessor, within 20 days following the approval
of any manufactured home park, such information as may be requested
by the Tax Assessor and also notify the Tax Assessor within 20 days
following the departure of any mobile home from the park.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
EE. Transfers.
(1)
Any person holding a permit to operate a mobile home park shall
not transfer said permit until such time as the Code Enforcement Officer
or designee shall have an opportunity to examine said park to determine
if it complies with this chapter and other rules and regulations.
If approved by the Code Enforcement Officer or designee, the Code
Enforcement Officer or designee then shall issue a permit transfer
upon payment of a transfer fee established by the Village Board. No
permits shall be transferred or assigned without written permission
of the Village Board.
(2)
No transfer shall be approved unless and until all violations
which may be found by the Code Enforcement Officer or designee are
corrected.
The Planning Board may approve a special use permit for a junkyard
in the I-2 General Industrial District, provided that the following
standards and provisions are maintained:
A. No site preparation or construction shall commence nor shall any
materials, equipment, vehicles or articles to be stored or made available
for sale be brought to the property until final site plan approval
has been granted by the Planning Board and permits have been issued
by all governmental agencies involved.
B. The minimum tract size for such a use shall be 10 acres with not
less than 400 feet of frontage on each highway which fronts the site.
C. No storage of any materials, equipment, vehicles or any articles
associated with the operation of a junkyard shall be permitted within
100 feet of any property line.
D. All materials, equipment, vehicles or any articles associated with
the operation of a junkyard shall be stored within an area fully enclosed
by a solid fence not less than six nor more than eight feet in height
on all sides. Said fence shall be set back not less than 100 feet
from the property line bordering the proposed junkyard. The Planning
Board may require the applicant to plant shrubs, turf or other landscaping
between the fence and the property lines to buffer the intended use
from adjacent properties.
The Planning Board may approve a special use permit for the
use of land for multiple-family dwellings in the R-1 Residential District,
provided that the following standards and provisions are maintained:
A. The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in §
290-54, Multiple-family developments.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. No more than eight living units shall be included within any structure.
C. The minimum habitable floor area for living units shall be:
(1) For
efficiency units: 450 square feet.
(2) For
one-bedroom units: 550 square feet.
(3) For
two-bedroom units: 800 square feet.
(4) For
three-bedroom units: 900 square feet.
D. The Planning Board shall determine that water supply and sanitary
sewer services are adequate to support the proposed use.
E. 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.
F. Not less than two off-street parking spaces shall be provided for
each independent dwelling unit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G. The Planning Board shall specify the minimum amount and location
of landscaping and buffer screening to be provided to ensure that
the use does not create a nuisance for adjoining property owners.
H. No site preparation or construction shall commence until final site
plan approval has been granted by the Planning Board and permits issued
by all government agencies involved.