Prohibited uses in the Village of Akron shall
be as follows:
A.
Manufacture of explosives.
B.
Manufacture or dead storage of hazardous materials.
C.
All types of illumination which are not shaded or
concealed so that the light will not interfere with the vision of
motor vehicle operators or shine directly on residential property
in any R District. Illumination which flashes, moves or simulates
movement.
D.
Any temporary building or structure in any R District,
except those structures incidental to permitted construction projects.
Any temporary building so used must be removed within 30 days after
the construction project is completed.
E.
No fence, trees or foliage shall be maintained on
a corner lot that will materially obstruct the view of a driver of
a vehicle approaching the street intersection.
F.
Access to or from any B or I District through any
private land of any R District.
G.
Access to or from any R-3 District through any private
land of any R-1 or R-2 District.
I.
Any use, including but not limited to recreational
fires, cooking fires, bonfires, or open fire of any kind, which emits
excessive and objectionable amounts of dust, fumes, noise, odor, smoke,
vibration, glare or waste products.
[Amended 4-3-2017 by L.L.
No. 1-2017]
J.
Junkyards, automobile wrecking or disassembly yards,
the sorting or baling of scrap metal, paper, rags or other scrap or
waste material.
K.
Residential structures without permanent foundations
or without permanent connection to utilities.
L.
Animals. The housing or raising of farm animals, such
as but not limited to the following: horses, cows, pigs, sheep, chickens
and goats.
M.
All billboards, signboards, advertising signs or devices
not expressly related to the business conducted on the premises or
otherwise specifically permitted by this chapter.
A.
Any fence erected in the village shall adhere to the
following:
(1)
Before a fence shall be erected, a building permit
must be obtained from the Code Enforcement Officer. A request for
a permit shall be accompanied by a site plan which shall show the
height and location of the fence in relation to all other structures
and buildings and in relation to all streets, lot property lines and
yards.
(2)
A wall, fence or hedge not over 1 1/2 feet high may
be erected within the limits of any front yard or side front yard
in such a manner that the maintenance shall not be impaired. In any
other yard a wall or fence not over seven feet high may be erected;
provided, however, that a fence, wall or similar structure unduly
shutting out light or air, or which may cause a nuisance, a fire hazard
or a dangerous condition, is prohibited.
B.
Exceptions.
(1)
These restrictions shall be applied so as to not restrict
the erection of a wall for the purpose of retaining earth.
(2)
These restrictions shall not be applied so as to restrict
the erection, alteration or reconstruction of fences used in connection
with farms except insofar as such fences might affect the public safety.
No private swimming pool shall be allowed in
any R District, except as an accessory use, and unless it complies
with the following conditions and requirements:
A.
The pool is intended and used primarily for the enjoyment
of the occupants of the principal use of the property on which it
is located.
B.
It may not be located closer than 10 feet to any lot
line of the property on which it is located or in any front or side
front yard.
C.
The swimming pool, when enclosed within a structure
and such structure is attached to the principal building, shall be
a part of such principal structure and must, therefore, comply with
the requirements of a principal structure.
D.
The swimming pool, either open or enclosed and not
attached to the principal structure, shall be considered an accessory
structure and as such shall comply with the requirements of an accessory
structure. All facilities and fencing serving the swimming pool shall
be a part thereof.
E.
All swimming pools as defined in the definition of "swimming pool, private" in § 165-10 shall be enclosed either within a building or within a fenced enclosure at least four feet high, but not over 10 feet high. Such fence shall be equipped and maintained with self-closing, latching gates of equal height to the fence.
[Amended 7-10-1972]
F.
There is a sufficient source of water supply to accommodate
such pool without detriment to normal water consumption requirements
and that all proposed water supply connections are proper and adequate.
G.
The proposed drainage of such pool is adequate and
will not interfere with the existing sewage and drainage facilities
and with the property of others or with public highways.
H.
All swimming
pools must be maintained in a clean and sanitary condition.
[Added 4-3-2017 by L.L.
No. 1-2017]
I.
Every swimming pool must be equipped with an approved pool alarm
which is capable of detecting a child entering the water and giving
an audible alarm when it detects a child entering the water, is audible
poolside and at another location on the premises where the swimming
pool is located, is installed, used and maintained in accordance with
the manufacturer's instructions, and is not an alarm device which
is located on person(s) or which is dependent on device(s) located
on person(s) for its proper operation.
[Added 4-3-2017 by L.L.
No. 1-2017]
Motor vehicle service stations may be permitted
in the CBD District of the village, provided that the following standards
are observed:
A.
In addition to the information required in the special permit application and enumerated in § 165-8D(2)(a), the site plan submitted shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.
B.
The lot and yard specifications shall be as stipulated
in Schedule A.[1] All garage and filling station pumps, lubricating or other
automobile service devices shall be located at least 20 feet from
any street line or highway right-of-way. All fuel, oil or other flammable
substances shall be stored at least 50 feet distant from any street
or lot line.
[1]
Editor's Note: Said Schedule A is included at the end of this chapter.
C.
The entire area of the site traveled by motor vehicles
shall be hard surfaced.
D.
Any repair of motor vehicles shall be performed in
a fully enclosed building, and no motor vehicle shall be offered for
sale on the site. No motor vehicle parts, or partially dismantled
motor vehicles, shall be stored outside of an enclosed building.
E.
No vehicles shall be permitted to be standing or parked
on the premises of a motor vehicle service station other than those
used by the employees in the indirect or direct operation of the establishment
or those receiving service.
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 motor vehicle service station or public garage
shall be located within 200 feet of any public entrance to a church,
school, library, hospital, charitable institution or place of public
assembly. Such distance shall be measured in a straight line from
said public entrance to the lot line nearest said entrance along the
street line.
H.
Where such service stations abut a residential zone,
they shall be screened by a buffer area no 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 Board of Appeals,
will be adequate to prevent the transmission of headlight glare across
the boundary line. Such buffer screen shall have a minimum height
of six feet above finished grade at the highest point of the parking
area. The materials used shall be in keeping with the character of
the adjacent residential area. If said shrubbery becomes decayed and
falls to provide an adequate screen, the Code Enforcement Officer
may direct the property owner to replace said shrubs.[2]
[2]
Editor's Note: Former § 904.1-9,
requiring fuel pumps to be attendant-operated, which immediately followed
this subsection, was repealed 4-9-1973.
A.
Cluster residential developments of single-family
dwellings may be permitted with a special use permit in any R District
of the village, provided that the following conditions and requirements
are observed:
(1)
The project shall encompass a minimum land area of
10 acres.
(2)
The lot area difference between the minimum lot size
shown on Schedule A[1] and the minimum lot size permitted in a cluster development
shall be set aside as open space, as provided for hereinafter.
[1]
Editor's Note: Said Schedule A is included at the end of this chapter.
(3)
The developer shall show all unsubdivided lands as
permanent open space. In no case shall such lands be less than 25%
of the total project area. All such lands shall be suitable, in the
opinion of the Planning Board, for the intended use. Such lands shall
be offered for dedication to the Board of Trustees of the Village
of Akron.
(4)
The developer shall have received informal conditional
approval of the Planning Board of the design and arrangements of streets,
lots, open areas and other elements of the project prior to filling
the special use permit application.
(5)
The requirements of this chapter, insofar as density,
minimum lot area, minimum lot width, minimum side and rear yard areas
and maximum lot coverage, are as specified in Schedule A of this chapter.[2] All other requirements of this chapter shall be adhered
to.
[2]
Editor's Note: Said Schedule A is included at the end of this chapter.
[Amended 4-24-1972; 8-13-1973;10-17-2022 by L.L. No.
3-2022]
A.
Intent. It is the purpose of this section to promote the health,
safety, and general welfare of the inhabitants of the Village of Akron
through the more efficient siting and regulation of manufactured housing
and manufactured home parks.
B.
CODE ENFORCEMENT OFFICER
MANUFACTURED HOME PARK
MOBILE HOME or MANUFACTURED HOME
RECREATIONAL VEHICLES
TRAILER
TRAVEL TRAILER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The person appointed by the Village Board to carry out the
regulations of this section.
See "manufactured home park" (§ 82-4).
Manufactured housing built on a chassis bearing a seal issued
by the Federal Department of Housing and Urban Development. A manufactured
home shall be construed to remain a manufactured home, subject to
all regulations applying thereto, whether or not wheels, axles, hitch,
or other appurtenances of mobility are removed and regardless of the
nature of the foundation provided. All manufactured homes shall have
a minimum of 1,000 square feet of interior floor area, with peaked
roofs.
See "recreational vehicle" (§ 82-4).
See "mobile home" (§ 165-10).
See "recreational vehicle" (§ 82-4).
C.
Regulations.
(1)
No manufactured home shall be located within the Village except in
a designated manufactured home park.
(2)
A manufactured home park cannot be established or created except
upon a tract of land used or intended to be used for the parking of
at least 50 manufactured homes, together with the necessary improvements
and facilities upon the land. No lot or berth shall be rented or leased
for residential uses of a manufactured home unless it meets the requirement
of applicable local codes and ordinances and the state code for construction
and installation of manufactured homes. In general, manufactured home
parks shall:
(a)
Be located where orderly development of a manufactured home
park can be undertaken in harmony with development of the surrounding
area in terms of traffic generation, ease and safety of vehicular
access to and circulation within the park, safety of pedestrian movement,
location of structures, adequacy of off-street parking, placement
and sizing of sewage treatment and water supply systems and other
utilities, safety of fuel storage and supply, provision of open space,
recreation facilities or areas, delivery of services and adequacy
of landscaping and buffering.
(b)
Have generally level to gently rolling topography over an area
of sufficient size to allow development of the manufactured home park
without significant alterations or disturbance of existing substantial
natural amenities or features such as stands of mature trees, stream
courses, shorelines, wetlands, or bedrock outcroppings.
(c)
Be essentially free from adverse, unsafe, or unhealthful conditions,
including, but not limited to, flooding, ponding, poor drainage, erosion,
slumping or other soil instability, breeding areas for insects or
rodents, smoke, noise, odors, heat, glare or toxic or volatile substances.
(d)
Be located in the R-3 Multifamily Residence District of the
Village of Akron.
(3)
Existing manufactured home parks.
(a)
Existing manufactured home parks designed and constructed prior
to adoption of the present standards shall be permitted to remain.
(b)
Any expansion to a manufactured home park must meet all current
standards, as herein described, at the time of its expansion.
(c)
If existing areas of a manufactured home park are redesigned,
or more than 15% of the mobile home sites are redesigned, the existing
portion of the manufactured home park must be modified to meet current
standards.
(d)
Section 165-41C(5)(c) and (6)(c) shall not apply to those manufactured housing parks/communities already in existence at the time of adoption of this section; however, such sections shall apply to an expansion of any such park/community, as stated in § 165-41C(3)(c).
(4)
Restrictions on occupancy. All manufactured homes shall meet the
following requirements:
(a)
No manufactured home shall be allowed unless it bears a date
plate and a manufacturer's label, affixed in the manufacturing
facility, which certifies that it is in compliance with the Federal
Department of Housing and Urban Development manufactured home construction
and safety standards in force at the time of manufacture.
(b)
Every manufactured home shall be installed according to and
in conformity with the New York State Uniform Fire Prevention and
Building Code.
(5)
Park standards. The following standards shall be applicable in all
manufactured home parks:
(a)
In the event individual street addresses are not assigned to
each individual unit within the manufactured home park, each manufactured
home park shall be divided (exclusive of internal roads, open space,
or common areas) and marked off into mobile home sites, the number
being conspicuously posted on each lot with such number to correspond
to the lot shown on the site plan submitted.
(b)
Each manufactured home site shall satisfy the following requirements:
[1]
Minimum site size shall be 7,500 square feet. In special cases,
where innovative park design provides clustering and allows for wide
roads or a greater amount of usable recreation area or open space,
exceptions may be granted. In no case, however, shall the site area
be reduced below 5,000 square feet.
[2]
Minimum site width shall be 75 feet except where exceptions have been made as provided in Subsection C(5)(b)[1].
[3]
One of the lot lines must have minimum length of 100 feet; this
may be either the depth or width of the site, depending upon the approved
design and layout.
(c)
Setbacks and spacing.
[1]
All manufactured homes, including expansions, extensions, or
other additions thereto, patios, porches or garages and all other
structures in a manufactured home park, shall satisfy the following
setback requirements. A detached structure accessory to and located
on the same site with an individual manufactured home shall be considered
part of the manufactured home for the purpose of spacing requirements.
[2]
When individual home site size reduction is employed to preserve
open space within the park, the following setback requirements shall
be met. All manufactured homes, including expansions, extensions,
or other additions thereto, patios, porches or garages shall satisfy
the following setback requirements:
[a]
Minimum of 100 feet from the center line of any
public road.
[b]
Minimum of 30 feet from the center line of any
internal roadway. A four-foot-wide landing area may extend into the
required setback area, provided that the maximum square footage of
such landing shall not exceed 24 square feet.
[c]
A minimum of twenty-five-foot spacing between adjacent
manufactured homes. A four-foot-wide landing area may extend into
the required setback area, provided that the maximum square footage
of such landing shall not exceed 24 square feet.
[d]
Minimum of 10 feet from the rear lot lines.
[3]
No parking lot or storage facility for fuels, supplies or equipment
shall be located within 50 feet of a property line in common with
adjoining property external to the manufactured home park and abutting
a public roadway.
[a]
A manufactured home park shall be surrounded by
a landscaped greenbelt of at least 30 feet from each property line.
The required greenbelt shall not be included in the yard requirements
for the individual manufactured home lot berth.
(6)
Park design requirements.
(a)
Access. Each manufactured home park shall provide for safe,
legal means of access from one or more public roads as follows:
[1]
Access roads shall meet the public roads at right angles and
at compatible grades.
[2]
Entrances shall be located directly opposite or at least 200
feet from the nearest intersection of public roads, if any, and at
least 150 feet from any other entrances to the manufactured home park,
if any.
[3]
Entrances shall have sufficient width to allow reasonable turning
movements of vehicles with manufactured homes attached and of service
or delivery vehicles.
[4]
Entrances shall be located to allow safe line-of-sight distances
to and from their points of intersection with public roads.
[5]
At least two independent entrances and access roads shall be
required to serve all manufactured home parks, per the New York State
Fire Code.
[6]
Access roads connecting manufactured home park interior roads
to public roads shall be Village road standards as approved by the
Code Enforcement Officer.
(b)
Internal roads.
[1]
Internal roads shall be privately owned and maintained and shall
provide for the safe and convenient movement of vehicles, with or
without manufactured homes attached.
[2]
All manufactured home sites shall face on and be serviced by
such internal roads.
[3]
All roads shall be paved and shall be designed, graded and leveled
as to permit the safe passage of emergency and other vehicles at a
speed of 10 miles per hour.
[4]
Straight, uniform gridiron road patterns should be avoided.
Manufactured home clustering, landscaping, and an open space system
is recommended where feasible.
[5]
A turnaround or cul-de-sac shall be provided in lieu of closed-end
roads with a turnaround having an outside roadway character of at
least 90 feet, per the New York State Fire Code.
[6]
All internal roads shall have a minimum thirty-foot right-of-way,
24 feet of which must be paved.
(c)
Parking.
[1]
Each manufactured home shall be provided with at least two off-street
parking spaces adjacent to the manufactured home.
[2]
At least one additional off-street parking space for each three
manufactured homes in the manufactured home park shall be provided
to accommodate guest parking, service, or delivery vehicles. Such
spaces shall be in centrally located parking areas without interfering
with the traffic circulation of internal roads.
[3]
Each parking space shall measure at least nine feet by 20 feet.
[4]
Parking spaces or areas shall have at least four inches of pavement
over eight inches of crushed stone base.
(d)
Recreational areas and open space. Easily accessible and usable
open spaces shall be provided in all manufactured home parks. Such
open space shall have a total area equal to at least 15% of the gross
land area of the park and shall be fully maintained by the park owner.
Part or all of such space shall be in the form of developed recreation
areas to be usable for active recreation purposes.
(e)
Walkways. Manufactured housing parks shall have pedestrian connectivity
integrating the site with its surrounding environment. Where appropriate,
sidewalks or recreational trails shall be created, extended, and connected
to existing or planned off-site sidewalks or trails. A four-foot-wide
hard-surfaced pedestrian walkway may be provided along and at least
five feet from each access road between the entrance to the public
highway and either:
(f)
Water supply. An adequate supply of water shall be provided
for all manufactured homes and service buildings. Where public water
is available, connection shall be used exclusively, unless local authorities
deem otherwise. If a public water system is not available, the development
of a private water supply system shall be approved by the Erie County
Health Department. Fire hydrants shall be located at least within
500 feet of all manufactured homes, service buildings or accessory
structures.
(g)
Sewage. Manufactured housing parks will only be allowed on properties
with public sewer access as approved by the Village Board.
(h)
Garbage and refuse. Garbage and refuse must be properly disposed
of in a timely manner. It shall be the responsibility of the park
owner to ensure that garbage and rubbish shall be collected and properly
disposed of outside of the manufactured home park. Exterior property
areas shall be maintained free from organic and inorganic material
that might become a health, accident, or fire hazard.
(i)
Fuel supply and storage.
[1]
In general, all fuel oil systems, if permitted by the Village
Board, provided for mobile homes, service buildings and other structures
shall be installed and maintained in conformity with the rules and
regulations of the authority having jurisdiction.
[2]
Specific requirements:
[a]
Natural gas.
[i]
Natural gas piping systems installed in manufactured
home parks shall be maintained in conformity with accepted engineering
practices.
[ii]
Each manufactured home lot provided with piped
natural gas shall have an approved shutoff valve and cap to prevent
accidental discharge of gas.
[iii]
Gas piping systems shall be installed and maintained
in accordance with the local gas supply companies' specifications
and regulations.
[b]
Liquefied gas.
[i]
Such systems shall be provided with safety devices
to relieve excessive pressures and shall be arranged so that the discharge
terminates at a safe location.
[ii]
Systems shall have at least one accessible means
for shutting off gas. This means it shall be located outside of the
individual manufactured homes.
[iii]
All liquid propane gas piping shall be well supported
and protected against mechanical injury.
[iv]
Storage tanks shall not be less than 100 pounds
and must be located at the rear of manufactured homes and no closer
than five feet from any exit.
[v]
It is recommended that a central underground gas
storage system be furnished.
(j)
Electrical service.
[1]
Every manufactured home park shall contain an electrical wiring
system consisting of wiring, fixtures, equipment, and appurtenances
which shall be installed and maintained in accordance with local electrical
power companies' specifications and regulations. All wiring fixtures
must have the New York Board of Fire Underwriters' approval or
other authority as designated by the Village.
[2]
Each manufactured home stand shall be supplied with not less
than 100 ampere service or shall be compliant with current HUD requirements.
[3]
Adequate lights shall be provided to illuminate streets, driveways
and walkways for safe movement of vehicles and pedestrians at night.
A minimum lighting level of 0.3 footcandle shall be provided.
[4]
All electrical distribution lines shall be placed underground.
(k)
Telephone service. When telephone service is provided to manufactured
home sites, the distribution system shall be placed underground.
(l)
Park office and storage facilities. The owner or manager of
a park shall maintain office and storage facilities in the immediate
vicinity of the park.
(m)
Storage facilities. Each manufactured home park may provide
a maximum 120-square-foot storage shed per housing site. Such facilities
shall be located so as to meet a five-foot setback from side and ten-foot
setback from rear site property lines on individual housing sites.
(n)
Service buildings.
[1]
Shall provide bathroom facilities in accordance with new state
building codes based on size and occupancy of the service building.
[2]
All service buildings and grounds of the manufactured home park
shall be well lighted and maintained in a clean, sightly condition
and kept free of any condition that will menace the health of any
occupant or the public or constitute a nuisance.
(o)
Soil and ground cover requirement. Exposed ground surfaces in
all parts of every manufactured home park shall be paved or covered
with stone screenings or other solid material, or protected with a
vegetative growth that is capable of preventing soil erosion and of
eliminating objectionable dust.
D.
Permit required; application.
(1)
It shall be unlawful for any person to construct, alter or extend
any manufactured home park unless he holds a valid permit issued by
the Village Board in the name of the person for which the specific
construction, alteration or extension is proposed. This subsection
does not apply to the replacement of manufactured homes in a manufactured
home park already in existence at the time of adoption of this section.
(2)
All applications for permits shall be made to the Village Board and
shall contain the following:
(a)
The name and address of the applicant.
(b)
Interest of the applicant in the manufactured home park.
(c)
The location and legal description of the manufactured home
park, including a map showing the physical characteristics of the
property (i.e., topography, vegetation and wetlands).
(d)
Complete plans and specifications of the proposed park showing:
[1]
The area and dimensions of the tract of land.
[2]
The number, location, and size of all manufactured home lots.
[3]
The locations and size of service buildings and other proposed
structures.
[4]
The location and width of roadways and walkways.
[5]
The location and size of water and sewer lines and riser pipes.
[6]
Plans and specifications for all buildings constructed within
the manufactured home park.
[7]
Plans and specifications of the water supply, refuse disposal
and sewer disposal facilities.
[8]
Proposed lighting and electrical systems.
[9]
The phasing of the development, if any.
[10]
Any and all information as may be required by
the Village Board, Planning Board and Engineer.
(3)
All applications shall be accompanied by a fee as set by the Village
Board. The Village Board, upon review by the Planning Board and Village
Engineer, whose fee shall be paid by the developer, shall approve,
approve with modifications, or disapprove such application and shall
report its reasoned decision to the applicant. When, upon review of
the application, the Village Board and Code Enforcement Officer are
satisfied that the proposed plan meets the requirements of this section,
a permit shall be issued.
(4)
Public improvements. No improvements shall be installed or constructed until a public improvement permit therefor has been obtained per Chapter 119, Public Improvement Permits, of the Code of the Village of Akron.
(5)
Stop-work order. A stop-work order may be issued by the Code Enforcement
Officer requiring that all construction stop immediately if construction
of improvements is not as approved in the permit process.
E.
Licensed required; fees. Any person, partnership, association, or
corporation being the owner or occupant of any land within the Village
of Akron shall not use or allow the use of such land for a manufactured
home park unless a license has been obtained as therein provided.
(1)
Issuance of license. The Village Clerk of the Village of Akron shall
issue a license to be effective from the day of issuance to and including
December 31 of that same year. This license will be issued upon approval
of the Village Board only after receipt of the following items:
(a)
A written application, verified by the applicant, identifying
the owner(s) of the manufactured home park and a contact person.
(b)
Approval of the Erie County Health Department of the manufactured
home park operation.
(c)
The required fee as established by the Village Board.
(d)
Approval by the Code Enforcement Officer and/or Village Planning
and Zoning Officer.
(2)
Original license. In addition to the above requirements, applications for original licenses shall contain the location and legal description of the manufactured home park and a site plan showing all manufactured home lots, structures, roads, walkways, and other service facilities per § 165-41D of this chapter.
(3)
License renewal. An application for the renewal of any manufactured
home park license issued in accordance with the provisions of this
section must be filed with the Village Clerk on or before December
1 preceding the expiration of the license.
(4)
Revocation of license.
(a)
Whenever the Code Enforcement Officer finds a violation of any provision of this section, a written notice shall be issued with a copy presented to the Village Board. Such notice shall state the violation and specify a time period within which corrections must be made. Procedures as described in § 165-41H shall be followed for all suspected violations.
(b)
Any manufactured home park operator found guilty of a violation
at the manufactured home park may have his/her operating license revoked
with the approval of the Village Board.
(5)
Relicensing. If the owner or operator of a manufactured home park whose license has been revoked under § 165-41E(4) shall thereafter correct such conditions and bring the manufactured home park into compliance with this section, such owner may then apply for the issuance of a new license under § 165-41-E(1) of this chapter. If the application is approved by the Village Board and a license granted, the applicant shall pay to the Village Clerk the required fee without any credit for the fee paid for the license which was revoked.
F.
Inspection of manufactured home park. The Code Enforcement Officer
shall make any inspections that are necessary to determine satisfactory
compliance with this section and regulations issued thereunder and
any other applicable laws. The Code Enforcement Officer shall have
authority to inspect the register containing a record of all residents
of the manufactured home park.
G.
Responsibilities of park management and occupants; occupancy restrictions.
(1)
Responsibilities of park management.
(a)
The manufactured home park licensee shall operate the park in
compliance with this section and regulations issued hereunder and
shall provide adequate supervision to maintain the park, its facilities
and equipment in good repair and in a clean and sanitary condition.
[1]
Any applicable state laws must be adhered to and uniformly applied
concerning management and operation of the manufactured home park.
[2]
All service and outbuildings shall be maintained so as to meet
applicable building codes as well as maintained in good repair and
in a clean and sanitary condition.
[3]
All abandoned homes shall be secured in a manner acceptable
to the Code Enforcement Officer or removed from the site.
(b)
It shall be the licensee's responsibility to notify park
occupants of all applicable provisions of this section and inform
them of their duties and responsibilities under this section and regulations
issued hereunder.
(c)
The licensee shall supervise the placement of each manufactured
home on its manufactured home stand which includes installing all
utility connections.
(2)
Responsibilities of park occupancy.
(a)
The park occupant shall comply with all applicable requirements
of this section and regulations issued hereunder and shall maintain
his/her manufactured home lot, its facilities and equipment in good
repair and in a clean sanitary condition.
(b)
The park occupant shall be responsible for proper placement
of his/her manufactured home on its stand and proper installation
of all utility connections in accordance with the instructions of
the park management.
(3)
Restrictions on occupancy. A manufactured home shall not be occupied
for dwelling purposes unless it is properly placed on a manufactured
home support system and connected to water, sewage and electrical
facilities and received a certificate of occupancy from the Code Enforcement
Officer for each new connection.
H.
Violation remedy procedures; penalties for offenses.
(1)
Violation remedy procedures.
(a)
Initiating a complaint. Whenever a violation of this section
occurs, the Code Enforcement Officer, a Village Officer or an aggrieved
citizen may initiate a complaint.
(b)
Recording the complaint. The Code Enforcement Officer shall
proceed to properly record, file and investigate the complaint.
(c)
The Code Enforcement Officer shall obtain a verbal promise by
the violator to correct the violation within a specific time period.
(d)
Notice of violation. If the violation persists, the violator
shall be notified by certified mail as to the manner in which he/she
is in violation. The violator will have 10 days from the mailing date
to rectify the violation or remedy the situation.
(e)
Filing/service of appearance ticket. If the violation persists,
an appearance ticket shall be served to appear in local court.
(2)
Assessment of costs and expenses. The Village shall assess all costs
and expenses incurred by it in connection with securing or repairing
any unsafe conditions, which were reported and notremedied, against
the violator.
(3)
Penalties, any person, firm, partnership, or corporation convicted
of a violation of this section shall be subject to a fine not exceeding
$250 for each day of said violation, if continuous.
A.
Requirements by usage: In all districts, every industrial,
business, institutional, recreational, residential or any other use
shall provide at the time any building or structure is erected, enlarged
or increased in capacity, off-street parking and loading spaces for
motor vehicles in accordance with the requirements of this and other
applicable sections of this chapter.
B.
Size and location requirements of off-street parking
spaces.
(1)
The size of off-street parking spaces shall be 10
feet wide by 20 feet long for all side-by-side parking or eight feet
wide by 23 feet long for all parallel parking.
(2)
Off-street parking facilities shall be located as
hereinafter specified; where distance is specified, such distance
shall be measured from the nearest point of the parking facility to
the nearest point of the building or use such facility is required
to serve. Off-street parking spaces shall be allowed in required yards
except where specifically prohibited by this chapter.
(a)
Multiunit dwellings: not more than 200 feet
from the building they are required to serve.
(b)
For hospitals, sanitariums, convalescent, nursing
and rest homes, homes for the aged, retirement homes, private clubs,
lodges and offices: not more than 100 feet from the building they
are required to serve.
(c)
For uses other than those specified above: not
more than 300 feet from the building they are intended to serve.
(3)
In stadiums, churches and other places of assembly
in which patrons or spectators occupy benches, pews or other similar
seating facilities: each 20 inches of such seating facilities shall
be counted as one seat.
(4)
Whenever there is a change in use, or an increase
in floor area, or other unit of measurement, and such change and such
increase creates a need for an increase of more than 10% in the number
of required off-street parking spaces, as determined by the requirements
in this section, additional off-street parking spaces shall be provided
in accordance with this section for that addition or change in use.
C.
Required number of parking facilities.
(1)
The number of off-street parking facilities required
shall be as follows:
|
Use
|
Parking Requirement
|
|---|---|
|
Auditorium
|
1 for each 5 seats
|
|
Automobiles or machines sales and service
|
1 for each 300 square feet of floor area
|
|
Banks, business and professional offices
|
1 for each 200 square feet of floor area
|
|
Bowling alleys
|
5 for each alley, plus the necessary space as
set forth in this section for affiliated uses such as bars, restaurants
or other commercial uses
|
|
Churches
|
1 for each 5 seats in places of worship
|
|
Dance halls and assembly halls without fixed
seats; exhibition halls, except church assembly rooms in conjunction
with auditorium
|
1 for each 100 square feet of floor area used
for assembly or dancing
|
|
Dwellings
|
2 for each family or dwelling unit
|
|
Funeral home, mortuaries
|
6 for each reposing room or parlor
|
|
Hospitals
|
1 for each 3 beds
|
|
Rooming houses, lodging houses
|
1 for each 2 bedrooms
|
|
Libraries, museums or galleries
|
1 for each 600 square feet of floor space
|
|
Manufacturing plants, research or testing laboratories,
bottling plants
|
1 for each 300 square feet of floor area
|
|
Medical and dental clinics or offices
|
1 for each 200 square feet of floor area
|
|
Motels and hotels
|
1 for each living or sleeping unit
|
|
Restaurants, cafe and night clubs
|
1 for each 200 square feet of floor area
|
|
Retail stores, shops, etc.
|
1 for each 200 square feet of floor area
|
|
Sanitariums, convalescent homes, homes for the
aged, children's homes
|
1 for each 3 beds
|
|
Theaters, assembly halls, other than schools
|
1 for each 5 seats
|
|
Wholesale establishments or warehouses
|
1 for each 3,000 square feet of floor area
|
(2)
In the case of a use not specifically mentioned above,
the requirements for off-street parking facilities to which said use
is similar shall be as set forth by the Code Enforcement Officer.
D.
Off-street parking facilities shall adhere to the
following:
(1)
Off-street parking space shall be provided as further
specified in this chapter and shall be furnished with necessary passageways
and driveways. All such space shall be deemed to be required space
on the lot on which it is situated and shall not be encroached upon
or reduced in any manner. All parking areas, passageways and driveways
(except where provided in connection with one-family residences) shall
be surfaced with a dustless, durable, all-weather pavement, clearly
marked for car spaces and shall be adequately drained, all subject
to the approval of the Code Enforcement Officer.
(2)
None of the off-street parking facilities as required
in the chapter shall be required for any existing building or use,
unless said building or use shall be enlarged.
(3)
The collective provision of off-street parking areas
by two or more buildings or uses located on adjacent lots is permitted,
provided that the total of such facilities shall not be less than
the sum required of the various buildings or uses computed separately,
and further, provided, that the land upon which the collective facilities
are located is owned or leased by one or more of the collective users.
(4)
All parking areas and appurtenant passageways and
driveways serving commercial uses shall be illuminated adequately
during the hours between sunset and sunrise when the use is in operation.
Adequate shielding shall be provided by commercial users to protect
adjacent residential zones from the glare of such illumination and
from that of automobile headlights.
(5)
Access drives or walkways to any B or I District through
any R District shall not be permitted.
(6)
Off-street parking areas located in commercial zones
and which provide parking for 20 or more vehicles shall be provided
with shade trees of a type approved by the Code Enforcement Officer
and located not greater than 60 feet on center.
A.
General provisions. The provisions of this section
shall govern outdoor signs and display structures with respect to
location, size and maintenance.
(1)
No sign shall be erected or structurally altered except
in conformance with this chapter.
(2)
No sign shall project closer than two feet to any
curb face or traffic lane and shall be maintained with at least 10
feet of unobstructed area between the sidewalk and any part of the
sign or its supports.
(3)
No sign shall be erected whereby creating a traffic
hazard due to its location.
(4)
Any sign which projects over any public right-of-way
shall be insured against mishap to the satisfaction of the Village
Board by surety bond, cash bond, insurance or other such financial
guarantee acceptable to the Village Board.
(5)
No person shall erect or maintain a sign which obstructs
free ingress to or egress from a required door, window, fire escape
or other required exitway.
(6)
No sign shall in any way have the characteristic or
shape of any traffic control device or highway sign.
(7)
No sign shall be permitted which is painted directly
on the side or wall of any building.
(8)
No sign shall be permitted which flashes.
(9)
No sign shall be erected without a building permit.
(10)
No sign illumination shall be permitted with
direct lighting which shines on any other property or is visible from
any right-of-way.
(11)
Any sign now or hereafter existing which no
longer advertises a bona fide business conducted, or a product sold,
shall be taken down and removed by the owner, agent or person having
the beneficial use of the building or structure upon which such sign
may be located.
(12)
Christmas displays are exempt from these regulations,
except that such display shall be erected in such a manner that it
remains affixed for the duration of the season.
(13)
Other signs exempted are:
(a)
Legal notices.
(b)
House numbers.
(c)
Traffic control signs and devices.
(d)
Such temporary signs, not exceeding 30 days
duration, as may be granted by the Board of Appeals. Only those signs
advertising on-site products or uses shall be permitted. Billboards
displaying any product or use not located on the same premises are
hereby prohibited.
B.
Signs for nonconforming uses.
(1)
Directional or name signs or signs pertaining to or
advertising products sold on the premises of a nonconforming building
or use may be continued only when the nonconforming use is permitted
to continue, and any such signs shall not be expanded in area, height,
number of illumination.
(2)
New signs for a nonconforming use in an R District
shall be permitted not exceeding 30 square feet of exterior surface
and may be erected only after all other signs are removed.
C.
The following signs are permitted in each use district:
(1)
R-1 and R-2 Residence District:
(a)
An unlighted sign of not over one square foot
in area for home occupations and professional identification.
(b)
One sign, which may be illuminated for permitted
funeral homes, located on the building and not exceeding nine square
feet in area.
(c)
One illuminated bulletin board or identification
sign not exceeding 40 square feet for any school, hospital or any
public or semipublic uses.
(d)
One unlighted real estate sign advertising the
sale, rental or construction on only the premises on which it is maintained,
not exceeding a total area of 12 square feet. Such sign shall be removed
upon completion of the project or within 90 days, whichever occurs
first.
(e)
One temporary unlighted sign not exceeding 100
square feet in area in a real estate development containing 25 or
more dwelling units. Such sign shall be removed within three years
of the date of its construction.
(3)
CBD Central Business District and B-1 Local Business
District: any sign not prohibited elsewhere in this chapter limited
to no more than 100 square feet of area on either of two faces. The
maximum height shall be 30 feet from ground level.
(4)
I-1 and I-2 Industrial Districts: four hundred square
feet for each use or any one industry in a building covering more
than 55,000 square feet of land area in an I-1 or I-2 District shall
be permitted oversize sign area, calculated at 2% of the floor area
over 40,000 square feet, but in no case shall any sign in either an
I-1 or I-2 District be larger than 1,000 square feet. The maximum
height shall be 30 feet from ground level.
The following ordinances are hereby repealed:
all sections of Chapter XI of the Village Ordinances except for §§ 1,
5, 15, 16, 17, 19, 20, 21, 22, 23, 25, 28 and 30 of said chapter of
said ordinances.[1]
