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HomeMy WebLinkAbout#174 Amended Ord. #99 ~ ~ , ~ • STATE 4F MME50TA CO[1NTY OF RAMSEY VILLAGE OF ARDEN HILLS ORDINANCE A10. f~4 AN O12DINANCE AMENDING ORDTNANCE N0. 99, THE ZONING ORDINANCE BY CHANGII3G THE PROVTSIONS RE SPECIAL USF PERMITS, ADDIATG A PROVISION PRESCRTBING PERFQRMANCE STANDARDS FOR DRIVE-IN BUSINESSES AND AUTOMOBILE SERVICE STATIONS AND AMEDTDING THE PROVTSION RE ENFORCING OFFICER AND PENALTY; AND REPEALING ORDINANCES NO. 152, 130, ANp SECTIONS 1(c) AND (d) OF ORDINANCE NO. 138. The Villaqe Council.of the Village of Arden Hills does hereby ordai.n a$ follows : Section l. Amendment of Section III, Subdivision F. of Ordinance o. 99, e onin inance. Subdivision F., en i e pecYa ses enera aement", of Section III., entitled "District Pravission$", is hereby amended in its entirety to read as foliows: , F. Special Use Permits. 1. General Statement. It is recQgnize that'certain uses o£,land, although generally compatible with the basic use classificatian of a particular zoning district, should not be germitted generally and as a matter of right to-be,located in every area included within the zaning district becaute of hazards inherent in the use itself or special problems which its proposed location may present. Such a use of a particular site may, nevertheless, be specifically permitted by means of a Special Use Permit, granted by the Council, after the.procedures set forth in this Ordinance have been compla.ed with and the Councii, on the basis of the guidelines and criteria set forth in this Subdivision, has determined tlzat the facts and circumstances of the particular case warrant granting the Permit. The Permit sha11 be granted solely for the proposed use of a particular site, not for a particular person or firm. 2. General, Criteria For Grantin S ecial Use Permits. In eteraining w e er to grant a pecia Use Permit f4r the proposed use of a particular site, the CourYCil shall consider the factual findings, conclusions, and recoaimendations of the Planning Conmissi4n, as contained in its report, and both shall consider the effect of the proposed use -1- ~ ~ ~ . ' , f - , . . ` \ , . . . upon the health, safety, convenience, morals, aiad general welfare of the owners and occupants of aurrounding land, in particular, and the community as a whole, in general, including, but not limited to, the following factors: existing and anticipated traffic and parking conditions; noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; drainage; population density; visual and land use compatibility with uses of, and structures on surrounding 1and; adjoininq land values; and the orderly development of the neighborhood and the Viliage within the general purpose and intent of this Ordinance and the Comprehensive Plan. 3. Additional Criteria For Grantin S ecial Use Permits For Drive-In Business an Automo i e ervice Stations. Because rive-in businesses and automobile service stations present certain unusual problems, the Council and the Planning Commission, in addition to the general criteria enumerated above, shall cansider and be guided by (in the case of application for drive-in businesses) and shall make specific findings (in the case of application for autamobile service stations) in regard to the following guidelines and criteria for each use: a. Drive-In Businesses. ~ 'i. No drive-in business sha11 be located within 400 feet of a public, private or parochial school, a church, a public recrea'tion area, or any residentially zoned property. iie No drive-in business shall be located on a street other than,one designated as a thoroughfare or business service road on the Comprehensive Plan. iii. A driue-in business shall not be located on the site if the probable result of such location would be to unreasonably increase traffic volume on nearby residential streets. iv. No drive-in business shaTl be located on a lot of less than 24,000 sq. ft. b. Automobile Service Stations. i. The desirability of operation of an automobile service station at the proposed location with reference to . whether it will cause an unreasonable disturbance o£ peace and quiet in the neighborhood. -2- ~ . ~ ~ . . . . ti~., .,...Y... ii. The probability of interference with traffic or the creation of unreasonable traffic hazards by reason of the proposed operation, and•in connection with this a determination shall be made as to ~ whether the roads immediately ad- joining and secondarily serving the proposed location are adequate to handle the proposed traffic. iii. The probability of interference with the rights of surrounding property owners by reason of traffic, noise or lighting at the proposed site. iv. The suitability of an automobile service station on the proposed site with relation to the pro- jected future development of the surrounding property'as proposed or projected in the Zoning Ordin- ance ar the Comprehensive Develop- ment Plan. 4. Imposition of Conditions in Granting of Special Use Permit. In t e granting of a Special Use Permit, the Council may impose such special conditions, in addition to the general conditions and require- ments of this Ordinance to which every Special Use Permit shall- be subject, as it deems necessary to serve and protect the health, safety, convenience and general welfare of the comnunity. Such conditions may include, among other things, a time limit within which the permitted use, or a portion thereof, or improve- ments in connection therewith are to be estab- lished, constructed, completed, or commenced and a requirement that the person or firm to whom the Special Use Permit has been granted deposit with the Village either cash or a performance bond in a sum equal to 125$ of the estimated cost, as determined by the Village Engineer, of improvements to be constructed in accordance with the Permit to insure completion thereof within the time limit specified in the Permit. The conditions so imposed by the Council shall be specificaZly stated in the Permit. 5. Chan e in Permitted Use. A ter e Specia Use Permit has been granted, the use permitted thereunder shall be established, conducted and maintained in conformity with the terms thereof, including all conditions set torth therein. Any change in the permitted use such as, for example, structural alteration, enlargement, or intensification thereof, or similar change not specifically permitted by the Permit, shall re- quire an amended Permit, and all procedures shall apply as if a new Permit were being requested; .3• . ~ lw provided, however, that when such changes are deemed to be insignificant by the Zoning Administrator the requirements of a public hearing and Planning Commi.ssion consideration may be waiyed and the matter referred directly to the Council for consideration and action. 6. Automatic Ex iration. In t e event a Special Use Permit does not cantain as a special condition a time limit, it shall automatically expire and become void six (6) months from and after the date on which it was granted unless the use for which it was granted has been sub$tantially estabZished or constructed or unless, upon written application made by the person or firm to whom the Permit ' was grantecl within such six months the Council shall have extended the expiration date of such Permit for an additional period, not to exceed six months. If the use for which any Special Use Permit has been granted has ceased or has been discontinued far a period of ninety (90) conseeutive days, the Permit shall automatically expire and become void at the end of such ninety (90) day period. 7. Special Uses Which May Be Permitted In Zonin2 Districts. Tie~o owing Zist is a tabulation of each par- ticular use of land which, although generally compatible with the basic classification of the particular zoning district under which it is listed below, shall only be permitted to be located on a site in that zoning district after the Coun- cil has granted a Special Use Permit therefor pursuant to the provisions of this Subdivision. This list of possible permitted uses in the var- ious zoning districts shall be considered ex- clusive to the end that no building or site in a particular zoning district shall be authorized by Special Use Permit to be devoted to a use which is not designed for that particular district hereinbelow. a. In Residential Districts: i. Institutional housing; ii. Churches, private schools, public schools and parochial schools; iii. Greenhouses and seasonal businesses (retail and wholesale); iv. Swimming pools (including all associated or accessory structures); v. Golf courses; vi. Fences across front yards exceeding 2 1/2 feet in height; vii. Residences housing two or more families; viii. Accessory structures other than those listed as permitted; 4. ~ -low- qW ~z , ix. Home occupations; X. Public uses; xi. Mobile Home parks. b. In Limited Business Districts: i. Institutional housing; ii. Clubs and lodges, non-profit; iii. Mortuaries; iv. Private colleges and institutions; v. Seasonal businesses; vi. Residences housing two or more families. c. In Retail Business Districts: i. Music, dance or business schools; ii. Automobile service stations; iii. Clubs and lodges, non-profit; iv. Commercial recreation; v. Fue1 sales; vi. Mortuaries; vii. Restaurants with live entertainment and dancing; viii. Veterinary clinics or offices; ix. Motels. d. In General Business Districts: i. Clubs and lodges, non-profit; ii. Car washes; iii. Veterinary Clinics or offices; iv. Commercial recreation; v. Automobile service stations; vi. Drive-in businesses. e, ln Lfmited _lndustry_[7i5firie'fs: i. Storage, utilitation, or manufacturing of explosives, dynamite, or flammable gases and liquids; -5- W %i ~ , . ii. Open storage, where said storage is accessory use; iii. Railroad storage and switching, yards and rail lines; iv. Automobile service stations; v. Restaurants; vi. Refuse, trash, or garbage disposal, incineration, or reduction; vii. Transportation terminals as accessory uses; viii. Commercial recreation. f. In all Districts: i. Farms; ii. Golf courses and country clubs; iii. Broadcasting or reception antenna or towers over 45 feet in height (zneasured from average grade level); iv. Public schools; v. Railroad lines; vi. Utility sub-stations; vii. External storage not accessory to a principal use, except those currently being used for construction on the premises ("currently" meaning within a period of 18 months); viii. Excavating business--sand, gravel, black dirt, sod, or rock; ix. Land reclamation, mining and soil pro- cessing; x. Armories, convention halls, and similar uses; xi. Overhead and underground utilities not included as part of an approved and officially recorded subdivision; xii. Private or semi-public and public out- door recreation areas and uses designed for use by more than 30 persons at any one time. .6. r , _ 8. Issuance of Buildin Permit Before S ecial Use Permit Pro i ited. No Bui ing ermit s all be issued for any use in a zoning district which requires the issuance of a Special Use Permit before it can be Zocated in a particular district until after the Special Use Permit has been granted by the Council. 9. Limitation an Issuance of S ecial Use Permit. Specia Use Permit may neit er e issue or the purpose of granting an adjustment or vari- ance trom the provisions of this Ordinance nor for any use not authorized hereby for the speci- fic zoning district for which the Permit is sought. Section 2. Amendment of Section IV Entitled "Performance Standar s, o Or inance No. 99, t e on:in Or inance. Section IV, entitled Performancd Standards", is here y amended by adding the followi.ng Subdivision: R. Drive-In Businesses and Automobile Service Stations. 1. A lot to be used for drive-in business or auto- mobile service station purposes shall be land- scaped at least to the following depths from each lot line; a. 20 feet from the front lot line except for approved access drive; b. 10 feet from each side lot line; and c. 15 feet from each rear lot line. 2. Electronic amplification devices such as, for example, but not lim3ted to, loud speakers, antomobile service order devices, drive-in theater car speakers, and similar instruments shall not be located on such lot within 50 feet of any adjacent lot regardless of use or zoning district. 3. The parking area of such lot shall be paved with asphalt or concrete to specifications approved by the Council. 4. All curbing required by the Council on such lot shall be concrete, and a box curb not less than six inches above grade shall separate the public right-of-way from the motor vehicle service areas, except as approved entrances and exits. 5. Adequate area shall be designed for snow storage such that clear visibility shall be afforded from the property to any public street. 6. A suitable screening fence shall be erected along all property lines except those which are also public right-of-way lines. Said fence shall be of a type and design approved by the Council.. Planting, of a type approved by the Council may also be required in addition to or in lieu of fencing. .7, 7. The design of all structures shall be com- patible with other structures in the surrounding area. 8. No permanent or temporary signs visible from the public'street shall be erected without approval from the Council. 9. No site plan shall be approved which proposes anything on such lot which in any way might constitute a hazard to vehicular or pedestrian circulation. No access drive shall be within 50 feet of intersecting street curb lines. 10. Access to public streets or other public ways shall be from at least two points on the subject premises. 11. With respect to automobile service stations, any building proposed to be used as a service station shall be constructed and maintained as required by the rules and regulationa of the State Fire Marshal governing the handling, storage and trans- portation of flamnable liquids. Every facility, whether underground or above-grQUnd and whether indoors or• out of doors, for the handling, storage, and movement of flammable liquids shall likewise be constructed and maintained in accordance with the rules and regulations of the State Fire Marshal. Section 3. Amendment of Section V Subdivision C of Ordinance No. 99, the Zoning Ordinance. Su ivision C, entitled Sp cial Use Permits , of Section V, entitled "Administration", is hereby amended in its entirety to read as follows: C. Special Use Permits. The procedure for issuance of Special Use Permits shall be as follows: 1. Application. The applicant for a Special Use Permit shall fill out and submit to the Zoning Administrator an application together with the required fee and six copies of the documentation required by the next Paragraph in this Subdivision. 2. Documentation Re uired. The,applicant s a ile along with the required application fee the following documentation to support his application for a Special Use Permit unless, in the opinion of the Zoning Administrator, certain of the following documents, or parts thereof, can be waived until further request: a. Ownershi Re ort. The owners ip report shall show the apparent record owners of the property which is the subject of the applicatian, and those within 350 feet of the outer limits thereof. If the applicant is not the record owner of the property, written consent of the owner shall also be filed. 8• ~ b. ~Surv~e The survey shall contain the following data: i. Thp date, north point, map scale, name and address of the applicant, owner, operator, surveyor, engineer, and designer including their license numbers and seals; ii. A correct legal description of the subject property made and certified to by a registered land surveyor; iii. Depiction of all water courses, Iakes, marshes, wooded areas, rock outcrops, power transportation poles and lines, gas lines, single trees with a diameter of eight (8) inches or more as measured three (3) feet above the base of the trunk, and any other significant existing features. iv. Delineation of topography of subject prop- erty with contour intervals of not more than two (2) feet and supplementals of one (1) foot in extremely flat areas, the data for which shall be derived from the fifth general adjustment of 1929; v. The location, right-of-way width, dimension, and names of existing or dedicated streets or other public ways, and parks and other public lands, permanent buildings and structures, easements, section and corporate lines within the subject property and within a distarace of 350 feet of the outer limits thereof. vi. Descriptions, reference ties and elevations of all bench marks; vii. Location of all monuments, existing at the time of the survey and those which the surveyor shall have located at the corners of the subject praperty; and viii. Reference to and relations of municipal, township, county or section lines to lines of the subject property by distances, angles, radii, internal angles, points and curva- ' tures, tangent bearings and lengths of aIl ares. c. Site Plan T e szte plan shall contain such information as may be deemed necessary or desirable including, but not limited to, the following: i. Location of all existing and proposed build- ings and structures on and within 350 feet of the outer limits of the subject property, along with their heights, square footage and dimensions; 9. w: 7M7 ~ 3 . . . , w. . .:.,w.: . ii. Location of curb cuts, driveways, parking spaces and off-street loading areas; Location, size, and type of stoarage facil.ities for the storage of trash, waste materials, and snow; iv. Plans for drainage, erosion control, sedimentation control and dust control; and v. Location of utilities. d. Lighting Plan The lighting plan shall show the location and type of any exterior Iighting to be used to illuminate the proposed site. e. Plantin Plan e p anting plan shall indicate the location, size, and type bf all proposed planting materials to be used on the site. f. Structural Plans i. Elevation drawings or illustrations indicating the architectural treat- ment of all proposed buildings and structures. ii. General floor plans of all propased buildings and structures. iii. Type of use, number of employees, users or occupants expected. iv. Type, location and treatment of interior and exterior mechanical devices, such as vents, exhaust fans, air conditioners, and elevators. v. Design layout and size of all pro- posed signs. vi. Outline specifications for the proposed structures. 3. Referral to Planning Commission. Upon the receipt of the application and the six copies of the documentation required by the pre- vious Paragraph, the Zoning Administrator shall place the matter of the application on the agenda for the Planning Commission's next regularly scheduled meeting unless such meeting is within seven days of such receipt. In the event the applscation is received by the Zoning Administra- tor within seven days of the next regularly scheduled Planning Commission meeting, it shall be placed on the Planning Commission's agenda for the next subsequent scheduled meeting thereof, (either special or regular). 4. Referral to Others. T e Zoning Administrator shall also refer copies of the application and required documentation in support thereof to other Village officials who ~Q • . 3 ~ ~ F~ ~ have an interest therein in accordance with the administrative distribution schedule as from time to time established and maintained by the Zoning Adninistrator. 5. Plannin Commission Review. T e P anning Commission s all review the applica- tion and documentation in support thereof and upon finding them to be complete, with the owner- ship approved by the Attorney, shall instruct the Zoning Administrator to schedule a public hearing with all reasonable'promptness after such determination. 6. Official Nqtice of Public Hearing. a. Published Notice. T e Zoning Administrator shall cause to be - published in the official newspaper of the Village at least ten (10) days but not more than thirty (30) days prior to the date of the public hearing on the application for a Special Use Permit, a notice describing the proposed use and site therefor and setting forth the location, time, date, and purpose of such hearing. b. Mailed Notice. In addition to the notice required above, a similar notice shall be mailed by the Zoning Administrator at least ten (10) days prior to the date of the official public hearing on the application, to each owner of property situated wholly, or partly within 350 feet, of the property to which the application for Special Use Permit relates.. c. Record of Notice. A copy o e notice and a list of the names and addresses to which the notice was sent shall be attested to by the Zoning Administratar and shall be made a part of the records of the proceedings. d. Failure of Written Notice. The failure to give mai ed notice to individual property owners shall not in- validate the proceedings, provided a bona fide attempt to comply with this subdivi- sion has been made. 7. Public Hearin . T e P anning Commission shall conduct the public hearing. The applicant or his representative shall be given the opportunity to appear before the Planning Commission to answer questions or give explanations regarding the proposed special use. The Planning Commission may adjourn the public hearing to its next meeting, either regular or special, and may continue its study and consideration of the application at meetings subsequent to the meeting at which the public =s r s hearing was initially held. Upon completion of the public hearing and its study and considera- tion of the application, the Planning Commission shall submit its written report, containing its findings, conclusions, and recommendations as to the application,to the Council. No Special Use Permit shall be granted by the Council until a public hearing has been held thereon by the Commission, and the report of the Commission has been received by the CounciZ. 8. Action by the Council. Within sixty (60) days following the date of the receipt of the Planning Commission's report, the Council shall act upon the application for a Special Use Permit, The Council may, only upon written request by the applicant, extend its time for consideration and action. A ma;ority of the full Council shall be required r.o grant a Special use Permit. Nothing in this Paragraph shall prohibit the Council from holding such additional hearings as it deems necessary within the sixty (60) day period following the receipt of the report of the Commission. Council action may include approval in whole or part, denial in whole or part, tabling for a specified period of time, or referral back to the Planning C ommission for its further consideration and report to the Council within a specified period of time not to exceed sixty (60) days from the date of such re-'referral. The applicant shall be notified in writing of the Council's action. 9. Denial of S ecial Use Permit. In t e event t e Counci enies in whole or in part the application for a Special Use Permit, it shall furnish the applicant with a written document advising him of the denial and specify- ing the factual bases and reasoning upon which the denial was predicated. 10. Re-Submission of A lication Denied. No app ication or a SpecYa Use Permit which has been denied by the Council shall be re- submitted for a period of at least six (6) months from the date on which said application was denied. 11. Amendments of S ecial Use Permit. An amende Special Use Permit application shall be administered in a manner similar to that re- quired for a new Special Use Permit. Such appli- cations shall include re-applications for Permits that have been denied, revoked, or have expired; renewal of temporary Permits; requests for changes in conditions; and such other instances as are provided for in this Ordinance. 12. . , . , ~....,:.:.,.a..~.... u.,,. : s... . : ~ . . - - - , H 12. Periodic Review. A perio ic review of the Permit and its conditions shall be maintained. A violation of any condi- tion set fprth in the Permit shall be a violation of this Ordinance, and shall be cause for revo- cation of the Permit. In the event that the Council proposes to cancel or revoke a Special Use Permit, except where such Permit expires at a certain time by its own terms, the Council shall cause written notice thereof to be given to the occupier and owner, and they shall have an oppor- tunity to be heard, but no further notice need be given. 13. Administrative Records. T e Zoning A inistrator shall maintain a record of all Special Use Permits issued, including in- formation on the use, location, conditions imposed, time limits, review dates, and such other informa- tion as may be appropriate. It shall be the responsibility of the Zoning Administrator to advise the Council of any expiring time limitjprior to expiration and/or violation of any Special Use Permit. Section 4. Amendment of Section VIII Subdivision A of Ordinance No. 99, t e Zonin Ordinance. S div1szon A, entit e Enforcing Of icer an Pena ty", of Section VYII, entitled "Enforcement", is hereby amended in its entirety to read as follows: A. Enforcinq Officer and Penalty. s Ordinance shall be aaministered by the Zoning Administrator and enforced by the Village Council which may institute in the name of the Village any appropriate actions or proceedings against a vio- lator as provided by law. Any person, firm, corpor- ation, or voluntary association which violates or refuses to comply with any of the provisions of this Ordinance shall be, guilty of a misdemeanor, and upon conviction thereof shall be subject to fine of not more than $300.00 for every offense to imprisonment not to exceed ninety (90) days, or both. Each day that a violation is permitted to exist shall constitute a separate offense. Section 5. Re eal of Section III., Subdivision D Para ra o Or iriance No. t e Zonin Ordinance. Paragrap 17, entitled Service Stations , of Su ivision D, entitled "Exceptions and Additions to Minimum Requirements", of Section III, entitled "District Provisions", is hereby repealed in its entirety. Section 6. Ordinances Re ealed. Ordinances Nos. 152 and 130 and Sections i(c) and (d) of Ordinance No. 138 are hereby repealed. 13. ~ : . ' t Section 7. EffeCtive Date. This Ordinance shall be effective from an after its passage and publication. Passed by the Council this ~ day of , 1973. Henry J. Crepeau, Jr. ATTEST: er -Administrator ~ 1¢ • . , _ ~ g ~t k STATE OF MINNESOTA change in fhe permiffed use such as, for exemple, R. Drive•In Businasses and Automobik Strvip COUNTY OF RAMSEY siructural alteratfon, enla?qement, or Intenslticetlon Siafions: VILLACiE OF ARDEN HILLS Mereof, or similar chanqe rqt speciticelly permlfted by 1, q lot fo be used for drive-in business or automobllQ ORDINANCE NO. 171 fhe Permit, shall require sn smended Permit, and all service station purposes shall be lantlscaped af least 30 AN ORDINANCE AMENDING ORDINANCE NO. 99, Prxedures shall apply as if a new Permit were belnq fhe followinq depihs from each lot Ilne; THE ZONING ORDINANCE BV CHANGING THE requested; provided, howevsr, that when wch chan9es a, 40 feet from the front lot Iine ezcept for approved PROVISIONS RE SPECIAL USE PERMITS, ADDING are dkemed fo be InslpnIficenf by the Zoniny Ad- access tlrive; A PROVISIpN PRESCRIBING PERFORMANCE minisfrafor ihe requiremanri of s public hearlnq and b.lOfeetfromeachslde lotline;and STANDARDS FOR DRIVE-IN BUSINESSES AND PlanningCommisSionconSideraflonmaybewaive0and c. 15 feet from each rear lot line. AUTOMOBILE SERVICE 5TATIONS AND AMEN. ?he mstter referred directly fo the Council 1or con• x. Elecironic amplificafion devicea wch as, for DlNG THE PROVISION RE ENFORCING OFFtCER Sidcration and ecfion. example, but not Ilmlted to, loud speeken, auforrabile AND PENALTV; AND REPEALING ORDINANCES 6. Automafic Expiratlon. service order devlces, drive-in theeter car apesken, NO. 152, 130, AND SECTIONS l(c) AND (d) OF OR- In ihe event a Speclel Use Permit does no} contain as end slmilar instruments shall not be located On such lot DINANCE NO. 138 e special cenditlon a time Ilmit, it shall aufomatically nrfthin 50 feet of any adiacent lot repardless of uss or The Villape Councll of ihe Village of Artlen Hills does expire and become vold slx (6) months from end affer zaning disfrict. hereby ordain as follows: ihe date on whlcA it wss pranfed unleu the use lor 3. The parking area of such lot shall be pevetl with Section 1. Amendment of Sedion I11, Subqivislon F. of which !t was qran4ed has been wbatantfelly esteblished Mphalt or concrete to speciflcations approveC by Me ~ OMinance No. 99, fhe Zonin9 Ordinance. Subdivision F., orconsfruMedor unless, upon wriften application mede Councll. entitled "Speciel Uses General StatemenY•, of Section by the person or firm to whom ihe PermiT was prented A. All curbing required by ihe Cauncll on such lot shall I I I., entitled "District Provisions", is hereby amended within such slx months fha Council ahall heve extended be cpncrefe, and a box curb not less than six Inches in its entiretY to reed as follows: the expiratipn dete ot such Permit (or an additlonal above grade shall separate the publlc riyhf-of•way frOm F. Special Use Permits. perfod, not to exceetl slz monThs. If ihe use for which frye motor vehicle service areas, exeep4 sa approved 1. General Statement. any Special Use Permit has been pranfeH haa cesesd or Mtrances and exits. I1 is recoqnized ihat cerfain uses of land, alihouyh has boM discontinued Mr a perlod W ninety (90) con• S. Adequafe area shall be designed for sraw storape yenerally compatible with fhe basic use classitlcation of secutive days, the Permit shsll autortyfically expire such that clear visibility shall be a}fordetl }rOm the a particular zoninp disirict, shoultl not be permitted end become wid at the end of wch ninety (90) day property fo any public sfreet. penerally end as a matter of right to be IocateC in Period• 6. Asuitable screeniny (enceshall be erected elorq all every eree included wifhin fhe zoninq disfrict be- 7. Speeial Uiei Which May Se Yermlfhd In 2onlny property lines except ihose which are alw pub(IC ripht- ceuse of hazards inherent in ihe use Ifself or speclel Districts. of.wey lines. Said fence shall be of a type and destyn problems which its proposed location may present. The following Ilst Is a tabulafion of each particulsr use approved by ihe Council. Planflnq of e fype approved by Such a use of a particular site may, neveriheless, be of land which, altAouph yenerally compatible with the ?he Council may also be required in addltlon lo or In Ilsu specificelly permifted bY means of a Speclal Use basic classlficetion of tAe partlcular zonlnq dlstrlct of fencinq. Permit, pranted by the Council, after ihe procedures under which it is Ilsted below, shall only be permitted fo set forth in ihis Ordinance have been cOmplled wlth be locafed on a slte In Mat ioMnq distrlct after the 7• The desi9n ol all siructures shall be compatible and fhe Council, on }he basis of ihe quldellnes and CWncii has qrenfed a SpeNai Use Permit therefor wlfh other sfructures in the surroundlnp araa. criterla sei torih in ihis Subdivision, has determined pursuant to ihe provlslons of ihis SubCivislon. Thls Ilsf B. No permanent or temporary signs vislble from the that The facts antl circumstances of the particular of possible permifted uses in the varlous toninp distrlcts PubIic streef shall be erected withouf approval from the cese warranT granting the Permit. The Permit shall shall be consideretl exclusivs to The end tAet no buildirp CounNl. be pronted solely for ihe proposed use ot a particular or site in a partlcular xoninp tlistrlct ahell be authprized 9. No site plan shall be approved which propoSes site, not for a particular person or firm. by Special Use PermiT fo betlevoted }oa usewhich is not anything on such lot which in any way might constitute 2. General Criteria For Granting S{iecial Use Per- desipnetl for that particular dlstrict herelnbelow, a haxard to vehicular or petlestrian circulation. No miTS. a. In ReaideMfal Oistrleff: access drive shall be wlthin 50 feet of intenectiny sireet In determinq whether ta grant a Special Use Permit i. Institutional houslrp; curb Iines. for ihe proposed use of a pariicular site, ihe Council il. ChurUes, Wrivate uhools, publlc schools snd 10. Access to ublic sireets or other ublit ways shall Shall consider ihe factual findings, concluslons, end ~rochlal sthools; be from at least fwo points on the subject premises. recom ili. Greenhouses and seasonel business~s (retail end 11. With respect to automobile servlce statlons, sny mendaTions of ihe Planning Commisslon, es contained in its whplesale); buildinq proposed to be used as a service station shall be report, and both shall consider the eNeCt Of ihe pfOpOSetl u5e upon ihe healfh, Safety Iv. Swimminq pools (includinp sll assxlafed or ac consirucTetl and maintained as required by fhe rulas , convenience, morals, and general welfare of ihe own- cessory siructures); and reyulations of The Stafe Fire Marshal qovernlrg fhe ers and xcupenfs of surrountling lantl, In particular v. GoII courses; hendliny, storaye and fransportatlon of flemmable and ihe community as a whole, In generel, includiny, v'• Fences arross Mont yards exceedlnq 21h feet in Ilquids. Every facillty, whether undergrountl or abOVe buf not limifetl to, ihe following factors: existinp height; qround end whether indoors or ouf of doon, for fhe and anticipated iraffic and parking condl4ions; nolse, v'i• Resitlenca housinp two or moro famille3; handllnp, storsye, and movement of flammable IlQuids plare, odors, vibration, smoke, tlust, air pollutlon, vill. Accessory strudures oMer than ihoae Ilsted es shall likewise be consiructed and mslntalned In ac• heef, Ilquid or soltd wasfe, entl oMer nutsance char- Permittetl; cordancewlthiherulesendrequlatlonsofthe5tateFire scteristics; drainage; population denslty; vlsuel and , 'x. liome xcupatlons; Manhal. land use compatibility with uses of, antl structures X• Public uses; Seefbn 3. Amendment of Seetlon V. Subdivitlon C ol on surrounding land; adJoininy lend values; snd tbe xi, lylpblle Home parks. Ordinance No. ff, the Zonin9 Ordinanee. Subdlvision C, or0erly tlevelopment ot ihe nelghborhood and the b. In LfmitW lusinoss Dlshlets: enfiTled ~~Speclal Use Permih", of Seci(on V, eMffled Villape wtfhln ihe general purpose and Inte~t of thls Institutional housing; "~Administration", is hereby ementletl In Its entlrety to Ortlinance and ihe Comprehensive Plan. 1t . Clubs end lodpes, non.prpflt; read as rollows: _ 3. Addttional CrHerla For Grantiny Spacial Use lii. Nlorfuarles: C. Sp~cial Use Permit~. Permlts For Drive-In Buslness and Automobile Servlca 'v• Privete colleyes snC Instllkions; The procedure for issuance of Speclal Use Permlb Statlons. v Seasona~ ~~nesses% shall be as follows: Becsufe drive-in businesses and automoblle servlce vi. Reside^c°S housi^q Mro am°re tamllies. 1. Application. statlons present certain unusual problems, ihe CWncll c• In Ratall Busineu Disfrlets; The applicanr ror aSpecial Use Permlt shall till and Me Planninq Commisslon, in addifion to the general Muslc, dance or business schools; out antl submit to the Zonlnq Adminishator an criteria enumeratetl abovE, shall consider antl be 't. Automobileservlcestafions; applfcationtogetherwithiherequlredteeandsixcoples puidetl by (in ihe cese of application for drlve,ln II'• ~lvbs and lodqes, npn•proPlt; of Medocumentetion required by fhe nezt ParaprepA In businesses) and shall make specific findings (in ihe 'v. Commerclal recrsatlon; this Subdivision. caSe Of application for automobile service stations) in v' FUe~ ~les' 2. DOeuminfation RYqufred. reqard to Me foliowing yuidelines antl criterla for each vi• Mortuaries; . The appficant shalf ffle alap wIM the requfred ap• use: vli. Restauronts wlih Iiva enterfainment and denclnq; alcatlon fee Me following documentation to wpporf hb a. Drive•In Buslnesses. viii. Veterinary cllnia or oHites; application for a Special Use Permit unlsss, In the I. No drive-in business shall be located withln 100 feet ix. Motels. op{nion of fhe Zoninp Administrstor, csrtbin oi the of e public, private or parxhial school, a church, a d. In 6entral Susln~st Dlstriefs: fellowiny tlocuments, or paris thereof, can be walvad public recreation area, or any residentially zoned L Clubs and lodpea, non-prMH; untll turther request: prope"y, ii. Car weshes; a. Ownerahip Report. ii. No drive-in business shall be located on a street Ill. Veterinery tllnics Or officas; The ownership report shell show the apparen4 recOrd other than one designated es a ihorouqhfare or buslness iv. Commerclal recrcatlon; ownws of the property which Is the Sublect of fhe sp- - xrvice roed on ihe Comprehensive Plan. v. AufoTObtIE service f16tlMlf; pllcafion, anE ihose within 350 feef of ihe oVter IImHs M. A drive-in bustness shall mi be located on the vi• Drive•in businsssn. fMrepf. If fhe applicant is rat fhe record owner W fhe site if ihe probable result of such Ixation woultl be e. In Limifed Induttry DlsMlets: prppKty, wrliten consent of ihe owner shall slw be fo unreesonebly increase traffic volume on nearDy i.Storage,utllization,ormanufscturlnpofexplaslvas, piloy resldential streets. dynamite, or flammable yases and Ilquids; b. Survey iv. No drive-In business shall be located on a lof o( less il• Open storege, where asld storape Is acceaory use; The wrvey shall contain the followlnq data: than 24,000 sq. fi. M. Railroad storaqe and swltChinq, yards and rall 1. The date, rarih polnt, map scale, nsme and etl- b. AutomoDlle Servlce Stations. l'^es% dreu of fhe applicant, owner, operator, surveyor, 'i. The tlesirability of operation of an sutomobile lv• Automobile aervlce s/afions; "tneer, end deslqner fncludinq their licenae numbarf ~ service station at ihe proposed location with reference v. Restauronis; and seels; ' fo whether it wil I cause an unreasonable disturbance of ~i. Refuse, frash, or yerbage dlsposal, Incineratbn, or It, p correct lepal descriptlon of the wblKt propKty peece and quiet in the neighborhood. reduction; nmods and certlfied to by a registered land wrvsyor; ~ ii. The vli. Trensportatla~ terminals as accesfory uaas; probability of interference with Traffic or ihe III. Depiction of all water cou[ses, lakss, mKfhp, ,-i .a creation of unreasonable iraffic hazards by reason W vllt. Commerclal recreatlon. wooded areas, rock outcrops, powsr trenspor}atbn Me proposed operation, and in connection with ihls a f• I^ all Distriets: pplyandlines,yasllnes,slnqletrseswltha diamolerof ~y determinafion shall be matle as to whether ihe roads I. Ferms; ~ NyhT (8) inches or more as measured thne (7) fest S immediately adiotning and secondarily serving the Golf courses and country clubs; pbove Me bese of fhe trunk, snd any oMer slpnlfic~M III. Broadcestinp or receptlon antenna or tvwOra owr proposed location are adequate to handle fhe proposed exlatinp features. freffic. 45 feet In heipht (measured trom averaye 9rad* lweD; lv, pel;neatlon W topopraphyo?wbIKlPrapertY wlfh iii. The iv. Public xhoOls: ...s.-'•": probability pf interference with the ri9h}s of contour Infervals of nof more ihan fwo (4) fN1 and surrounding property owners by reeson of fraffic, noise v. Rellroad Iines; supplementals ot one (1) foot In exfrsmely ilat ahp, or lighting at ihe proposed site. vi. Utlllty sub-stetions; the datb for which shsll be derlwd from 1M IiMh Iv. The suitability of an automobile service staTion on vi I. Externel storaye not accefsory to a prfnclpal use, yMeral sdjustment of 1929; 4 fhe proposed stte with relation to the projected future except ihose currenfly belrp u5ad for constrvctlon on v. The locatlon, rlyht-of-wsy wldM, dlmNnlOn, and development of ihe surroundinq property as proposed or me premises ("currently" meenlrq wlMin a perlod W nama ot exlstlnq or dedicated sMeeta or othK au411t projetted in ihe Zoning Ordinance or ihe Com- )8 monihs); wsys, and perks and other pubfi[ Isndb pKm~ ~ prehensive DeveloPment Plan. vlii. Excavatinq business -sand, yrovel, blatk Olrt. bulldlnas and structures, esssminis, SsctfOn arW Cor. ` 4. Imposiflon of ConEltions in Grantin9 of Speclal Use sod, or rock; porafe IInaS withln fhe aubjlcf propsrty and wI*M Parmlf. ix. land reclamafion, minlnp and wll procealnp; aCisfancsof350feetoflheouterlimlhtherapf. - In ihe flranting of a Special Use Permit, ihe Council x. Armorles, convMtlon hells, and slmllar um; vl. OMCriptions, refermce tief an0 elavatlong of IN may impose such special canditions, in addltion to the xi. Overhead and underprountl utllltiss not inclWetl poKh marks; as part of en approvetl and Wflcially recor0ed wb• ~neral conditlons and requiremenis of this Ordinance vli. Locsffon of all monumerYh, exiffinp st 1h*flrtlf~l ~ tlivision; . to which every Special Use Permit shall be subject, as it tM wrvey antl those which the wrveyor fhdl MYt . " deems necessary to serve antl protect ihe health, sefety, xii. Privete or seml-publlc and pubtic outi0lo0r loc,ted at me wrners a me sunleer p.op.rry; WW - recreation areas anE uses desiqned for use by more N+Mn convenience and general welfare of fhe community. 30 persons af any one time. Rehrence to and relafia~5 of munklp~l Such cOnditions may include, amon9 other ihinps, a ~h~P. towNY a settlon IlMf ~o Ilnes 0/ tM !Y~ ,.k time limit wiihin which ihe 8• Issuance of BuilAlnq PK11111 ONOry Sp~tIN 11N , permitted use, or a portion proqxty by Aisfanca, anylet, radii, IManal Y~1~, Permlt ProhlbiteU. ~a~ ~ft ~ fhereofi, or improvements in connection therewith are fo poinfs snd curvaturos, fsnq~nt Oesrl No Bulldlng Permlt shall be Iswed for em YN 111 • be establlshed, consiructed, comp!eteA, or commen[ed all arts. and a requirement ihaf ihe zonfnp olstrlct whfch requfres Me tssusoce d• - ra person or firm to whom the t. SIte Plan Special Use Permit has been granTed deposit with fhe Use Permit be(ore It can be Iocs1W In a YIK The sMe pan shall caMain suM IMOrmeflpl p nw district untll after the Speclal U0e PKmlf 1O rN1 Village either cash or a pertormance bond In e sum be desmed n~cesfary or dsilrabla Includirg, pYf Ipf , pranted bY ihe Councll. equal to 125 percent of the estimated cost, as tleter- Itmffetl to, the followinp: 9. Limitatlon on Iscwoeo d~1 Use RM~pM. ~ ~~~M~ a` minetl by The V illage Engineer, of improvements to be A Special Use Permit may nNlhw b* kfY« if fIN Locafion o} all exitt aeW consiructed in accordance wlih ihe Permit to Inwre aMUCfurq on antl wlMin 3~ fNl of /M OulN INnIM ~I d purpose of qraMinq sn sdjustrViYnt Ot vpINk71/OA1 tl» comptetion thereof within 1he time limit speNfiad in fhe flre wb~ed property, slafp wrMh ttqlr MI~N~„ 1NM~1M provislons ot thh Ordln~nce nOr lir ply N? Mot Permit. The conditions so imposed by the Councll shsll tootape and dlmensiais; aufhorized herWy iOr tM yNCMIt MfIp` MMJp fpr be specifically stated in ihe Permit. yrhicp Me Permlt Is SaqAt. . Il• Locstlon of curo W?s, drIvavayi, PWOM 5. thanye in Permitted Use. and oM-ftreet loOlnp Swt After ihe S 9 ~ pecial Use Permif has been rantetl, fhe „ r III.LOCatbn,slzs,aMl fyp~ofsfar~! YP usa permitted fhereunder shall lx eatablished, cOn• Zwdm ~ storam of hafi, wp" rtiiMrfNs, p/ ducted and maintained in conformlty wIM the fKms M. Pta~q for tlrahfp~, w~lpn COIIIe04 j aon??ol thKoof. Ir~cludlrq all condltions xf forth fh~rNn. My ~ and dusf conf?ol t ifltl ltlNtVplOr~ y ~yia. ~;~i ,~r. ~ , ~ • ~ . . . 3 v. Location ot ufilities. hearing on the application, to each owner of property An amended Special Use Permit applica4ion shall be d. Liphling Plan situafed wholly, or partly within 350 feet, oi fhe property administered in a manner similar to that required fpr a The iighting pVan shall show the location and type of 1o N'hich the application for Special Use Permit relates. new Special Use Permit. Such applications shall include any exterior liphting fo be used fo illuminate ihe c. Recortl of Notice. re-appticafiorts tor Permits ihaf have been denied, proposed site. A copy of the notice antl a list of the names antl atl. revoked, or have expired; renewal of temporary per- e. Plantiny PNn dresses fo which the notice was sent shall be attestetl to mits; requesfs for changes in conditions; and such other The planting plan shall indicate the location, si=e, antl by the Zoning AtlminisTrator and shall be made a part of instances as are providetl for in this Ordinance. type of all proposed planting materials to be used on the the records of the proceedings. 72. Periodic Review. site. d. Failure oi Written Notice. q p¢riotlic review of the Permit and its conditions f. Sfructural Plans The failure to give mailed notice to individual shall be mainfained. A violation ol any condifi0n set i. Elevation tlrawings or illustratiorts indicating,the prcperfy owners shall not invalidate the proceedings, torih in the Permit shall be a violation oi this Ortlinance, architecfural ireatment of all proposed buildings antl provided a bona fitle attempt to comply with ihis sub- and shall be cause for revocafion of the Permi}. In the siructures. ' division has been made. event thal the Council proposes to cancel or revoke a ii. General floor plans of all proposed buildings and 1. Public Mearing. Special Use Permit, except where such Permlt expiles structures. 7Ae Planning Commiss7on sha71 conduct the public at a certain Time by its own terms, the Council shail iii. Type of use, number of employees, users or oc. hearing. The applicant or his representative shall be cause writien notice ihereo( to be given to the occupier cupants expected. given the opportunity to appear before the Planning and owner, and they sha1V have an opportunity To be ~ iv. Type, locafion and freafinent of interior and ex- Commission to enswer questions or give explanations heerd, but no furiher notice need be given. terior mechanical devices,such as venfs, exhausifans, regartling ihe proposed special use. The Planning 13. Administrative Records. air conditiononers, antl elevators. Commission may adjourn the public hearinp to ifs next The Zoning Atlministrator shall mainfain a recortl of v. Desi9n laYOUt antl sizeaf all proposed signs. meeting, either regular or special, and may continue its all Special Use Permits issued, including information on vi. Outline speciiications tor the proposed siructures. study and consideraYion of the applicafion at meetinqs the use, location, conditions imposed, time Ilmifs, 3. Relerral to Planning Commission. - subsequent to the meetin9 aT which the public hearing review tlafes, and such ofher information as may be Upon the recept ot the applicatlon and the six copies of was initielly held. Upon completion of the public appropriate. ihetlocumeniation required by the previous Paragraph, hearing and its stutly and cansiderafion of the ap- It shall be the responsibility of the Zoning Ad- ihe Zoning Adminisirator shall place the matter of the Rlication, the Planning Commissian shail submit Ifs minisirafor to advise the Council of any expiring fime applicafion on the agenda for the Planning Com. Wriften report, containing its findings,_conclusions, antl limif, prior to expiration and-or violafion of any Special mission's next regularly scheduled meeting unless such recommendations as tu the apAlication, to the Council. Use Permlt. meeting is within seven days ot such receipt. in the No Special Use Permit shall be grantetl by the Council Section 4. Amendement ol Section VI11, Subdivision A event the application is received by the Zonin9 Ad- unfil a public hearing has been heltl thereun by the of Ordinance No. 99, the Zoning OrdinanCe. Subdivision minisirator within seven tlays oi the next regularly Commission, and the report of the Commission h95 been A, entitled "Enforcing Officer and Penalfy", of Section scheduled Planning Commission meeting, if shall he received by the Councll. V111, entitled "Enforcement", is hereby amendetl in its placed on the Planning Commission's agentla for the 8. Action by the Council. entirety to read as follows: next subsequenf scheduleU meeting thereoi, (either `Nithin sixfy (60) tlaYS following the dafe of the receipt A. Enturcing Officer antl Penalty. special or regular). of the Planning Commission'S reporf, the Council shall This Ortlinance shall be atlministered by the Zoning 4. Referral to Others. act upon the applicafion for a Speciel Use Permif. The qdministrator antl enforcetl by the Village Council The Zoning Administrator shall also refer copies pf Council may, oniy upon writfen requesl by the ap- which may institute in the name of the Village any the applicafion antl required tlocumentation in support pl'canf, exTend its time for consideration and action. A appropriate acfions or proceeding5 against a violator as thereot Yo otner Village officials who have an inierest maiority of the tull Council shali be required to grani a providetl bY law. Any person, firm, corporafion, or iherein in accordance wi}h the adminisirative Special Use Permif. Nothing in this Paragraph shell voluntary association which violates ar refuses to distribution schedule as trom time to lime esTablished PrQhibit the Council from holding such additional cpmply with any of the provisions o( ihis Ordinance and maintained bY the Zoning Adminisirator hearingsas it deems necessary within ihesixty (60) day shall be guilty ot a misdemeanor, and upon convic4ion 5. Planning Commissicn Review. period following the receiAt of the report of the Com- ihereof shall be subject to fine of not more fhan $300,00 The Planning Commission shall review the ap. mission. ror every offense to imprisonment not t0 exceCd ninety plication and documentafion in support ihereaf and Council acfion may include approval in whole ar part, (qp) days, or boTh. Each Cay ihai a violafion is per. upon finding ihem to be complete, with the ownership denial in whole or part, fabling for a specifird periotl o( mitted to exisf shall constitute a separate offense. approved by the Aftorney, shall, insiruct the Zoning time, or referral bark to the Planning Commission for Section S. Repeal of Section 111., Subdivislon D, Atlministrator to schedule a public hearing with all its further con5ideration and report to the Council paragraph 17 of Ordinance No. 99, the Zoning Or- reasonabie prompiness affer such determination. W ithin a specifietl periotl of Time nof to exceed sixfy (60) dinance.Paragraph 17, entiited "Service Stat{ans", of 6. Official Notice of Public Hearing. days from the date o( such re-referral. The applicant Subdivision D, entitled "Exceptions and Additiais to shall be ratified in wrlting of the Councfl's aclion. Minimum Requirements", of Section 111, entitled a. PuDlishetl Notice 9. Danial ol Special Use Permit. "•District Provisions", is hereby repealed in its entlrety. 7he Zoning Atlministrator shall cause to be published In the event the Council tlenles in whole or in part the Section 6. Ordinances Repealed. Qrdinances Nos. 152 in the official newspaper of the Vilfage at leasf ten (10) applicatton tor a Spetiaf Use Permit, it shell furnlsh the days but not more ihan ihirty (30) days prior to the date antl 730 and Sections 1(c) and (tl) of Ordinance No. applicant with a written document advising him of the 138 are hereby repealed. of fhepublichearingontheapplicafionfora Special Use denial and specifying fhefactual bases and reasonfnp SecTion 7. Eftective Date. This Ordinance shall be Permit, a notice describing the proposed use antl slte upon which the denial was predlcated. eNecfive from and after ifs passage and publicatlon. iherefor and sefting forih the location, time, date, end 10. Re•Su6mica{on of Applicstion Denied, Passed by the Council this B day of October, 1973. purpose of such hearing. No applicafion for a Speclal Use Permit which has Henry J. Crepeau, Jr. b. Mailed NoTice. been denied by the Council shall be re-submitted for a ATTEST: In addition fo ?he notice repuired above, a similar period of at least six (6) monihs from the date on which Charlotte McNiesh notice shall be mailed by the Zoning Administrator at said applicdtion was denied. Cterk.Atlmini5lratoY least ten (10) days Prior to the cfate o1 the official public 71, pmendemBnts of Speclal Use Permit. (Bulletin: Oct. 25, 1977) -:g f ~ . ~ ~ .~w , - . c as'!k•.