CONTENTS

ARTICLE X SPECIAL LAND USES

10.1 PURPOSE AND PROCEDURES

A. Intent and Purpose. In order to provide controllable and reasonable flexibility,

this Article permits detailed review of certain specified types of land use

activities which, because of their particular and unique characteristics, require

special consideration in relation to the welfare of adjacent properties and to the

community as a whole. Land and structure uses possessing these

characteristics may be authorized within certain zoning districts by the issuance

of a special land use permit. By such a procedure, safeguards upon each use

which are deemed necessary for the protection of the public welfare may be

reviewed and the standards set forth within the Ordinance shall be considered

and determined by the Village Council.

B. Permit Procedures. An Application for a special land use permit for any use of land or structure permitted under this Article shall be submitted and processed in accordance with the following procedures:

1. Submission of Application: Any application shall be submitted to the

Zoning Administrator on a special form for that purpose at least 31 days

prior to the date of the public hearing. Each application shall be

accompanied by the payment of a fee as established by the Village

Council to cover the costs of processing the application. No part of any

fee shall be refundable.

2. Data Required: Every application shall be accompanied by the following

information:

a. The application form, supplied by the Zoning Administrator, filled out

in full by the applicant, including a statement of supporting evidence showing compliance with the requirements of this Section.

b. A site plan drawn to scale in accordance with the requirements of

Article XI of this Ordinance (preferably 1" = 50') for the total

property. The site plan shall show springs, lakes and ponds, flood

plain elevations, water courses and topography at two (2) foot contour intervals, the location of all abutting streets, the location of all existing and proposed structures and their uses, and the location and extent of all above ground development, both existing and proposed.

c. A written impact assessment to include the following information:

1) A written illustrative description of the environmental

characteristics of the site prior to development, i.e., topography,

soils, vegetative cover, drainage, streams, creeks or ponds,

surrounding land use.

2) Types of uses and other man-made facilities.

3) The number of people to be housed and/or employed, the

number of visitors or patrons and vehicular and pedestrian

traffic.

4) Phasing of the project including ultimate development

proposals.

5) Natural features which will be retained, removed and/or modified

including vegetation, drainage, steep slopes, streams, wetlands,

woodlands, wildlife and water. The description of the areas to

be changed shall include the effect on the site and adjacent

properties. An aerial photo may be used to delineate the areas

of change.

6) The method to be used to serve the development with water and

sanitary sewer facilities.

7) The method to be used to control drainage on the site and from

the site. This shall include soil erosion control during periods of

construction.

8) The method to be used to control any increase in effluent

discharge to the air or any increase in noise level emanating

from the site. Consideration of any nuisance that would be

created within the site or external to the site whether by reason

of dust, noise, fumes, vibration, smoke or lights.

9) An indication of how the proposed use conforms with existing

and potential development patterns and any adverse effects.

10) Names(s) and address(es) of person(s) responsible for

preparation of this statement.

11) Description of measures to control soil erosion and

sedimentation during grading and construction operations and

until a permanent ground cover is established.

Recommendations for such measures may be obtained from the

County Soil Conservation Service.

12) Type, direction, and intensity of outside lighting.

13) General description of deed restrictions, if any.

The Zoning Administrator shall have the authority to waive any of the above information that does not have application to the project.

3. Village Council Review and Hearing: The application, along with all required information shall be transmitted to the Village Council for review. After adequate review and study of any application, the Village Council shall publish in a newspaper having general circulation in the Village, one (1) notice that a request for special land use permit approval has been received.

a. The content of the notice shall:

1) Describe the nature of the special land use permit request.

2) Indicate the property that is the subject of the special land use

permit request.

3) State when and where the special land use permit request will

be considered.

4) Indicate when and where written comments will be received

concerning the request.

5) Indicate that a public hearing on the special land use request

will be held.

b. The notice shall be given not less than five (5) nor more than fifteen

(15) days before the date the application will be considered and the

public hearing held.

c. The notice shall be delivered personally or by mail to:

1) The owners of property for which approval is being considered.

2) All persons to whom real property is assessed within three

hundred (300) feet of the boundary of the property in question.

3) The occupants of all structures within three hundred (300) feet

of the boundary of the property in question. If the name of the

occupant is not known, the term "occupant" may be used in

making notification. Notification need not be given to more than

one (1) occupant of a structure; except that, if a structure

contains more than one (1) dwelling unit or spatial area owned

or leased by different individuals, partnerships, businesses, or

organization, one (1) occupant of each unit or spatial area shall

receive notice. In the case of a single structure containing more

than four (4) dwelling units or other district spatial areas owned

or leased by different individuals, partnerships, businesses, or

organization, notice may be given to the manager or owner of

the structure who shall be requested to post the notice at the

primary entrance to the structure.

4) The Village Council may deny, approve, or approve with conditions, a request for special land use permit. The decision on a special land use permit consideration shall be incorporated in a statement containing the conclusions that specified the basis for the decision, and any conditions imposed. Only upon approval by the Village Council may a special land use permit be issued by the Zoning Administrator.

d. Permit Expiration: A special land use permit issued under this

Section shall be valid if substantial construction has commenced and

there are no physical or operational changes which alter the

permitted use. If substantial construction on the permitted use has

not commenced toward completion by the end of one

year, the Zoning Administrator shall notify the applicant in writing of

the expiration and revocation of said permit. Prior to its expiration,

the applicant may request in writing an extension by the Village Council for the period of one year. Such extension may be granted when the Village Council finds that there is good reason to believe the applicant will in fact commence substantial construction toward completion by the end of the second year.

e. Revocation Authority and Procedures: When an existing permitted special use is found to be in violation of the conditions under which it was approved, the Village Council shall have the authority to revoke the special land use permit in accordance with the following procedures:

1) Notice. The Zoning Administrator shall give notice by registered mail to bring the special use into compliance with the requirements and conditions of the special land use permit within 60 days of the date of notification. In the event the violation is not corrected within the 60-day period, the Zoning Administrator shall refer the matter to the Village Council for action.

2) Public Hearing. The Village Council shall conduct a public hearing in accordance with the notification and permit procedures of this Article.

3) Revocation. If, after taking testimony and reviewing the record, the Village Council determines that the special land use is failing to comply with the conditions of permit issuance, the Village Council shall have the authority to revoke the permit and order the termination of the special use. In the event the Village Council decides to terminate, it shall order termination of the use in writing and provide the owner with the reasons for such order and the time schedule for compliance. In the event the order of the Village Council is not complied with, the matter shall be referred to the Village Attorney for enforcement actions.

f. Reapplication: No application for a special land use permit which has been denied wholly or in part by the Village Council shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on the grounds of newly discovered evidence, or proof of changed conditions, or the Village Attorney specifies in writing that it is his professional opinion that an error has been made warranting reconsideration.

10.2 BASIS FOR DETERMINATIONS

Before approving or disapproving a special land use permit application, the Village Council shall establish that the following general standards, as well as the specific standards outlined in each application Section of the Article, shall be satisfied.

A. General Standards. The Village Council shall review each application for the purpose of determining that each proposed use meets the following standards,

and in addition, shall find adequate evidence that each use on the proposed

location will:

1. Be designed, constructed, operated and maintained so as to be

harmonious, compatible, and appropriate in appearance with the existing

or intended character of the general vicinity and that such a use will not

change the essential character of the area in which it is proposed.

2. Not be hazardous or disturbing to existing or future uses in the same

general vicinity and will be a substantial improvement to property in the

immediate vicinity and to the community as a whole.

3. Be served adequately by essential facilities and services, such as

highways, streets, police, fire protection, drainage structures, refuse

disposal, water and sewage facilities, or schools.

4. Not create excessive additional requirements at public cost for public

facilities and services.

5. Not involve uses, activities, processes, materials, and equipment or

conditions of operation that will be detrimental to any persons, property, or

the general welfare by fumes, glare or odors.

B. Specific Requirements. In reviewing an impact assessment and site plan, the

Village Council shall consider the following standards as the specific standards outlined in the following sections:

1. That the applicant may legally apply for site plan review.

2. That all required information has been provided.

3. That the proposed development conforms to all regulations of the zoning

district in which it is located.

4. That the plan meets the requirements of the Village for fire and police

protection, water supply, sewage disposal or treatment, storm drainage

and other public facilities and services.

5. That the plan meets the standards of other government agencies where

applicable, and that the approval of these agencies has been obtained or

is assured.

6. That natural resources will be preserved to a maximum feasible extent,

and that areas to be left undisturbed during construction shall be so

indicated on the site plan and at the site per se.

7. That the soil conditions are suitable for excavation and site preparation,

and that organic, wet or other soils which are not suitable for development

will either be undisturbed or modified in an acceptable manner.

8. That the proposed development will not cause soil erosion or

sedimentation problems either during or after construction.

9. That the drainage plan for the proposed development is adequate to

handle anticipated storm water runoff, and will not cause undue runoff

onto neighboring property or the overloading of water courses in the area.

10. That grading or filling will not destroy the character of the property or the

surrounding area, and will not adversely affect the adjacent or neighboring

properties.

11. That phases of development are in a logical sequence, so that any one

phase will not depend upon a subsequent phase for adequate access,

public utility services, drainage or erosion control.

12. That the plan provides for the proper expansion of existing facilities such

as public streets, drainage systems and water and sewage facilities.

13. That landscaping, fences or walls may be required by the Village Council in pursuance of the objectives of this Ordinance.

14. That parking layout will not adversely affect the flow of traffic within the

site, or to and from the adjacent streets.

15. That vehicular and pedestrian traffic within the site, and in relation to

streets and sidewalks serving the site, shall be safe and convenient.

16. That outdoor storage of garbage and refuse is contained, screened from

view and located so as not to be a nuisance to the subject property or

neighboring properties.

C. Conditions and Safeguards. The Village Council may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and

objectives of this Ordinance will be observed. The breach of any condition,

safeguard or requirement shall automatically invalidate the permit granted.

10.3 SPECIAL LAND USES

The Village Council shall have the authority to grant a special land use permit for the following uses:

A. Bed and Breakfast. In the R-1, R-2, MF and TC Districts subject to the following:

1. Statement of Intent. It is the intent of this section to establish reasonable standards for Bed and Breakfast establishments to assure that:

a. The property is suitable for transient lodging facilities.

b. The use is not incompatible with other allowed uses in the residential districts.

c. Residential lands shall not cause increased trespass.

d. The impact of the establishment is no greater than that of a private home with houseguests.

2. The following requirements for Bed and Breakfasts shall be complied with:

a. The minimum lot size shall be 10,000 square feet.

b. Off-street parking shall be provided in accordance with Article VIII of this Ordinance and at a location on the lot in keeping with the essential character of a residential driveway on a lot within a residential district.

c. One non-illuminated sign identifying the establishment not to exceed three (3) square feet in area and not closer to the front lot line than fifteen (15) feet shall be allowed.

d. The residence shall be the principal dwelling unit on the property and shall be owner occupied at all times.

e. The residence shall have at least two (2) exits to the outdoors.

f. Not more than three (3) sleeping rooms with a maximum of six (6) people in the residence may be used for rental purposes.

g. The rooms utilized for sleeping shall be part of the primary residential use and not specifically constructed for rental purposes.

h. The rental sleeping rooms shall have a minimum size of one hundred (100) square feet for each two (2) occupants.

i. Rental of snowmobiles, ATV’s or similar vehicles, boats and other marine equipment, in conjunction with the operation of the establishment shall be prohibited.

j. The residence and lot shall conform to the minimum requirements as listed in the applicable section of Article V.

k. A special use permit shall not be granted if the essential character of a lot or structure within a residential district, in terms of use, traffic generation, or appearance will be changed by the occurrence of a bed and breakfast.

B. Commercial Daycare, Group Daycare, Nursery School. In the R-1, R-2, MF and TC

Districts subject to the following conditions:

1. The use shall be licensed and operated in accordance with State Law and Licensing Rules.

2. The use shall be contained wholly within the principal building except for outside play areas.

3. Outside play areas and play equipment associated therewith shall be located in a rear or side yard where they will produce the least noise and visual disruptions for neighboring properties.

4. The use is not allowed in an apartment.

5. The use is limited to an established and recognized work or shift period and shall not be operated on a 24 hour basis unless approved by the Village Council.

6. “Approved Child Care Provider” identification is prominently displayed in a street side window so as to be clearly identifiable from the public street, or as otherwise required from the Village Council.

C. Dormitories, Group Housing, Housing for the Elderly. In the M-F District subject to the following conditions:

1. The proposed site shall be located to have at least one (1) property line on a

public improved street. Primary access to the site shall be from this street.

2. The minimum yard setback shall be twenty-five (25) feet from all property

lines.

3. The Village Council may require fences or other methods of secure enclosure

that it deems appropriate for the type of facility being considered.

4. In addition to the requirements listed in Article III, Section 3.19 of this Ordinance, the side and rear property lines shall be landscaped to mitigate any impacts from the use.

5. All loading areas shall be screened from public streets and residential areas to an opacity of 80%.

6. Primary access shall not be routed through residential areas.

7. The facility is no closer than 1,500 feet to another existing dormitory, group housing facility, and housing for the elderly facility.

D. Educational Institutions. In the R-1, R-2, MF, and TC Districts subject to the following conditions:

1. The proposed site shall be located to have at least one (1) property line a public improved street. Primary access to the site shall be from this street.

2. The minimum yard setback shall be twenty-five (25) feet from all property lines.

E. Light Manufacturing, Warehousing, Wholesaling. In the GC District subject to the following conditions:

1. Loading Docks, Trash and Mechanical Equipment. Loading docks, trash receptacles and mechanical equipment shall not be visible from residential areas or state or federal highways.

2. Noise. Noise emanating from a use in this District shall not result in the loss of the peaceful enjoyment of adjacent properties by people of ordinary and reasonable hearing and sensibilities.

3. Fumes and Gases. The use shall emit no toxic or corrosive fumes or

gases which may be deleterious to the public health, safety or general

welfare; except for those produced by internal combustion engines under designed operating conditions.

4. Odor. The use shall emit no smoke, odorous gases or other odorous

matter in such quantities as to be offensive at or beyond the boundary of the lot.

5. Dust and Particulate Matter. The use shall not discharge into the air dust or other particulate matter.

6. Heat and Glare. The use shall produce no heat or glare which is humanly perceptible at or beyond the lot boundaries.

7. Vibration. The use shall produce no physical vibrations that are perceptible beyond the lot boundaries.

8. Explosive Material. The use shall not involve the production or storage of any material designed for use as an explosive nor shall it use such material in production.

9. Buffer Yard Required. Where an light manufacturing use warehouse, or wholesaling use is located adjacent to or across the street from a residentially used or zoned parcel or is located on a public street, a landscaped buffer yard at least 20 feet in width shall be provided adjacent to the common property line and/or street. No structures or parking shall be permitted within the buffer yard. The residential buffer yard shall provide for the year-around screening of loading areas and the outdoor storage of materials and equipment utilizing combinations of landscaping, berming, decorative walls and fencing to a height of six feet and an opacity of 80%. Fencing alone shall not be considered to be acceptable screening in any buffer yard and shall not be used in a required front or street side yard.

10. Outdoor Storage of Products, Supplies, Materials and Equipment. Products, supplies, materials and equipment shall be located and screened so as not to be visible from streets or residential areas.

11. Fire Code Requirements. All uses and structures shall meet the fire code requirements of the County.

12. Application. New uses shall be required to comply fully with all of the

above performance requirements. The expansion of existing uses shall be required to comply with performance requirements 3 through 10 and 13 above. Only to the extent that existing buildings and uses are expanded (that portion actually expanded), shall they be required to comply with performance requirements 1, 2, 11, and 12 above. Refer to Article XII of this Ordinance for Nonconformities.

F. Resorts, Rental Cabins. In the R1, R2 and MF Districts subject to the following conditions: