(A) Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved public or private street, and all structures shall be located on lots as to provide safe and convenient access for providing public services, fire protection, and required off-street parking.
(B) Panhandle lots. Panhandle lots are allowed as a conditional use only as provided herein. Panhandle lots are strictly regulated to ensure they do not unreasonably and adversely impact the surrounding property, access points, number of curb cuts, service of utilities, aesthetics, provision of public services, or public safety requirements, whether as to the proposed panhandle lot or nearby lots.
(1) Applications for panhandle lots shall contain the following information:
(a) Name, address, and phone number of the owner(s) of the property.
(b) Name, address, and phone number of the applicant(s) and relationship to the owner(s).
(c) Street address of subject parcel.
(d) Existing zoning of subject property and all other lots within 200 feet of any portion of the subject property.
(e) Name and address of each record property owner within 200 feet of any portion of the subject property as determined by the County Auditor at the time of application.
(f) Signatures of the owner(s) and applicant(s).
(g) Such additional information as may be deemed appropriate by the Village Manager to assist village staff in evaluating and processing the application.
(2) Applications for panhandle lots shall be submitted with the following information, which is collectively referred to in this section as the “development plan” for the panhandle lot:
(a) A plat in a form satisfactory for recording at the County Recorder’s Office.
(b) Plat(s) or drawings to scale depicting the following:
1. Distances of lots lines and area of all lots that would comprise the proposed panhandle lot.
2. The topography of the proposed lot as it exists at the time of the application, with contour lines showing each two-foot change in elevation.
3. Existing utilities on, adjacent to, or available for serving the proposed lot, as well as any additional utilities necessary to serve the lot, including documentation from the appropriate government agency showing how the front lot and the panhandle lot will be served by sewers.
4. Existing and proposed surface storm water drainage patterns. Significant changes in direction or quantities must be identified and certified by a qualified engineer that such surface water can be appropriately managed, such as by tying into existing storm sewers, non-erosive drainage systems, or adequate retention basins.
5. Existing easements on or serving the proposed lot.
6. Location of all dwellings on or proposed to be located on the site, including the direction of the front of the dwelling, building elevations, exterior dimensions, parking areas, garages, driveways, access points, and other areas intended to be improved or altered on the proposed lot, with indications of proposed setbacks.
(3) Procedure. Applications must be filed with the Village Manager. Completed applications will be submitted to the Board of Zoning Appeals for hearing and approval. For good cause, the Village Manager may submit an incomplete application to the Board, but the lack of required information may be cause for the Board to reject the application. Prior to the Board’s approval of an application, the Manager shall seek input on the application from the public safety department, the Village Engineer, and public works department, which input shall be communicated to the Board. The Manager shall cause written notice of applications submitted to the Board at least ten calendar days prior to the first hearing on the application to all record property owners within 200 feet of any portion of the proposed lot.
(4) Criteria for approval. The Board of Zoning Appeals shall approve the creation of a panhandle lot only if the application meets the following criteria:
(a) The strip of land providing access from the body of the lot to the lot frontage shall be no less than 20 feet wide at any place and shall not exceed a length of 800 feet.
(b) In calculating the area of either the panhandle lot or the front lot for purposes of determining whether they meet size and area requirements, the strip of land providing access to the rear lot shall not be considered part of either respective lot.
(c) Except as otherwise provided in this section, the application meets all requirements of the Zoning Code.
(d) The proposed panhandle lot and plan must be compatible with surrounding properties and land uses, and not unreasonably and adversely impact surrounding properties when considering any and all impacts of the proposed lot and development plan. To approve a panhandle lot, the Board must make the following findings:
1. The proposed lot or plan will not be materially detrimental to the peaceful occupancy of proximate dwelling houses;
2. The proposed lot or plan will not have a substantial detrimental effect upon the property values in the neighborhood;
3. The proposed lot or plan will not have a substantial adverse impact upon the residential quality of the neighborhood;
In making these findings, the Board shall consider the impact of the proposed application on the neighborhood and adjoining properties, including but not limited to the following: Traffic, noise, lighting, aesthetics, surface water drainage, screening, views and view corridors, architectural features and aesthetics of proposed structures, compatibility and consistency with other nearby properties and uses, access points, curb cuts, grading, topography, all information and documents required to be submitted by the applicant including but not limited to those stated under paragraphs (B)(1) and (2) above, and any other factor pertaining to the public health, safety, and welfare.
(e) If the application is approved, development or use of the panhandle lot is conditioned on substantial conformity with the development plan proposed for the lot, including any conditions on, or alterations of, the plan required by the Board.
(f) If the application as submitted fails to satisfy the criteria for approval, the Board may either deny the application, or approve the application with conditions as necessary to bring it into compliance. Conditions, restrictions, or limitations may be imposed on the proposed panhandle lot, or on the front lot if it is under common ownership with the panhandle lot. All conditions, restrictions, or limitations shall be made a part of the record by the Board and issued in writing to the applicant.
(5) Variances from any of the criteria set forth in this section shall be considered by the Board of Zoning Appeals, which criteria are deemed to be area or dimensional under a practical difficulties standard.
('69 Code, 151.15) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90; Am. Ord. 2013-17, passed 1-13-14) Penalty, see § 154.99