(A) Accessory uses as defined in this section shall be permitted.
(B) (1) In addition to conforming to the general regulations for accessory uses and structures set forth in this chapter, all home occupations shall comply with each of the following requirements.
(a) The operator of every home occupation shall reside in the dwelling unit in which the home occupation operates.
(b) The home occupation shall be conducted entirely within the principal residential structure and shall be incidental and subordinate to the principal residential use of the structure. No work shall be conducted within any attached or detached garage. Limited storage may be allowed in any attached or detached garage provided; such storage does not create a nuisance or prevent the utilization of the garage for parking motor vehicles.
(c) The home occupation shall not interfere with the delivery of utilities or other services to the neighborhood in which the principal residential structure is located.
(d) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and the need for off-street parking shall be accommodated on site.
(e) The activity shall not generate any noise, vibrations, smoke, dust, odors, heat, glare, or interfere with radio or television reception in the area that would exceed that normally produced by a dwelling unit used solely for residential purposes.
(f) No toxic, explosive, flammable, radioactive, or other hazardous materials shall be used, sold, or stored on the site. However, materials common to ordinary household use are permitted, provided the quantity of such materials does not exceed that found in an ordinary household.
(g) Alteration of the residential appearance of the principal residential structure designed to promote or draw attention to the home occupation shall not be permitted. Furthermore, no displays or other indications of a home occupation in the yard, on the exterior of the dwelling unit, or visible from anywhere outside of the dwelling unit shall be permitted, except for one non-animated, non-illuminated, non-flashing announcement plate, indicating not more than the name of the occupation and the address of the resident. Such plate shall be attached flat against the wall of the residence and shall not exceed one square foot in total surface area.
(h) No visitors in conjunction with the home occupation (clients, patrons, pupils, sales persons, and the like) shall be permitted between the hours of 9:00 p.m. and 6:00 a.m., and the home occupation shall not cause a significant increase in the amount of traffic or parking on any residential street. Furthermore, deliveries for the home occupation shall not restrict traffic circulation and may only occur between 9:00 a.m. and 5:00 p.m. Monday through Friday.
(i) No outdoor display or storage of materials, goods, supplies, or equipment shall be permitted on the premises.
(j) The home occupation shall, at all times, comply with all other applicable laws and ordinances.
(k) The total interior floor area used for the home occupation shall not exceed 25% of the total interior floor area of the dwelling, provided that in no case shall the area of a home occupation exceed 600 square feet.
(l) No more than one person who is not an actual resident of the dwelling unit may be employed on the site in connection with the home occupation.
(m) More than one home occupation may be permitted within an individual dwelling unit, provided all other standards and criteria applicable to home occupations are complied with. Such criteria shall be applied cumulatively to both uses as opposed to singularly to each use.
(2) Certain uses by their very nature of investment or operation have a pronounced tendency, once commenced, to expand beyond the scope of activity permitted for home occupations, and thereby impair the integrity of the residential district in which they are located. For this reason, the following uses, regardless of their possible compliance with the standards set for accessory use or home occupations are strictly prohibited:
(a) Animal hospitals, kennels, or exotic bird or wildlife retailing;
(b) Barber shops or beauty parlors;
(c) Clubs, including fraternities and sororities;
(d) Funeral parlors;
(e) Firearm and ammunition sales;
(f) Medical or dental clinics;
(g) Nursing homes;
(h) Restaurants;
(i) Vehicle or machine repair;
(j) Welding or machine shops; and
(k) Other similar uses as determined by the Zoning Administrator under the power of the Zoning Administrator to make interpretations.
(3) Any violation of this subchapter shall be deemed to be a violation of this chapter and subject to the provisions of § 156.024.
(C) Group homes shall be permitted in all residential districts, as permitted by state law, provided all required licenses, certifications, permits, and approvals are up to date and maintained.
(D) Manufactured homes as scattered-site residences shall be a permitted use in single-family residential districts, subject to the requirements for all residential uses and lots in such districts, and provided the manufactured homes meet the following requirements and limitations.
(1) The home shall meet all requirements of this chapter; possess all necessary improvement location, building, and occupancy permits and other certification required by this chapter.
(2) The home shall be attached and anchored to a permanent foundation in conformance with the regulations of the state’s International Building Code and the manufacturer’s installation specifications.
(3) The home shall comply with the provisions of the town’s Building Code, pertaining to exterior covering material, roof covering material, and roof pitch as is customarily used on site-built residential dwellings. All exterior covering material shall extend over the top of the foundation.
(4) The home shall meet the minimum square footage requirements for the appropriate zone.
(E) Accessory apartments shall be a special exception in all residential districts. Accessory apartments, also known as in-law quarters and granny flats, shall be limited to occupation by family members only, and must be clearly subordinate to the primary residential use in both size and location on the lot. Special exceptions for accessory apartments shall be obtained from the Board of Zoning Appeals as per §§ 156.085 through 156.093 and must be renewed every five years.
(F) The following standards must be met for all bed and breakfast establishments.
(1) No exterior alterations to the structure shall be made which would change the residential appearance of the building.
(2) The minimum total floor area of the principal residential structure needed to establish a bed and breakfast use shall be 2,500 square feet.
(4) Guestrooms shall not be used for cooking or eating, however, meals may be provided. Dining and other facilities shall not be open to the public but shall be exclusively for the use of the residents and registered bed and breakfast guests, unless the Board of Zoning Appeals finds that opening the facilities to the public will not have a negative impact on the surrounding area. The Board may set any additional regulations necessary to ensure that public use of such facilities will be in harmony with the surrounding area.
(5) There shall be no more than the equivalent of one nonresident full-time employee hired solely for the purpose of working for the bed and breakfast use.
(G) Public utility installations for local service shall be permitted.
(H) Hobby farming shall be a permitted use in all districts provided that:
(1) The processing and storage of harvested produce or other end products shall not be allowed on-site;
(2) The hobby farming use shall not exceed 25% of the land area of the lot and shall abide by all setback regulations; and
(3) Hobby farming does not include the raising or presence of any livestock generally associated with a farm except as otherwise allowed specifically in this chapter.
(I) These regulations shall apply to satellite dish antenna and other satellite reception devices greater than two feet in diameter.
(1) General purposes.
(a) These regulations contained herein are designed to promote the public health and safety by providing criteria for the placement of these antennas that ensures that all such installations are performed in a manner that limits endangerment of life and property on the site and on surrounding properties due to collapse or destruction.
(b) These regulations are also designed to decrease the potential for urban blight in residential neighborhoods generated by guy-wires, poles, cables, and other appurtenances.
(c) These regulations are, however, intended to allow satellite dish antennas and other satellite reception devices to be located in a manner that: does not unreasonably delay or prevent the installation, maintenance, or use of the antenna; does not unreasonably increase the cost of installation, maintenance or use of the antenna; or preclude reception of an acceptable quality signal.
(2) General requirements.
(a) No person shall install a satellite dish antenna greater than two feet in diameter without first obtaining an improvement location permit.
(b) Satellite dish antenna may be erected in all residential zoning districts, provided the following criteria are met:
1. The satellite dish antenna shall be ground mounted;
2. The diameter shall not exceed ten feet;
3. The height shall not exceed 12 feet; and
4. It shall be located between the rear building line of the principal structure and the required rear yard setback line. In case of a corner lot, such antenna shall not be located within the exterior side yard setback line.
(c) A satellite dish antenna may be erected in any nonresidential zoning district provided the following criteria are met:
1. The diameter shall not exceed 12 feet;
2. The height of a ground- mounted antenna shall not exceed 25 feet;
3. The height of a roof-mounted antenna shall not exceed 15 feet;
4. Notwithstanding the fore- going, a roof-mounted antenna shall not exceed the maximum height requirement of the zoning district within which it is located. Furthermore, a roof- mounted satellite dish antenna shall be located at least ten feet behind the front roofline of the structure; and
5. A ground-mounted antenna shall comply with the yard setback requirements of the district within which it is located, however, no antenna shall be located in any front yard or open space.
(d) Satellite dish antennas shall be installed and maintained in compliance with all applicable building and electrical codes, and shall be subject to the following standards:
1. Satellite dish antennas shall be solid in color;
2. Not more than one antenna greater than two feet in diameter shall be allowed on any lot unless shown on an approved site plan; and
3. No advertising, logos, or corporate symbols shall be permitted on any satellite dish antenna greater than two feet in diameter.
(J) Amateur radio serves the community by providing emergency communications that benefit both the town and the central part of the state generally. The town supports these valuable community services and therefore, individual amateur transmitting and receiving antennas and associated support structures owned or operated by licensed amateur radio operators shall be permitted as accessory structures in accordance with these provisions.
(1) Amateur radio club and repeater station antennas and support structures are permitted to such a height as necessary to maintain reliable communications.
(2) Antenna structures of amateur radio operators licensed by the Federal Communication Commission may, as of right, have a height not exceeding 75 feet above grade. The height shall be measured vertically and shall include the height of any building upon which the antenna support structure is mounted.
(3) Antennas may be located above the antenna support structure as reasonably necessary for effective radio communications.
(4) Upon the Federal Communication Commission licensed operator’s cessation of ownership or leasehold rights in the subject antenna support structure, or on loss of his or her federal amateur radio license (whichever occurs first), the operator shall forthwith (but in no case more than 30 days) safely remove all antenna support structures at no expense to the town. In the event that the operator fails or refuses to remove the antenna support structure, then the owner of the subject lot shall be responsible for the removal of all such structures.
(5) On residential lots, any antenna support structure shall be located in an area between the rear building line of the principal structure and the required rear yard setback line. In case of a corner lot, such antenna shall not be located within the exterior side yard setback.
(6) Nothing in this section shall affect any existing antenna support structure utilized by any federally licensed amateur radio operator which has been constructed and is in place prior to the passage of this chapter.
(K) (1) Solar panels shall be allowed in all zoning districts as a special exception either attached to a permitted principal use or accessory building or an accessory structure subject to the following regulations.
(a) Freestanding solar panels are prohibited in the front yard.
(b) Panels that are freestanding or attached shall satisfy the rear and side yard setback requirements of the zoning district in which they are located.
(c) Solar panels are permitted on the roof of the principal structure or accessory structure provided that the addition of the panels does not cause the structure to exceed the height requirements for the zoning district in which it is located.
(d) Solar panels attached to structures must not cause loads or stresses associated with the building to exceed standard engineering stresses and other requirements related to sound construction standards.
(e) Solar panels shall be placed and arranged such that the reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, or roadways.
(f) Panel systems must be maintained in operable condition and must be removed within six months of becoming inoperable.
(g) No panel shall be used for advertising of any kind.
(h) A permit is required for the installation of any solar panel.
(L) (1) Urban chickens are permitted in single family residential zoning districts.
(2) The maximum number of chickens per lot is limited to 15 chickens and one rooster.
(3) A chicken coop is permitted, but only in rear fenced yard within the side and rear setbacks and otherwise subject to rules for accessory structures.
(M) Wind energy conversion systems are special exceptions in all zoning districts. Approval criteria is as follows.
(1) Permitting.
(a) Micro WECS are permitted in all zoning districts as a special exception. Micro WEC systems are defined as less than five kW peak generating capacity.
(b) Small WECS are permitted in all zoning districts except HCB (Historic Central Business District) and HMU (Historic Mixed Use District) as a special exception. Small WECS are defined as less than ten kW peak generating capacity.
(c) Large WECS are permitted in HS (Highway Service District), B-1, I-1, I-2 and A-1 districts. Large WECS are defined as peak capacity in excess of ten kW.
(d) Permitting for WECS will be charged the same rates and charges as commercial structures and must otherwise be in compliance with all other zoning regulations.
(2) Standards for individual towers.
(a) The maximum level of noise generated by a WECS may not exceed 50 dBA when measured at the nearest residential structure.
(b) 1. All WECS support structures must be setback from any property line by a minimum of one and one-tenth times the maximum height of the support structure plus the height of the blade.
2. Large WECS must also be set a minimum of 1,000 feet from all buildings not owned by the WECS owner.
(c) All towers must be rendered incapable of being climbed for the bottom 12 feet.
(d) Only non-reflective, unobtrusive colors are permitted. Blades may be black for ice mitigation.
(e) All WECS shall be equipped with a redundant braking system. This includes both aerodynamic over-speed control (including variable pitch, tip, and other similar systems and mechanical brakes. Mechanical brakes shall be designed and operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over-speed protection.
(f) All WECS must comply with any applicable FAA requirements.
(g) The owner or operator of the WECS must report annually on the continued operation of the WECS.
(h) Warning and no trespassing signs must be placed at the base of the support structure for all but micro WECS systems.
(i) A WECS must meet any fire or safety provision from other government agencies.
(j) Lighting must conform to applicable FAA or other regulations.
(k) Fencing may be required around the base of the WECS if it is deemed wise for safety concerns.
(l) Any WECS that has had its use discontinued for more than six months must be removed from the property.
(m) The electric utility serving the property must be informed in writing of the WECS.
(n) All wiring is to be underground.
(3) Other requirement.
(a) All other zoning requirements applicable to any structure apply to WECS structures. This includes general construction setbacks.
(b) Where property lines extend into roadway rights-of-way, the setback requirement for WECS will be measured from the edge of the right-of-way.
(N) (1) Purpose. The purpose of this section is to regulate the placement, construction, and modification of wireless communication service facilities in order to protect the health, safety, and general welfare of the public while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace within the corporate limits of the town.
(2) District requirements.
(a) Wireless communication service facilities may be allowed in the following districts. (Subject to the limitations set forth herein, wireless communication service facilities shall be exempt from the maximum height limitations established in each zoning district.)
(b) Wireless communication service facilities requiring a special exception shall be subject to §§ 156.085 through 156.093. Wireless communication service facilities permitted as of right shall be subject to the requirements of §§ 156.028 and 156.072. A wireless communications facility may be located on a lot occupied by another principal structure.
(3) Districts use status height limitations.
(a) Table of height limitations:
Type | Height Limitation |
Type | Height Limitation |
C-1 special exception | Not to exceed 150 feet |
C-2 permitted | Not to exceed 150 feet |
C-2 special exception | Not to exceed 250 feet |
I-1 permitted | Not to exceed 200 feet |
I-1 special exception | Not to exceed 250 feet |
I-2 permitted | Not to exceed 200 feet |
Special exception | Not to exceed 250 feet |
(b) For the purpose of determining compliance with the requirements of this section, measurement of a facility’s height shall include the structure itself (for roof or building mounted facilities), the base pad, and any other equipment attached thereto that extends more than 20 feet over the top of the structure itself. The structure height shall be measured from grade.
(c) Notwithstanding the forgoing height requirements, building or roof-mounted wireless communication service facilities shall not exceed a height in excess of 100% of the host building.
(d) The town encourages the collocation of commercial wireless tele- communications service facility antennas on existing or planned commercial wireless telecommunications service facilities in order to minimize the proliferation of antenna support structures and to achieve the most efficient use of land within the community. Therefore, the collocation of subsequent commercial wireless telecommunications service facility antennas on existing facilities, whether such facilities were originally permitted as of right or through the special exception process, will only require obtaining an improvement location permit (§ 156.028).
(4) Applications. In addition to requirements of §§ 156.085 through 156.093, § 156.028, or any other requirement prescribed by this chapter as the case may be, applications for the establishment of a commercial wireless telecommunications service facility shall include at least the following information:
(a) The name, address, and telephone number of the owner and lessee of the parcel of land upon which the commercial wireless telecommunications service facility is to be situated. If the applicant is not the owner of the property, documentation must be provided that shows that the owner of the property has granted, by agreement, use of the property for the proposed facility;
(b) The name, address, and telephone number of all owners of other wireless communication service facilities within the service area of the proposed facility, including municipally owned property;
(c) Documentation, signed by an engineer licensed in the state, that the facility is designed in accordance with the town’s Building Code and with national standards for steel towers, in addition to all other state and federal laws and regulations applicable thereto; and
(d) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to receive permission to install or collocate the applicant’s facility on another service provider’s facility within the service area desired by the applicant and that the proposed site is, therefore, of practical necessity for the applicant. This requirement for seeking an alternative existing site expressly includes the need to consider every available site outside of municipal boundaries of the town as well as inside the municipal boundaries. A diligent effort shall require that all owners of potentially suitable structures within a one-quarter mile radius of the proposed wireless communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply.
1. The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement could not be accomplished at a reasonable cost.
2. The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference could not be prevented at a reasonable cost.
3. Such existing structures do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
4. Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
5. A commercially reasonable agreement could not be reached with the owners of such structures.
(5) General requirements. In addition to any other requirement prescribed by this chapter, a wireless communication service facility shall be required to meet the following requirements.
(a) No wireless communication service facility shall be established or used within the town until all necessary approvals and permits, whether local, state, or federal have been secured.
(b) No wireless communication service facility shall be located in any required yard setback, nor shall a free standing or guy-wire anchored wireless communication service facility be located within 50 feet of any property boundary line.
(c) A free standing or guy-wire anchored wireless communication service facility shall be located no closer than 1,500 feet from a residential district, residential use, or planned unit development district containing residential structures.
(d) All guy-wires must be situated on the same lot as the commercial wireless telecommunications service facility, and shall not be located within the required yard areas (setbacks) dictated by the zoning district in which it is located.
(e) Free standing or guy-wire anchored wireless communication service facilities and their related accessory structures when located on a site as an accessory use shall be located behind the rear building line of the structure housing the principal use. Vehicle access to the tower and related accessory structure shall not interfere with the parking or vehicular circulation provided for the principal use.
(f) Wireless communication service facilities shall be designed to be compatible with neighboring buildings and uses. Efforts shall be taken when locating wireless communication service facilities to preserve or enhance the existing character of a site’s topography and vegetation.
(g) Wireless communication service facilities shall be designed to accommodate three or more wireless communication providers in order to facilitate the collocation of other service provider’s facilities.
(h) Wireless communication service facilities shall be painted to blend or match with a host building or the environment. The facility shall be of a single color, having a flat, matte, non-gloss, non-fluorescent finish. The color scheme for the facility shall be subject to the approval of the Plan Commission as a part of the development plan review process.
(i) Free standing or guy-wire anchored commercial wireless communication service facilities, including any associated accessory building or structure, shall be enclosed by a fence or wall at least six feet in height. All fences and walls shall be screened with appropriate landscaping and screening techniques, so that no more than two-thirds of the surface of the fence or wall is visible within three years after erection of facility from a public street or from any adjoining residential lot.
(j) No advertising, logos, or corporate symbols shall be permitted on any wireless communication service facility or any building or structure accessory thereto.
(k) Every wireless communication service facility shall be fully automated. No employee of the communication provider shall be stationed at the site, except for the completion of periodic maintenance.
(l) Equipment storage shelters associated with a wireless communication service facility shall be compatible with the surrounding built or natural environment and shall not exceed a height of 15 feet, nor exceed a size of 450 square feet.
(m) No signals or lights or other illumination shall be permitted on the wireless communication service facilities unless required by the Federal Communication Commission, the Federal Aviation Administration, or by the town.
(n) Every wireless communication service facility shall be separated from all other wireless communication service facilities a minimum of 1,500 feet.
(o) No wireless communication service facility may be established as an accessory use on a property prior to the establishment of a principal use.
(p) Where a wireless communication service facility becomes abandoned, obsolescent, or ceases to be used, except in relation to acts of God, it shall be taken down and removed from the premises by the owner of the facility, or its agents, or the person having control of the premises on which the facility is located within six months of a finding by the Zoning Administrator of its abandonment, obsolescence, or cessation of use.
(q) Wireless communication facilities shall be accessible from a public street by means of an easement or private drive at least 20 feet in width and covered with a dust-free, all-weather surface.
(Ord. 2014-26, passed 9- -2014) Penalty, see § 156.999