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§ 155.012 DETERMINING PERMITTED, CONDITIONAL AND PROHIBITED USES.
   The following criteria shall be used in determining appropriate land uses when uses arise that are not specifically addressed:
   (A)   The subject use and its operation are substantially similar to and compatible with the uses permitted in the district where it is proposed to be located; in such cases, the use will be treated as a permitted use;
   (B)   The subject use and its operation are substantially similar to and compatible with the conditional uses listed in the district where it is proposed to be located; in such cases, the use will be treated as a conditional use;
   (C)   The subject use will not cause substantial injury to values of property in the neighborhood or district in which it is proposed to be located;
   (D)   The subject use will be so designed, located and operated that the public health, safety and welfare will be protected; and
   (E)   Uses in a district that are not listed as permitted or conditional uses, are not substantially similar to and comparable to permitted or conditional uses, may cause substantial injury to values of property, or are not found to be designed, located and operated that the public health, safety and welfare will be protected, shall constitute prohibited uses, and no such uses will be permitted without approval of a variance by the Board of Adjustment.
(Ord. 329, passed 1-11-2016)
§ 155.013 DIVISIONS OF LAND.
   No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the requirements set forth herein and all yards or lots created after the effective date of this chapter shall meet the minimum requirements of this chapter.
(Ord. 329, passed 1-11-2016)
§ 155.014 ANNEXATION.
   All territory which may hereafter be annexed to the town shall be zoned at the time of annexation. Prior to such annexation and zoning, the Zoning Administrator shall have made a recommendation to the Zoning Commission, and the Zoning Commission shall have made its investigation and shall make a recommendation to the Town Council. Public hearings on the question of zoning shall be held in conjunction with the necessary annexation procedures.
(Ord. 329, passed 1-11-2016)
§ 155.015 SPECIFICATION STANDARDS.
   (A)   These regulations outline specification standards for the various zoning districts. Section 155.007 of this chapter defines the terms related to several of these standards.
   (B)   This section outlines how certain terms and definitions are applied with these zoning regulations.
      (1)   Setbacks. The zoning district a lot is located within determines the minimum setback for buildings. The minimum setback is measured horizontally from the applicable property line to the outer wall of any building, at grade or any above-grade extension that projects more than 30 inches from the outer wall at grade.
      (2)   Yards.
         (a)   A yard is an area of a lot between a property line and an actual building setback line. A minimum yard is a yard unoccupied by buildings, except as may be expressly allowed by these regulations. A minimum setback distance establishes the respective minimum yard size on a lot. Figure 1 below illustrates setbacks and yards on a typical residential lot.
         (b)   As illustrated by Figure 1 above, the eaves are above grade projections less than 30 inches (2.5 feet) that do not need to meet setback requirements. The patio, if at grade, is deemed lot coverage, but would not need to meet the setback requirement because it is not above grade. The awning, because it is an above grade projection greater than 30 inches (2.5 feet), must meet the setback requirements and constitutes lot coverage. The minimum front and side yard setbacks form the respective minimum yards. The rear yard as a whole is formed by the area between the rear lot line and the back of the main building, and the accessory building (garage) is allowed in the rear yard, but not the required rear yard.
      (3)   Minimum lot sizes. The zoning district a lot is located within determines the minimum lot sizes. The minimum lot size requirement applies to new lots created or altered after adoption of these regulations, and for lots proposed to be developed with multiple units.
         (a)   For lots existing in a district that lists a minimum lot size, the minimum lot size does not need to be met for a lot to be developed with a single-family dwelling or other single permitted use in the district, provided all other specification standards are met.
         (b)   Planned unit developments (PUDs) are allowed flexibility with minimum lot sizes, subject to the density bonus provisions of § 155.079 of this chapter.
(Ord. 329, passed 1-11-2016)
DISTRICTS
§ 155.030 DISTRICT REGULATIONS.
   Each zoning district is hereby designated allowable land uses and specification standards as outlined in the following sections.
(Ord. 329, passed 1-11-2016)
§ 155.031 RESIDENTIAL ‘A’ DISTRICT (R-A).
   (A)   Intent. This district is intended to provide single-family, two-family and limited multi-family residential areas served by adequate public service, and for neighborhood facilities to serve such development while preserving the residential quality and nature of the area.
   (B)   Permitted uses. The following structures and uses are allowed within the R-A District:
      (1)   Single-family dwellings, two-family dwellings, and multi-family dwellings with up to four units per building, provided each development complies with the minimum lot size requirements in Table 2. Mobile homes are permitted as single-family dwellings subject to division (D) below;
      (2)   Accessory buildings and uses customarily incident to the uses permitted in this district;
      (3)   Home occupations;
      (4)   Religious institutions, libraries, parks and playgrounds, public schools and other public buildings and recreational facilities;
      (5)   Hospitals and other medical services;
      (6)   Community residential facilities and day cares;
      (7)   Bed and breakfasts;
      (8)   Fire and police stations;
      (9)   Cemeteries;
      (10)   Public utility buildings, except where prohibited by overlay district (§ 155.035 of this chapter);
      (11)   Electrical substations, except where prohibited by overlay district (§ 155.035 of this chapter); provided that, where transformers are exposed there shall be an enclosed, non-climbable, sight- obscuring fence at least six feet high; and
      (12)   Water reservoirs, water storage tanks, water pumping stations and sewer lift stations.
   (C)   Specification standards. Subject to all other applicable requirements, the specification standards for the R-A District are listed in the following Table 2:
Table 2: R-A Specification Standards
Standards
Specifications
Table 2: R-A Specification Standards
Standards
Specifications
Minimum lot size for single-family dwellings
7,000 square feet
Minimum lot size for 2-family dwellings
10,000 square feet
Minimum lot size for 3-family dwellings
12,000 square feet
Minimum lot size for 4-family dwellings
14,000 square feet
Maximum lot coverage
40%
Minimum lot width at front property line
50 feet
Minimum front yard setback
20 feet
Minimum side yard setback
6 feet
Minimum rear yard setback
15 feet
Minimum setback from NWI wetlands and Main Canal (top of bank)
30 feet
Maximum building height*
35 feet*
NOTES TO TABLE:
*Maximum building height of a primary structure may be increased to up to 40 feet on a lot that provides 2 side yards with setbacks of at least 15 feet if all other specification standards are met. Public buildings, religious institutions, hospitals and schools may be permitted with a maximum height of up to 60 feet on a lot that provides increased setbacks of at least 1 foot for each foot of increased building height.
 
   (D)   Mobile home regulations. The following regulations apply to all mobile homes permitted in the R-A District.
      (1)   Placement and use of all mobile homes must comply with the provisions of this chapter, including the requirements to obtain a permit for mobile home installation.
      (2)   All mobile homes must be at least 14 feet wide and at least 42 feet long and placed on a permanent foundation.
      (3)   All mobile homes shall be separated from other mobile homes, attachments and other buildings a minimum of 20 feet.
      (4)   Each mobile home shall be skirted. Said skirting shall be of a type designed for mobile home skirting.
      (5)   Canopies and awnings may be attached to any mobile home, but shall not exceed 12 feet in width, nor exceed the height of the home.
      (6)   Each mobile home shall be anchored to its permanent foundation to secure the mobile home against forces exerted by wind.
      (7)   All utility lines shall be buried underground.
(Ord. 329, passed 1-11-2016; Ord. 337, passed 4-8-2019)
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