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(A) Storage and parking trailers and commercial vehicles in residential districts.
(1) General restrictions.
(a) No airplane, boat, house, car, mobile home, motor vehicle, trailer or a part of such vehicle shall be parked or stored in the front yard of any lot in a residential zone, or the side yard facing a street on a corner or reverse corner lot in a residential zone, except:
1. Passenger vehicles as defined by the town traffic code, excluding motor homes, defined in § 152.05;
2. Motor homes not exceeding 65 feet in length; and
3. Pickup trucks not used for commercial purposes.
(b) Motor trucks while on business calls may be parked on permanently constructed driveways within such front or side yards if currently licensed by the State Department of Motor Vehicles and capable of movement under their own power or temporarily disabled for a period not to exceed 72 hours while so disabled. This division (A)(1)(b) shall not apply to vehicles parked on publicly owned or operated property.
(2) Trucks. It is unlawful for any person to park any truck, semitrailer or tractor truck having a rated capacity of 55,000 pounds’ gross vehicle weight or more in a residential zone as designated by the zoning ordinances and map of the town between the hours of 6:00 p.m. and 6:00 a.m., except for the purposes of loading and unloading. This prohibition shall apply not only on public streets but also on private property, driveways and parking areas.
(Prior Code, § 10-2D-1)
(B) Fences and walls.
(1) Height and location restrictions; permits and fees. Fences and walls located in any district shall be subject to the following height and location restrictions.
(a) Fences and walls exceeding three feet in height require a fence permit. No fence or wall exceeding three feet in height shall be erected without first obtaining a fence permit. Every application for a fence permit shall be on forms provided by the Town Clerk-Treasurer and shall be accompanied by a nonrefundable fee as set by the Town Board. The Town Clerk-Treasurer shall issue the fence permit if he or she finds that the proposed fence complies with all the requirements of this section.
(b) In addition to a fence permit, fences and walls exceeding six feet in height require a building permit. A brick wall used as a fence shall be constructed in compliance with the town building code.
(c) In required front yards, or within 15 feet of any street right-of-way, whichever is greater, the maximum height shall be three feet above the surface of the ground.
(d) In rear yards within 25 feet of the rear lot line, but excluding any portion of a lot within 15 feet of any street right-of-way, the maximum height shall be seven feet above the surface of the ground.
(e) In requiring intervening interior side yards, the maximum height shall be 76 inches above the surface of the ground.
(f) In the rear half of any lot, open wire fences may exceed 76 inches in height; provided, that they are not closer than 15 feet to any street side lot line of any corner lot.
(2) Noncompliance; variances. All fences and walls, existing upon the effective date of this section (January 1, 1999), which do not meet the standards and provisions for fences and walls as provided for herein shall be altered to comply with these provisions within three years after January 1, 1999. A variance may be granted in the manner provided by ordinance to grant a time extension in specific instances for compliance with the provisions of this section. Such variance shall only be granted if the applicant demonstrates that:
(a) The granting of a time extension will not be detrimental to persons or property in the neighborhood;
(b) The granting of a time extension is not contrary to the intent of this section; and
(c) The granting of a time extension will alleviate a hardship on the applicant.
(Prior Code, § 10-2D-2)
(C) Buffer strips and landscaping.
(1) Purpose. The purpose of this section is to preserve property values and to improve the living environment in the town by providing buffers. Buffers will protect property in residential districts from visually incompatible structures and land uses, overhead lighting, wind and dust, and increased activity associated with commercial, industrial, institutional and other land uses.
(2) Districts described. As used in this section:
(a) The term residential district includes the following districts: A-G, R-S and R-G, as established in § 152.35; and
(b) The term nonresidential district includes the following districts: C-C, C-A/R, C-G, I-L and I-H, as established in § 152.35.
(3) Enforcement. This section shall be enforced by the Town Maintenance Supervisor. Informal sketches may be submitted to the town for approval of proposed buffers.
(4) Buffer strip required.
(a) A buffer strip shall be provided at each boundary where a nonresidential district abuts a residential district, but not including districts separated by a street or park.
(b) The buffer required by this section shall be put in place at or before the time construction is completed for any nonresidential use.
(c) For lots with buildings in existence on January 1, 1999, the required buffer shall be in place on or before three years after January 1, 1999.
(5) Lots one acre or larger. Where a nonresidential lot is one acre or greater and shares a common lot line with an abutting lot which is in a residential district, a buffer shall be placed on the nonresidential lot according to one or a combination of the following methods.
(a) At least two rows of evergreen trees shall be planted in a buffer strip at least 15 feet in width. Trees shall have a minimum height of three feet when planted. The rows shall be spaced seven feet apart and centered within the buffer strip. Tree spacing shall be eight feet on center with trees in adjacent rows offset four feet.
(b) A solid visual barrier six feet in height shall be erected along the boundary, except where a boundary separates any loading, unloading, outdoor storage areas or other land uses which utilize structures or vehicles greater than six feet in height within the minimum yard requirement of the lot, in which case the solid visual barrier shall be eight feet in height. The width of the buffer may be less than 20 feet if a solid visual barrier is used.
(c) Earth mounding may be used in conjunction with planting or fencing to satisfy height requirements. All such mounding shall be covered with planting or lawn. Slopes shall not exceed one foot vertical to two feet horizontal, if covered with plant material, and shall not exceed one foot to three feet horizontal, if lawn.
(6) Lots less than one acre. Where a lot is less than one acre and shares common lot line with an abutting lot which is in a residential district, the buffer strip shall be a minimum of 12 feet wide. At least two rows of evergreen trees shall be planted. Trees shall have a minimum height of three feet when planted. The rows shall be spaced four feet apart and centered within the buffer strip. Tree spacing shall be eight feet on center with trees in adjacent rows offset four feet.
(7) Landscape maintenance. The following landscape maintenance rules apply.
(a) The property owner of the land on which the required buffer is situated shall be responsible for maintenance of the buffer.
(b) Trees in the buffer shall be carefully planted and maintained.
(c) Evergreen trees shall be maintained so that dense branching begins at ground level and continues to the top of each plant, except for trees where road visibility is important.
(d) Unhealthy or dead plants shall be promptly replaced within 30 days, weather and season permitting, but in any event no longer than 120 days.
(e) Each required barrier other than planting shall be maintained in good condition, including painting or finishing when signs of disrepair occur.
(f) When complying with these requirements, the property owner shall contact the town in order to make provisions which will protect public utilities and structures.
(g) No required buffer shall be placed over an underground utility easement.
(8) Variances. Variances may be granted for practical difficulties and particular hardship in connection with this section in the manner provided by ordinance.
(9) Appeals. Appeals from decisions under this section may be made to the Zoning Board of Adjustment in the manner provided by ordinance.
(Prior Code, § 10-2D-3)
Penalty, see § 152.99
(A) General description. The A-G General Agricultural District is established for several purposes:
(1) To provide for the continued use of land for predominantly agricultural purposes;
(2) To preserve undeveloped areas until they can feasibly be developed to urban standards and with adequate public safeguards of health, safety and the like; and
(3) To restrict development in areas subject to severe inundation until such time as it can be shown that these areas are no longer subject to flooding.
(B) Uses permitted. Within the A-G District, the following uses are permitted:
(1) General uses.
(a) Agriculture, as defined in this chapter;
(b) Churches and temples;
(c) Elementary schools and high schools;
(d) Golf courses, but not including golf driving ranges, pitch and putt courses or miniature golf courses;
(e) Parks and forest preserves not operated for profit;
(f) Single-family dwellings;
(g) Temporary buildings and uses for construction purposes only and not for dwelling purposes, nor for a period that exceeds the completion of the construction; and
(h) Accessory buildings or uses incidental to the foregoing principal uses.
(2) Municipal and public uses.
(a) Municipal or community recreation centers;
(b) Police or fire stations;
(c) Public buildings or buildings operated in the public interest by a not for profit corporation, including art galleries, post offices, libraries or museums;
(d) Public or not for profit auditoriums, stadiums, arenas, armories or sanatoriums;
(e) Public or private hospitals or sanatoriums;
(f) Public or private schools or colleges; and
(g) Public utility and service uses, including electric substations; gas regulator stations; electric, gas, telegraph, telephone and water transmission metering and distribution equipment and structures; microwave, television, radio relay/repeater towers, water reservoirs or pumping stations and other similar facilities.
(C) Area and height regulations.
(1) Table of requirements.
Minimum Lot Area | Minimum Lot Frontage | Maximum Percent Coverage | Minimum Front Yard Setback | Side Yard Setback | Minimum Rear Yard Setback |
2.5 acres | 200 feet | 10% | 50 feet | 30 feet | 50 feet |
(2) Accessory buildings. Accessory buildings may have not less than ten feet of side or back yard setback.
(D) Signs and billboards. No signs, posters, bulletin boards or other similar displays are permitted in the A-G District except as follows:
(1) Bulletin boards. One bulletin board may be erected on each street frontage of an educational, religious, institutional or similar use requiring an announcement of its activities. The bulletin board shall not exceed 12 square feet in surface area nor 15 feet in height, and illumination, if any, shall be by constant light.
(2) Identification signs. One identification sign may be erected on each street frontage of a single-family subdivision or permitted nonresidential use. The sign shall not exceed 12 square feet in surface area nor 15 feet in height, and illumination, if any, shall be by constant light.
(3) Real estate signs. A real estate sign advertising the sale, rental or lease of the premises may be erected on each street frontage of the parcel. The sign restrictions shall be as set out in divisions (D)(1) and (D)(2) above.
(Prior Code, § 10-2E-1) Penalty, see § 152.99
(A) Permitted buildings and uses. In a Single-Family Residential District, the following buildings and uses and their accessory buildings and uses are permitted:
(1) Agricultural uses of the garden type that are not intended for commercial purposes;
(2) Public park or playground;
(3) Public schools and private schools where the curriculum is similar in nature and preparation of course work to the public schools; and
(4) Single-family detached dwellings and duplexes, subject to the requirements of this chapter.
(B) Uses permitted subject to additional requirements. The following uses may be permitted by the Board of Adjustment after a public hearing; provided, that they meet the requirements noted for each use in addition to applicable area regulations:
(1) Accessory buildings which are not a part of a main building may include one private garage;
(2) Churches: a minimum lot size of one acre, and through street frontage;
(3) Golf course, private or public, or country club; provided, that the chief activity is for recreational purposes and commercial activity is accessory or incidental thereto;
(4) Home occupation; provided, that it is in keeping with the meaning of home occupation as defined in § 152.05;
(5) Junior high or senior high schools;
(6) Library;
(7) Mobile home: a mobile home shall be allowed within the R-S District, upon compliance with the following provisions:
(a) The proposed site shall have a minimum of 5,000 square feet in area, with the lot at least 50 feet wide and 100 feet deep;
(b) The mobile home so parked on such a site shall have an enclosed foundation and comply with all regulations as to sanitary and health regulations;
(c) The mobile home shall have a minimum of 750 square feet of living space;
(d) Front yards of not less than 20 feet and side and rear yards of not less than ten feet for each location;
(e) The proposed site shall provide one off-street parking space for each mobile home unit;
(f) The proposed site shall provide a connection to all public utilities; and
(g) Any individual, partnership, corporation or association desiring to locate a mobile home under this section shall, prior to locating the mobile home on the site, present to the zoning administration a statement signed by all of the property owners within a 300-foot radius of the proposed site, wherein the owners consent to the location of the mobile home on the proposed site, which site shall be described in the statement.
(8) Parking lots; provided, that they are within 200 feet of a commercial or industrial district;
(9) Plant nursery; provided, that no building or structure is maintained in connection therewith and no retailing of any material is carried on upon the premises; and
(10) Temporary structures which are incidental to the construction of the main building and will be removed when the main structure is completed.
(C) Area and height regulations.
Minimum Lot Area | Minimum Lot Frontage | Maximum Percent Coverage | Maximum Height | Minimum Front Yard Setback | Minimum Side Yard Setback | Minimum Rear Yard Setback |
6,000 square feet | 50 feet | 30% | 35 feet | 25 feet | 5 feet interior lots, 10 feet street side of corner lot | 20% depth of lot |
(D) Signs and billboards. No signs, billboards, posters, bulletin boards or other similar displays are permitted in the R-S District except as follows:
(1) Bulletin boards.
(a) A temporary bulletin board or sign not to exceed 12 square feet in area, pertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold.
(b) One bulletin board may be erected on each street frontage of an educational, religious, institutional or similar use requiring announcement of its activities. The bulletin board shall not exceed 12 square feet in surface area nor 15 feet in height, and illumination, if any, shall be by constant light.
(2) Public notices. Official public notices may be erected on affected property.
(3) Nameplates. One non-illuminated nameplate not exceeding two square feet in area and not containing lettering other than the name of the owner or occupant or name or address of the premises.
(Prior Code, § 10-2E-2) Penalty, see § 152.99
(A) General description. This residential district is intended to provide for both low and high population density. It is established as a district in which the principal uses of the land are for multi-family dwellings and similar high density residential development. The intent is to encourage the development and continued use of land for multi-family dwellings and to prohibit commercial and industrial uses or any other use which would substantially interfere with the development or continuation of multi-family dwellings in this district. It is further intended to discourage any use which would generate traffic or create congestion on the neighborhood street other than the normal traffic which serves the multi-family dwellings or similar residential uses in this district and discourage any use which, because of its character or size, would create additional requirements and costs for public services which would be in excess of such requirements and costs if this district were developed solely for multi-family or other similar residential uses.
(B) Uses permitted. Within the R-G General Residential District, the following uses are permitted:
(1) Any use permitted in the R-S Single-Family Residential District;
(2) Duplex;
(3) Multi-family dwelling; and
(4) Rooming or boarding house.
(C) Uses permitted subject to additional requirements. The following uses may be permitted by the Board of Adjustment after public hearing; provided, that they meet the requirements noted for each use in addition to the applicable area regulations:
(1) Accessory buildings and uses customarily incidental to the uses listed in this section when located on the same lot;
(2) Any uses permitted subject to additional requirements for the R-S Single-Family Residential District;
(3) Childcare centers or daycare homes; provided, that they are located on a lot not less than 10,000 square feet in area and have frontage on a through street as shown on the zoning map;
(4) Community services, cultural and utility facilities; provided, that they are located on a lot of not less than one acre and have frontage of a through street as shown on the zoning map;
(5) Convalescent home, rest home, nursing home and hospitals, public or private; provided, that they have frontage on a through street as shown on the zoning map; and
(6) Mobile home parks, in compliance with division (F) below.
(D) Area and height regulations.
(1) Minimum lot area 6,000 square feet.
Minimum Lot Frontage | Maximum Percent Coverage | Maximum Height | Minimum Front Yard Setback | Minimum Side Yard Setback | Minimum Rear Yard Setback |
50 feet | 30% | 35 feet | 25 feet | 5 feet | 20% |
(2) Lot area above 10,000 square feet.
Minimum Lot Frontage | Maximum Percent Coverage | Maximum Height | Minimum Front Yard Setback | Minimum Side Yard Setback | Minimum Rear Yard Setback |
100 feet | 50% | None | 35 feet | 1 foot for every foot of height | 20% |
(E) Signs and billboards. The control of signs and billboards in the R-G District is the same as that set forth for the R-S District, except that such uses as may be permitted subject to additional requirements may erect one non-illuminated nameplate not exceeding 24 square feet in area, identifying the name and use of the premises.
(F) Mobile home parks. Upon compliance with the provisions as set forth herein, a mobile home park will be allowed within the R-G District.
(1) Application for permit; submit plans. The applicant, upon making application for a zoning clearance permit, must submit a detailed site plan locating all mobile home stands, screening or fencing and plans and specifications for the proposed park in a form suitable for making the determinations required herein.
(2) Site and area specifications.
(a) The proposed site shall be a minimum of 300 feet wide by 100 feet deep and shall contain no more than six mobile homes within this minimum area.
(b) The proposed site shall have a minimum frontage on a through street of 200 feet.
(c) Each mobile home within this district mobile home park must have a minimum of 750 square feet of living space.
(d) There must be at least two blocks between each mobile home park.
(3) Permanent or transient occupancy. The mobile home park shall accommodate primarily permanent occupants, with no more than 40% of the mobile home stands devoted to solely transient purposes. These solely transient stands are to be located in one area of the park so they will in no way interfere with the permanent residents.
(4) Front and side yards. Front yards of not less than 20 feet and side and rear yards of not less than ten feet shall be provided on mobile home park sites.
(5) Off-street parking. The proposed site shall provide one off-street parking space for each mobile home stand, plus one additional off-street parking space for each four mobile home stands.
(6) Connection to public utilities. The proposed site shall provide a connection for each mobile home stand to all public utilities.
(Prior Code, § 10-2E-3) Penalty, see § 152.99
(A) General description. This commercial district is intended for buildings of retail shops and stores and personal services that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods. It is intended that these establishments be developed with adequate off-street parking space for customers and employees and with appropriate landscaping and screening.
(B) Uses permitted. Within the C-C District, the following uses are permitted:
(1) General uses.
(a) Artists supplies and hobby shop;
(b) Bakery shop;
(c) Barbershop and beauty shop;
(d) Bookstore;
(e) Clothing or wearing apparel shops;
(f) Florist shop;
(g) Gift shop;
(h) Jewelry shop;
(i) Laundry and dry cleaning pick up stations;
(j) Medical facility;
(k) Office, professional or general;
(l) Restaurants (not drive-in);
(m) Self-service laundries; and/or
(n) Shoe repair shop.
(2) Uses permitted in R-G District. Any of the uses permitted in the R-G General Residential District subject to additional requirements as provided.
(3) Accessory buildings and uses. Accessory buildings and uses customarily incidental to the uses listed in divisions (B)(1) and (B)(2) above; provided, that there shall be no manufacturing of products other than such as are customarily incidental to retail establishments.
(4) Other commercial uses. Any other commercial use deemed by the Board of Adjustment to be of a similar nature to those listed in this section.
(C) Area and height regulations; parking.
(1) Table of requirements.
Minimum Lot Area | Minimum Lot Frontage | Maximum Percent Coverage | Maximum Height | Minimum Front Yard Setback | Minimum Side Yard Setback | Minimum Rear Yard Setback |
10,000 square feet | 100 square feet | 40% | 35 feet | 50 feet | 2 feet for every 1 foot of building height, adjacent to residential district | 10 feet |
(2) Off-street parking. Adequate off-street parking shall be provided for the average customer/employee loading.
(D) Business signs. Business signs, poster boards, bulletin boards or other similar displays in the C-C District shall conform to the following requirements:
(1) Sign specifications and location. In the C-C District, one business sign not exceeding 32 square feet in surface area and identifying the business or activity conducted on their premises may be erected on each street frontage of the parcel. Ground signs shall not exceed the height of the building in which the principal use is located or 20 feet, whichever is lower. No business sign shall be located within 50 feet of a residential district if visible from such district. Illumination, if any, shall be by constant light.
(2) Real estate signs. A real estate sign advertising the sale, rental or lease of the premises may be erected on each street frontage of the site. The sign shall not exceed 16 feet in surface area nor 15 feet in height.
(3) Placement on private property; projections. All signs in the C-C District shall be erected upon private property and shall not encroach upon any public street or walk, except as provided by the applicable codes of the town, and they shall not overhang at a height less than nine feet and shall not have a maximum projection greater than 72 inches.
(Prior Code, § 10-2E-4) Penalty, see § 152.99
(A) General description. This commercial district is established as a district in which the principal use of land is for establishments offering accommodations, supplies or services to motorists, and for certain specialized uses as retail outlets, commercial amusement and service establishments which serve the entire community but do not and should not necessarily be located in the Central Business District or the Convenience Commercial District.
(B) Uses permitted. Within the C-A/R District, the following uses are permitted: any use permitted in the C-C District; and other uses, including:
(1) General uses.
(a) Ambulance service offices or garages;
(b) Amusement enterprises;
(c) Automobile service stations;
(d) Billboards as permitted in division (D) below;
(e) Boat sales and service;
(f) Bowling alleys;
(g) Bus terminals;
(h) Dance halls;
(i) Drive-in theaters or restaurants;
(j) Electric transmission stations;
(k) Food and fuel stores;
(l) Funeral parlors;
(m) Garden stores;
(n) Golf course, miniature or practice range;
(o) Heating and plumbing sales and service;
(p) Hospital for small animals;
(q) Ice plants;
(r) Kennels;
(s) Key shops;
(t) Laundries;
(u) Motels;
(v) Music, radio and television shop and repair;
(w) New and used automobile sales and services, new and used machinery sales and services and public garages;
(x) Nightclubs;
(y) Novelty shops;
(z) Pawnshops;
(aa) Pet shops;
(bb) Printing plants;
(cc) Public uses;
(dd) Recreation center, private;
(ee) Roller skating rinks;
(ff) Sign painting shops;
(gg) Taverns;
(hh) Travel trailer park and sales; and
(ii) Wholesale distribution center.
(2) Other businesses. Any other store or shop for retail trade or for providing personal, professional or business service other than those provided for in the C-G General Commercial District.
(3) Buildings and accessory uses. Buildings, structures and accessory uses, customarily incidental to any of the uses listed in this section; provided, that there shall be no manufacturing of products other than such as are customarily incidental to retail establishments.
(C) Area and height regulations; parking.
(1) Table of requirements.
Minimum Lot Area | Minimum Lot Frontage | Maximum Percent Coverage | Maximum Height | Minimum Front Yard Setback | Minimum Side Yard Setback | Minimum Rear Yard Setback |
10,000 square feet | 100 feet | 30% | 35 feet | 50 feet | 2 feet for every 1 foot of height of the building | 20 feet |
(2) Off-street parking. Adequate off-street parking shall be provided for the average customer/employee number.
(D) Business signs. Business signs, poster boards, bulletin boards or other similar displays in the C-A/R District shall conform to the following requirements.
(1) Sign specifications and location. In the C-A/R District, business signs not exceeding in the aggregate one square foot of display surface area per one linear foot of the street frontage and identifying the business or activity conducted on their premises may be erected on each street frontage of the parcel. Ground signs shall not exceed the height of the building in which the principal use is located or 20 feet, whichever is lower. No business sign shall be located within 50 feet of a residential district if visible from such district. Illumination, if any, shall be by constant light.
(2) Real estate signs. A real estate sign advertising the sale, rental or lease of the premises may be erected on each street frontage of the site. The sign shall not exceed 50 feet in surface area nor 15 feet in height.
(3) Placement on private property; projections. All signs in the C-A/R District shall be erected upon private property and shall not encroach upon any public street or walk, except as provided by the applicable codes of the town, and they shall not overhang at a height less than nine feet and shall not have a maximum projection greater than 72 inches.
(Prior Code, § 10-2E-5) Penalty, see § 152.99
(A) General description. This commercial district is designed for the conduct of personal and business services and the general retail trade of the community. It is designed to accommodate a wide variety of commercial uses in the Central Business District or areas of mixed business enterprises. It will not normally be applied in the case of new commercial areas.
(B) Uses permitted. Within the C-G District, the following uses are permitted:
(1) Any use permitted in a C-C or C-A/R District; and
(2) Any other retail, personal service, business service or professional use not already mentioned, including:
(a) Bakery;
(b) Department store;
(c) Frozen food locker;
(d) Furniture repair and upholstery;
(e) Research laboratories; and
(f) Wholesale, except for outdoor storage.
(C) Area and height regulations. There are no area or height regulations in the C-G District.
(D) Signs and billboards. All signs and billboards in the C-G District shall conform to the requirements in § 152.55(D).
(Prior Code, § 10-2E-6) Penalty, see § 152.99
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