A. Purpose: This section identifies yard, lot area, building type and height requirements in each zoning district and establishes general development standards.
B. Usable Open Space: Except for elderly (senior citizen) housing, each multiple-family dwelling site shall contain at least three hundred fifty (350) square feet of "useable open space" as defined in section 10-2-1 of this title for each dwelling unit contained therein.
C. Height:
1. Building heights in excess of those standards contained in the district provisions may be allowed through a conditional use permit, provided that:
a. The site is capable of accommodating the increased intensity of use.
b. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets.
c. Public utilities and services are adequate.
d. For each additional story over the district limitation or for each additional ten feet (10') above the maximum allowed per district, front and side yard setback requirements shall be increased by ten percent (10%).
e. The provisions regarding section 10-3-3 of this title are considered and satisfactorily met.
2. The building height limits established for district shall not apply to the following:
a. Belfries.
b. Chimneys or flues.
c. Church spires.
d. Cooling towers.
e. Cupolas and domes which do not contain useable floor space.
f. Elevator penthouses.
g. Flagpoles.
h. Monuments.
i. Parapet wall extending not more than three feet (3') above the limiting height of the building.
j. Poles, towers and other structure for essential services.
k. Necessary mechanical and electrical appurtenances.
l. Farm buildings.
m. Wind energy conversion system towers as regulated by section 10-5-2 of this chapter.
n. Communication, reception/transmission devices as regulated by section 10-5-7 of this chapter.
3. No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than twenty five percent (25%) of the area of such roof nor exceed ten feet (10').
D. Building Type And Construction:
1. No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish shall be permitted in any zoning district, except in the I-1, I-2, TZ, and C-3 zoning districts.
2. Exterior building finishes shall consist of materials comparable in grade to the following:
a. Brick.
b. Natural stone.
c. Decorative concrete block.
d. Cast in place concrete or precast concrete panels.
e. Wood; provided, the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood or cypress.
f. Curtain wall panels of steel, fiberglass and aluminum (nonstructural, load bearing); provided that such panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion resistant design.
g. Glass curtain wall panels and glass block.
h. Stucco.
i. Vinyl.
j. Steel, aluminum and masonite siding.
k. Other materials as determined by the city zoning official but not including galvanized or unfinished metal, except in the I-1, I-2, TZ, and C-3 zoning districts.
E. Yards: No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this title, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided for any building or structure shall be included as part of any open space required for another structure.
1. The following shall not be considered as encroachments on yard setback requirements:
a. Chimneys And Ornamental Features: Chimneys, flues, leaders, pilasters, lintels, ornamental features, sills, cornices, buttresses, eaves, gutters and the like may project not more than two and one-half feet (21/2') into any required yard. Gutters attached to eaves may project six inches (6") beyond the eaves.
b. Walks Or Steps: Walks or steps for negotiating ground slopes, retaining walls, hedged and natural growth, paved terraces, paved areas or similar features.
c. Access Ramps: Ramps for access by persons with disabilities may extend to a property line.
d. Heating Or Air Conditioning Equipment: Equipment for essential services, and heating and air conditioning equipment, all accessory to and customarily incidental to the principal use, are permitted in yards and courts. Exception: Heating and air conditioning equipment is not permitted in a front yard, unless screened.
e. Fire Balconies And Escapes: Open work fire balconies and fire escapes may not extend more than three feet (3') into a required yard.
f. Additions: An addition to a lawfully established structure which because of a change in the setback requirements (from 1974 ordinance) is not in conformance with the current requirements may be added to even if the addition violates the current setback requirements provided that:
(1) The addition does not encroach across a property line.
(2) The addition does not extend into the applicable yard requirement greater than the existing structure.
(3) The length of the addition may not exceed the length of that part of the existing structure which is in violation of the current setback requirement or twenty feet (20'), whichever is less.
F. Uncovered Porches And Decks: Uncovered porches and decks may not extend into a side, rear, or front yard setback. No exterior stand alone wood burning units are permitted in any zoning district.
G. Minimum Lot Area Per Unit: The lot area per unit requirement for single-family, two-family, townhouse, apartment and planned unit developments shall be calculated on the basis of the total area on the lot.
1. One-Family: As specified in zoning district provisions.
2. Multiple-Family: As specified in zoning district provisions.
H. Single-Family Dwellings: All single-family detached homes except in the R-4 district shall:
1. Be constructed upon a permanent foundation that meets the requirements of the state building code.
2. Not be less than twenty two feet (22') in width. Width measurements shall not take account of overhang and other projections beyond the principal walls.
I. Dwelling Unit Restriction:
1. No garage, tent, accessory building, travel trailer or motor home shall at any time be used as living quarters, temporarily or permanently.
2. Energy conserving designs in housing are not prohibited by this provision of this title, provided that a conditional use permit is approved by the council and the structure complies with the standards imposed by the state and the uniform building code.
3. Tents, playhouses, travel trailer or motor homes or similar structures may be used only for play or recreational purposes.
4. No accessory building or structure other than a fence or temporary construction office may be constructed prior to the time of construction of the principal building or structure.
J. Platted And Unplatted Property:
1. Any person desiring to improve property shall submit to the zoning official an accurate description of the property to be improved including front, rear and side yard lot lines of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments and any other information which may be necessary to ensure conformance to city provisions.
2. All buildings shall be placed so that they will not obstruct future streets, which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.
3. Not more than one principal building shall be located on a lot.
K. Swimming Pools:
1. A permit shall be required for all swimming pools with a capacity of five thousand (5,000) gallons and/or two feet (2') or more of depth. Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:
a. The proposed location and its relationship, to the other principal buildings on the lot.
b. The size of the pool.
c. Fencing and other fixtures existing on the lot, including utility location and trees.
d. That the requirements contained in subsection K2 of this section will be satisfied.
2. All pools for which a permit is required and granted shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening or other enclosure, or any combination thereof, of sufficient density as to be impenetrable. If fences are employed, they shall be at least six feet (6') in height. The bottoms of the fences shall not be more than four inches (4") from the ground. Fences shall be of a noncorrosive material and shall be constructed so as to be not easily climbable. All fencing openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to small children. All fenceposts shall be decay or corrosion resistant and shall be set in concrete bases or other suitable protection. The opening between the bottom of the fence and the ground or other surfaces shall be not more than four inches (4").
3. Aboveground and belowground swimming pools are permitted in rear yards only. A minimum setback of eight feet (8') must be maintained from the edge of the pool to a side or rear property line.
L. Drainage Plans:
1. In the case of all residential subdivisions, multiple-family, commercial and industrial developments, the drainage plans with appropriate spot site elevations shall be submitted to the city for review and the final drainage plan shall be subject to written approval. In the case of such uses, no modifications in grade and drainage flow through fill, erection of retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the city engineer. (Ord. 230, 5-6-2002)
2. New residential construction shall have the building elevation requirements set by the city engineer in writing. The elevation shall be measured as the difference in the following two (2) points: from the front elevation of the finished garage floor, to the flowline of curb (lowest point of curb) measured from the center of the driveway.
The typical range shall be thirty (30) to thirty six inches (36"). The final determination will be made by the city engineer to avoid drainage problems and other potential conflicts. (Ord. 236, 7-26-2004)
3. Hawley city council may set a uniform foundation elevation for new subdivisions by resolution.
M. Glare: Any lighting used to illuminate an off street parking area, signs or other structures, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of light shall be hooded or controlled in some manner so as not to light adjacent property. Bare light bulbs shall not be permitted in view of adjacent property or public right of way. Any light or combination of lights which cast light on residential property shall not exceed four (4) foot-candles (meter reading) as measured from said property. This section shall not apply to sports stadiums and athletic fields or to public recreational facilities.
N. Refuse:
1. Location And Screening: All refuse and refuse handling equipment including, but not limited to, garbage cans, dumpsters and recycling containers shall be stored within the principal structure, within an accessory building, or for exterior storage, totally screened from eye level view from all neighboring uses, and the public right of way, except for the following:
a. Detached single-family residences.
b. Duplexes.
c. All other residential structures with four (4) dwelling units or less.
2. Exterior Storage: Exterior storage shall require the following:
a. The enclosed trash receptacle area shall be located in the rear or side yard and shall observe all applicable setback requirements and easements.
b. The trash enclosure must be in an accessible location for pick up hauling vehicles.
c. The trash receptacles must be fully screened from view of adjacent properties and the public right of way by a fence or wall of at least five feet (5') in height and a minimum opaqueness of eighty percent (80%).
O. Outside Storage, Residential, Commercial And Industrial Uses:
1. In residentially zoned areas, the following items shall not be stored on a lot, unless they are within a building:
a. Racing cars.
b. Recreational equipment, recreational vehicles, utility trailers or equipment, and off road vehicles kept in a side yard or rear yard must be parked on a gravel, paved, or concrete surface. No parking in front yard is allowed.
c. Construction and landscaping material, unless they are currently being used on the premises.
d. On and off street parking of noncurrently registered and/or inoperable passenger vehicles and trucks.
e. Front yard exterior storage of firewood, or any exterior storage of firewood, which storage is not for the purpose of consumption by the person or persons on whose property it is stored.
f. Household storage including lawn maintenance and snow removal equipment and tools, furniture, and recreational tools and equipment, when not in use, must be kept in a garage, storage building, screened enclosure in a rear yard, or behind the dwelling so as not to be visible from the street.
2. All nonresidential outside storage shall conform to the following conditions:
a. The area occupied is not within a required front or required side yard.
b. The storage area is totally fenced or fully screened. For purposes of this subsection O, storage does not include the display of goods which are being sold at retail to the general public such as automobiles, trucks, farm equipment and similar items.
c. The storage area is surfaced to control dust and drainage according to a plan submitted to and subject to approval of the city engineer. Gravel surface storage is permitted when approved by the city engineer.
d. All lighting shall be hooded and so directed that the light source shall be in compliance with subsection M of this section.
e. The storage area does not encroach upon required parking spaces or required loading space as required by this chapter.
f. A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the city engineer. (Ord. 230, 5-6-2002)