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(A) Application.
(1) Any yard or setback line so placed or oriented that none of the specific terms in this chapter are applicable shall necessitate a determination by the Building Inspector of suitable dimensions generally required for a similar situation in the zone district.
(B) Yard encroachments. No structure or part thereof shall project into a required front yard except:
(1) An eave, cornice overhang, awning, balcony or bay window not exceeding four feet; provided, however, that in no event shall said encroachment protrude closer than 20 feet to a front lot line.
(2) The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding two feet.
(3) Unenclosed, uncovered steps, entrance platforms, terraces or landings not over 18 inches above grade level are not to project a distance in excess of ten feet.
(C) Projections. No structure or part thereof shall project into a required side or rear yard except:
(1) An eave, cornice, overhang, awning, balcony or bay window not exceeding four feet; provided, however, that said encroachment shall not protrude closer than 80% of the required distance to any side or rear lot line.
(2) The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding two feet; provided, however, that said encroachment shall not protrude closer than 80% of the required distance to any side or rear lot line.
(3) Unenclosed, uncovered steps, entrance platforms, terraces or landings not over 18 inches above grade level.
(D) Alley abutting rear or side yard. One-half of an alley abutting the rear or side of a lot may be included in the rear yard or side yard, respectively, but such alley space shall not be included for loading and unloading berths.
(E) Side yards. Where 60% or more of the lots in a block frontage are occupied by buildings which provide side yards of less than the minimum required by this chapter, the average side yard of such buildings may determine the required side yard; provided, however, no side yard shall be reduced to less than three feet. Where an existing building is deficient in side yards, any addition to such an existing building shall maintain the existing side yards.
(F) Tapered yard formula (for accessory building). Where an interior lot fronts on a side street in the rear of the corner lot by an alley, an accessory building located on the rear lot line of the corner lot shall set, back from the side street as far as the dwelling on said interior lot. For each foot that such accessory building is placed from the rear lot line toward the front lot line of the corner lot, the accessory building may be set four inches closer to the front lot line along the side street required by this chapter.
(G) Fences.
(1) Fences used for agricultural purposes, recreation use or the public safety shall not be regulated by this chapter.
(2) Fences used for residential purposes shall be allowed without the issuance of any permit, subject to the following provisions:
(a) Fences shall be allowed in side and rear yards up to a height of six feet.
(b) No setback shall be required for fences in side and rear yards.
(c) Fences shall be allowed to extend along side property lines provided that from the building setback line to the road right-of-way line they shall be of an open or wire mesh type and shall not exceed three and one-half feet in height.
(d) Fences shall not be permitted to block passage along existing sidewalks.
(e) Front yard fences within the building setback line shall not exceed six feet in height.
(f) Fencing intended for decorative purposes only, and which does not include any area to be completely enclosed, may be allowed on any part of a parcel, provided that is does not exceed three feet in height.
(3) Fences in Business (B-1, B-2, B-3) or Industrial (I-1, I-2) Districts, where used for commercial or industrial uses, shall be allowed subject to the following provisions.
(a) Fences intended for security purposes shall not exceed a maximum height of eight feet, plus a maximum of three strands of barbed wire, and shall be allowed within any side or rear yards; however, they shall not be allowed in any greenstrip or buffer area.
(b) Fencing intended for decorative purposes only may be allowed anywhere on a parcel, provided it does not exceed three and one-half feet in height.
(4) Every outdoor swimming pool, which is more than 18 inches in depth, shall be surrounded by a fence not less then four feet in height. Such fence shall be either of chain link type and style or of a type of style offering equivalent protection. All gates or door openings through such enclosure shall be designed to permit locking and shall be kept locked when the pool is not in actual use, or left unattended. (See § 156.075(C)(4)(c) of this code.)
(H) Screening and minor accessory uses.
(1) Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls, mail boxes, name plates, lamp posts, bird baths and structures of a like nature are permitted in any required front, side or rear yard, without the issuance of any permit.
(2) Trees, shrubs, flowers or plants shall be permitted in any required front, side or rear yard, except that vision clearance or corner lots shall be provided when required.
(I) Intersection visibility.
(1) In all districts, except the B-3 District, a triangular space at the street corner of a corner lot shall be maintained free from any kind of obstruction to vision between the heights of three and 12 feet above the established street grade. The street grade is measured at the intersection of the center lines of the intersecting street pavement, and the triangular space is determined by a diagonal line connecting two points measured 15 feet along each of the street property lines equidistant from the intersection of the property lines or the property lines extended at the corner of the lot.
(2) In the case of a rounded property corner, said triangular area shall be measured from the intersection of the street right-of-way lines extended.
(3) In addition, the above vision sight lines shall apply to any lot within ten feet from the intersection of a street right-of-way line with the edge of a driveway pavement or alley line. No driveway shall be located within 40 feet of the intersection of two street lines. (See § 156.078 of this code.)
(J) Storage.
(1) No portion of any required yard shall be used for the permanent storage of motor vehicles, recreational vehicles, recreational vehicles, trailers, airplanes, boats or parts thereof, rubbish, garbage, junk, tent or building materials, except during construction and in accordance with the terms of this chapter. (See § 156.075 of this code.) Recreational boats and trailers are to be considered as recreational vehicles for the purpose of storage. (See § 156.075 of this code.)
(2) Permanent storage for purpose of this section shall be construed as the presence of such storage for a period of 48 or more consecutive hours in any one week period. (See § 156.075 of this code.)
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004)
Every building thereafter erected or moved shall be located on a lot with frontage and access on a public street, or with frontage and access to an approved access drive as defined in division (3) of the definition of subdivision in § 151.03 of this code, and all buildings shall be so located on lots so as to provide for safe and convenient access, fire protection and required off-street parking.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004)
(A) Every building hereafter erected shall be located on a lot unless otherwise specified for planned developments.
(B) In no case shall there be more than one principal building used for residential purposes, and its accessory buildings, located on one lot, except as otherwise provided in this chapter for a recreational vehicle park or unit development plan.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004)
(A) It is the purpose of this chapter to discourage the conversion of existing dwellings originally designed for occupancy by two families or less to occupancy by more than two families when such conversion is likely to lead to overcrowding, to lack of privacy, to lack of sufficient light and air, to unsafe or unsanitary living conditions or to inadequate provisions for off-street parking and open space.
(B) Such conversions shall be consistent with the purposes of other applicable provision portions of this chapter, including housing and building codes and fire safety and utility programs.
(C) In connection with such conversion there shall be no evidence of change in the building to indicate the extra dwelling units, except as may be required by the aforementioned codes and programs; all fire escapes or stairways leading to a second or higher floor shall be completely enclosed within the converted building; and no dwelling shall be so converted unless in connection therewith it be placed in a reasonable state of repair.
(D) In cases of question as to the applicability of these standards, such proposed conversion shall be deemed an exception and placed before the Board in accordance with the requirements in § 156.136 of this code.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004)
(A) Manufactured homes. Manufactured homes (see § 156.002 of this code for the definition) shall be permitted in any district permitting installation of a single-family dwelling unit. However, the location of the manufactured home is subject to the requirements and limitations applying generally to dwelling units in such district. For example, see setback requirements, side and rear yard area requirements, lot size requirements, parking requirements and the like. In addition:
(1) The manufactured home shall be a dwelling unit (see § 156.002 of this code for the definition);
(2) All necessary improvement, location, building and occupancy permits and certifications required by this Zoning Code, the Building Code and this code of ordinances shall be obtained;
(3) The manufactured home shall exceed 950 square feet of occupied space and meet any greater square footage requirements for the district and for the subdivision in which it is to be located;
(4) The manufactured home shall be attached and anchored to a permanent foundation (see § 156.002 of this code for the definition). It shall also comply with manufacturer’s installation specifications, if any;
(5) The manufactured home shall have a permanent perimeter wall (see § 156.002 of this code for the definition);
(6) The manufactured home shall be covered with an exterior material customarily used on site built single-family residences in the district where it is to be located and such material shall extend over the top of the permanent perimeter wall;
(7) The manufactured home shall have a roof composed of a material customarily used on site built single-family residences in the district where it is to be located such as fiberglass, shake, asphalt or tile, which shall be installed onto a surface appropriately pitched for the materials used and shaped as a gable roof with a minimum rise of three inches per foot; and
(8) The manufactured home shall have been constructed after January 1, 1981.
(C) Mobile homes permitted according to certain conditions.
(1) A mobile home located on a lot, when an improvement location permit and a certificate of occupancy have been issued for such use which is on file in the office of the Building Inspector, is a permitted use on the lot and shall be classified by the Building Inspector according to one of the six mobile home classifications set forth in division (D) below.
(2) Accordingly, the existing “classified” mobile home may remain on the lot upon which it was legally located at the time of passage of this chapter.
(3) The owner of the lot has the following options.
(a) The existing mobile home may be replaced with another mobile home having the same or a higher classification, provided that the existing mobile home would either replace another mobile home in the county, or be removed from the county before an improvement location permit could be issued by the Building Inspector.
(b) The existing mobile home may be replaced with any other use permitted in the particular district where the lot is located.
(c) If an existing or replaced mobile home is removed from a lot for a period of more than 90 days, another mobile home cannot again be located on that lot.
(d) No mobile home may be located in the county unless it is: Equal to or more than 950 square feet of living space; and not older than ten years at the time location is requested.
(D) Classification of mobile homes. Mobile homes are hereby divided into the following classes by the Building Inspector:
(1) Class A. Mobile homes built on or after June 15, 1976, and manufactured dwellings built prior to January 1, 1981, or on or after June 15, 1976, certified as meeting the mobile home construction and safety standards of the Department of Housing and Urban Development and approved as meeting “acceptable similarity” appearance standards in accordance with 29 U.S.C. § 794;
(2) Class B. Mobile homes certified as meeting HUD mobile home construction and safety standards, but not approved as meeting “acceptable similarity” appearance standards;
(3) Class C. Mobile homes (built prior to June 15, 1976), certified as meeting “acceptable prior code or codes,” or used mobile homes certified as meeting either HUD standards specified above or such prior code, found on inspection to be in excellent condition and safe and fit for residential occupancy;
(4) Class D. Mobile homes (built prior to June 15, 1976), whether or not certified as meeting HUD or prior codes, found on inspection to be in good condition;
(5) Class E. Mobile homes (built prior to June 15, 1976), whether or not certified as meeting HUD or prior codes, found on inspection to be in fair condition; and
(6) Class F. Mobile homes (built prior to June 15, 1976), whether or not certified as meeting HUD or prior codes, found on inspection to be in poor condition, unsafe and/or unfit for residential occupancy.
(Ord. 8-7-1-3, passed 10-10-1961; Ord. passed 1- -2004; Ord. 2005-3, passed 5-12-2005)
(A) Normal maximum building heights.
(1) The normal maximum height of a dwelling is as follows in the districts indicated: 35 feet or two and one-half stories in the A-1 and R-1 Districts; 25 feet or two stories in the R-1A, R-1B and R-1C Districts; and 40 feet or three and one-half stories in the R-2, B-1, B-2, B-3, I-1, I-2 and UD Districts.
(2) The normal maximum height of business uses is as follows in the districts indicated: 40 feet in the B-1 and B-2 Districts; 60 feet in the B-3, UD and I-1 Districts.
(3) The normal maximum height of enclosed industrial uses is 60 feet in the B-3, I-1 and I-2 Districts; and for open industrial uses, 60 feet in the I-2 District.
(4) The normal maximum height of contingent uses is as follows in the districts indicated: 35 feet in the A-1 and R-1 Districts; 25 feet in the R-1A, R-1B and R-1C Districts; 40 feet in the R-2, B-1, B-2 and I-1 Districts; and 60 feet in the B-3 and I-1 Districts.
(5) The normal maximum height of accessory buildings is as follows in the districts indicated: 18 feet in the R-1A, R-1B, R-1C, R-2, B-1, B-2, I-2 and UD Districts; and 24 feet in the B-3 and I-1 Districts; provided that an accessory building to a farm house or farm dwelling may be erected to a normal maximum height of 40 feet.
(B) Height exceptions.
(1) In the districts limiting height to 25 feet, a dwelling may be increased in height to 25 feet, a dwelling may be increased in height not to exceed 40 feet provided the required side yards are increased an additional foot for each foot such structure exceeds 25 feet in height.
(2) Business and industrial buildings and structures may be erected higher than the normal maximum if they are set back from front and rear property lines, one foot for each two feet of additional height above the normal maximum height, provided that the Zoning Inspector approves the increased height, primarily upon the availability of adequate fire protection.
(3) Chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, stacks, tanks, water towers, transmission towers or essential mechanical appurtenances, may be erected to any height not prohibited by other laws or the provisions of this chapter.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004)
In any district where applicable, the following standards shall supplement the business use requirements of the district.
(A) General standards.
(1) No unusually loud amplification of radio music or other audio advertising shall be permitted on the premises.
(2) No lights utilizing an attracting device or lights on stringers of unshielded incandescent lamps or attention attracting lighting from apparatus of a type used by emergency vehicles shall be permitted on the premises.
(3) There shall be no exterior displays which restrict visibility in any way or which impede the movement of any vehicles. All such displays shall be maintained in an orderly manner.
(4) Adequate indoor or outdoor trash containers shall be required; provided, however, that trash containers exceeding six cubic feet shall be located within a solid, decorative stall behind or beside the primary structure, away from the view of the frontal street.
(5) No vending machines shall be permitted on the exterior of any building on the premises except where contained in a shelter, stall or other area so located as not to interfere materially with the use of adjoining property.
(6) No pennants or other similar attracting or advertising devices shall be permitted on the premises; however, notwithstanding the provisions of this section, the use of pennants and other similar attracting devices in connection with a special promotional program may be permitted by the Board upon the issuance of a temporary improvement locations permit. (See § 156.076 of this code.)
(B) Traffic congestion.
(1) The number of traffic access points for establishments with 100 feet or less of frontage on a street shall not exceed one.
(2) Whenever practicable, for establishments with frontage of more than 100 feet, a service road shall be provided, of not less than two lanes in width or a combined service road and parking area, parallel with an adjacent to the street upon which the establishments front. In the event the establishments front on more than one street, such service roads may be required on more than one street frontage.
(3) The service road or roads required by this section shall be effectively separated from the main roadway by a landscape strip or other suitable delineation, and shall be designed and arranged so as to provide the principal means of access to abutting business establishments.
(4) In general, the use of public improved alleys, interior access roads or any other designed means to minimize the number of traffic access points and business intersections therein axe encouraged.
(C) Open-air business. Any establishment where the principal use is the drive-in type of business, or is generally characterized by open-air business operations, shall be subject to the following standards.
(1) A decorative fence or wall of not less than five feet in height shall be constructed and maintained along the side and rear lot lines. Where such use abuts a residential use, a buffer landscape strip at least 20 feet in width shall be provided and maintained along the side and rear lot lines within this buffer, a landscape screen shall be provided not less than six feet in height.
(2) Such business uses shall be limited to the characteristics customarily associated with such use and no other.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004)
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