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(a) Definitions.
(1) Adult Entertainment Facilities: A facility having a significant portion of its function as adult entertainment which includes the following listed categories:
A. Adult Book Store. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" as herein defined or an establishment with a segment or section devoted to the sale or display of such material;
B. Adult Mini Motion Picture Theater. A facility with a capacity for less than fifty persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or relating to "specified anatomical areas" for observation by patrons therein;
C. Adult Motion Picture Theater. A facility with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein; and
D. Adult Entertainment Business. Any establishment involved in the sale or services of products characterized by the exposure or presentation of "specified anatomical areas" or physical contact of live males or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage and similar functions which utilize activities as specified above.
(2) Specified sexual activities.
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus or fellatio;
C. Fondling or other erotic touching of human genitals, pubic regions, buttock or female breasts.
(3) Specified anatomical areas.
A. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola;
B. Human male genitals in a discernibly turgid state even if completely and opaquely covered.
(b) Use. Adult entertainment facilities are permitted uses in the I2 Limited Industrial District only, subject to the conditions and requirements set forth in the Planning and Zoning Code and the following limitations:
(1) No adult entertainment facility shall be established within 1000 feet of any area zoned for residential use.
(2) No adult entertainment facility shall be established within a radius of 1500 feet of any school, library, or teaching facility, whether public or private, governmental or commercial, which school, library, or teaching facility is attended by persons under eighteen years of age.
(3) No adult entertainment facility shall be established within a radius of 1500 feet of any park or recreational facility attended by persons under eighteen years of age.
(4) No adult entertainment facility shall be established within a radius of 1000 feet of any other adult entertainment facility or within a radius of 1000 feet of any two of the following establishments:
A. Cabarets, clubs or other establishments which feature topless or bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers;
B. Establishments for the sale of beer or intoxicating liquor for consumption on the premises;
C. Pawn shops;
D. Pool or billiard halls;
E. Pinball palaces, halls or arcades;
F. Dance halls or discotheques;
G. Gaming establishments or playing card clubs.
(5) No adult entertainment facility shall be established within a radius of 1500 feet of any established church, synagogue or permanently established place of religious services which is attended by persons under eighteen years of age.
(6) No advertisements, displays or other promotional materials shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-public.
(7) All building openings, entries, windows, etc., for adult uses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.
(8) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas.
(9) Off-street parking shall be provided in accordance with Chapter 1193 for similar uses, as well as all other standards for permitted uses within the I-2 District. (Ord. 05-08. Passed 2-25-08.)
(a) Existing Lot of Official Record. In any district where dwellings are permitted, a permitted residential dwelling(s) may be erected on any lot of official record on the effective date of this Zoning Code even though such lot does not comply with the minimum lot area and minimum width requirements of such district, provided said lot has a minimum of forty (40) feet of frontage on an improved public street and further provided the following conditions are met:
(1) If the owner of such lot does not own adjoining property and did not own such property at the time this Zoning Code became effective:
A. Each required side yard may be reduced by two (2) inches for every foot that is narrower than the required lot width at the building line, but in no case shall each required side yard be less than four (4) feet. Such dedications shall not apply to structures higher than two (2) stories.
B. Required rear yards shall be twenty-five (25) percent of the lot depth, but in no case shall be less than fifteen (15) feet.
(2) If the owner of such lot owns the adjoining property and owned such property at the time this Zoning Code became effective then in order to erect a dwelling(s) that meets district dimensional requirements, such lots shall be combined to create a parcel that meets said requirements.
(Ord. 05-08. Passed 2-25-08.)
(a) Definitions and Application. The words "fence" and "wall" mean any structure composed of wood, metal, stone, brick or other material erected in such a manner and position as to enclose, partially enclose or divide any premises or any part of any premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers or other vegetation when erected in such a position as to enclose, partially enclose or divide any premises or any part of any premises shall also be considered a fence.
(b) Prohibited.
(1) Barbed wire or similar sharp point fences.
(2) Electrically charged fences in all districts except RU Zoning Districts on sites of more than ten (10) acres used to confine livestock.
(3) Chicken or livestock wire fences in all districts except RU Zoning Districts used to confine livestock.
(c) Regulations.
(1) All fences shall be maintained in good condition, be structurally sound and attractively finished at all times.
(2) All fences and walls must present the finished non-structural face outward.
(3) No fence or wall shall be constructed in any platted no-build zone, conservation/no disturb zone, floodway, floodplain or drainage easement for any parcel or subdivision which would be detrimental to the public health, safety and welfare. All portions of the property shall remain accessible from outside the fence area by means of a gate or other opening.
(4) No fence or wall may be placed within the sight visibility triangle defined in Section 1183.03(c).
(5) No fence or wall shall be permitted to encroach upon public rights-of-way.
(6) All fences on a parcel shall have a unified style.
(7) Guard rails shall not be used as fencing.
(d) Location.
(1) Residential Zoning Districts, RS1, RS2, RS2A, RS3, and MRF.
(i) Maximum six (6') foot fence height in side and rear yards.
(ii) Maximum three (3') foot fence height in front yards (any fence located past the front main building line toward the street).
(iii) Fences located in the front yard shall have a minimum opacity of fifty percent (50%).
(iv) Properties located on corner lots have two (2) front yards. Each yard facing a public street is considered a front yard and shall follow Section 1183.12(d)(1)(ii).
(v) Residential fences may be placed up to the front line, side or rear property line, but shall not be placed closer to the right of way line.
(2) Commercial Zoning Districts, B1, B2, B3, 11, 12, and OLR.
(i) Maximum eight (8') foot fence height in side and rear yards, but shall not be placed closer to the street than the front of the main building.
(ii) Properties located on corner lots have two (2) front yards. Each yard facing a public street is considered a front yard and shall follow Section 1183.12(d)(2)(i).
(e) Zoning Permit Required. No fence shall be constructed, altered or reconstructed without a Zoning Permit.
(1) It is the responsibility of the property owner to inquire with any Home Owners Association (HOA) that may exist for development fence regulations.
(f) Inspections. It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans approved by the Municipality, and such fence does not encroach upon another lot or parcel of land nor is it in violation of any deed restrictions. The Municipality shall conduct an inspection as is deemed necessary to determine that the fence is constructed in accordance with plans approved in the permit. The issuance of the permit by the Municipality shall not be construed to mean that the Municipality has determined that the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon them therein.
(g) Temporary Fences. Temporary fences may be used for the following:
(1) Temporary construction fences when such fence is indicated on an approved site plan.
(2) Temporary fences used for Special Events and indicated on fill approved site plan for event.
(3) Temporary snow fence installed by any Government agency.
(4) Temporary fences installed for the protection of the public from any obvious danger.
(Ord. 12-2024. Passed 6-24-24.)
Home occupations shall be those limited occupations which are hereafter defined and which may be carried on as a conditional use in any residential district except Multi-Family Residential Districts. Home occupations are prohibited in Multi-Family Residential Districts.
(a) Standards for home occupations. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this Zoning Code and complies with the following restrictions or standards:
(1) No person other than members of the family residing on the premises shall be engaged in a home occupation.
(2) No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling.
(4) The space devoted for use of the home occupation must be within the main dwelling or basement and shall occupy not more than 300 square feet. Accessory buildings such as garages or sheds, whether attached or unattached, shall not be used for home occupations.
(5) No mechanical or electrical equipment shall be used except normal domestic or household equipment, computers, adding machines, typewriters, copy machines and similar equipment, or any equipment necessary and essential to any home occupation that otherwise meets the requirements of this section.
(6) No home occupation shall be used in such a manner as to create offensive odors, noise, vibration, smoke or other particulate matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties.
(7) There shall be no outdoor storage of equipment or materials used in the home occupation.
(8) Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time.
(9) The home occupation shall not generate traffic greater in volume than normal for residential neighborhood.
(10) Vehicles used by customers shall be parked in the driveway or along the street curb abutting the premises.
(b) Conditional Use Permit Required. All persons conducting home occupations which are presently existing or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a conditional use permit from the Board of Zoning Appeals. All persons who presently have a valid permit issued by the Zoning Inspector for an existing home occupation will be required to obtain a conditional use permit following expiration of the existing permit.
(Ord. 05-08. Passed 2-25-08.)
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