(A) Permitted uses.
(1) A building or premises shall be used only for the following purposes:
(a) Churches;
(b) Garage apartments; provided that, the building shall be set back ten feet from all lot lines;
(c) Gardening, but not the raising of livestock;
(d) Golf courses, except miniature golf courses, putting greens, driving ranges or other forms of amusement operated as a business;
(e) Home occupations and professional offices of one who lives in the main building; (See § 154.30(D) through (G) of this chapter for details.)
(f) Hospitals and clinics, except animal hospitals and clinics;
(g) Schools, elementary and high;
(h) Single-family dwelling; and
(i) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion of the construction work.
(Prior Code, § 11-4-1)
(2) If any property within an area zoned as Single-Family Dwelling District is being used for another purpose at the time of the passage of this division (A), the use may continue. When said property ceases from the restricted use, only the uses stated in this division (A) will be permitted. Any non- conforming use will terminate if the property is sold.
(B) Yards.
(1) Front yard.
(a) There shall be a front yard having a depth of not less than 25 feet, unless 25% or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have observed an average front yard line with a variation in depth of not more than six feet, in which case, no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than 50 feet .
(b) Where lots have a double frontage, the required front yard shall be provided on both streets.
(2) Side yard.
(a) Except as provided in division (B)(2)(b) below, there shall be a side yard on each side of a building having a width of not less than five feet from the eaves of the building to property line.
(b) On corner lots, there shall be a side yard on the side street of not less than 50% of the front yard required on the lot, and no accessory building shall project beyond this side yard line; except that, on corner lots and corner tracts of land of 50 feet in width, it shall be permissible to build within five feet of the property line on said yard line.
(Prior Code, § 11-4-2)
(C) Lot area; intensity of use. There shall be a lot area of not less than 5,000 square feet; except that, if a lot of record recorded prior to the effective date hereof has less area than herein required, that lot may be used for any of the uses permitted by this chapter; provided that, all area regulations are observed.
(Prior Code, § 11-4-3)
(D) Definition and stipulations of “home occupations”.
(1) A HOME OCCUPATION is a commercial use that is accessory to a residential use. A home occupation must comply with the requirements of this chapter.
(2) A home occupation must be conducted entirely within the dwelling unit or one accessory garage and require no more than 25% of the gross floor area of the residence and/or garage.
(3) Participation in a home occupation is limited to occupants of the dwelling unit; except that, one person who is not an occupant may participate in a medical, professional, administrative or business office if off-street parking is provided for that person.
(4) The residential character of the lot and dwelling must be maintained.
(5) The home occupation must enhance the public health, safety and general welfare of the surrounding neighborhood.
(6) The home occupation must not diminish the value and quality of the surrounding neighborhood.
(7) The occupation must not impose a load on any utility greater than normally required for domestic use.
(8) There shall be no display windows; nor shall any materials or supplies be stored in the open.
(9) Equipment or materials associated with the home occupation must not be visible from locations off the premises.
(10) A home occupation may not produce noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste run-off outside the dwelling unit or garage.
(11) No business involving the pickup or delivery of goods or products will be conducted between the hours of 7:00 p.m. to 7:00 a.m.
(12) Parking a commercial vehicle of two-ton capacity or greater on the premises or on a street adjacent to residentially zoned property is prohibited.
(13) Any current or future developers or existing homeowners may bar home occupations with a protective covenant for any new or existing residential platted addition.
(14) Advertising a home occupation by a sign on the premises is prohibited, except as provided under division (E) below.
(15) The following are prohibited as home occupations:
(a) Adult-oriented businesses;
(b) Animal hospitals, animal breeding;
(c) Automotive repair services;
(d) Businesses involving the repair of any type of internal combustion engine, including equipment repair services;
(e) Clinics, hospitals;
(f) Cocktail lounges;
(g) Contractor’s yards;
(h) Dance studios;
(i) Drop-off recycling collection facilities;
(j) Equipment sales;
(k) Hospital services;
(l) Massage parlors other than those employing massage therapists licensed by the state;
(m) Recycling centers;
(n) Rental outlets;
(o) Restaurants;
(p) Scrap and salvage services; and
(q) Second hand or used items.
(Prior Code, § 11-4-4)
(E) Home occupation signs. A home occupation that is allowed under division (D) above may display one on-premises sign bearing the name of the home occupation if the following requirement is met: the sign must be a non-illuminated sign, not more than 144 square inches in area, with a maximum height of eight feet. A home occupation sign permitted under this section must be removed if the home occupation ceases to be used or fails to comply with the requirements of this chapter.
(Prior Code, § 11-4-5)
(F) Permit for home occupation. Town permit must be obtained before establishing any home occupation by submitting a home occupation application and permit fee to the town’s Clerk-Treasurer. The permit will be reviewed by the Planning and Zoning Commission with recommendations made to the Town Board for final determination. The permit fee will be set by the Town Board.
(Prior Code, § 11-4-6)
(Ord. 2017-2, passed 11-13-2017; Ord. 2021-2, passed 4-12-2021)