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(a) Number of main buildings on tract. No more than one main building shall be located on a tract or lot when used for residential purposes. When a tract or lot is used for commercial purposes, more than one main building may be located on the tract or lot provided the buildings conform to all yard requirements around the lot for the district in which the tract or lot is located.
(b) Adjustments to front yard requirements. Where, on the effective date of these regulations, 40% or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner:
(1) Where the building furthermost from the street provides a front yard not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards;
(2) Where this division (b)(1) above is not the case and a lot is within 100 feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two adjacent buildings; and
(3) Where neither division (b)(1) nor (b)(2) above is the case, and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.
(c) Adjustment to side yard requirements. Buildings with side yard setbacks less than required by this chapter, may have additions erected in line with the existing building and provided further that the addition will be erected no closer to the lot line then the existing building.
(d) Projections from buildings. Every part of any required yard shall be open to the sky and unobstructed except:
(1) Eaves may project into a front or rear yard 36 inches, exclusive of gutters;
(2) Eaves may project into a side yard 24 inches, exclusive of gutters;
(3) Ordinary projection of sills, belt courses, cornices, vertical solar screen and ornamental features which may project 12 inches;
(4) Air conditioners, not to exceed five-ton unit or parts thereof, may project into a required side yard, provided that the projections shall be distant at least three feet from the adjacent lot line and shall not extend more than three feet from the building. The air conditioners may project into a required front yard, but shall not extend more than three feet from the building, and the air conditioner may extend into one side of a corner lot; and
(5) Solar collectors which are a part of the main building may extend into a required rear yard for a distance not to exceed ten feet.
(e) Porches and terraces in front yards.
(1) An open, unenclosed porch may project into a required front yard for a distance not exceeding ten feet. Balconies and paved terraces may project into a required front yard for a distance not exceeding six feet.
(2) An enclosed vestibule containing not more than 40 square feet may project into a required front yard for a distance not to exceed four feet.
(f) Projection of terraces, porches, platforms and ornamental features. Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the floor level of the ground (first) story may project into a required side or rear yard, provided these projections be distanced at least three feet from the adjacent side lot line.
(1992 Code, App. F, § 15.08) (Ord. 10-06, passed 1-23-2006)
Exceptions. The height regulations established in these regulations shall not be applied to:
(a) Flag poles, domestic television antennas, church spires, chimneys or water towers, except when these structures shall be located in the airport approach zones;
(b) Mechanical appurtenances and elevator penthouses which are located on top of a building shall not exceed 12 feet in height above the maximum permitted in the district in which they are located;
(c) The maximum height for telecommunications towers and wireless communications facilities shall not exceed 100 feet for single users or 200 feet for two or more users. When the structure is located in an airport approach zone, Federal Aviation Administration approval will be required prior to permit issuance; and
(d) Broadcast towers are exempt from the maximum height restrictions of this chapter.
(1992 Code, App. F, § 15.09) (Ord. 10-06, passed 1-23-2006)
(a) Approach zone.
(1) Within the air space above the approach zone to each end of a runway designed to be used for instrument landings, no building, structure or growth shall be erected, altered or permitted to project above a plane with a slope of one (vertical) to 50 (horizontal) projected from a point 200 feet beyond the end of a runway for a distance of 10,000 feet, the plane to be in the shape of symmetrical trapezoid 1,000 feet in width at its lowest point and 4,000 feet in width at its highest point; combined with a second plane with a slope of one (vertical) to 40 (horizontal) extending from the upper edge of the first plane for an additional distance of 40,000 feet, the plane to be in the shape of a symmetrical trapezoid 4,000 feet in width at its lowest point and 16,000 feet in width at its highest point.
(2) Within the air space above the approach zone to each end of a runway not designed to be used for instrument landings, no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to 40 (horizontal) projected from a point 200 feet beyond the end of the runway for a distance of 10,000 feet, the plane to be a symmetrical trapezoid (*) feet wide at its lowest point and (*) feet wide at its highest point.
(b) Transition zones. Within the established transition zones adjacent to each instrument and non-instrument runway and approach zone, no building, structure or growth shall be erected, altered or permitted to project above a plane with a slope of one (vertical) to seven (horizontal). Transition zones extend outward and upward from a line (*) feet on either side of the center line of non-instrument runways for the length of the runway plus 200 feet on each end; to a height 150 feet above the elevation of the airport reference point. In addition, transition zones are established adjacent to both instrument and non-instrument approach zones which flare outward and upward symmetrically along the entire length of each approach zone to where they intercept to the surfaces of the horizontal and conical zones.
(c) Conical zone.
(1) Within (*) feet from the established airport reference point, no building or structure shall be erected or altered to project above a horizontal plane 150 feet above the established airport elevation. This horizontal zone does not include the approach or transition zones.
(2) Within the conical zone, which commences at the periphery of the horizontal zone and extends outward there from a distance of (*) feet, no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to 20 (horizontal).
(3) Exception: Nothing in this section shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 20 feet above the surface of the land.
* The applicable distance in feet (referenced in this section) must be based on runway length as set forth in § 77.27 of Part 77 of the Federal Aviation Regulations.
(1992 Code, App. F, § 15.10) (Ord. 10-06, passed 1-23-2006)
(a) Intent.
(1) This section addresses the application, review and regulation of extraction and on-site processing of rock, sand and gravel. An applicant must meet certain requirements as specified in division (c) below when filing for a conditional use permit in addition to the general requirements contained in other sections of the zoning regulations.
(2) The developmental and operational criteria contained in division (g) below are intended to assist in the formulation of conditions to be imposed on individual extraction operations. The criteria have been designed to eliminate potential health risks and minimize the adverse impact on other land uses due to extraction operations.
(3) The county and city will have the discretion of requiring more or less stringent conditions based upon the location of a proposed operation. It is also recognized that the operations will not be appropriate throughout all areas of the joint zoning jurisdiction.
(b) Submission of application. The application for rock, sand or gravel extraction shall be filed with the office of planning and zoning on the prescribed conditional use form at least 30 days in advance of a regularly scheduled joint meeting of the planning commissions.
(c) Application. The conditional use application shall be accompanied by the following:
(1) Maps showing the area within which the extraction operations will be conducted, including areas to be disturbed, setbacks from property lines, and the location of all structures, equipment and access and haul roads;
(2) A description of the surface land use and vegetation, including all pertinent physical characteristics;
(3) A hydrologic study which shall include all available information from the State Geological Survey and other information pertinent to the application. If the applicant believes a study is not warranted, documentation shall accompany the application in support of this position;
(4) A reclamation plan which takes into consideration the criteria listed in division (f)(10) below; and
(5) The applicant shall meet with the township supervisors of the affected township to discuss repair and maintenance responsibilities on township roads to be used as haul routes. A summary of the meeting(s) shall be presented with the application.
(d) Fee. If a conditional use permit is granted, the operator shall pay to the county an annual fee of $10 per acre of land which is being disturbed by the extraction activities and has not been reclaimed. The fee shall be used to defray the direct and indirect costs associated with general administration and enforcement of this section. The fee shall be payable by January 20 of each year and deposited in the general fund of the county. The disturbed land area existing on January 1 of each year shall be used in calculating the fee.
(e) Notification requirements. In addition to the notification requirements of §§ 158.370 through 158.382, the planning director shall notify by United States mail all property owners of record within one mile of the proposed conditional use area or the owners of the 30 properties nearest to the affected property, whichever affects the least number of owners, of the time, date, place and purpose of the public hearing. The notice shall be mailed not less than 15 days prior to the public hearing.
(f) Developmental and operational criteria. The following criteria shall be considered in developing conditions for applications involving rock, sand and gravel extractions. More stringent requirements may be imposed by the county and city or the applicant may present arguments to relax the requirements based on specific characteristics of the site.
(1) Buffer area. A minimum distance of 1,000 feet should be maintained between an existing residence and a rock, sand or gravel operation, except in those instances when the operator secures a waiver from the affected landowner.
(2) Hours of operation.
A. Monday through Friday, 7:00 a.m. to 6:00 p.m., Saturday, 8:00 a.m. to 12:00 noon. Operations should not be conducted on legal holidays. Activities such as office or maintenance operations which produce no noise off-site should not be restricted by the hours of operation.
B. Blasting should be scheduled on weekdays at 12:00 noon. There should be no blasting on legal holidays. Area residents should be notified of the date and time of each blast.
(3) Visual considerations.
A. Earth berms and vegetation should be employed to minimize visual impacts and reduce the effects of noise.
B. The need for and placement of berms should be determined by the orientation and position of the excavation site with respect to residences and roadways. Berms should be located in a way as to restrict the public’s view of the property. Consideration should be given to placing the berms as close to the public point of view as practical. Generally, berms should be six feet in height and seeded immediately after construction to avoid soil erosion. Berms should be maintained and kept reasonably free of weeds.
C. The operator should work with the county conservation district and county planning director to develop a planting program. Consideration should be given to planting one or more of the following: evergreen, Russian olive, ash, caragana, crab apple, lilac and buffalo berry. The plants should be properly cared for to ensure the highest survival rate and all dead plants replaced during the current planting season. As a minimum, the program should include trees of varying maturity. The planting program should be reduced to writing and kept on file in the county planning department.
D. At a minimum, berms should be constructed prior to blasting or the extraction of rock, sand or gravel.
(4) Blasting. Ground vibration and over pressure (air blast) should be monitored for each blast and not exceed guidelines established by the United States Bureau of Mines.
(5) Noise.
A. The noise level produced from rock, sand and gravel operations should not exceed an average of 55 decibels recorded over a ten-minute period measured at the nearest existing residence to the extraction operation.
B. Off-site activities which contribute to background noise levels should be taken into consideration when monitoring an operation.
C. Blasting should not be recorded as part of the noise level.
(6) Air quality.
A. Air quality monitoring should be conducted at the operator’s expense when conditions warrant;
B. Ambient air quality: total suspended particulate matter–150 micrograms per cubic meter of air as a 24-hour average not to be exceeded more than once per year, and 60 micrograms per cubic meter of air as an arithmetic mean; PM10 (ten micrometers or less in size) consistent with the regulations of the state;
C. Employ techniques that minimize the release of particulate matter created by material stockpiles, vehicular movement and process operations; and
D. Dust control agents should be applied to township gravel roads designated as haul routes and all driving surfaces within the extraction area.
(7) Hydrology, dewatering and drainage.
A. Existing wells should be monitored at the operator’s expense to document changes in hydrologic conditions around extraction sites.
B. Dewatering of the extraction site should not result in downstream flooding.
C. Berms should not interrupt the natural drainage of the area, unless the diversion is part of an approved drainage control system.
(8) Haul roads.
A. In order to minimize the negative impact of truck traffic on area residents, extraction operations should be located on or near existing hard surfaced roads. Consideration should be given to the number of residents located along gravel surfaced roads intended for use as haul roads;
B. Identify repair and maintenance responsibilities through a haul road agreement; and
C. Consider the potential impact on county highways to be used as haul routes.
(9) Operator surety.
A. A surety performance bond may be required in an amount to be determined by the planning commissions to assure that sufficient funds will be available to protect the county and city in the event the operator abandons a site without completing the conditions imposed by the conditional use permit, including reclamation, fulfillment of the agreement with the township concerning repair of designated haul roads and, if necessary, decontamination of affected ground and surface waters.
B. In lieu of the required surety, the operator may deposit cash with the county in the amount equal to the required surety.
(10) Reclamation.
A. The type and extent of reclamation should be based on the type of material extracted on the intended post-mining land use, but in all cases the reclamation procedures should result in the rehabilitation of affected land through contouring and soil stabilization, revegetation and other appropriate means so as to create the least amount of unsightliness and most appropriate future use of the reclaimed area. Bodies of water may be incorporated into an acceptable reclamation plan;
B. Provide maps, including cross sections, showing the existing natural topography and anticipated topographic conditions upon completion of reclamation;
C. Grading should achieve a contour that is most beneficial to the proposed future land use. All berms should be removed where sand and gravel operations were conducted. In most cases involving quarry operations, the berms should remain in place unless their removal would serve a more useful purpose;
D. Topsoil should remain on site and be used during reclamation;
E. A seeding and revegetation plan should be developed for the affected area in consultation with the county conservation district; and
F. All required reclamation activities should be completed and a compliance inspection performed by the county planning director prior to the release of the surety.
(11) Additional considerations.
A. The maximum height of a bench in a quarry should be 30 feet.
B. The property should be secured during nonworking hours by means of gates and fencing. The property should continue to be secured until all required reclamation activities have been completed.
(1992 Code, App. F, § 15.11) (Ord. 10-06, passed 1-23-2006)
(a) Intent. Regulations regarding development of telecommunications towers, antenna support structures and wireless communications facilities are intended to encourage the development of a competitive wireless communications marketplace while protecting the health, safety and welfare of the public and maintaining the aesthetic integrity of the community. The regulations cover the placement, construction and modification of telecommunications towers, antenna support structures and wireless communications facilities. The specific intent of this section is:
(1) To regulate the location of telecommunications towers, antenna support structures and wireless communications facilities;
(2) To protect residential areas and land uses from potential adverse impact of telecommunications towers, antenna support structures and wireless communications facilities;
(3) To minimize adverse visual impact of telecommunications towers, antenna support structures and wireless communications facilities through careful design, siting, landscaping and innovative camouflaging techniques;
(4) To promote and encourage shared use/co-location of telecommunications towers, antenna support structures and wireless communications facilities;
(5) To avoid potential damage to property caused by telecommunications towers, antenna support structures and wireless communications facilities by ensuring that the structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or when determined to be structurally unsound;
(6) To ensure that telecommunications towers, antenna support structures and wireless communications facilities are compatible with surrounding land uses;
(7) To facilitate the provision of wireless communications services to residents and businesses in an orderly fashion; and
(8) To promote the location of telecommunications towers in nonresidential areas.
(b) Application required. The following item must be satisfactorily addressed in a formal application to obtain a building permit at any given location in any zoning district: compliance with all applicable building codes, Federal Aviation Administration Regulations and § 158.279.
(c) Location/setbacks.
(1) Where a telecommunications tower is located within 600 feet of any residential zoning district, existing residential use except a farmstead, or future residential area, the minimum distance from the telecommunications tower base to the nearest existing residential structure or building setback line is not less than the proposed height of the tower.
(2) Where a telecommunications tower is required to meet Federal Aviation Administration paint and/or lighting regulations, the distance between the telecommunications tower and any residential zoning district or use, or any recreation/conservation district, shall not be less than one-half mile.
(d) Design character.
(1) Telecommunications towers and antenna support structure design shall use materials, colors, textures, screening and landscaping that create compatibility with the natural setting and surrounding structures.
(2) Telecommunications towers shall be protected from corrosion or rusting, and if painted, be a neutral color, unless otherwise required by the Federal Aviation Administration.
(e) Stealth. Telecommunications towers in any nonresidential district where located within 300 feet of a residential zoning district or existing residential use except a farmstead shall be monopole design.
(f) Interference with public safety radio services. In order to ensure that public safety radio services will be free from harmful or destructive interference, any applicant requesting a permit to site a telecommunications tower, antenna support structure or wireless communications facility shall provide documented Federal Communications Commission approval prior to permit issuance.
(g) Illumination. Telecommunications towers shall not be artificially lighted except as required by the Federal Aviation Administration.
(h) Maintenance.
(1) All telecommunications towers, antenna support structures and wireless communications facilities shall be maintained in good condition, order and repair so that they shall not endanger the life or property of any person.
(2) A. Telecommunications towers, antenna support structures and wireless communications facilities shall be maintained in compliance with Electronic Industries Association/Telecommunications Industries Association Standard EIA/TIA 222 (latest revision), all applicable laws, and so as not to interfere with the use of other property.
B. Upon the county planning director’s determination that a tower structure is a hazard to public safety, the owner shall be required to perform an inspection by a registered professional engineer and make all recommended corrections.
(3) All maintenance or construction on telecommunications towers, antenna support structures and wireless communications facilities shall be performed by persons employed by, or under contract to the owner.
(4) If an owner discontinues use of a telecommunications tower, or if an owner files notice with the Federal Communications Commission of its intent to cease operating the tower, the owner shall give written notice to the county planning director of the date of the discontinuance.
(i) Abandonment.
(1) If the county receives notice of discontinuance, or if any telecommunications tower is not used for 365 consecutive days, the owner may be notified that a determination of abandonment has been made. If, within 30 days of receipt of notice, the owner fails to show that the tower has been in use or under repair during the period, the county planning director may determine that the site has been abandoned.
(2) Within 75 days of notice of the determination of abandonment, the owner shall remove the tower from the site. If an owner fails to do so, the county may remove the tower and recover the cost from the owner.
(1992 Code, App. F, § 15.12) (Ord. 10-06, passed 1-23-2006)
(a) Intent. The requirements of this section are intended to provide for the regulation and permitting of uses and associated improvements on private property which are not so recurring in nature as to constitute a permanent use. These requirements are not intended to regulate temporary uses on public property, including public rights-of-way.
(b) Permit required. No person shall operate a temporary use without first obtaining a permit therefore from the county planning department as prescribed in this section. If an objection is filed pursuant to division (f) below or if the county planning department determines that a hearing should be held due to the scope of the proposed use, the temporary use application shall be referred to the planning commissions for action. A date for public hearing shall be set at which time the county and city planning commissions shall meet jointly to consider the application. At the joint meeting, the planning commissions shall decide by a vote of each body whether to grant the temporary use permit. When the planning commissions are not in agreement, the application shall be considered denied.
(c) Applications.
(1) Submission deadline. All applications for a temporary use permit shall be made to the county planning department at least 60 days prior to the proposed commencement date of the use, provided a lesser time may be allowed consistent with the requirements of this section.
(2) Temporary use plan.
A. All temporary uses shall be subject to approval of a temporary use plan.
B. The plan shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended to be used, the time period for which the temporary use permit is requested, and other information in sufficient detail as the county planning department determines is reasonably necessary to adequately review the application and to ensure the use will be conducted in a manner consistent with the requirements of this section.
(d) Fee. A fee of $50 shall accompany the application for a temporary use permit.
(e) Standards for review. The following standards shall be used in determining the suitability and compatibility of a temporary use:
(1) The temporary use will have no adverse effect on nearby properties or jeopardize public health, safety and general welfare;
(2) The temporary use will not create hazardous traffic conditions or result in traffic in excess of the capacity of the roads serving the use;
(3) The site is adequate to accommodate the proposed use, including the provision for on- and off- site parking;
(4) Adequate sanitation facilities will be available on the site;
(5) The time period and hours of operation for the temporary use are clearly specified;
(6) Provision is made for the removal, cleanup and restoration of the site;
(7) The temporary use will not adversely impact the natural environment;
(8) The site is suitable for the proposed temporary use, considering flood hazard, drainage, soils and other conditions which may constitute a danger to life, health or property; and
(9) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s building code.
(f) Notice. The county planning department shall send written notice of the temporary use permit application to the owners of all property located within 600 feet of the property involved. Written notice shall also be sent to the city planning department. The notice shall be sent at least 14 days before the county planning department makes its determination on the temporary use permit. If any property owner so notified files a written objection prior to the time the county planning department makes its determination regarding the application, the application shall be referred to the planning commissions for action.
(g) Conditions of approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety and welfare and the social and economic well-being of those who will use the temporary use, residents and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must be clearly specified in writing on the temporary use permit.
(h) Appeal of planning department or planning commission decision. Any person aggrieved by an action of the county planning department in granting, denying, revoking or suspending a temporary use permit may appeal the action to the planning commissions. The appeal shall be in writing and filed with the county planning department within five working days of the decision. The action of the planning commissions may be appealed to the board of county commissioners and city council in the same manner.
(i) Hearing by board and city council. In the case of an appeal of a decision of the planning commissions, a date for public hearing shall be set at which time the board of county commissioners and city council shall meet jointly to consider the temporary use application. At the joint meeting, the board of county commissioners and city council shall decide by a vote of each body whether to grant the temporary use permit.
(j) Exemptions. The following uses shall not require a temporary use permit:
(1) Estate or real estate sales involving the property or items from the property where the sale is held;
(2) Garage, yard or rummage sales provided:
A. Sales last not longer than three days;
B. Sales are held no more than twice yearly; and
C. Sales are conducted on the owner’s property or one of the owner’s property in case of a multi-party sale.
(3) Weddings, purely social parties or similar family events where the function or event involves the owner or lessor of the property and where no monetary consideration or fees for the use of the property or attendance is involved.
(1992 Code, App. F, § 15.13) (Ord. 10-06, passed 1-23-2006)
PARKING AND LOADING REGULATIONS
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