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The regulations regarding accessory buildings and uses shall be as follows.
(a) Limited use. Accessory buildings and uses are buildings and uses customarily incident to any of the permitted uses in the district in which it is located. In the A-1, RC, RR, RS, RD and RA districts, accessory buildings and uses are limited to:
(1) A noncommercial greenhouse that does not exceed in floor area 25% of the ground floor area on the main building;
(2) A private residential structure used only for the storage of noncommercial vehicles and other related material;
(3) Tennis court, swimming pool, garden house, pergola, ornamental gate, barbeque oven, fireplace and similar uses customarily accessory to residential uses;
(4) Home occupation in conformance with § 159.288; and
(5) Temporary storage and distribution of seed and similar type products provided the use is located within a farmstead, the product is stored within a completely enclosed building typical of farm buildings and the use is limited to the seasonal sale of products from the premises.
(b) Time of construction. No accessory buildings shall be constructed upon a lot until the construction of a main building has been actually commenced, and no accessory buildings shall be used unless the main building on the lot is also being used.
(c) Setback requirements.
(1) Accessory buildings which are attached to or located within 10' of the main building shall be considered a part of the main building and shall comply with the same yard requirements as the main building.
(2) Accessory buildings not a part of the main building, when located in the required rear yard, shall be no closer than 3' to the side and rear property lines.
(d) Location of accessory buildings. Accessory buildings shall not occupy more than 30% of the rear yard, subject further to the following limitations:
(1) In the A-1 and RC districts, the total area of accessory buildings shall be limited based on the size of the parcel as depicted in Table 1. Total Permissible Area of Accessory Buildings when the buildings are located in a subdivision of more than four lots unless a conditional use permit has been approved;
(2) In all residential districts, the total area of accessory buildings shall be limited based on the size of the parcel as depicted in Table 1. Total Permissible Area of Accessory Buildings unless a conditional use permit has been approved; and
(3) In a planned development district, the total area of accessory buildings shall be limited based on the size of the parcel as depicted in Table 1. Total Permissible Area of Accessory Buildings unless a minor amendment has been approved.
Table 1 Total Permissible Area of Accessory Buildings | |
Size of Parcel | Total Permissible Area of Accessory Building Footprint |
1.0 acres or less | 1,600 Square Feet |
1.1 to 3.0 acres | 2,400 Square Feet |
3.1 acres or more | 3,600 Square Feet |
(e) Intermodal shipping/storage containers. An intermodal shipping/storage container larger than 120 square feet in size and placed on a parcel for longer than 90 days or used as a building component is a permanent accessory building allowed in the following manner:
(1) General requirements for permanent freestanding intermodal shipping/storage containers.
A. All other accessory building rules and setback requirements must be met.
B. An engineered design for a foundation and anchorage system of the wall to the foundation must be provided when a permanent intermodal shipping/storage container meets or exceeds any of the following criteria:
1. Exceeds 320 square feet in floor area; or
2. Exceeds ten feet in height; or
3. Is used for any purpose other than as a private storage building; or
4. Is accessed by the public; or
5. Must meet conditions attached to approval of any conditional use permit.
C. Any exposed portion of an intermodal shipping/storage container must be painted or covered to prevent corrosion and to cover any words visible from the outside.
D. No permanent freestanding intermodal shipping/storage container may be placed on a parcel without a principal building.
E. Any intermodal shipping/storage container placed before the effective date of this section must comply with the provision of this section if the intermodal shipping/storage container is to remain longer than 90 days.
(2) General requirements for intermodal shipping/storage containers used as building components.
A. An engineer must evaluate the plans for compliance with minimum site-specific wind, snow, flood, and seismic load requirements any time one or more shipping containers are used as components of a structure.
B. Structure must comply with any zoning and setback requirements for the zoning district.
C. Any exposed portion of an intermodal shipping/storage container must be painted or covered to prevent corrosion and to cover any words visible from the outside.
(3) In A-1 Agricultural and RC Recreation/Conservation Zoning Districts.
A. Parcels three acres or less in size are limited to no more than one intermodal shipping/storage container to be permitted on a parcel unless a conditional use permit is obtained to allow additional intermodal shipping/storage containers or to utilize one or more intermodal shipping/storage containers as components of a structure.
B. Structures must comply with any zoning and setback requirements for the zoning district.
(4) In all residential zoning districts, no more than one intermodal shipping/storage container shall be permitted on a parcel unless a conditional use permit is obtained to allow additional freestanding intermodal shipping/storage containers or to utilize one or more intermodal shipping/storage containers as components of a structure.
(5) In all industrial and commercial zoning districts, permanent freestanding intermodal shipping/storage containers must be placed behind the principal building or behind a six-foot-tall opaque privacy fence, unless the intermodal shipping/storage container is used in whole or as a component of the principal building.
(6) A freestanding intermodal shipping/storage container may be placed temporarily in any zoning district for longer than 90 days while an active building permit is issued for the property.
(1992 Code, App. C, § 15.07) (Ord. 20-02, passed 3-18-2002; Ord. 4-18, passed 1-23-2018; Ord. 24-24, passed 3-26-2024)
A business may be operated within a permanent building which complies with the adopted building code, or in a yard enclosed by a solid fence, which must totally screen the salvage material from view from outside the property. The fence must extend from grade level to a height equaling the maximum height to which fences may be built under § 159.285 for the district where the property is located.
(1992 Code, App. C, § 15.08) (Ord. 20-02, passed 3-18-2002; Ord. 76-09, passed 8-17-2009)
(a) There shall be no obstructions, such as buildings, structures, grain bins, baled agricultural products, farm machinery, vehicles or other objects, not including vegetation, within 50 feet from a state, county or section line highway right-of-way or 30 feet from a platted right-of-way.
(b) Traffic visibility triangle requirements.
(1) At every intersection of two roads or a road and a railroad right-of-way, there shall be a traffic visibility triangle. Within the triangle, no obstructions such as structures, parking or vegetation shall be allowed between two and one-half feet and ten feet above the elevation of the roadway. Agricultural crops, such as corn, are exempt from this regulation. Fences shall conform to § 159.285.
(2) The traffic visibility triangles shall be formed by the intersection centerlines and a line connecting points on the centerlines of the intersection roads or railroad right-of-way 100 feet distant from the intersecting centerlines.
(1992 Code, App. C, § 15.10) (Ord. 20-02, passed 3-18-2002; Ord. 126-07, passed 7-16-2007)
(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) 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. 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. 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. C, § 15.11) (Ord. 20-02, passed 3-18-2002)
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 the 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. C, § 15.12) (Ord. 20-02, passed 3-18-2002)
(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 centerline 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 must be based on runway length as set forth in § 77.27 of Part 77 of the Federal Aviation Regulations.
(1992 Code, App. C, § 15.13) (Ord. 20-02, passed 3-18-2002)
(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 (f) 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) below, reclamation; 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 §§ 159.390 through 159.399, 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 such 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 U.S. 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. 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.
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.
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.
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. C, § 15.14) (Ord. 20-02, passed 3-18-2002; Ord. 100-03, passed 10-20-2003)
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