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Temporary uses, buildings and structures, not used for dwelling purposes, may be placed on a lot or parcel and occupied only under the following conditions:
(A) Exemption. Temporary uses located in temporary structures will not require a conditional use permit if they meet the following requirements: The use and/or structure shall not exceed three days in a 12-month time period; the temporary structure shall not exceed 800 square feet in size and shall not create a traffic hazard.
(B) Conditional use permit required. A temporary use such as a helicopter ride, balloon ride, carnival, circus, church tent revival, temporary tent sales, sales using non-permanent temporary structures, and outdoor sales/service activity or similar temporary uses that do not meet the exemption requirements shall be permitted only in a nonresidential zoning district and shall have no facilities located nearer to a residential district than 200 feet and no nearer a occupied residential structure than 300 feet. The site shall have access drives so located as to minimize traffic hazards. The applicant shall show that adequate measures will be taken to prevent odor, dust, noise, lights, and traffic from becoming a nuisance to uses on other adjacent properties. Each conditional use permit for such an enterprise shall be valid for a period of not more than 15 days and shall not be permitted for more than two such periods for the same location within any one calendar year.
(C) Temporary classrooms. Up to two temporary classrooms may be permitted for public or private schools with expansion needs. The classrooms shall meet local codes and ordinances. The buildings shall be removed within 15 days after construction of any permanent structure intended for expansion purposes is complete. The temporary classrooms shall not be allowed more than 18 months, unless expressly authorized by the Planning Commission.
(Ord. 2017-05-635, passed 5-2-17)
Animals and fowls, where permitted in a district, shall be kept only in accordance with this code. Proponents of such uses shall show that adequate measures will be taken to prevent odor, dust, noise or drainage from becoming a nuisance to uses on other properties. No incineration of animal refuse shall be permitted on the premises. In a residential district, no more than four farm, domestic or household animals over the age of four months shall be kept, maintained or harbored. However, in a residential district, the temporary keeping, maintaining, or harboring of more than four such animals may be allowed in cases of rescue, foster care, or temporary sheltering. Said temporary keeping, maintaining, or harboring of more than four animals shall be limited to 30 days.
(A) All animals kept in residential areas, as allowed by §§ 153.080 and 153.083 are intended to be clean, odor free, quiet, non-obtrusive, and healthy additions to a residential area for purposes of enjoyment, education, or training by the property owner, occupants, and visitors. However, grazing areas shall be required to have a suitable fence. A fencing plan shall be submitted if a conditional use application is required by § 153.122. Furthermore, it is required that any and all animals be provided with appropriate shelter and living conditions at all times.
(B) A minimum of one acre of undeveloped land is required to ensure adequate space for animals that require grazing. The number of animals allowed per acre may vary depending on the type of animals, the location and geography of the property, and the water and nutrients available to the animals. Therefore, we recommend owners of grazing animals such as, but not limited to, equine, cattle, sheep, goats, and fowl follow local extension office recommendations to ensure the health and safety of the animals, the owners, and the neighboring properties.
(Ord. 2017-12-669, passed 12-5-17)
Hobby chickens allowed in permitted districts shall meet the following regulations:
(A) Number permitted. No more than four hens shall be allowed for each single-family dwelling. No birds shall be allowed in multi-family complexes.
(B) Roosters prohibited. No roosters shall be allowed.
(C) Slaughter. There shall be no outside slaughtering of birds.
(D) Placement of enclosures. All hen enclosures shall be placed at least 25 feet from neighboring dwellings and located in a rear or side yard.
(E) Condition of enclosures. All enclosures must be kept in a neat and sanitary condition at all times and must be cleaned on a regular basis so as to prevent offensive odor.
(F) Food containers. All food used for chickens shall be kept in a suitable container with a tight-fitting cover so as to be inaccessible to rodents.
(G) Applicability. These regulations are not intended to apply to indoor birds kept as pets, such as, but not limited to, parrots or parakeets, nor the lawful transportation of fowl through the corporate limits of the city. Neither shall they apply to poultry kept in areas of the city which are zoned A-1.
(Ord. 2017-12-669, passed 12-5-17)
All detached accessory dwelling units (ADU) must conform to the following standards:
(A) Parking. One parking space shall be provided on-site for each studio and one bedroom accessory unit. Two parking spaces shall be provided on site for each two bedroom accessory unit. Parking for the accessory unit is in addition to the required parking for the primary residence.
(B) Unit size. In no case shall an ADU consist of less than 650 heated square feet of floor area, and can be no more than 67% of the size of the primary residence (for example, 67% of 1,000 SF, the minimum primary SF, is 670 SF).
(C) Setbacks. The ADU shall meet all setbacks as required by the current zoning. The ADU cannot be located in front of the primary residence on a typical subdivision lot.
(D) Separation. The ADU shall meet State Fire Code regulations for separation of structures.
(E) Height. The ADU shall not exceed the height of the primary structure.
(F) Existing development on lot. A single-family dwelling exists on the lot or will be constructed in conjunction with the accessory unit.
(G) Number of accessory units per parcel. Only one accessory dwelling unit shall be allowed for each parcel.
(H) Deed restrictions. Before obtaining a building permit for an accessory dwelling unit the property owner shall file with the Circuit Clerk a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that:
(1) The accessory unit shall not be sold separately, unless the property is properly split and conforms to zoning.
(2) The unit is restricted to the approved size.
(3) The use permit for the accessory unit shall be in effect only so long as either the main residence, or the accessory unit, is occupied by the owner of record as the principal residence.
(a) The homeowner may designate a person to act as the property owner, record this person with the city, and allow this person to live on and manage the property in the homeowner's absence. Exceptions will be granted for "unforeseen circumstances" such as an active military deployment or illness that prevents the property owner from living on the property. If such an event were to occur, the planning director must give approval for a rental to remain active.
(4) Density. In the single-dwelling zones, ADUs are not included in the minimum or maximum density calculations for a site.
(I) Architectural features of ADUs shall conform with the single family character of the neighborhood, and be constructed with similar material, as the primary residence.
(J) If you have signed a private covenant prohibiting ADUs, you cannot build one. A homeowners' association may have rules against the construction and/or rental of ADUs. You must follow their rules, whether or not your property meets all the other ADU requirements. Be sure to check with your homeowners association before proceeding with plans.
(Ord. 2019-03-836, passed 3-5-19)
(A) Residential (mini) self-storage units. The following are prohibited uses of self-storage facilities or areas:
(1) Storage of flammable or hazardous chemicals, petroleum products, or explosives;
(2) No retail sales, commercial, wholesale, miscellaneous sales shall take place from individual units or other areas within the area surrounding the individual units with the exception of the commercial frontage or office buildings onsite;
(3) The servicing, repairing, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment;
(4) The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment by the renters of the units and/or renters of any outdoor storage space; and
(5) Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
(B) No individual storage unit may be used for the purposes of operating a business except for the purpose of providing storage for a business that is located off-site.
(C) Any outside storage including boats, trailers, equipment, vehicles and/or vehicles/equipment for rental use shall be screened and shielded from view (in all seasons) of adjacent property or a public right-of-way.
(D) Self-storage uses located within or adjacent to any district other than EU-L (Exclusive Use Landfill), I (Industrial), or LI (Light Industrial) shall provide the following:
(1) A minimum eight foot tall masonry wall or other opaque decorative fence (as approved by the city) on the sides and rear of the property.
(2) The frontage of the property shall not contain any visible exterior roll up doors. Along with driveways and parking areas, the right-of-way frontage of the property shall consist of one or a mixture of the following structure types:
(a) The facility office, manager's residence, retail or other mixed use type buildings (as allowable within the zoning category where the development is located).
(b) Storage buildings with facades mimicking standard commercial/office development.
(c) Any portion of the right-of-way frontage not containing buildings or entrance gates must be completely screened from the ROW by a six foot tall minimum height masonry wall/decorative fencing facing the street.
(d) 1. Entrance gates may not be chain link. The gates shall be an opaque material such as wood, decorative metal, or other material.
2. Decorative non-opaque gates such as wrought iron or other similar type gates may be acceptable at the discretion of the Planning Commission.
(3) All lighting shall not exceed 20 feet in height and be full cut-off, shielded lighting as defined by the IESNA. Such lighting shall be directed to prevent the trespass of light onto the adjacent residential district or use.
(E) Self-storage units located adjacent to an A, RE, R-1, R-2, R3, R-3L, R-4 district or existing single family detached or duplex residential use shall provide the following (in addition to all above requirements in this section): An undisturbed vegetative buffer of at least 15 feet in width adjacent to those areas bordering the residential district or use. Where such buffer does not have dense pre-existing vegetation at least eight feet in height, one tree for each 30 linear feet and one shrub for each five linear feet shall be planted and maintained within the buffer. Fast growing species that provide dense evergreen foliage shall be used to meet these requirements and shall be subject to the approval of the Planning Official.
(Ord. 2021-03-924, passed 3-2-21)
(A) This section does not pertain to wrecking, salvage, and junkyard uses; these uses are subject to the regulations in § 153.162. All permitted outdoor storage of material and equipment within the C-2, C-T, L-I, I, and EU-L zones shall be screened from the public street right-of-way and private drives in accordance with the regulations of this section. All permitted outdoor storage within the C-2, C-T, and L-I zones shall be screened from all surrounding properties in accordance with the regulations of this section. All permitted outdoor storage within the I or EU-L zones shall be screened from all surrounding properties which are not zoned I or EU-L in accordance with the regulations of this section.
(B) At the expense of the owner or lessee of the property, outdoor storage uses shall be completely surrounded by a view-obscuring physical barrier (fencing, earthen berms, walls, and the like), by view-obscuring vegetation, or by a combination of a physical barrier and vegetation. The view-obscuring physical or vegetative barrier shall be of sufficient height to prevent the view of the premises from vehicular and pedestrian traffic on adjacent streets, and to screen the view from adjacent properties.
(C) Vegetation. Where vegetation is used to meet the requirements of this section, the vegetation shall be planted at a density sufficient to become view-obscuring (in all seasons) within two years from the date of planting. If vegetation planted under this division does not become view-obscuring within two years, a view-obscuring fence or other physical barrier shall be immediately installed. If vegetation dies, and no longer provides view obstruction, a view-obstructing physical barrier or replacement vegetation shall be immediately installed.
(1) The vegetative buffer shall be a minimum of ten feet wide in depth, and at least 50% of the trees and shrubs shall be evergreen. A landscape plan shall be submitted for review and approval by the Planning Official. The landscape plan shall provide information reguired in § 153.212(F).
(2) Existing vegetation may be used to meet the requirements for screening.
(a) The existing vegetation shall obscure view in all seasons.
(b) Existing vegetation to be used as screening shall be located entirely on the subject property, and cannot be considered if located within the street right-of-way or on adjacent property.
(D) Physical barrier. When a physical barrier is used to meet the requirements of this section, the structure shall be opaque and provide view obstruction from surrounding properties and from the street right-of-way as set out in this section.
(1) Fencing and walls shall be a minimum of six feet in height and shall not exceed eight feet in height.
(2) Berms may exceed eight feet in height if needed to be effective for screening. Berms shall not have side slopes steeper than three horizontal feet to one vertical foot. Berms shall be vegetated. The vegetation plans shall be submitted for review and approval by the Planning Official.
(3) Chain link (even with screening cloth or slats), barbed wire, corrugated metal, and other agricultural type fencing is not allowed to be used as a physical screening barrier.
(4) No commercial signage shall be allowed to be placed on the physical barrier.
(5) Screening shall be uniform, consistent, and neat in appearance, of materials compatible with the surrounding development, and shall be properly maintained during the life of the use.
(6) The outdoor display of materials or equipment solely for retail sale or lease, such as automobiles, farm and garden supplies, and the like shall not be required to be screened as set forth above.
(7) Outdoor storage associated with single-family residential uses shall not be required to be screened as set forth above.
(Ord. 2021-05-946, passed 5-4-21)
SIGNS
This sign code shall refer to definitions set forth in this municipal code except as modified below:
AWNING SIGN. A sign where graphics or symbols are painted, sewn or otherwise adhered to the awning material as an integrated part of the awning itself.
BANNER SIGN. Any sign made of fabric, vinyl or any similar non-rigid material with no enclosing framework.
BILLBOARD. Any off-site structure or portion thereto upon which are signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to display government signs.
CANOPY SIGN. Any sign that is mounted, painted, or otherwise applied on or attached to a canopy or structural protective cover over an outdoor area.
CODE OFFICIAL. An employee of the city designated by the Mayor to administer and enforce this code.
CONSTRUCTION IDENTIFICATION SIGN. A sign which identifies architects, engineers, contractors and other individuals or firms involved with construction on premises, the name of the building or development, the intended purpose of the building, and/or the expected completion date.
CROWN SIGN. A wall sign extending not more than three feet from the building facade located on the upper horizontal band of a building at least two stories in height.
DIGITAL BILLBOARD. An electronically displayed Billboard that is static or changes messages by any electronic process or remote control.
DIGITAL SIGN. An electronically displayed sign that is static or changes messages by any electronic process or remote control.
DOUBLE POST SIGN. A permanently affixed sign which is wholly independent of a building for support where the primary support is supplied by two posts.
ELECTRIC SIGN. Any sign containing electrical wiring. This does not include signs illuminated by an exterior floodlight source.
FLASHING SIGN. Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this code any moving illuminated sign, except digital billboards, must be considered a flashing sign.
GOVERNMENT SIGN. A government sign is a sign that is constructed, placed or maintained by the federal, state or local government or a sign that is required to be constructed, maintained by the federal, state or local government either directly or to enforce a property owner's rights.
HIGHWAY SIGN. A freestanding sign, integral sign or flat mounted sign that is erected and maintained within the view of motorists who are driving on a highway.
ILLUMINATED SIGN. A sign that is directly lighted by any electrical light source, internal or external. This definition does not include signs that are illuminated by streetlights or other light sources owned by any public agency or light sources that are specifically operated for the purpose of lighting the area in which the sign is located rather than the sign itself.
INTEGRAL SIGN. A sign that is embedded into the material of a building.
MONUMENT SIGN. A free-standing and permanently affixed sign that is supported by a solid base (other than poles) and such that no air space is visible within or between any portion of the sign display area and sign structure. A monument sign may identify a project or district, or mark an entrance, which can incorporate a single or multiple licensed business listing.
OFF-PREMISES. A sign that directs attention to a business, profession, event, entertainment, product or service that is located, offered or sold somewhere other than on the certain premises where the sign is erected.
ORIGINAL ART DISPLAY. A hand-painted work of visual art that is either affixed to or painted directly on the exterior wall of a structure with the permission of the property owner. An ORIGINAL ART DISPLAY does not include: mechanically produced or computer-generated prints or images, including but not limited to digitally printed vinyl; electrical or mechanical components; or changing image art display.
OUTDOOR ADVERTISING SIGN. A sign that advertises goods, products or services which are not sold, manufactured or distributed on or from the premises or facilities on which the sign is located.
PORTABLE SIGN. Any structure without a permanent foundation or otherwise permanently attached to a fixed location, which can be carried, towed, hauled or driven and is primarily designed to be moved rather than be limited to a fixed location regardless of modifications that limit its movability.
PROJECTING SIGN. A sign, other than a wall sign, that is mounted to the wall or surface of a building or structure and which is supported by a wall of a building or structure and projects from the building by 12 inches or more.
REAL ESTATE SIGN. A free-standing sign advertising the premises for sale, rent or lease.
ROOF SIGN. A sign located on or above the roof of any building, not including false mansard roof, canopy, or other fascia.
SANDWICH BOARD SIGN. A moveable sign not secured or attached to the ground or surface upon which it is located.
SIGN. A name, identification, description, display or illustration, other than an original art display, which is affixed to, painted or represented directly or indirectly upon a building, or other outdoor surface which directs attention to or is designed or intended to direct attention to the sign face or to an object, product, place, activity, person, institution, organization or business. Signs located completely within an enclosed building, and not exposed to view from a street, must not be considered a sign. Each display surface of a sign or sign face must be considered to be a sign.
SIGN AREA. The space enclosed within the extreme edges of the sign on each sign face, not including the supporting structure or where attached directly to a building wall or surface; the space within the outline enclosing all the characters of the words, numbers or design. If the sign lettering and/or logo is not enclosed or framed in any way, then the area of the letters and/or logo themselves may be considered the sign area.
SIGN FACE. The entire display surface area of a sign upon, against or through which copy is placed or reflected.
SHINGLE SIGN. A small projecting sign that hangs from a bracket or support and is located over or near a building entrance.
SUBDIVISION SIGN. A permanently affixed sign which is wholly independent of a building for support attached along its entire width to a continuous pedestal or wall that is used to identify the entry to or name of an entire development.
TEMPORARY SIGN. A banner, pennant, poster or advertising display constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood or other like materials and that appears to be intended or is determined by the Code Official to be displayed for a limited period of time.
VEHICLE SIGN. Means any sign attached to or displayed on a vehicle.
WALL SIGN. Means any attached sign other than a projecting sign or a banner sign, which is permanently attached to or painted on any wall of any building and projects from the plane of the wall less than 12 inches. An integral sign shall be considered a wall sign.
WINDOW SIGN. An attached sign which is not a temporary sign and which is attached to, painted on, etched or otherwise adhered to a window or which is displayed within 12 inches of the window and is legible from outside the window.
WINDBLOWN SIGNS. A fluttering, spinning, windblown or inflatable device, including pennants, streamers and propeller discs.
(Ord. 2018-05-786, passed 5-1-18)
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