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AUTHORIZED USES AND REGULATIONS
The primary uses permitted in the districts established by § 156.060 of this chapter are shown in Table 1. Where the district column is marked with an “X” the use is permitted. Where the district column is marked with an “S” the use may be permitted only as a special use if it meets the requirements set out in §§ 156.100 through 156.107 of this chapter and if, upon application, is specifically authorized for the zoning district.
Table 1: Authorized Uses | ||||||||||
R-1 | R-2 | R-3 | C-1 | C-2 | C-3 | C-4 | I-1 | I-2 | FW |
Table 1: Authorized Uses | ||||||||||
R-1 | R-2 | R-3 | C-1 | C-2 | C-3 | C-4 | I-1 | I-2 | FW | |
RESIDENTIAL USES | ||||||||||
Dwelling - single-family, attached | X | |||||||||
Dwelling - single-family, detached | X | X | X | X | ||||||
Dwelling - two-family | X | X | ||||||||
Dwelling - multi-family | X | |||||||||
Dwelling - single apartment unit | X | X | X | X | S | S | S | S | ||
Homes for the aged | S | S | X | |||||||
Nursing homes and convalescent homes | S | S | X | |||||||
COMMERCIAL USES | ||||||||||
Apparel and Accessory Sales and Service | ||||||||||
Clothing, apparel and accessory sales | X | X | X | |||||||
Dry cleaning and laundry pick-up stations | S | X | X | X | X | |||||
Dry goods and notions | X | X | X | |||||||
Furriers, fur shops, storage | X | X | X | |||||||
Laundry and dry cleaning, coin-operated, self-service | S | X | X | X | X | |||||
Laundry, steam and dry cleaning plants | X | X | ||||||||
Outdoor advertising signs | S | X | X | X | ||||||
Shoe sales and shoe repair shops | X | X | X | |||||||
Tailoring and dressmaking | X | X | X | X | ||||||
Automobile - Truck - Motorcycle - Services - Repairs | ||||||||||
Automobile accessory sales | X | X | X | |||||||
Automobile, motorcycle, repair, body work, painting | X | X | ||||||||
Automobile rental agencies | X | X | X | |||||||
Automobile, sales, new and used, associated services | X | X | X | |||||||
Automobile service stations | X | X | X | |||||||
Automobile washing, including self-serve | X | X | X | X | ||||||
Construction-equipment, heavy duty, sales and service | S | X | X | |||||||
Motorcycle sales and associated service | X | X | X | X | ||||||
Recreational vehicle sales and service | X | X | X | |||||||
Tire recapping and retreading | X | X | ||||||||
Truck, heavy truck repair, body work, painting | X | X | X | |||||||
Truck sales, new and used, associated service | X | X | X | |||||||
Truck terminal | X | X | ||||||||
Wheel and frame alignment | X | X | X | |||||||
Business - Professional Offices - Services and Sales | ||||||||||
Duplicating and blueprinting establishments | X | X | X | |||||||
Laboratories - industrial research and testing | X | X | ||||||||
Laboratories - medical and dental research and testing | X | X | X | X | ||||||
Office equipment, supplies, sales and service | X | X | X | |||||||
Offices - professional | S | X | X | X | X | X | ||||
Offices - semi-professional and business | X | X | X | X | X | |||||
Printing, publishing establishments | X | X | X | X | ||||||
Sign manufacturing | X | X | ||||||||
Sign painting, no outside storage | X | X | X | |||||||
Contractors - Building Materials and Supplies | ||||||||||
Concrete products, bricks, outside storage yard permitted | S | X | X | |||||||
Contractors, no outside storage of materials | X | X | X | X | ||||||
Contractors, outside storage yard permitted | S | X | X | |||||||
Hardware store | X | X | X | |||||||
Lumber yard, building materials, incidental millwork | S | X | X | |||||||
Retail sales, service, plumbing, heating, electrical item; | X | X | X | X | ||||||
Wallpaper, paint, glass store | X | X | X | X | ||||||
Wholesale, heating, electrical, wholesale and service | X | X | X | |||||||
Food - Retail and Wholesale | ||||||||||
Catering establishments | X | X | X | X | ||||||
Drive-in eating establishments | S | X | X | |||||||
Package liquor store | X | X | X | |||||||
Restaurant | X | S | X | X | ||||||
Retail only - bakeries, confectionaries, delicatessen, dairy products, grocery, meat, specialty food stores | S | X | X | X | X | |||||
Tavern, bar, saloon and lounge | X | X | X | |||||||
Wholesale - bakeries, confectionaries, dairy products, groceries and meats | X | X | X | X | ||||||
Financial Institutions and Services | ||||||||||
Banks, savings and loan, credit unions, no drive-in facilities | X | X | X | X | ||||||
Banks, savings and loan, credit unions, with drive-in facilities | S | X | X | |||||||
Finance and loan agencies | X | X | X | |||||||
Furniture and Household Goods | ||||||||||
Floor covering, drapery and upholstery stores | X | X | X | |||||||
Furniture, refinishing | X | X | X | |||||||
Furniture, retail sales and associated storage | X | X | X | |||||||
Interior decorating shops | X | X | X | |||||||
Major household appliances, sales and service | X | X | X | |||||||
Radio, television, stereo, sales and service | X | X | X | |||||||
Specialty shops, china, glassware, metalware | X | X | X | |||||||
Lodging | ||||||||||
Hotel | X | X | ||||||||
Motel | X | X | ||||||||
Miscellaneous - Sales and Service | ||||||||||
Antique, gift, art, stationery, books, florist, jewelry, music, leather, hobby shops and similar retail uses | S | X | S | X | X | |||||
Bicycle, sales and service | X | X | X | |||||||
Catalogue sales | X | X | X | |||||||
Department store | X | X | X | |||||||
Drug store and pharmacies | X | X | X | X | ||||||
Farm implements, sales, service, repair, storage | X | X | X | |||||||
Feed, fertilizers, seed - retail/wholesale | X | X | X | |||||||
General merchandise sales | X | X | X | |||||||
Greenhouse, commercial - nursery stock | X | X | X | |||||||
Greenhouse, private, no retail sales | S | S | S | |||||||
Lawn and garden supplies | X | X | X | X | ||||||
Lawnmower sales and service | X | X | X | X | ||||||
Lock and gunsmiths | X | X | X | X | ||||||
Monuments | X | X | ||||||||
Pawnshops, second hand stores, no exterior display | X | X | X | |||||||
Pet shops - animal grooming | X | X | X | |||||||
Photo pickup stations | S | X | X | |||||||
Photographic studios, cameras, supplies | X | X | X | |||||||
Rental equipment, no outside storage | X | X | X | X | ||||||
Rental equipment, outside storage yard permitted | X | X | X | --- | ||||||
Sporting goods sales and rental accessories | X | X | X | |||||||
Studios and galleries (i.e., art, music, dancing and the like) | X | X | X | |||||||
Taxidermist | X | X | X | X | ||||||
Temporary sales not to exceed 14 days per year(i.e. garage, yard, auctions, etc.) | X | X | X | X | X | X | X | X | X | |
Variety store | X | X | X | |||||||
Personal Services | ||||||||||
Barber and beauty shops | S | S | S | X | X | X | X | |||
Funeral homes and mortuaries | S | X | S | X | ||||||
RECREATION AND AMUSEMENT | ||||||||||
Carnivals, fairs, circuses, (temporary use) | X | X | X | X | X | |||||
Public parks, playgrounds, athletic fields, tennis courts golf course, recreation areas and similar uses | X | X | X | X | X | X | X | |||
Recreation, indoor commercial (i.e., ice/roller skating rinks, swimming pool, gymnasium, health club, tennis/racquetball courts, enclosed theater, night clubs, dance halls) | S | X | X | X | X | |||||
Recreation, outdoor commercial (i.e., miniature golf course, driving range, golf course) | X | X | X | X | ||||||
Theater, outdoor | X | X | X | |||||||
PUBLIC AND SEMI-PUBLIC USES | ||||||||||
Airport landing field | S | S | ||||||||
Air strip, private | S | S | ||||||||
Cemetery | S | S | S | |||||||
Church, chapel, temple, synagogue, auxiliary uses | S | S | S | X | X | X | ||||
Fraternal, social clubs, lodges, no sleeping quarters | X | X | ||||||||
Governmental offices and buildings (i.e., municipal offices, fire stations, police station, library, post office) | S | S | S | X | S | X | X | X | X | |
Public utilities, facilities (i.e., water pumping station, reservoirs, filtration plant, sewage treatment plant, substations, telephone and gas structures and facilities) | S | S | S | S | S | S | S | X | X | |
Hospital and related facilities | S | S | S | S | X | X | X | |||
Medical health center, clinic for humans | S | S | S | S. | X | X | ||||
Radio and television towers, commercial, over 50 ft. in height | X | X | X | |||||||
Schools, day care, nursery, (private) | S | S | S | X | X | X | ||||
Schools, elementary, junior high, high school | S | S | S | S | S | |||||
Schools, vocational, trade, business (private) | X | X | X | |||||||
Veterinarian hospital or clinic, no outside runs | X | X | X | X | ||||||
Veterinarian hospital or clinic with outside runs | S | X | X | |||||||
INDUSTRIAL, MANUFACTURING | ||||||||||
Offensive or Noxious Uses | ||||||||||
Aluminum, light manufacturing | X | X | ||||||||
Animal by-product processing | S | |||||||||
Animal kennels | X | X | X | |||||||
Asphalt product manufacturing and/or batch plant | X | |||||||||
Chemical manufacturing and/or processing | S | |||||||||
Cold storage locker plants | X | X | X | X | ||||||
Concrete product manufacturing and/or ready-mix batching plant | X | |||||||||
Dairy products and processing | X | X | ||||||||
Fertilizer manufacturing | S | |||||||||
Food processing | X | X | ||||||||
Foundries | S | |||||||||
Gas - liquefied petroleum, bottled and bulk | S | S | ||||||||
Grain elevators and processing | X | |||||||||
Ice manufacturing | X | X | ||||||||
Junk yard | S | |||||||||
Livestock auction barn | S | |||||||||
Machine shop | X | X | ||||||||
Meat - poultry processing - packaging | X | X | ||||||||
Metal stamping | X | |||||||||
Millwork | X | X | ||||||||
Mini-warehouses | X | X | ‘X | |||||||
Motor vehicle wrecking and/or storage yard | S | |||||||||
Paper products manufacturing | X | |||||||||
Plastic fabrication | X | X | ||||||||
Rubber products manufacturing | X | X | ||||||||
Sanitary landfill, refuse dumping, waste material disposal | S | |||||||||
Sawmill | X | X | ||||||||
Sheetmetal work manufacturing | X | X | ||||||||
Slaughterhouse - meat packing plants | S | |||||||||
Tool and die shops | X | X | ||||||||
Warehouses | X | X | ||||||||
Welding shop | X | X | X | |||||||
NOTES TO TABLE:
“X” - Permitted Use “S” - Special use For any use not specifically designated as an-authorized use or as a special use in this table, the Plan Commission shall determine the proper district classification and if it is to be a permitted or a special use. * See § 156.085 of this chapter. | ||||||||||
(Ord. 9-80, passed 12-15-1980)
(A) General.
(1) The purpose of creating the R-1 Residential District is to provide areas primarily designed for single-family detached dwellings located on individual lots of adequate size to promote the public health, safety and welfare of the residents.
(2) Non-residential uses shall be restricted to those facilities which may appropriately be located in residential areas to serve educational, religious, recreational and other essential services for the residents and does not create a negative impact on the residential area.
(B) Use regulations.
(1) Permitted uses. No building or land shall be used and no building shall be erected, reconstructed or structurally altered to be used for any purpose other than a use which is permitted in Table 1 of this chapter.
(C) Height regulations. No building shall hereafter be erected, reconstructed or structurally altered to exceed in height the limits established and specified as follows.
(1) The maximum height permitted for a residential dwelling shall be 30 feet, not to exceed two and one-half stories.
(2) The maximum height permitted for an accessory building shall be 14 feet, not to exceed one story.
(3) For any nonresidential building or structure permitted as a special use, 30 feet; such height may be increased to a maximum of 40 feet; provided that, for every foot of height in excess of 30 feet, there shall be added to all yard requirements, one corresponding foot of width and depth.
(D) Area, width and yard regulations. No building shall hereafter be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce the regulations of this chapter.
(1) Minimum lot area and width - served by municipal water and sewer.
(a) Every single-family detached dwelling hereafter constructed shall be on a lot having an area of not less than 8,000 square feet, and a width at the established building line of not less than 80 feet.
(b) A lot of record, of not less than 5,000 square feet, and 50 feet in width at the established building line, may be developed for single-family residential use in accordance with the provisions in § 156.146 of this chapter; provided, the owner does not own and cannot reasonably acquire sufficient land to enable him or her to conform to area and width requirements.
(c) Any building or structure other than a single-family detached dwelling and accessory building shall be located on a lot having an area of not less than 24,000 square feet and a width at the building line of not less than 100 feet, or greater, as required for a special use permit.
(2) Minimum lot area and width - served by either municipal water or sewer.
(a) Every single-family detached dwelling hereafter constructed shall be on a lot having an area of not less than 12,000 square feet, and a width at the building line of not less than 80 feet.
(b) Any building or structure other than a single-family detached dwelling and accessory building shall be located on a lot having an area of not less than 24,000 square feet and a width at the building line of not less than 100 feet, or greater, as required for a special use permit.
(3) Minimum lot area and width - served by neither municipal water or sewer.
(a) Every single-family detached dwelling hereafter constructed shall be on a lot having an area of not less than 20,000 square feet, and a width at the building line of not less than 80 feet.
(b) Any building or structure other than a single-family detached dwelling and accessory building, shall be located on a lot area of not less than 24,000 square feet and a width at the building line of not less than 100 feet, or greater, as required for a special use permit.
(4) Front yard. There shall be a front yard of not less than 25 feet in depth between the front property line and the building, or the furthermost projection thereof.
(5) Side yards.
(a) On a corner lot, there shall be two side yards, the side yard abutting the street having a width of not less than 25 feet and the interior side yard having a width of not less than ten feet.
(b) Interior yards shall have two side yards, each side yard shall be not less than ten feet in width.
(6) Rear yard. There shall be a rear yard on each lot, the depth of which shall be not less than 25 feet. An accessory building may be erected within the rear quarter of the lot, observing the above side yard requirements and located no closer than ten feet from the rear lot line.
(F) Visibility clearance. Vision clearance shall be in accordance with the provisions of § 156.121 of this chapter.
(G) Off-street parking and loading requirements. Off-street parking and loading space shall be in accordance with § 156.122 of this chapter.
(H) Sign regulations. Signs shall be in accordance with the provisions in § 156.123 of this chapter.
(I) Approval of site plan. Site plan approval by the Plan Commission shall be required prior to issuance of a building permit for any structure other than a single-family residential dwelling, and accessory building according to the provisions of § 156.041 of this chapter.
(Ord. 9-80, passed 12-15-1980)
(A) General. The general character and the purpose of creating the R-2 Residential District is to provide areas primarily designed for one-family detached and two-family dwellings located on individual lots of sufficient size to promote the public health, safety and welfare of the residents. Non-residential uses shall be restricted to those facilities which may appropriately be located in residential areas to serve educational, religious, recreational and other essential services for the residents and does not create significant negative impact on the residential area.
(B) Use regulations.
(1) Permitted uses. No building or land shall be used and no building shall be erected, reconstructed or structurally altered to be used for any purpose other than a use which is permitted in Table 1 of this chapter.
(C) Height regulations. No building shall hereafter be erected, reconstructed or structurally altered to exceed in height the limits established and specified as follows.
(1) The maximum height permitted for a residential dwelling shall be 30 feet, not to exceed two and one-half stories.
(2) The maximum height permitted for an accessory building shall be 14 feet, not to exceed one story.
(3) For any non-residential building or structure permitted as a special use, 30 feet; such height may be increased to a maximum of 40 feet; provided that, for every foot of height in excess of 30 feet, there shall be added to all yard requirements, one corresponding foot of width and depth.
(D) Area, width and yard regulations. No building shall hereafter be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce the regulations of this chapter.
(1) Minimum lot area and width - served by municipal water and sewer.
(a) Every single-family detached dwelling hereafter constructed shall be on a lot having an area of not less than 6,600 square feet, and a width at the established building line of not less than 66 feet.
(b) A lot of record, of not less than 5,000 square feet, and 50 feet in width at the established building line, may be developed for single-family residential use in accordance with the provisions of § 156.146 of this chapter; provided, the owner does not own and cannot reasonably acquire sufficient land to enable him or her to conform to area and width requirements.
(c) Every two-family dwelling hereafter constructed shall be on a lot having an area of not less than 10,000 square feet, and a width at the established building line of not less than 66 feet.
(d) Any building or structure other than a single- or two-family dwelling unit and their accessory buildings shall be located on a lot having an area of not less than 24,000 square feet and a width at the building line of not less than 100 feet, or greater, as required for a special use permit.
(2) Minimum lot area and width - served by either municipal water or sewer.
(a) Every single-family detached dwelling hereafter constructed shall be on a lot having an area of not less than 12,000 square feet, and a width at the building line of not less than 66 feet.
(b) Every two-family dwelling hereafter constructed shall be on a lot having an area of not less than 15,000 square feet, and a width at the established building line of not less than 66 feet.
(c) Any building or structure other than a single- or two-family dwelling unit and their accessory buildings shall be located on a lot having an area of not less than 24,000 square feet and a width at the building line of not less than 100 feet, or greater, as required for a special use permit.
(3) Minimum lot area and width - served by neither municipal water or sewer.
(a) Every single-family detached dwelling hereafter constructed shall be on a lot having an area of not less than 20,000 square feet, and a width at the building line of not less than 66 feet.
(b) Every two-family dwelling hereafter constructed shall be on a lot having an area of not less than 20,000 square feet, and a width at the established building line of not less than 66 feet.
(c) Any building or structure other than a single-family or two-family dwelling and their accessory buildings shall be located on a lot having an area of not less than 30,000 square feet and a width at the building line of not less than 100 feet, or greater, if required for a special use permit.
(4) Front yard. There shall be a front yard of not less than 25 feet in depth between the front property line and the building or the furthermost projection thereof.
(5) Side yards.
(a) On a corner lot, there shall be two side yards, the side yard abutting the street having a width of not less than 25 feet and the interior side yard having a width of not less than eight feet.
(b) On each interior lot, there shall be two side yards having an aggregate width of not less than 20 feet, neither side yard having a width of less than eight feet.
(6) Rear yard. There shall be a rear yard on each lot, the depth of which shall be not less than 25 feet. An accessory building may be erected within the rear quarter of the lot, observing the above side yard requirements and be located no closer than ten feet from the rear lot line.
(F) Visibility clearance. Vision clearance shall be in accordance with the provisions of § 156.121 of this chapter.
(G) Off-street parking and loading requirements. Off-street parking and loading space shall be in accordance with § 156.122 of this chapter.
(H) Sign regulations. Signs shall be in accordance with the provisions in § 156.123 of this chapter.
(I) Approval of site plan. Site plan approval by the Plan Commission shall be required prior to issuance of a building permit for any structure other than a single-family or two-family residential dwelling and their accessory building in accordance with the provisions of § 156.041 of this chapter.
(Ord. 9-80, passed 12-15-1980)
(A) General. The nature of this district permits the combining of single-family, two-family and multi-family dwellings in a medium density environment designed to promote healthy and safe living conditions. In order to provide for flexibility in design and building methods, separate area, width and yard requirements are provided for developments consisting of only one primary structure on a parcel of land, and for those developments consisting of more than one primary structure on a parcel of land. Non-residential uses shall be restricted to those facilities which may appropriately be located in residential areas to serve educational, religious, recreational and other essential services for the residents and does not create a substantial negative impact on the residential area.
(B) Use regulations.
(1) Permitted uses. No building or land shall be used and no building shall be erected, reconstructed or structurally altered to be used for any purpose other than a use which is permitted in Table 1 of this chapter.
(3) Mobile home parks - mobile home subdivisions. Mobile home parks and mobile home subdivisions will not be allowed within Town limits.
(C) Height regulations. No building shall hereafter be erected, reconstructed or structurally altered to exceed in height the limits established as follows.
(1) The maximum height permitted for a residential dwelling shall be 35 feet, not to exceed three stories.
(2) The maximum height permitted for an accessory building shall be 14 feet, not to exceed one story.
(3) A non-residential building or structure permitted as a special use, 35 feet; such height may be increased to a maximum of 40 feet; provided that, for every foot of height in excess of 35 feet, there shall be added to all yard requirements, one corresponding foot of width and depth.
(D) Area, width and yard regulations - single primary structure on a parcel of land. No building shall be erected, reconstructed or structurally altered in any manner which will encroach upon or reduce the regulations of this chapter.
(1) Both municipal sewer and water. A single primary structure hereafter constructed shall be on a lot having a minimum width of 75 feet at the established building line and if served by both municipal sewer and water a minimum lot area per unit as follows:
Type of Dwelling | Minimum Lot Area Per Unit |
Efficiency apartments | 1,500 sq. ft. |
Homes for the aged | 1,000 sq. ft. |
Multi-family | 3,000 sq. ft. |
Single-family | 6,600 sq. ft. |
Single-family attached | 4,000 sq. ft. |
Two-family | 5,000 sq. ft. |
(2) Either municipal sewer and water. A single primary structure hereafter constructed shall be on a lot having a minimum width of 75 feet at the established building line and if served by either municipal water or sewer, a minimum lot area per unit as follows:
Type of Dwelling | Minimum Lot Area Per Unit |
Efficiency apartments | 5,000 sq. ft. |
Homes for the aged | 4,000 sq. ft. |
Multi-family | 5,000 sq. ft. |
Single-family | 12,000 sq. ft. |
Single-family attached | 5,000 sq. ft. |
Two-family | 7,500 sq. ft. |
(3) Neither municipal water or sewer. A single primary structure hereafter constructed shall be on a lot having a minimum width of 75 feet at the established building line and if neither municipal sewer or water is available, a minimum lot area of 20,000 square feet shall be provided for both single- family and two-family dwellings. All other dwelling units shall have private systems for water and sewerage approved by the State Board of Health and have a minimum lot area of 5,000 square feet per unit.
(4) Front yard. There shall be a front yard of not less than 25 feet in depth between the front property line and the building or the furthermost projection thereof.
(5) Side yard requirements - single primary structure.
(a) On each interior lot, there shall be two side yards.
1. One- and/or two-story structures: an aggregate width of not less than 20 feet and neither side yard having a width of less than eight feet between the side property line and the furthermost projection of the building.
2. Three story structure: an aggregate width of not less than 24 feet and neither side yard having a width of less than ten feet from the side property line to the furthermost projection of the building.
3. Any structure having one-half story below grade level shall abide by the side yard requirements of the next full story structure.
(b) On a corner lot, there shall be two side yards, the side yard abutting the street having a width of not less than 25 feet. The aggregate width minimums noted in division (D)(5)(a) above shall apply on the interior lot side according to the height of the structure.
(6) Rear yard requirements - single primary structure. There shall be a rear yard on each lot, the depth of which shall be not less than 25 feet. An accessory building may be erected within the rear quarter of the lot, observing the above side yard requirements and be located no closer than ten feet from the rear lot line.
(E) Regulations for planned multi-family residential development. A planned multi-family development shall consist of more than one multi-family residential structure on a parcel of land under a single ownership. Special use procedures may permit certain commercial establishments to be constructed and operated within the development for the convenience of the residents.
(1) Minimum lot area - planned multi-family residential development.
(a) If served by both municipal water and sewer, single-family attached dwellings and multi-family dwellings shall have 3,000 square feet per unit.
(b) If served by either municipal water or sewer, single-family attached dwellings and multi-family dwellings shall have 5,000 square feet and efficiency apartments shall have 4,000 square feet.
(c) If neither municipal water or sewer is available, all private water and sewer systems shall be approved by the State Board of Health and have a minimum lot area of 5,000 square feet per dwelling unit.
(2) Distance from all lot lines - planned multi-family residential development. There shall be a minimum distance of not less than 30 feet from any lot line to the furthermost projection of any principal structure, and 15 feet from any lot line to an accessory building.
(3) Distance between structures - planned multi-family residential development. There shall be a minimum distance of not less than 40 feet between principal structures and not less than 20 feet between a principal structure and an accessory building.
(4) Livability open space - planned multi-family residential development. There shall be a minimum livability open space (non-vehicular space) of two times the gross residential floor area.
(5) Commercial establishments - planned multi-family development.
(a) Any commercial establishment permitted by special use shall be of one story construction compatible with the design of the overall development or, if incorporated as part of a residential structure, it shall be restricted to the ground floor.
(b) The commercial portion of the development shall be designed and located in such a manner to avoid encouraging outside vehicular traffic entering the development.
(c) Commercial area usage shall contain no more than a total of 5,000 square feet of floor area and no one single establishment shall exceed 1,500 square feet. Permitted uses shall be limited to those necessary to serve the daily or frequent pedestrian trade and/or service needs of the immediate area.
(d) No building permit shall be issued for the construction of any commercial establishment within the planned development until a minimum of 65% of the residential units within the development are under roof.
(G) Visibility clearance. Vision clearance shall be in accordance with the provisions of § 156.121 of this chapter.
(H) Off-street parking and loading requirements. Off-street parking and loading space shall be in accordance with § 156.122 of this chapter.
(I) Sign regulations. Signs shall be in accordance with the provisions in § 156.123 of this chapter.
(J) Approval of site plan. Site plan approval by the Plan Commission shall be required prior to issuance of a building permit for any structure other than a single-family or two-family residential dwelling and their accessory building in accordance with the provisions of § 156.041 of this chapter.
(Ord. 9-80, passed 12-15-1980)
(A) General. The C-1 Commercial District has been created specifically for the Town’s downtown core. It is designed to serve the entire community and provide an area for the primary retail center as well as for offices, governmental facilities and personal service establishments.
(B) Use regulations.
(1) Permitted uses. No building or land shall be used and no building shall be erected, reconstructed or structurally altered to be used for any purpose other than a use which is permitted in Table 1 of this chapter.
(C) Height regulations. No building shall hereafter be erected, reconstructed or structurally altered to exceed 35 feet in height, nor shall it exceed three stories. No accessory building shall exceed 20 feet in height.
(D) Yard regulations.
(1) Front yard. There shall be no front yard required.
(2) Side yard. There shall be no side yard required. However, if a side yard is provided, there shall be not less than five feet in width between the side lot line and the building or the furthermost projection thereof.
(3) Rear yard. There shall be no rear yard required.
(F) Visibility clearance. Vision clearance shall be in accordance with the provisions of § 156.121 of this chapter.
(G) Off-street parking and loading requirements. Off-street parking and loading are not a requirement of this district; however, if provided, they shall meet the design and maintenance requirements in accordance with § 156.122 of this chapter.
(H) Sign regulations. Sign regulations shall be in accordance with the provisions of § 156.123 of this chapter.
(I) Special conditions. Apartment dwellings shall be prohibited below a commercial establishment or in an accessory building. Apartment dwellings shall be permitted above a commercial establishment.
(J) Approval of site plan. Site plan approval by the Plan Commission shall be required prior to issuance of a building permit for any new structure or major addition to an existing structure in accordance with the provisions of § 156.041 of this chapter.
(Ord. 9-80, passed 12-15-1980)
(A) General. The C-2 Commercial District is intended for areas where a single commercial establishment or a limited group of small establishments may be appropriately located to serve the frequent commercial and/or personal service needs of area residents living within a convenient traveling distance. It is not the intent of this district to permit major commercial establishments, nor highway oriented businesses.
(B) Use regulations.
(1) Permitted uses. No building or land shall be used and no building shall be erected, reconstructed or structurally altered to be used for any purpose other than a use which is permitted in Table 1 of this chapter.
(C) Height regulations. No building shall hereafter be erected, reconstructed or structurally altered to exceed two stories, nor shall it exceed 30 feet in height. No accessory building shall exceed 16 feet in height.
(D) Yard and area regulations. No building shall hereafter be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce the regulations of this chapter.
(1) Front yard. There shall be a front yard of not less than 25 feet in depth between the front property line and the building or the furthermost projection thereof. The required front yard depth shall be maintained as a green area except for necessary access ways.
(2) Side yards.
(a) On a corner lot, there shall be two side yards, the side yard abutting the street having a width of not less than 25 feet, and the interior side yard a width of not less than ten feet.
(b) Interior lots shall have two side yards, each side yard shall be not less than ten feet.
(3) Rear yard. There shall be a rear yard on every lot, which rear yard shall have a minimum depth of 20 feet. An accessory building may be constructed in the rear yard area observing the above side line requirements and be located no closer than ten feet from the rear lot line unless said rear line abuts a residential zoning district which shall require a minimum of 12 feet from the lot line.
(4) Lots abutting residential zoning district.
(a) In no case shall any building or structure be erected closer than 12 feet from any residential zoning district, nor shall any parking or loading facilities be located within the 12-foot area adjacent to said residential property line. It shall further be required that any property line abutting said district be effectively screened in one of the following ways, or a combination thereof:
1. Buffering shall be by a dense strip of natural plantings, not less than six feet in width and six feet in height after one full growing season, and ten feet in ultimate height; or
2. A solid fence not less than six feet in height.
(b) All screening plans shall be approved by the Plan Commission.
(F) Visibility clearance. Vision clearance shall be in accordance with the provisions of § 156.121 of this chapter.
(G) Off-street parking and loading requirements. Off-street parking and loading space shall be provided in accordance with the provisions of § 156.122 of this chapter.
(H) Sign regulations. Sign regulations shall be in accordance with the provisions in § 156.123 of this chapter.
(I) Special conditions.
(1) All business shall be conducted within a completely enclosed building unless otherwise specifically authorized as part of a special use.
(2) Apartment dwellings shall be prohibited below a commercial establishment or in an accessory building. Apartment dwellings shall be permitted above a commercial establishment.
(J) Approval of site plan. Site plan approval by the Plan Commission shall be required prior to issuance of a building permit for any new structure or major addition to an existing structure in accordance with the provisions of § 156.041 of this chapter.
(Ord. 9-80, passed 12-15-1980)
(A) General. The purpose of the C-3 Commercial District is to assure the grouping of commercial buildings in such a manner as to constitute a safe, harmonious, efficient and convenient retail shopping center. Provision of adequate off-street parking will provide freedom from congestion on public streets and proper traffic patterns will protect the general welfare and safety of the surrounding area. It is the intent, specifically, of this section to prohibit residential and industrial use of the land and to prohibit any other use which would substantially interfere with the development or continuation of the commercial structures in the district.
(B) Use regulations.
(1) Permitted uses. No building or structure or part thereof shall be erected, altered or used, or the premises used, in whole or in part, for other than one or more of the permitted uses specified in Table 1 of this chapter.
(C) Height regulations. No building shall hereafter be erected, reconstructed or structurally altered to exceed 35 feet in height. No accessory building shall exceed 20 feet in height.
(D) Area regulations. No building shall hereafter be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce the regulations of this chapter.
(1) General. No C-3 District shall contain less than four acres, nor have a lot width of less than 200 feet, nor a depth of less than 300 feet.
(a) No building or structure shall be located less than 50 feet from any property line.
(b) No parking area shall be located less than ten feet from any interior property line and 20 feet from any property line abutting a street.
(c) The ten-foot strip immediately adjacent to interior property lines and the 20-foot strip adjacent to a street shall be maintained as green area except for necessary access ways.
(2) Lots abutting a residential zoning district.
(a) Any property line abutting a residential zoning district shall be required to be effectively screened in one of the following ways, or a combination thereof:
1. Buffering shall be a dense strip of natural plantings, not less than ten feet in width and six feet in height after one full growing season, and ten feet in ultimate height;
2. A solid fence not less than six feet in height.
(b) The screening plans shall be approved by the Plan Commission.
(E) Approval of plans. No permit for the construction of a building, or any part thereof, shall be issued prior to approval of the development plans by the Town Council. Approval shall be given only after having considered the recommendation of the Plan Commission. The following steps shall be followed in seeking plan approval.
(1) A developer shall prepare and submit a preliminary plan and supporting data for review and tentative approval of the Plan Commission and the Town Council.
(2) Upon approval of the preliminary development plan, the developer shall prepare and submit a final development plan which shall incorporate any changes or alterations required by the Plan Commission and/or the Town Council. The final plan shall include all of the requirements for a site plan in accordance with § 156.041 of this chapter. The Plan Commission shall review the final development plan and forward its recommendation to the Town Council who shall be responsible for final approval.
(a) In reviewing a site development plan, the Plan Commission shall determine that it conforms to all applicable provisions of this chapter; that the safety and convenience of the public are adequately provided for; that adequate protection and separation are provided for contiguous properties; that safe internal circulation has been incorporated into the design for both vehicular and pedestrian movement.
(b) A shopping center located on a major thoroughfare should be served by a service road with access from a minor road whenever possible. Ingress and egress points should be designed and located not less than 200 feet from intersecting streets.
(G) Visibility requirements. Vision clearance shall be in accordance with the provisions of § 156.121 of this chapter.
(H) Off-street parking and loading requirements. Off-street parking and loading space requirements shall be in conformance with the provisions of § 156.122 of this chapter.
(I) Sign regulations. All signs shall be in accordance with the provisions of § 156.123 of this chapter.
(J) Special conditions. Residential dwellings shall be prohibited. However, a single apartment unit for the specific use of a security guard, may be permitted as a special use.
(Ord. 9-80, passed 12-15-1980)
(A) General. The C-4 District is designed to provide for free-standing commercial activities and highway oriented businesses. Uses permitted in this district may require larger sites and buildings and may not necessarily be compatible with other commercial or residential districts.
(B) Use regulations.
(1) Permitted uses. No building or land shall be used and no building shall be erected, reconstructed or structurally altered to be used for any purpose other than a use which is permitted in Table 1 of this chapter.
(C) Height regulations. No building shall hereafter be erected, reconstructed or structurally altered to exceed 35 feet in height. No accessory building shall exceed 20 feet in height.
(D) Yard and area regulations. No building shall hereafter be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce the regulations of this chapter.
(1) Front yard. There shall be a front yard of not less than 30 feet in depth between the front property line and the building or the furthermost projection thereof. The required front yard area shall be maintained as a green area, except for necessary ways of access.
(2) Side yards.
(a) On a corner lot, there shall be two side yards, the side yard abutting the street having a width of not less than 30 feet, and the interior side yard a width of not less than 20 feet.
(b) Interior lots shall have two side yards, each side shall be not less than 20 feet.
(3) Rear yard. There shall be a rear yard on every lot, which rear yard shall have a minimum depth of 25 feet. An accessory building may be built in the rear yard area observing the above side line requirements and be located no closer than ten feet from the rear line.
(4) Lots abutting a residential zoning district.
(a) Any property line abutting a residential zoning district shall be required to be effectively screened in one of the following ways, or a combination thereof:
1. Buffering shall be a dense strip of natural plantings, not less than ten feet in width, and six feet in height after one full growing season, and ten feet in ultimate height; or
2. A solid fence not less than six feet in height.
(b) The screening plans shall be approved by the Plan Commission.
(F) Visibility clearance. Vision clearance shall be in accordance with the provisions of § 156.121 of this chapter.
(G) Off-street parking and loading requirements. Off-street parking and loading space shall be in accordance with § 156.122 of this chapter.
(H) Sign regulations. Signs shall be in accordance with the provisions in § 156.123 of this chapter.
(I) Special conditions. Apartment dwellings shall be prohibited below a commercial establishment or in an accessory building. Apartment dwellings may be permitted above a commercial establishment only as a special use.
(J) Approval of site plan. Site plan approval by the Plan Commission shall be required prior to issuance of a building permit for any new structure or major addition to an existing structure in accordance with the provisions of § 156.041 of this chapter.
(Ord. 9-80, passed 12-15-1980)
(A) General. The I-1 Industrial is designed to provide sites for heavy commercial, warehousing, wholesaling and light manufacturing activities. Such sites are to be protected from the intrusion of non-industrial uses which would impede the full utilization of the industrial land. The public health, safety and general welfare of adjacent districts are to be safeguarded from the effects of the heavier uses permitted. Uses located within this district shall be so designed, constructed and operated that there is no production of sound discernible at the lot line in excess of the average street and traffic noise, nor any production of heat, glare or smoke discernible at any lot line.
(B) Use regulations.
(1) Permitted uses. No building or land shall be used and no building shall be erected, reconstructed or structurally altered to be used for any purpose other than a use which is permitted in Table 1 of this chapter.
(C) Height regulations. No building shall hereafter be erected, reconstructed or structurally altered to exceed 35 feet. No accessory building shall exceed 20 feet in height.
(D) Yard and area regulations. No building shall hereafter be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce the requirements of this chapter.
(1) Front yard. There shall be a front yard on each lot which shall be not less than 30 feet in depth. The front yard shall be maintained as a green area, except for necessary ways of access.
(2) Side yards.
(a) On a corner lot, there shall be two side yards, the side yard abutting the street having a width of not less than 30 feet and the interior side yard a width of not less than 20 feet.
(b) On each interior lot, there shall be two side yards having an aggregate width of not less than 50 feet, neither side yard having a width of less than 20 feet.
(3) Rear yard. There shall be a rear yard on each lot the depth of which shall be not less than 30 feet. An accessory building may be constructed in the rear yard area maintaining the same side line requirements and be located ten feet from the rear lot line.
(4) Lots abutting a residential zoning district. In no case shall any building or structure be erected closer than 100 feet to any residential zoning district nor shall any parking area be closer than 30 feet to said district. The 30-foot area shall be maintained as a green area. Any property line abutting said area shall be required to be effectively screened in one of the following ways, or a combination thereof:
(a) Buffering shall be by a dense strip of natural plantings, not less than ten feet in width, and six feet in height; after one full growing season, and ten feet in ultimate height; or
(b) A solid fence not less than seven feet in height.
(F) Visibility clearance. Vision clearance shall be in accordance with the provisions of § 156.121 of this chapter.
(G) Off-street parking and loading requirements. Off-street parking and loading space shall be in accordance with § 156.122 of this chapter.
(H) Sign regulations. Signs shall be in accordance with the provisions in § 156.123 of this chapter.
(I) Open storage. Any open storage yard shall be entirely enclosed with a solid or opaque fence no less than seven feet in height.
(J) Special conditions. Residential dwellings shall be prohibited. However, a single apartment unit for the specific use of a security guard, may be permitted as a special use.
(K) Approval of site plan. Site plan approval by the Plan Commission shall be required prior to issuance of a building permit for any new structure or major addition to an existing structure in accordance with the provisions of § 156.041 of this chapter.
(Ord. 9-80, passed 12-15-1980)
(A) General. The I-2 District is designed to provide areas suitable for development of heavy industrial sites, and at the same time to protect such industrial developments from the intrusion of non-industrial uses which impede the full utilization of such areas. The public health, safety and the general welfare of the entire Town as well as the adjacent districts are to be safeguarded from the effects of the heavier industrial usage permitted.
(B) Use regulations.
(1) Permitted uses. No building or land shall be used and no building shall be erected, reconstructed or structurally altered to be used for any purpose other than a use which is permitted in Table 1 of this chapter.
(C) Height regulations. No building shall hereafter be erected, reconstructed or structurally altered to exceed 35 feet. No accessory building shall exceed 25 feet in height.
(D) Yard and area regulations. No building shall hereafter be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce the requirements of this chapter.
(1) Front yard. There shall be a front yard on each lot which shall be not less than 50 feet in depth. The required yard area shall be maintained as a green area except for necessary ways of access.
(2) Side yards.
(a) On each corner lot, there shall be two side yards, the side yard abutting the street having a width of not less than 50 feet and the interior a width of not less than 40 feet.
(b) On each interior lot, there shall be two side yards having a width of not less than 40 feet.
(3) Rear yard. There shall be a rear yard on each lot the depth of which shall be not less than 50 feet. An accessory building may be constructed in the rear yard area maintaining the same side line requirements and be located ten feet from the rear lot line.
(4) Lots abutting a residential zoning district.
(a) In no case shall any building or structure be erected closer than 100 feet to any residential zoning district nor shall any parking area be closer than 50 feet to said district. The 50-foot area shall be maintained as a green area. Any property line abutting said area shall be required to be effectively screened in one of the following ways, or a combination thereof:
1. Buffering shall be by a dense strip of natural plantings, not less than ten feet in width, and six feet in height after one full growing season, and ten feet in ultimate height; or
2. A solid fence not less than seven feet in height.
(b) The screening plans shall be approved by the Plan Commission.
(F) Visibility clearance. Vision clearance shall be in accordance with the provisions of § 156.121 of this chapter.
(G) Off-street parking and loading requirements. Off-street parking and loading space shall be in accordance with § 156.122 of this chapter.
(H) Sign regulations. Signs shall be in accordance with the provisions in § 156.123 of this chapter.
(I) Open storage. Any open storage yard shall be entirely enclosed with a solid or opaque fence no less than seven feet in height.
(J) Special conditions. Residential dwellings shall be prohibited. However, a single apartment unit for the specific use of a security guard, may be permitted as a special use.
(K) Approval of site plan. Site plan approval by the Plan Commission shall be required prior to issuance of a building permit for any new structure or major addition to an existing structure in accordance with the provisions of § 156.041 of this chapter.
(Ord. 9-80, passed 12-15-1980)
(A) General. The purpose of these provisions is to promote the public health, safety and general welfare of the Town; to reduce the hazard of floods to life and property in time of flood; to protect the public against extraordinary expenditures for flood control; and to protect the storage capacity of flood plains to assure retention of sufficient floodway area to convey flood flows which can reasonably be expected to occur.
(B) Use regulations.
(1) This district is an overlay district and is established in addition to the underlying use districts and shall place additional regulations upon the property in conformance with Ch. 154 of this code of ordinances.
(2) No building or land shall be used and no building shall be erected, reconstructed or structurally altered to be used for any purpose except in conformance with all provisions of this chapter and except in conformance with all provisions of Ch. 154 of this code of ordinances.
(Ord. 9-80, passed 12-15-1980)
SPECIAL USE PERMITS
A classification of special use is hereby established to provide for the location of certain special uses designated in § 156.075, Table 1, of this chapter, which are deemed desirable for the public welfare within a given district or districts, but which because of their unique character, the nature of their operation or limited application, cannot be properly classified into particular districts without consideration in each case, of the possible impact upon the character and future development of the district in which they are located.
(Ord. 9-80, passed 12-15-1980)
Where a use exists on the effective date of this chapter and it is classified as a special use by this chapter, it shall be considered to be a lawful special use. Additions or alterations to existing buildings or expansion of said lawful special use may be permitted; provided, it meets the requirements as set out in this section, and upon application, is specifically authorized by the Town Council.
(Ord. 9-80, passed 12-15-1980)
Special use shall be authorized only by the Town Council. No application for a special use shall be acted upon by the Town until after a public hearing has been held by the Plan Commission and its findings and recommendations reported to and considered by the Town.
(Ord. 9-80, passed 12-15-1980)
(A) An application for special use shall be filed with the Clerk-Treasurer who shall process such application in the same manner as prescribed in § 156.146 of this chapter covering amendments to this chapter.
(B) The application shall include the complete legal description of the property; the name(s) and signature(s) of titleholder(s) of record and the name(s) of option holders, if applicable. Further, it shall include:
(1) The current zoning classification;
(2) A detailed explanation of the special use being requested;
(3) The manner in which such special use shall be operated or conducted; and
(4) Any special provisions or conditions that will be incorporated into the execution of the use to insure it will not be detrimental to the surrounding area.
(C) A scaled plot plan shall be made an attachment to and a part of, the application with said plan detailing dimensions of boundaries, location and size of structures, access provisions and all other pertinent data.
(Ord. 9-80, passed 12-15-1980)
(A) After legal publication and due notice, the Plan Commission shall hold a public hearing. In its consideration, the Plan Commission will attempt to determine if the special use is necessary for public convenience at the specific location requested; if it is so designed, located and proposed to be operated in a manner to protect the public health, safety and general welfare of the neighborhood; and further to determine that the special use will not have substantial negative impact on other property in the surrounding area.
(B) After said public hearing, the Plan Commission shall submit its report and recommendations to the Town Council. Such recommendations by the Plan Commission shall be advisory only, and shall not be binding on the Town Council. The Commission may recommend, and the Town Council may impose such conditions and restrictions as may be deemed necessary to promote the general objectives of this chapter and of the Comprehensive Plan for the Town.
(C) The Town Council shall schedule a public hearing on the application after receiving the report and recommendation of the Plan Commission. A special use shall not be granted by the Town Council unless the special use shall:
(1) Be deemed necessary for the public convenience in that specific location;
(2) Be so designed, located and proposed to be operated in such a manner that the public health, safety and general welfare will be protected; and
(3) Be of a nature that will not cause substantial negative impact on other property in the neighborhood in which it is to be located.
(Ord. 9-80, passed 12-15-1980)
(A) The Town Council may provide such conditions and restrictions upon the construction, location and operation of a special use, including, but not limited to, location of points of vehicular ingress and egress, off-street parking and loading, building setbacks and the like, as may beseemed necessary to promote the general objectives of this chapter and to minimize any injury to the value of the property in the neighborhood.
(B) Failure to maintain such conditions or restrictions, as imposed, shall constitute grounds for revocation of the special use permit.
(Ord. 9-80, passed 12-15-1980)
(A) Any proposed expansion, change or alteration in the operation of the permitted use shall be reported in detail to the Town Council in written form and it shall be the Town Council’s responsibility to determine if such change is of a significantly substantial nature to require the issuance of a new permit.
(B) If the Town Council determines the proposed change is not of a significant nature and may be done under the current permit, the Town Council shall so notify the applicant in writing. All correspondence regarding same is to be attached to the original special use permit and becomes a part of said permit.
(C) If the Town Council determines the requested change is of a significant nature and a new permit is required, an application shall be filed and processed in the same manner as any new application, with publication, notice, hearings and the like.
(Ord. 9-80, passed 12-15-1980)
(A) Whenever a special use is abandoned or becomes unused for a continuous period of one year, such special use permit shall terminate and the owner shall be required to obtain a new special use permit prior to commencing operation.
(B) A special use permit goes with the land and a change of ownership does not void the permit. The new owner must, however, abide with all details of operation and conditions/restrictions previously imposed on said permit or file for a new permit to cover any changes.
(Ord. 9-80, passed 12-15-1980)
SPECIAL PROVISIONS
(A) General provisions - all districts.
(1) No fence or wall shall be constructed of or contain barbed wire, broken glass, spikes or sharp and dangerous objects, nor be electrically charged; except that, barbed wire may be used at the top portion of a permitted fence or wall if located more than eight feet above the adjacent ground level. Such permitted barbed wire shall be considered part of the fence height restrictions.
(2) All fences and walls permitted herein may be located immediately adjacent to the lot lines.
(3) Variances from the restrictions of this section may be authorized only by the Board of Zoning Appeals, with the exception of a fence authorized in conjunction with a special use permit.
(4) Visibility requirements, per § 156.121 of this chapter, shall take priority over the provisions of this section in location and height of permitted fences.
(5) All fences and walls shall be kept in a state of good repair.
(B) Fences permitted in residential and business districts.
(1) Within the required front yard area, no fence or wall, (other than a necessary retaining wall) shall be higher than five feet.
(2) A fence or wall, not more than seven feet in height may be installed in the side and/or rear yards of any lot in a residential or business district. On a through lot where such rear yard or portion thereof abuts a front yard of an adjacent property, said fence or wall shall not exceed five feet in height.
(C) Fences permitted in industrial districts. In an industrial district, a fence or wall, not to exceed 12 feet in height, may be installed immediately adjacent to any property line subject to § 156.121 of this chapter.
(D) Fences around junk yards or automobile wrecking yards.
(1) An opaque fence, not less than eight feet in height, nor more than 12 feet in height, shall be maintained in a state of good repair around all junk yards and/or automobile wrecking yards subject to § 156.121 of this chapter.
(2) It is the intention of this provision that required fences shall be more attractive than the view they are constructed to obscure.
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(Ord. 9-80, passed 12-15-1980; Ord. 1997-3, passed 10-20-1997)
(A) Street intersection visibility requirements. On a corner lot, in any district, no fence, hedge, wall, sign or other structure shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two and one-half feet and eight feet above the established grade level of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection; except that, the location of principal buildings, traffic-control devices and public utility fixtures shall not be affected by this requirement.
(B) Driveway and alley visibility requirements. At intersections of driveways and alleys with streets, no fence, hedge, wall, sign or other structure shall be erected, placed or allowed to grow in such a manner at to impede vision between a height of two and one-half feet and ten feet above the established driveway or alley grade level in the area bounded by the driveway or alley lines and lot lines and a line joining points along said lines ten feet from the point of intersection of such driveway or alley lines and such lot lines.
(Ord. 9-80, passed 12-15-1980)
(A) Purpose. The regulations of this section are designed to alleviate or prevent congestion of the public streets and so promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading needs in accordance with the use of the land or structure.
(B) Scope of regulations.
(1) Accessory off-street parking and off-street loading facilities shall be provided as required by the regulations of this section for all buildings and all land uses established in each district after the effective date of this chapter.
(2) When the intensity of use of any building or premises shall be increased, additional parking and loading facilities as required herein shall be provided.
(3) When the existing use of a building or land shall hereafter be changed to a new use, parking and/or loading facilities shall be provided as required for such new use.
(4) Existing parking facilities on the effective date of this chapter shall not be reduced below the requirements of this chapter.
(C) Off-street parking.
(1) Accessory off-street parking facilities shall be provided for the parking of passenger automobiles of patrons, occupants or employees.
(2) Design and maintenance:
(a) Accessory parking spaces may be open or enclosed.
(b) All maneuvering lanes shall be of sufficient width to permit one-way traffic.
(c) Each parking space shall be ten feet by 20 feet and open directly upon an aisle.
(d) All off-street parking facilities shall have appropriate means of vehicular access to a street in a manner that will least interfere with traffic movement.
(e) All access drives shall be hard surfaced and designed to minimize surface water drainage into the public right-of-way.
(f) All parking areas shall be surfaced with a material that will remain free from dust and shall be maintained in good condition, free of weeds, dirt, trash and debris.
(g) Adequate drainage shall be provided to retain all surface water on the property.
(h) All open commercial parking areas located adjacent to a residential district shall be screened by plantings or a solid fence no less than six feet in height.
(i) Lighting used to illuminate any parking area shall be so located, shielded and directed so as to not reflect or cause glare onto adjacent property or interfere with street traffic.
(j) All parking areas shall be provided with bumper guards or wheel stops located in such a manner that no part of the parked vehicle extends beyond the boundary of the established area. The lot shall be so laid out as to prevent vehicular access to the street other than at approved access drives.
(k) Required off-street parking spaces shall not be located in any district.
(l) Visibility clearance at street and alley intersections and driveway entrances shall be in accordance with § 156.121 of this chapter.
(D) Minimum required parking spaces. In determining the minimum required number of off-street spaces, the following instructions shall be applicable.
(1) For uses not specified or for which requirements are unclear, the number of spaces shall be recommended by the Plan Commission and confirmed by the Board of Zoning Appeals on the basis of similar or mixed uses, number of persons served or employed and the capability of adequately serving the visiting public.
(2) Net floor area shall mean the total horizontal areas, but shall not include permanent storage areas, show windows, restrooms, elevators or stairwells.
Use | Off-Street Parking Minimum Spaces Required |
Use | Off-Street Parking Minimum Spaces Required |
Amusement establishments (i.e., skating rinks, bowling alleys, racquetball, tennis, swimming pools and similar uses) | 1 parking space for each 500 sq. ft. gross floor or water area |
Automobile service station | 1 space for each 2 employees, plus 2 spaces for each service stall |
Barber shops and beauty shops | 2 spaces per chair, plus 1 space for each 2 employees |
Business, commercial and service establishments, except as otherwise specified | 1 space per 250 sq. ft. of space, plus 1 space for employees |
Business, vocational and trade schools | 1 space for each faculty member and full-time employee, plus 1 space for each 8 students based on maximum design capacity |
Churches, theaters, auditoriums and similar places of congregation | 1 space for each 8 seats based on maximum seating capacity |
Drive-in business and commercial establishments (i.e., food, banks, cleaners and similar uses) | 1 space for each employee, plus reservoir storage lanes to accommodate maximum number of vehicles waiting for window service at any one time, plus additional parking as per interior space designed to serve customers |
Eating and drinking establishments, except drive-ins | 1 space for each 4 customer seats, plus 1 space for each 2 employees |
Efficiency apartments | 1.25 spaces per dwelling unit |
Funeral homes and mortuaries | 8 spaces for each room used as a chapel or parlor |
Golf courses | 4 spaces for each hole, plus 1 space for each employee |
High school | 1 space for each faculty member and other full time employee, plus 1 space for each 25 students based on maximum design capacity |
Homes for the aged | 1 space per every 3 units |
Hotel, motels | 1 space for each sleeping room plus additional spaces for accessory uses (i.e., restaurants, lounges and the like) |
Medical/dental clinics, doctors offices | 2 spaces for each examining or treatment room, plus 1 space for each doctor and regular employee |
Miniature golf courses, driving range | 2 spaces for each hole and 1 space for each driving area, plus 1 space for each employee |
Nursery school, day care centers | 1 space for each 8 children cared for and 1 space for each 2 employees |
Nursing homes, convalescent homes | 1 space for each 4 beds, plus 1 space for each 2 employees per. largest working shift |
Open-air type businesses (i.e., auto, boat, RV, farm machinery sales, nurseries and similar uses) | 1 space for each employee, plus adequate number of spaces to accommodate maximum number of patrons anticipated at a given time |
Parks, recreation areas | 1 space for each employee, plus adequate number of spaces to serve the public according to facilities in the park and/or location of said park or recreation area |
Private clubs, community centers | 1 space for each 600 sq. ft. of net floor area |
Residential - single-family, two-family, multi-family, mobile homes | 2 spaces per dwelling unit |
Schools - elementary and/or junior high | 1 space for each faculty member and other full-time employee |
Warehouses, commercial establishments, industrial, manufacturing, not catering to the retail trade | 1 space for each 2 employees, plus adequate number of spaces for visitors and company vehicles |
(E) Off-street loading.
(1) Location. All required loading spaces shall be located on the same lot as the use served. All loading spaces which abut a residential district shall be completely screened by building walls, a uniformly solid fence, or a combination thereof, of not less than six feet in height. No loading space shall be located in a required front yard.
(2) Area. A required loading space shall be at least 12 feet in width by 35 feet in length with vertical clearance of a minimum of 14 feet.
(a) Each space shall be designed with appropriate means of vehicle access to a street in a manner which will least interfere with traffic movement.
(b) All open off-street spaces shall be improved with surface water drainage facilities and a hard surface pavement.
(c) Space allocated for loading space shall not be used to satisfy the space requirements for off-street parking facilities.
(3) Space requirements. On the same premises with every structure hereafter erected or enlarged, occupied for manufacturing, warehousing, storage, retail/wholesale stores, or other uses involving the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained adequate space for standing, loading and unloading in order to avoid undue interference with public use of the street or alley. The following shall apply.
(a) Uses and buildings with a gross floor area of less than 10,000 square feet shall provide adequate receiving facilities so as not to obstruct the free movement of pedestrians and vehicles over a sidewalk, street or alley.
(b) Not withstanding floor area, open air uses such as auto dealers, farm machinery and similar uses shall provide off-street space for unloading of merchandise.
(c) Uses and buildings with a net floor area of 10,000 square feet or more shall provide off-street loading spaces as follows:
Use | Floor Area Sq. Ft. | Number Required |
Use | Floor Area Sq. Ft. | Number Required |
Manufacturing, distribution, wholesaling, storage and similar uses | 10,000-25,000 | 1 |
25,000-60,000 | 2 | |
60,000-100,000 | 3 | |
each additional 50,000 | 1 | |
Office buildings, banks, hotels, auditoriums, retail sales, hospitals and similar uses | 10,000-60,000 | 1 |
60,000-100,000 | 2 | |
each additional 100,000 | 1 | |
(Ord. 9-80, passed 12-15-1980)
(A) General.
(1) No sign shall be erected at any location where the position, size, shape, color, movement or illumination may interfere with, obstruct the view or be confused with a traffic signal or sign or in any manner confuse traffic. Consideration of traffic visibility and injurious effects on adjacent properties is essential. All signs shall be designed, constructed and maintained so as not to change the essential character of the area.
(2) All signs shall be constructed, connected, operated and maintained according to the specifications of the applicable Building and Electrical Codes.
(3) All signs shall be maintained in a good state of repair. Painted faces or structural members shall be repainted whenever peeling or fading occurs. Neon tubes, lamps, ballasts and transformers shall be kept in a good state of repair and in safe condition. The Town may order the removal of any sign that is not properly maintained.
(4) No sign shall be placed, erected or constructed on public right-of-way other than those installed by a public agency for purposes of traffic control and informational purposes.
(5) All signs hereafter erected shall be in accordance with the visibility requirements as set forth in § 156.121 of this chapter.
(6) A building permit shall be obtained, before any of the signs listed herein exceeding ten square feet in area, are erected or altered.
(B) Non-conforming signs.
(1) Any sign lawfully established prior to the effective date of this chapter or amendments hereto, that does not conform to the regulations of this chapter shall be deemed a nonconforming sign and may be continued, except as provided by the provisions of this section and the provisions of §§ 156.145 through 156.151 of this chapter.
(2) Expansion of such non-conforming signs, or the erection of signs accessory to a nonconforming use, may be authorized only by the Board of Zoning Appeals as a variance. No variance granted by the Board of Zoning Appeals shall exceed the size regulations for similar permitted signs.
(C) Special uses - signs. Signs accessory to a special use may be approved as a part of the special use permit in accordance with the provisions of §§ 156.100 through 156.107 of this chapter. If not specifically authorized and approved at the time the special use is granted, plans shall be submitted for approval prior to any sign being erected. Any proposed changes or alterations to an approved sign shall follow the same approval procedures as for acquiring the special use permit.
(D) Signs permitted in residential districts.
(1) A non-illuminated sign advertising the sale or rental of the building or property, not exceeding eight square feet in area, placed no nearer to the street line than one-half of the existing front yard depth.
(2) A non-illuminated sign announcing a legal home occupation that is offered on the premises; provided that, such sign shall not exceed two square foot in area and shall be attached flat against a building wall.
(3) A non-illuminated sign advertising a recorded subdivision or development, not to exceed 32 square feet in area, and placed no closer to any street right-of-way than one-third the minimum required front yard depth.
(4) One non-illuminated sign identifying a multiple-family building, not to exceed 32 square feet in area, and placed no closer to any street right-of-way line than one-third the minimum required front yard depth.
(E) Signs permitted in commercial and industrial districts.
(1) A sign in any commercial or industrial district is permitted only where it advertises a business occupying the same lot upon which the sign is erected. Signs shall conform to the building setback and height requirements, except for and in addition to, the requirements provided below:
(a) In any commercial or industrial district, a sign may be affixed flat against the wall of the building, or may project therefrom not more than 48 inches; provided that, such signs do hot project over a sidewalk or public right-of-way. Projecting signs shall be at least 12 feet above finished grade. The total sign area shall not exceed one square foot for each foot in length or height of the wall, whichever is greater, to which it is affixed. No such sign shall extend more than four feet in height above the building to which it is affixed.
(b) In the C-3 Commercial District, one freestanding identification sign may be erected for a shopping center or other integrated group of stores or commercial buildings. The area for said sign shall not exceed 200 square feet, nor be closer to the front, side or rear property line than one-third the distance of the required building set-back.
(c) One free-standing identification sign may be erected for each separate enterprise situated on an individual lot, in any commercial or industrial district other than the C-2 and C-3 Districts. Such sign shall not exceed 80 square feet in area, nor be closer to any street right-of-way line than one-half the minimum required front yard depth.
(d) All signs may be illuminated internally or by reflected light provided the source of light is not directly visible and is arranged to reflect away from the adjoining premises; further provided that, such illumination shall not be so placed as to cause confusion or hazard to traffic or conflict with traffic control signs or lights.
(2) No illumination involving movement by reason of the lighting arrangement or other devices shall be permitted.
(F) Outdoor advertising signs.
(1) Outdoor advertising signs (billboards) are permitted only in the C-4 Commercial and in the industrial districts.
(a) Outdoor advertising signs are required to have the same setback as other principal structures or buildings in the zone in which they are situated.
(b) Where two or more outdoor advertising signs are along the frontage of a single street or highway on the same side of the roadway, they shall not be less than 500 feet apart. A double face (back to back) or a V-type structure shall be considered a single sign.
(c) The total surface area, facing in the same direction of any outdoor advertising sign shall not exceed 300 square feet.
(d) No outdoor advertising sign shall be erected on the roof of any building, nor have one sign above another sign.
(e) Outdoor advertising signs may be illuminated by reflected light only, provided the source of light is not directly visible and is so arranged to reflect away from the adjoining premises; further provided that, such illumination shall not be so placed as to cause confusion or a hazard to traffic or conflict with traffic-control signs.
(2) No illumination involving movement by reason of the lighting arrangement or other devices shall be permitted.
(Ord. 9-80, passed 12-15-1980)
(A) A private swimming pool shall be permitted in the side and/or rear yards of all districts.
(B) All swimming pools shall be enclosed by a fence, wall or other structure which shall be at least five feet in height; any opening under the bottom of the fence shall not be more than four inches in height. The gate of the enclosure shall be self-latching with the latch placed four feet above the underlying ground. The enclosure shall be maintained in a secure condition at all times.
(C) A swimming pool extending one foot or less above the adjacent ground level shall be located a minimum of five feet from all property lines. An above ground pool extending more than one foot above ground level shall be located a minimum of 15 feet from all property lines.
(Ord. 9-80, passed 12-15-1980)
In any district, more than one principal structure housing a permitted use, may be constructed on a single parcel of land; provided that, all requirements of this chapter shall be met for each principal structure and accessory structure, as though it were on an individual lot. Further, the provision for street access, as required in § 156.126 of this chapter, are to be met for each principal structure.
(Ord. 9-80, passed 12-15-1980)
Every principal structure shall have direct access to a public street, or to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, emergency vehicles and required off-street parking.
(Ord. 9-80, passed 12-15-1980)
(B) The basis for authorization of a temporary special use permit shall be evidence of undue hardship such as during reconstruction of a home on the site after natural disaster, or hardship of a like nature.
(1) The special use permit shall provide for conformance with proper connection to water and sanitary sewer systems. A time limit upon such use shall be made and extension of the original time shall be contingent upon timely progress being made on the reconstruction of said home or other special circumstances that may be demonstrated.
(2) The mobile home shall be removed from the premises promptly upon completion of the reconstruction or special circumstance or at the end of the time limit provided, whichever shall come first.
(Ord. 9-80, passed 12-15-1980)
(A) For the purpose of this chapter, a HOME OCCUPATION shall be interpreted as an occupation or hobby carried on by a member of the immediate family residing on the premises which is clearly incidental to the use of the dwelling unit for residential purposes. The home occupation shall be carried on wholly within the principal building or an existing accessory building.
(B) No person may be employed other than a member of the immediate family.
(C) There shall be no indication from the exterior that the building is being utilized for any purpose other than that of a residence.
(D) No sign shall be permitted other than a nameplate, no larger than two square feet in area, mounted flush against the structure.
(E) No commodity shall be sold on the premises.
(F) No electric or mechanical equipment shall be installed or maintained other than such customarily incidental to domestic use.
(G) Doctors’ offices, dentists’ offices, barber shops, beauty shops, kennels, among other uses shall not be deemed to be “home occupations”.
(Ord. 9-80, passed 12-15-1980)
Only hardwood trees shall be planted in the public right-of-way between the curb and the sidewalk. No trees shall be planted in any tree lawn that is less than five feet in width. The spacing of trees in the tree lawn areas shall be not less than 40 feet apart.
(Ord. 9-80, passed 12-15-1980)
Accessory uses are defined in § 156.010 of this chapter and the following regulations shall apply to said accessory uses.
(A) Accessory buildings may only be constructed subsequent to the principal use being established and a building permit obtained for the principal building. No accessory building shall be used prior to the principal building or use, except as a construction facility for such principal use during construction. At no time shall it be used for residential purposes.
(B) Accessory buildings shall not exceed 14 feet, nor one story in height, unless specifically permitted in a given district.
(C) No accessory building shall be erected in any required front yard area or required side yard area abutting a street.
(D) In residential districts, an accessory building may be erected in the rear quarter of the lot and shall be located ten feet from the rear lot line and maintain the same side yard requirements as the principal building.
(E) Accessory buildings in a commercial or industrial district may occupy the rear yard space; provided that, such buildings do not occupy more than 45% of said space and shall be located no less than ten feet from the rear property line. If said rear line abuts a residential district, the greater distance shall prevail as prescribed in the district regulations.
(Ord. 9-80, passed 12-15-1980)
Any street within a development which has not been dedicated to the Town for public use, shall be of sufficient width to permit easy access by emergency vehicles. No street shall be dead-ended in a manner that would require an emergency vehicle to back up in order to turn around. No cul-de-sac shall be constructed with less than a 50-foot radius.
(Ord. 9-80, passed 12-15-1980)
The regulations of this chapter shall not be interpreted as to limit or interfere with the construction, installation, operation and maintenance for public utility purposes of water and gas pipes, mains and conduits; electric light and power transmission and distribution lines, or telephone service lines which have been approved for installation by the Town Council.
(Ord. 9-80, passed 12-15-1980)
NON-CONFORMING BUILDINGS, USES AND LOTS
Within the districts established by this chapter, there exists lots, land, structures and uses which would be prohibited, regulated or restricted under the terms of this chapter. It is the intent of this chapter to permit these non-conformities to continue until they are removed, but not to encourage their continuation. Non-conforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved.
(Ord. 9-80, passed 12-15-1980)
In any district in which single-family dwellings are permitted, a single-family dwelling and accessory building may be erected on any single lot of record at the effective date of adoption of this chapter; provided, such lot is not less than 5,000 square feet and 50 feet in width at the established building line and is served by both municipal sewer and water. Further, provided there is compliance with all other regulations contained in this chapter as to setback dimensions and other applicable ordinances, regulations and codes of the Town.
(Ord. 9-80, passed 12-15-1980)
(A) Where at the time of passage of this chapter, lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful.
(B) No such non-conforming use shall be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption of this chapter.
(C) No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption of this chapter.
(D) If any such non-conforming use of land ceases for any reason for a continuous period of one year, any subsequent use of land shall conform to the regulations specified by this chapter for the district in which such land is located.
(Ord. 9-80, passed 12-15-1980)
(A) Where a lawful structure exists at the effective date of adoption of this chapter, that could not be built under the terms of this chapter by reason of restrictions of area, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful.
(B) No such non-conforming structure may be enlarged or altered in a way which increases its non- conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
(C) Should such non-conforming structure or nonconforming portion of a structure be involuntarily damaged or destroyed by fire, explosion, windstorm or other similar cause, to an extent of more than 75% of its replacement cost at the time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter.
(Ord. 9-80, passed 12-15-1980)
(A) If a lawful use of a structure and land exists at the effective date of adoption of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful.
(B) An existing structure, devoted to a use not permitted by this chapter, in the district in which it is located, may be enlarged, extended or structurally altered by no more than 25% increase of the area of said building at the date of adoption of this chapter; and provided further that, any alteration, extension or addition shall conform with height, area, width and yard requirements for the district in which it is located.
(C) A non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption of this chapter. No such use shall be extended to occupy any land outside such building.
(D) (1) In a commercial or industrial district, a non-conforming use of a structure and premises may be changed to another non-conforming use of the same or more restricted classification; provided that, said proposed use is equally appropriate or more appropriate to the district than the existing non- conforming use.
(2) The final decision as to whether such a change in non-conforming usage will be permitted shall be by the Town Council. No authorization shall be granted until a public hearing has been held by the Plan Commission and its recommendations considered by the Town Council. The legal procedure to be followed prior to a decision being rendered shall be the same as that outlined for special use in § 156.104 of this chapter.
(3) Conditions and restrictions may be applied as part of the authorization if deemed necessary by the Town Council.
(E) When a non-conforming use is replaced by a permitted use, it shall thereafter conform to the regulations for the district, and a non-conforming use may not thereafter be resumed.
(F) When a non-conforming use of a structure and premises is discontinued or abandoned for 12 consecutive months, the structure and premises, shall not thereafter be used, except in conformity with the regulations of the district in which it is located.
(G) Should such non-conforming structure be involuntarily damaged or destroyed by fire, explosion, windstorm or other similar cause to an extent of 75% or more, of the replacement cost at the time of destruction, the destruction of the structure shall eliminate the nonconforming status of both the structure and the land on which it is located.
(Ord. 9-80, passed 12-15-1980)
On any building devoted in whole or in part to any non-conforming use, normal day to day maintenance, including repair or replacement of non-bearing walls, necessary wiring, plumbing, roofing or the strengthening or restoring to a safe condition, any part of the building, shall be permitted.
(Ord. 9-80, passed 12-15-1980)
There may be a change of tenancy, ownership or management of any existing non-conforming use of land, structure and premises; provided, there is no change in the nature or character of such non- conforming use, except as provided within this chapter.
(Ord. 9-80, passed 12-15-1980)
(A) Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a complaint with the Building Official. The Building Official shall record such complaint and immediately investigate.
(B) If the investigation establishes a reasonable belief that a violation has occurred, the Building Official shall notify the parties involved of the alleged violation. If the violation is not corrected, the Building Official shall file with the Town Attorney a complaint requesting action thereon as provided by and in accordance with law.
(C) Any person or agent in charge of such building or land who violates, disobeys, omits, neglects or refuses to comply with any provisions of this chapter or amendment thereof shall be fined, upon conviction, not more than a sum as set out in the Appendix: Fines and Penalties in Ch. 31 of this code of ordinances for each days violation, plus cost of prosecution. Each and every day during which any illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense.
(D) The Plan Commission, the Board of Zoning Appeals, the Town Attorney or the Town Council may institute a suit for injunction to restrain any person from violating the provisions of this chapter.
(Ord. 9-80, passed 12-15-1980)