SUPPLEMENTARY REGULATIONS

Table 1: Land Use Districts
Conservation and Agriculture Districts
C	Conservation	This district is established to emphasize the conservation of existing natural resources.
AP	Agricultural Preservation	This district is established to restrict non-agriculturally related land uses. Residential development may occur at a substantially decreased rate than other districts.
AG	General Agricultural	The Agricultural Zoning District is intended to maintain the rural and scenic qualities of the county by preserving farm land and significant open lands while allowing landowners a reasonable return on their holdings. It is further intended to provide for controlled rural residential growth beyond the limits of the urban service districts of the City of Lebanon, while maintaining the viability of existing county agricultural activities, providing for farming opportunities for future farmers, allowing current farmers to realize the monetary value of their land, protecting historic, scenic or environmentally sensitive areas and ensuring that rural residential growth can be adequately served by public roadways, fire and police protection, and public schools, without requiring unplanned and/or inordinate public expenditures. To achieve this intent, the Agricultural District is designated to (a) minimize the loss of farm lands and significant open lands to residential uses through the establishment of contiguous parcels of non-residential acres, and (b) maximize the clustering of rural residential lots on the least number of acres located on existing farm lands and significant open lands.
RE	Rural Equestrian	This district is established to maintain and conserve a rural, country-like atmosphere and to encourage equestrian uses rather than residential uses. Residential development may occur, but is secondary to the rural equestrian purpose of this district. Further, the lot area requirements of this district are more restrictive than established residential districts; typically at a density of 1 home per 3 acres.
AZ	Airport Zoning	This district is designed to include airports and heliports and all other facilities and uses appropriate and common with the taking off and landing of aircraft along with storage and servicing off such aircraft.
Residential Districts
R-1	Low Density Single-Family Residential	This is a low-density suburban residential district. The lot area and minimum floor area requirements are larger than the other residential districts. Development in this district is typically at a density of less than 1 home per 2 acres.
R-2	Low Density Single-Family and Two-Family Residential	This is a low-density single-family district, which could include two-family dwellings by Development Plan Approval. This district is primarily suited for suburban residential development in areas contiguous to the urban centers of the county. Development in this district typically ranges from 0.50 homes per acre (without public water and public sewer) to 1.75 homes per acre (with public water and public sewer).
R-3	Medium Density Single- Family and Two-Family Residential	This is a medium density single-family district, which may include two- family dwellings by development plan approval. Development in this district typically ranges from 1.75 homes per acre to 3 homes per acre. In this district, residential development at these densities requires connection to public water and public sewer utilities.
R-4	High Density Single-Family and Two-Family Residential	This district is established for high-density single-family dwellings and may include two-family dwellings by development plan approval. Single- and two-family development in this district typically ranges from 3 homes per acre to 4.25 homes per acre. Two-family development typically ranges from 7 units per acre to 12 units per acre. In this district, single- and two-family development at these densities requires connection to public water and public sewer utilities.
MF	High Density Multi-Family Residential	This is a high-density multi-family district. Development in this district is typically at a density of 7 to 12 dwelling units per acre. Development in this district requires connection to public water and public sewers.
Commercial Districts
LB	Local Business	This district is designed and located in neighborhoods to accommodate the primary needs of that locality. This district would place convenience and necessity facilities close to consumers in limited areas close to residences.
PB	Professional Business	This district is established as a buffer generally between commercial and residential districts permitting selected business and professional uses having limited contact with the public.
UB	Urban Business	This district is designed to address the needs of existing and future downtown development. This district carries virtually all of the characteristics of the GB District but without setbacks, bufferyards or other design requirements common to suburban development.
GB	General Business	This district is designed to include central business districts in established urban places. This district would be used for most types of business and service uses.
AB	Accommodation Business	This district is established to include areas adjacent to interstate interchanges and is designed to serve the needs of the public traveling on these major thoroughfares.
Industrial Districts and PUDs
I-1	Light Industrial	This district is established to accommodate light industrial uses in which all operations, including storage of materials would be confined within a building, and would include warehousing operations.
I-2	General Industrial	This district is established for all types of industrial uses requiring both enclosed and unenclosed spaces for storage, manufacturing and fabricating.
PUD	Planned Unit Development	This district is established to encourage improved land development and building site design, to encourage and allow a variety of innovative uses, building types and arrangements, to allow development of land areas so planned, located or situated as to merit and justify consideration as a PUD District.

(Ord. 2000-16, passed 8-28-2000, § 2.42)

§ 194.082 AUTHORIZED USES AND REQUIREMENTS.

The uses permitted in the districts established by this chapter are shown in Table 2, Authorized Uses. 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 exception. Where the district column is marked with a “D”, the use may be permitted only after approval of a development plan by the APC.

(A) Where a district column is marked with an “SW”, the use may be permitted by Special Exception approval from the BZA subject to the issuance of a license or operating permit as approved by the county’s Solid Waste Management District. Where a district column is marked with an “XW”, the use is permitted by right in the zoning district, but is subject to the issuance of a license or operating permit as approved by the county Solid Waste Management District.

(B) For uses not listed, the Director shall attempt to determine if the requested use is similar to a permitted use. If the proposed use is determined to be similar to a permitted use, the permit shall be issued. If the Director determines that the use is not similar, then the application shall be denied. In case of uncertainty, the Director may refer the request for clarification or classification to the BZA for consideration in accordance with the provisions of the section on uses not listed under the duties of the Board of Zoning Appeals.

Table 2: Authorized Uses

R-1

R-2

R-3

R-4

I-1

I-2

Education

Art and music schools

Colleges and universities

Elementary and secondary schools

Junior colleges and technical institutes

Libraries and information centers

Trade or business school

Non-Industrial Farm, Agricultural, Animal Related Uses

Animal day care facility

Commercial greenhouse

Kennel, small

Kennel, large

Kennel, unlimited

Roadside produce stand

Sale barn for livestock

Veterinary animal hospital

Farm

Hay, grain, feed stores

Landscape contractor

Plant nursery

Government

Penal or correctional institution

Police, postal or fire station

Municipal or government buildings

Publicly owned park or recreational facility

Industrial Uses

Anhydrous ammonia or similar liquefied fertilizer storage and distribution

Auction sales yard (excluding livestock)

Commercial facility for breeding non- farm fowl and animals

Confined feeding

Contractors storage

Industrial, general

Junk Yard

Light industrial park

Liquefied petroleum gas, bottled gas dealers

Manufacturing, use or storage of explosives

Mineral extraction

Open material storage

Petroleum tank farm

Slaughter house

Truck freight terminal

Warehouse (general)

Warehouse (grain storage)

Wholesale produce terminal

Farm product processing food processing

Fuel dealers

Light industry

Linen supply

Warehousing, storage or recycling of hazardous waste

Warehousing, storage or recycling of radioactive waste

Wholesale business

Non-Profit Membership Organizations

Business associations

Charitable institutions

Church or temple

Civic, social, religious, political or fraternal organizations

Recreation, Amusement, Tourism

Fairgrounds

Golf and country clubs

Golf driving range and miniature golf course

Hotel or motel

Outdoor recreation facility

Outdoor shooting range, public or private

Public camp ground or recreational vehicle park

Race Track

Stable, Private

Stadium, coliseum

Theater, Outdoor

Bed and breakfast

Billiard and pool establishments

Bowling alleys

Dance halls, studios and schools

Indoor recreation facility

Lodge or private club

Motion picture theater

Museum and art gallery

Public golf course

Seasonal hunting and fishing lodge

Skating

Stable, public

Residential

Day care center

Minor residential subdivision

Mobile home park

Customary home occupation (accessory use)

Domestic crafts

Assorted fabric services excluding dry cleaner

Woodworking services

Hair grooming, home catering and internet sales

Law, medicine, architecture, engineering, accounting

Academic and cultural arts tutoring

Consultation only- insurance office, planning, real estate, notary public, manufacturer’s agent

Dwelling - multi-family

Dwelling - single-family

Dwelling - two- family

Farm seasonal worker housing

Fraternity, sorority or student housing

Group residential facility

Major residential subdivision

Nursing home

Orphanage

Temporary mobile home

Retail, trade, food stores

Drive-in restaurant / fast food

Cafeteria, restaurant

Candy, nut and confectionary

Carry out restaurant

Dinner theater

Fruits and vegetables

Grocery, bakery, meat and fish, dairy products, health foods

Night club

Tavern

Retail, Trade, General Merchandise

Shopping center

Antique store

Apparel shop, shoes, custom tailoring

Bait sales

Bicycle shops

Boat sales

Book and stationary store

Camera and photographic supply

China, glassware, metal ware

Department store

Drapery, curtain and upholstery

Drug store

Electrical supply store

Farm and garden supply

Farm implements and equipment sales

Floor coverings

Florists, furriers

Gift, novelty and souvenir shops

Hardware or variety store

Hobby, toy and game shops

Household appliances, furniture

Jewelry store

Liquor store

Lumber and building materials

Monument sales

Music and video stores

News dealers

Paint, glass and wallpaper

Pet shops

Plumbing, heating and air conditioning dealer

Sporting goods

Studio business

Tobacco sales

Services, General

Accounting, auditing and bookkeeping service

Adult entertainment businesses

Advertising agencies

Agricultural credit institutions

Attorney services

Auto license bureaus

Banks and branch banks

Blueprinting and photocopying

Bond and mortgage company, savings and loan, installment sales, finance

Clothing rental

Coin-operated laundry and dry cleaning

Collection agencies

Commercial testing laboratories

Counselor-at-law

Detective agencies and protective services

Diaper service

Disinfecting and exterminating services

Dressmaking

Electrical repair shop

Engineering and architectural service

Insurance agents, brokers and service

Newspaper publishing

Private employment agencies

Professional office

Real estate service

Reupholster and furniture repair

Shoe repair

Stenographic service

Stock brokers and dealers

Tailoring and pressing shops

Temporary help supply services

Watch, clock and jewelry repair

Services, Medical

Convalescent homes

Clinic

Hospitals

Blood banks

Life care facility

Medical and dental laboratories

Medical office

Services, Personal

Cemetery or crematory

Barber shop, beauty shop

Mortuary

Photographic studio

Reducing and health salons

Solid Waste Disposal Facilities

Compost/digester facility

Composting facility

Construction/
demolition site

Incinerator

Resource recovery facility

Sanitary landfill, privately owned

Sanitary landfill, publicly owned

Transfer station

Landfill, hazardous waste or radioactive waste

Long-term permitted clean fill disposal site

Long term permitted clean fill processing site

Restricted waste site

Temporary permitted clean fill disposal site

Temporary permitted clean fill land reclamation site

Temporary permitted clean fill processing site

Utilities, Transportation, Communications/Vehicle Dealers, Repair and Services

Airport or heliport

Public water wells, water stations, filtration plants, reservoirs and storage tanks

Telephone exchange or public utility station

Wireless communication facility

Mass transit station

Off-premises signs

Radio or television station or studio

Transmission lines for utilities

Automatic car wash

Parking lot

Truck service center

Automobile body shop and painting

Automobile or motorcycle sales

Automobile parts supply

Automobile repair, service station

Mobile home, travel trailer, camper sales and service

Parking garage

Passenger car rental

Storage and dismantling of disabled vehicles

Tire, battery and accessory dealers

Truck sales, rental, leasing, repair

Table 3: Residential Uses and Requirements, Single-Family
Zoning District	AG	RE	R-1	R-2	R-3	R-4	LB	UB	GB	PB	AB
Maximum height of buildings	35	35	35	35	35	35	35	35	35	35	35
Minimum ground floor area
One-story	1,200	1,200	1,200	1,200	900	900	900	900	900	1,200	900
Multi-story	900	900	900	900	750	750	750	750	750	900	750
Minimum acres required per dwelling unit
Minimum acreage on well/septic	2 acres	3 acres	2 acres	2 acres	2 acres	2 acres	2 acres	2 acres	2 acres	2 acres	2 acres
Minimum acreage on utilities	2 acres	3 acres	1 acre	0.6 acre	0.33 acre	0.23 acre	0.23 acre	0.23 acre	0.23 acre	0.23 acre	0.23 acre
Maximum lot coverage	50%	50%	60%	60%	70%	70%	70%	70%	70%	70%	70%
Minimum primary structure width: 18 feet in all districts. Lot width to depth ratio: (3:1). (All newly created residential lots in all the above zoning districts, will not establish a lot depth which is 3 times greater than the lot width).
Minimum lot area: 5,000 square feet in all districts with public sewers. 2 acres in all districts without public sewers, and 3 acres in the re district, with or without public.
Public water and public sewer connection: required in all districts for lots that are less than one acre in size. Utility connection: required for major residential subdivisions with 15 lots or more.
Road frontage: 45 feet in all districts: (in subdivisions, up to 20% of total lots may reduce road frontage by up to 20%).
Minimum front yard (unincorporated areas): in all districts, 20 feet from the right-of-way or 70 feet from the center of the road, whichever is greater (not applicable to flag lots).
Minimum rear yard for primary structures: 20 feet in all districts.
Minimum rear yard for accessory structures: 5 feet in all districts.
Minimum side yard: 5 feet in all districts, except the agricultural district. (For agricultural district, see § 194.111 RURAL PARKING AND LOADING REQUIREMENTS (L) Bufferyards, Rural Bufferyard Requirements Table)
Number of parking spaces per lot: 2 in all districts.
Minimum spacing between dwellings created in the agricultural district: 140 feet.

Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings
Zoning District	R-2	R-3	R-4	MF	LB	UB	GB	PB	AB
Maximum density (units per acre)
Two-family dwellings	1.75	3	4.25	NA	4.25	4.25	4.25	4.25	4.25
Multi-family dwellings	NA	NA	NA	7	20	20	20	20	12
Maximum height of buildings	35	35	50	50	50	50	50	50	50
Minimum ground floor area (per dwelling unit)
One-story	900	700	700	700	700	500	500	700	700
Multi-story	450	400	400	400	400	350	350	400	400
Minimum front yard in all districts: 20 feet.
Minimum side and rear yard in all districts: 10 feet.
Number of parking spaces per dwelling unit in all districts: 2.
Public water and public sewer connection required in all districts for all development.

Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999
Zoning District	R-1	R-2	R-3
Units per acre	2	4	6
Minimum lot area in all districts: 5 acres.
Minimum area per unit in all districts: 5,000 square feet.
Minimum ground floor area (square feet)	1,000	900	900
Minimum structure width: 12 feet in all districts.
Minimum structure length: 70 feet in all districts.
Minimum front yard: 20 feet in all districts.
Minimum side and rear yard: 10 feet in all districts.
Minimum distance between buildings (primary and/or accessory): 10 feet in all districts.
Minimum distance from building to road (feet): 20 feet in all districts.
Number of parking spaces (per dwelling unit): 2 in all districts.
Public water and public sewer connection required in all districts: yes.

Table 6: Commercial, Industrial and Other Non-Residential Requirements
Zoning District	AG, R-1, R-2, R-3, R-4, MF	AB	LB	GB	UB	PB	CR	I-1	I-2	IR
Maximum height of buildings	25	35	35	75	75	35	25	75	75	35
Minimum road frontage	45	45	45	45	NA	45	45	45	45	45
Minimum front yard	20	20	20	20	NA	20	20	20	20	20
Minimum side yard	10	10	10	10	NA	10	10	10	10	10
Minimum rear yard	10	10	10	10	NA	10	10	10	10	10

(Ord. 2000-16, passed 8-28-2000, § 2.43; Ord. 2020-01, passed 1-6-2020)

SUPPLEMENTARY REGULATIONS

§ 194.095 URBAN ACCESSORY USES.

(A) Permitted accessory uses.

(1) Accessory uses shall be permitted in all zoning districts; provided, however, that, the primary use which is supported by the accessory use is a permitted use within the district to which a lot is zoned.

(2) Accessory uses shall not be permitted on a lot prior to the erection of the primary building.

(3) Accessory uses shall be customarily incidental, and subordinate to, and commonly associated with, the operation of the primary use of the lot.

(4) By way of example only, some typical accessory uses are: garages; carports; porches; decks; awnings; canopies; mini-barns; storage sheds; fences; patios; outdoor fireplaces; bathhouses; cabanas; children’s playhouses; swings; game courts, including tennis or basketball courts; parking areas; signs; swimming pools; hot tubs; radio sending and receiving antennas; satellite dish antennas;’ and storage buildings.

(B) Development standards for accessory uses.

(1) Accessory uses shall comply with all development standards of the applicable zoning district unless an exception is specifically provided for in § 194.019 of this chapter.

(2) Accessory uses shall not encroach upon any:

(a) Platted easement; or

(b) Recorded easements for, infrastructure, utilities or drainage, or for access to such infrastructure, utilities or drainage; unless specifically authorized by the terms of such platted easement or recorded easement, or by written consent of the agency in whose favor the easement is granted.

(3) Fences (including wood, chain link, solid, architectural screen, lattice-work or masonry):

(a) Maximum height above grade:

1. Shall not exceed 48 inches in a required front yard;

2. Shall not exceed six feet in a required side or rear yard;

3. Shall not exceed eight feet if located outside of the minimum required yards, but within the buildable area of a lot;

4. Fence posts may exceed the six-foot maximum height by one foot (see Figure 5, Diagram 1); and

5. Shall include in the height measurement any grade mounding, inconsistent with the ground level of the land surrounding the fence, which increases the height of the fence. (See Figure 5, Diagram 2.)

(b) Shall comply with all vision clearance area requirements of this chapter, § 194.021 of this chapter;

(c) Shall not contain barbed wire, razor wire and similar type wires as a part of the fence, except in the O-1 District, where it may be used only in conjunction with an agricultural use; and

(d) Shall not be electrified in any manner which could intentionally provide for an electrical shock if touched, except in the O-1 District, where it may be used only in conjunction with an agricultural use.

(C) Additional development standards for accessory uses in any R district. Accessory uses permitted in any R-SF-1, R-SF-2, R-SF-3, R-SF-4, R-MF-1, R-MF-2 and R-V District shall also comply with the following additional development standards.

(1) Accessory buildings.

(a) The total square foot area of all accessory buildings on a lot shall not exceed 50% of the finished floor area of the primary building. Exception: in the R-V District, a detached garage may exceed the 50% calculation above; provided that:

1. It is the only accessory building on the lot;

2. The maximum dimensions of the garage shall not exceed 24 feet by 30 feet; and

3. The total square footage of the garage is less than or equal to the finished floor area of the primary building.

(b) The total number of accessory buildings on a lot shall not exceed two accessory buildings.

(c) The minimum side yard requirements for accessory building shall comply with the minimum side yard setback requirements of the district in which it is located including aggregate.

(2) Swimming pools or hot tubs.

(a) A swimming pool or hot tub shall not be located between any front lot line and the established front building line.

(b) A swimming pool or hot tub shall not be located in any required side or rear yard.

(c) The swimming pool or hot tub shall be enclosed by either: a fence, which shall be adequate to prevent persons, children or animals from harm, and shall be equipped with a self closing. self-latching gate; or a safety pool cover complying with the provisions of I.A.C. 20-4-27(c). If a fence is utilized, such fence shall:

1. If erected at grade, be not less than five feet in height; or

2. If erected on the deck of an above ground pool or hot tub, not be less than 36 inches in height measured from the surface of the deck.

(d) No pool or hot tub shall be erected or constructed unless adequate distance from overhead electrical wires is provided in accordance with the National Safety Code and the National Electrical Code, current editions.

(e) Swimming pools or hot tubs, situated on a lot where the primary building is not occupied for periods of 30 consecutive days or more, shall be equipped with a cover adequate to prevent persons, children or animals from danger or harm.

(f) All swimming pools or hot tubs, including associated decking and aprons, shall be included in the calculation of maximum lot coverage.

(3) Patios, porches, gazebos and decks. Patios, porches, gazebos and decks shall comply with all maximum lot coverage, minimum yards and building setback, and maximum building height regulations of the applicable zoning district for primary buildings.

(a) Lot coverage credit. (Permitted in any R-SF-1, R-SF-2, and R-V District) A onetime credit of 2% additional lot coverage may be sought and utilized for at grade patio if constructed with approved pervious material (inclusive of gravel, decking, and pavers, and in no case exceeding a height greater than six inches from the natural grade established by the overall parcel).

(4) Satellite dish antennas.

(a) The regulations of this division (C)(4) shall apply to satellite dish antennas in all R districts which are greater than one meter (39.37 inches) in diameter. These regulations are intended to allow satellite dish antennas to be located in a manner that:

1. Does not unreasonably delay or prevent the installation, maintenance or use of the antenna;

2. Does not unreasonably increase the cost of installation, maintenance or use of the antenna; or

3. Preclude reception of an acceptable quality signal.

(b) The regulations of this division (C)(4) are intended to accomplish the following specific and clearly defined health, safety and aesthetic objectives:

1. To promote the public health and safety by providing criteria for the placement of satellite dish antennas greater than one meter (39.37 inches) in diameter which ensure that all such installations are performed in a manner which limits endangerment of life and property on the site and on surrounding properties if the antennas should collapse or are felled by ice or high winds; and

2. To ensure the aesthetic harmony of residential areas by providing for a harmonious streetscape, consistent with the Comprehensive Plan, uncluttered by non-residential structures, including guy wires, poles, masts, cables or other appurtenances which can create a visual blight offensive to those who reside, work or travel in the town.

(c) The following regulations are intended to meet the above objectives without unnecessarily burdening the federal interests in ensuring the availability of satellite services and in promoting fair and effective competition among competing communication service providers. In any R district, satellite dish antennas greater than one meter (39.37 inches) in diameter shall be permitted provided that:

1. If ground-mounted, satellite dish antennas shall:

a. Not be located in any required front, side or rear yard, or between the established front building line and the front lot line; and

b. Not exceed the maximum building height allowed for an accessory structure.

2. If roof-mounted, satellite dish antennas shall:

a. Not exceed the maximum building height limit allowed for a primary building;

b. Not extend beyond the horizontal limits of the roof area; and

c. Be installed in accordance with plans certified by a registered civil or structural engineer that the proposed installation complies with the standards listed in §§ 623.0 and 624.0 of the BOCA Basic Building Code. Furthermore, written documentation of such compliance, include load distribution within the building’s support structure shall be furnished.

(d) No requirement contained in this division (C)(4) shall be enforced to the extend it:

1. Unreasonably delays or prevents installation, maintenance or use of an antenna;

2. Unreasonably increases the cost of installation, maintenance or use of an antenna; or

3. Precludes reception of an acceptable quality signal by an antenna.

(D) Additional development standards for accessory uses in the R-MF-1, R-MF-2 and all commercial and industrial districts. No accessory use or structure shall be permitted in any required front, side or rear yard unless specifically authorized by the applicable zoning district regulations. In addition, the following accessory uses shall also comply with the following requirements.

(1) Trash containers exceeding 36 cubic feet shall:

(a) Be screened on all four sides within a solid-walled or opaque fenced enclosure with gate not less than six feet, nor greater than eight feet, in height above grade;

(b) Be located behind the front building line; and

(2) Parking areas shall comply with the off-street parking regulations of § 194.108 of this chapter.

(3) Loading areas shall comply with the off-street loading regulations of § 194.109 of this chapter.

(4) Signs shall comply with the sign regulations of §§ 194.160 through 194.169 of this chapter.

(5) Gasoline dispensers shall not be located within any required front, side or rear yard and shall be provided with adequate on-site maneuverability for both customer vehicles and supply vehicles (bulk delivery) so as to avoid any interference with through traffic on any public right-of-way.

(E) Underground facilities. Underground facilities, excluding utilities, shall not be located in or under any required front, side or rear yard. (See also § 194.017 of this chapter.)

(F) Game courts. Game courts shall not be located in any required front, side or rear yard, or between the established front building line and the front lot line. However, a basketball goal may be located in a driveway or interior access drive in any R district, so long as the game court for the basketball goal does not encroach into a public street.

(Ord. 2000-16, passed 8-28-2000, § 3.1; Ord. 2017-17, passed 12-4-2017; Ord. 2020-01, passed 1-6-2020)

§ 194.096 URBAN TEMPORARY USES, STRUCTURES AND BUILDINGS.

(A) Permits required. A temporary use, structure or building which is in compliance with the provisions of this section, shall be allowed in any district. A temporary use, structure or building which will be converted into a permanent primary or accessory use after the cessation of the temporary use shall be required to obtain an improvement location permit prior the establishment of the use or the construction of any structure or building. A temporary use, structure or building which will be removed from the site upon cessation of the temporary use shall be exempt from the requirements of this chapter to obtain an improvement location permit.

(B) Permitted temporary uses, structures and buildings. By way of example only, permitted temporary uses, structures and buildings include construction trailers, sales offices, model homes, garage sales and seasonal retail sales.

(C) Duration. Except for garage sales, seasonal retail sales, and mobile classrooms, a temporary use, structure or building shall be permitted for an initial period not to exceed one year, which may be renewed for an additional one-year period by the Building Commissioner upon showing of good cause.

(D) Compliance with development standards. Any temporary use, structure or building shall comply with all applicable development standards and setback requirements in the district in which the temporary use, structure or building is located.

(E) Cessation of use. All structures, buildings or debris associated with the temporary use shall be removed from the site immediately upon completion or cessation of the temporary use.

(F) Additional regulations for garage sales. Notwithstanding any regulations above to the contrary, a garage sale may be conducted only on a premises subject to the following additional regulations.

(1) A garage sale may be conducted two times each calendar year and shall not exceed three consecutive days in duration.

(2) A garage sale shall only be conducted during the hours from sunrise to sunset.

(3) All personal property exhibited outdoors during a garage sale shall be placed within a building or structure or otherwise removed from the premises immediately following the end of the garage sale.

(4) Garage sale signs shall comply with the applicable provisions of §§ 194.160 through 194.169 of this chapter.

(5) Nothing in this section shall be construed to prohibit one or more owners from conducting a combined garage sale on one of the premises owned by the participants; provided that, there is compliance with all other provisions of this section.

(G) Additional regulations for temporary seasonal retail sales uses. Any temporary seasonal retail sales use, structure or building shall also comply with the following regulations.

(1) The temporary seasonal retail sales use shall be located in a zoning district which would permit it as a permanent use on the real estate.

(2) The use or structure shall comply with all setback requirements for a primary building on the site.

(3) A minimum of three off-street parking spaces shall be provided on-site for the temporary seasonal retail sales use.

(4) The location of the temporary seasonal retail sales use and its required amount of parking spaces shall not interfere with any required parking spaces or safe and efficient flow of vehicular and pedestrian traffic around the parking area for the permanent primary use of the site.

(5) Signs for the temporary seasonal retail sales shall comply with the provisions of the sign regulations for freestanding identification signs for a single use site, and for building identification signs.

(6) Notwithstanding the provisions above to the contrary, seasonal retail sales uses shall not exceed 60 days in duration.

(H) Additional regulations for mobile classrooms. Mobile classrooms shall be permitted only as a temporary use in compliance with the following requirements.

(1) Mobile classrooms shall be for use by a religious use or school only.

(2) Mobile classrooms shall be permitted by the grant of a special exception by the Board of Zoning Appeals.

(3) Applicants for a special exception shall submit a site plan in compliance with the provisions of § 194.126 of this chapter at the time of filing a petition for special exception.

(4) Special exceptions for mobile classrooms shall be conditioned upon the applicant making progress towards accomplishing the goals of development indicated the site plan within a reasonable period of time as established by the Board of Zoning Appeals.

(5) Special exceptions for mobile classrooms shall be reviewed annually by the Board of Zoning Appeals to determine if the applicant is making progress towards accomplishing the goals of development indicated on the site plan.

(I) Additional regulations for temporary construction offices or real estate sales trailer. A temporary ILP for a temporary construction office, real estate sales trailer shall be valid for a maximum of one year from its issuance. An extension of time, not to exceed six months, may be granted by the Building Commissioner for good cause shown. Said request for extension shall be filed with the Building Commissioner prior to the termination date of the temporary ILP.

(1) Adequate access and parking areas shall be provided. Such access and parking areas shall not interfere with traffic movement on abutting or adjacent streets.

(2) No public address systems or other noise producing devices shall be permitted.

(3) No floodlights or other exterior lighting, beyond that commonly associated with the use of the site, shall be permitted or directed upon the premises.

(4) No later than 30 days after the termination date of the temporary construction office, temporary real estate sales trailer the site must be returned to as nearly as reasonably possible to its original condition, or an improvement location permit obtained for either any improvements which are to remain, or for additional, permanent development of the site.

(5) Temporary real estate sales office trailer:

(a) Shall be for a temporary period of one year from the date of grant or upon completion of the model home, whichever occurs first. The temporary real estate sales office trailer shall be removed from the property not later than one year from obtaining an improvement location permit, in the event that said temporary real estate sales office trailer has not been removed within said one-year period, or upon completion of the model home, the petitioner shall be in violation of this chapter and enforcement may ensue;

(b) A gravel parking area for not less than three cars shall be installed on the property prior to commencement of the temporary real estate sales office trailer;

(c) All temporary off-street parking shall be removed upon the removal of the temporary real estate sales office trailer, and the property shall be returned to its undeveloped state in preparation for the future construction of a single-family dwelling in frail compliance with the provisions of the applicable district and plat, filed with the office of the Recorder of the county; and

(d) The temporary real estate sales office trailer shall be skirted and landscaped around the base to enhance the appearance. A landscape plan shall be submitted for review and approval by the Building Commissioner prior to the issuance of an improvement location permit landscaping shall be installed in compliance with the approved landscape plan.

(J) Model homes. A temporary improvement location permit may be issued for the use of one model home in an approved subdivision. This improvement location permit will be reviewed annually, upon request, prior to the expiration of each one year period by the Building Commissioner for a one year renewal. The Building Commissioner may administratively issue the renewal provided there have been no registered violations or infractions with the utilization of the model home. Violations and/or infractions shall be verified by the Building Commissioner upon site inspection and completion of a filed written report. If a homeowners association has been established, a letter of recommendation for approval from the homeowners association must accompany the renewal request. If the improvement location permit renewal request is denied by the Building Commissioner, the applicant may appeal this decision to the Board of Zoning Appeals.

(1) Adequate access and parking areas shall be provided. Such access and parking areas shall not interfere with traffic movement on abutting or adjacent streets.

(2) No public address systems or other noise producing devices shall be permitted.

(3) No floodlights or other exterior lighting, beyond that commonly associated with the use of the site, shall be permitted or directed upon the premises.

(4) Signage shall be pursuant to §§ 194.160 through 194.169 of this chapter.

(5) Temporary real estate sales office in a model home:

(a) The location of the temporary sales office shall be contained entirely within the model home located on the lot;

(b) Shall be for a period of one year from the date of approval of improvement location permit for model home and may run concurrently. Accordingly, in the event that said temporary sales office located in the model home has not been removed on or before the expiration of the model home improvement location permit, the applicant shall be in violation of this approval and enforcement may ensure. Upon expiration and removal of the temporary sales office from the model home, the model home shall revert to and be utilized specifically as a single-family residence only; and

(c) Any temporary off-street parking, installed specifically to serve the sales office/model home, shall be removed upon the removal of the temporary real estate sales office from the structure.

(Ord. 2000-16, passed 8-28-2000, § 3.2; Ord. 2009-02, passed 1-5-2009)

§ 194.097 RURAL PROPERTY DEVELOPMENT STANDARDS.

(A) Use. No building or land shall be used, and no building shall be erected, reconstructed or structurally altered, which is used for any purpose other than a use which is permitted and specified in a district in which such building or land is located, and which is in accordance with the requirements of this chapter.

(B) Accessory uses. Accessory uses shall be operated and maintained under the same ownership and on the same lot or contiguous lot as the primary use.

(C) Accessory structures. Accessory structures shall be permitted in all zoning districts; provided, the following requirements have been met.

(1) Accessory structures shall not be erected prior to the primary structure, except structures which classify as farm buildings, as stated under the definitions section of this chapter.

(2) Accessory structures shall be clearly subordinate in height, area, bulk extent and purpose to the primary structure.

(3) The following accessory structures are permitted in all districts and may be installed in any required yard without an ILP: landscape vegetation, swing sets, children’s tree houses, bird baths, bird houses, curbs, fences, lamp posts, mail boxes, name plates, parking spaces, utility installations for local services, retaining walls, walks, drainage installations, housing for domestic pets provided it is not for profit and does not constitute a kennel as defined in this chapter.

(4) Any accessory structure which is classified as a farm building, as determined by this chapter, shall be only required to secure an ILP.

(5) Wireless communications facilities are permitted in all districts and may be installed without an ILP; provided, they are co-located upon an existing or pre-approved wireless communication facility, or they are no taller than 15 feet and visually integrated or camouflaged against a structure other than another antenna.

(6) The following accessory structures are permitted in all zoning districts and require an application for an ILP certifying that all applicable requirements of this chapter have been met:

(a) Buildings such as garages, carports, enclosed patios, bath houses, gazebos, cabanas, greenhouses, storage sheds, stables and other structures over 50 square feet in area;

(b) Home occupation structures in accordance with this chapter;

(c) In-ground swimming pools subject to a five-foot high fence placement around the pool area and/or a mechanical pool cover over the pool;

(d) Signs as set forth in this chapter; and

(e) Antennas and amateur radio towers over 30 feet in height measured from the roofline.

(D) Temporary uses. Temporary uses shall be permitted in all zoning districts subject to approval by the Director based on his or her decision that the use will not detrimentally affect the health, welfare, safety or morals of the neighborhood under consideration for such use.

(1) The following are general provisions that must be met before approval:

(a) The duration of a permit is stated herein, however, the Director may renew such permit for a use in 30-day increments if so requested;

(b) Temporary uses shall be subject to all of the regulations of the applicable zoning district;

(d) Public address systems shall not be used in areas of concentrated residential development;

(e) Floodlights and other lighting shall be directed upon the premises and shall not be detrimental to adjoining properties;

(f) Signs shall not flash or blink or resemble traffic and emergency warning signals; and

(g) Upon termination, the lot shall be put in a clean condition devoid of trash and remnants of the temporary use.

(2) The following are permitted temporary uses subject to the issuance of an ILP and a certificate of occupancy:

(a) Temporary office; and

(b) Model home or model apartment.

(3) The following are permitted temporary uses subject to the issuance of an ILP:

(a) Incidental signs on the same property, necessary for the sale, rental, or lease of;

(b) Announcement signs necessary to explain the character of a building enterprise for a maximum of 18 months;

(d) Other uses deemed temporary by the BZA subject to all conditions the BZA may deem necessary.

(4) The following are permitted temporary uses that do not require an ILP or certificate of occupancy:

(a) Parking area designated for a special event for a maximum of 30 days; and

(b) Other uses deemed temporary by the BZA subject to all conditions the BZA may deem necessary.

(E) Lots. Every primary structure hereafter erected shall be located on an individual lot which fronts on a street or private drive. No building or structure shall hereafter be erected or located on a lot unless such lot conforms with the lot area regulations of the District in which it is located or in accordance with § 194.019 of this chapter.

(F) Conversions.

(1) Structures originally designed for occupancy by two families or less converted to occupancy by more than two families shall secure an ILP. Such structures shall show no evidence of change to indicate the extra dwelling units.

(2) All fire escapes or stairways leading to a second or higher floor shall be completely enclosed within the converted building.

(G) Buildings relocated. No buildings or structures shall be moved from one lot or premises to another unless such building conforms to the regulations of the district to which such building shall be moved and an ILP has been secured.

(H) Building height. All buildings hereafter shall comply with the height regulations of the district in which it is located, with the exception of the following.

(1) A farm building may be erected or changed to any height necessary for its operation, however, any new structure regardless of height shall secure an ILP.

(2) Spires and church steeples may be erected or changed to any height that is not otherwise prohibited.

(I) Yards.

(1) Architectural features (cornices, chimney, eave, sill, canopy or similar feature) or open platforms, porches or landings may extend into a required side or rear yard not more than two feet, and may project into a required front yard not more than three feet.

(2) In the case of a through or corner lot, any property line abutting a street shall be considered a front property line and the setback from that line shall conform to the front yard setback regulations of that district. Corner lots shall have two front yard setbacks and two side yard setbacks.

(3) Where 25% or more of the lots in a block are occupied by buildings, the average setbacks of such buildings determine the front yard setback in the block. If there are no other buildings within 330 feet of the proposed building in either direction, then the standard setback for the District shall apply.

(4) Front yard setback lines established in recorded subdivisions establish the front yards in such subdivisions; provided that, after the adoption of this chapter, no subdivision shall be platted with building setback lines less than the required front yard of the district in which it is located.

(5) One-half of an alley, abutting the rear or side of a lot may be included in the rear yard setback or side yard setback, respectively, but such alley space shall not be included for loading and unloading berths.

(J) Restrictions along streams. (See Storm Drainage, Erosion and Sediment Control Ordinance.)

(1) No permanent structures may be erected and, if erected in violation of this division (J), no such structure may be used if the location is within 75 feet of the centerline of any legal tile ditch, or within 75 feet of the existing top edge of any legal open ditch as determined by the town’s Surveyor.

(2) No authorization of a use, under this chapter, includes the authority to discharge liquid or solid wastes into public waters except as permitted under the Stream Pollution Control Law (Acts 1943, Ch. 214, as amended). Plans and specifications for proposed public or district sewage or other waste treatment and disposal facilities must be approved by the Stream Pollution Control Board of the state, except when connecting to a public sewer utility.

(K) Flood protection. Structures shall be permitted in accordance with federal and state requirements and Ch. 192 of this code of ordinances pertaining to construction in flood hazard areas.

(L) Bulk storage. In any district, structures, buildings or above ground tanks, used for bulk storage of flammable or explosive liquids, gases or other materials shall not be located closer than 50 feet to the property line. Additional information regarding evidence of safety measures may be required in order to determine the public safety therein.

(M) Outside storage. A landscape contractor located in an agricultural district may store equipment and materials used in the business on the property as long as the equipment and non-plant materials are stored in an enclosed structure and no retail sales occur on the property.

(N) Lighting. See § 194.113.

(O) Trash receptacles. In any district, non-pedestrian, outdoor trash receptacles used for non- agricultural or non-residential uses shall be completely screened from view by the use of either solid fencing or evergreen vegetation. Such receptacles shall not be visible from the street front or any adjacent residential use during any time of the year.

(Ord. 2000-16, passed 8-28-2000, § 3.3; Ord. 2016-04, passed 4-5-2016)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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