[Ord. No. 111808 §1(400-300), 11-18-2008]
A.
Uses
shall be allowed, as defined herein, as principal uses permitted by
right, uses accessory to a principal use, temporary uses or uses allowed
by special use permit.
B.
Any
use not specifically permitted herein shall be prohibited, provided
that when a proposed use is determined by the City Planner to be substantially
similar in character and intensity to a permitted use, the City Planner
may allow such proposed use in conformance with the regulations applicable
to the permitted use most similar to the proposed use.
C.
The
minimum yards and other open spaces, including lot area per family,
required by this code shall not be encroached upon or considered as
yard or open space requirements for any other buildings, except as
provided herein.
D.
No person shall engage in construction activity without meeting all applicable requirements for: the preservation of minimum flood corridors in accordance with Chapter 410, stormwater management in accordance with Chapter 415 and erosion and sediment control in accordance with Chapter 425 and of the Peculiar Municipal Code.
[Ord. No. 11042013 §VI, 11-4-2013; Ord. No. 03162015B § I, 3-16-2015]
E.
Every
building hereafter erected or structurally altered shall be located
on a lot as herein defined and shall not traverse a lot line established
by plat. There shall not be more than one (1) main building located
on one (1) lot, except as otherwise provided herein.
F.
If
a single building or lot is located in two (2) or more zoning districts,
each part of the building or lot shall comply with the regulations
of the district in which it is located, except as otherwise provided
herein.
G.
A private
driveway or walkway located in a residential district shall not provide
access to a use located in a commercial or industrial district. A
public or private street located in a residential district shall not
provide the sole or primary means of access to a use located in a
commercial or industrial district.
[Ord. No. 111808 §1(400-301), 11-18-2008]
A.
The
regulations and requirements as to height of buildings found in this
code shall be subject to the following exceptions and additional regulations:
1.
In any district where allowed, public or semi-public buildings, such
as hospitals, churches, hotels or schools, either public or private,
may be erected to a height not exceeding seventy-five (75) feet, provided
that such buildings shall have yards the depth and width of which
shall be increased one (1) foot on all sides for each additional foot
that such buildings exceed the specified height limit as established
by the underlying district regulations.
2.
Single-family dwellings may be erected to a height of ten (10) feet
in excess of the specified height limit as established in the underlying
district, provided that the required side yards shall be increased
to not less than fifteen (15) feet in width each. In no case, however,
shall such dwelling exceed three (3) stories in height.
3.
Parapet walls and face mansards shall not extend more than six (6)
feet above the height limit.
4.
Flagpoles, chimneys, cooling towers, elevator bulkheads, gas tanks,
grain elevators, stacks, storage towers, non-commercial telecommunication
towers, ornamental towers, monuments, cupolas, domes, spires and standpipes
not exceeding fifty (50) feet in height shall be exempt from the height
regulations contained herein.
5.
Necessary mechanical appurtenances located on top of a building are
exempt from the height regulations contained herein, provided no such
appurtenance may exceed twenty (20) feet in height above the maximum
height permitted in the underlying district and all of such appurtenance
shall be set back at least fifteen (15) feet from all faces of a building
when such face is adjacent to a street.
6.
Upon the establishment of an airport or heliport within the City
of Peculiar, any future uses shall conform to the height regulations
and procedures set forth by the Federal Aviation Administration.
[Ord. No. 111808 §1(400-302), 11-18-2008; Ord. No. 07012013A, 7-1-2013; Ord. No. 09052024, 9-5-2024]
A.
The
regulations and requirements as to the area of required yards which
may be occupied shall be subject to the following exceptions and additional
regulations:
1.
Every part of a required yard or court shall be open from its lowest
point to the sky unobstructed except for the ordinary projection of
sills, belt courses, canopies, cornices, chimneys, buttresses, ornamental
features and eaves projecting up to thirty-six (36) inches; canopies
or open porches having a roof area not exceeding sixty (60) square
feet may project not more than six (6) feet into the required front
or rear yard; open paved terraces may project not more than ten (10)
feet into a front yard; existing open porches extending into a required
yard shall not be enclosed.
2.
In rear yards with a depth of at least thirty (30) feet, either a
deck or patio with a roof area not exceeding one hundred (100) square
feet, but not both, may project not more than five (5) feet into the
required rear yard. The deck and patio may be enclosed, unenclosed,
covered or uncovered, but only the deck or patio.
3.
An open fire escape may project into a required side yard not
more than one-half (1/2) the width of such yard, but not more than
four (4) feet. Fire escapes, solid floored balconies and enclosed
outside stairways may project not more than four (4) feet into a required
rear yard.
4.
No rear yard shall be required in Districts "O-C," "C-1," "C-2,"
"C-P," "I-1" or "I-2" on any lot for business or industrial purposes,
the rear line of which adjoins a railway right-of-way or which has
a rear railway tract connection.
5.
In computing the depth of a rear yard for any building where such
yard abuts an alley, one-half (1/2) of such alley may be included.
However, such portions of alley shall not be fenced in.
6.
The Board of Aldermen may waive yard measurements up to ten percent
(10%) without the referral to the Board of Zoning Adjustment, when
in their discretion doing so will aid in the creative development
of a parcel.
[Ord. No. 111808 §1(400-303.1 — 6), 11-18-2008; Ord. No. 120109 §1, 12-1-2009; Ord.
No. 07012013A, 7-1-2013]
A.
There are uses and structures that are clearly incidental to the
primary use of a structure or lot. Accessory uses and structures shall
be constructed, maintained and conducted to be obviously secondary
in nature and not to disturb or cause injury to surrounding properties
and neighborhoods. The determination of whether structures and uses
are considered to be accessory shall be made by the City Planner.
1.
Accessory uses, generally. Uses shall be allowed
as accessory uses only to existing principal uses and structures;
whenever the principal use or structure is abandoned, all accessory
uses shall cease.
2.
Accessory uses, residential districts. The
following uses may be allowed as accessory to a principal residential
use in accordance with the following conditions:
a.
Home occupations.
(1)
A customary home occupation shall include uses
such as the office of a physician, dentist, surgeon, lawyer, engineer,
surveyor, accountant, dressmaker, beauty operator, real estate salesman,
musician, artist or private instructor under the following restrictions:
(a)
Such use shall be clearly secondary to the residential
use of the structure.
(b)
No more than one (1) employee, other than a permanent
resident of the dwelling, may be employed on site.
(c)
The residential appearance of the dwelling and
premises shall not be changed by alterations or additions for business
or commercial uses, provided one (1) non-illuminated window display
or sign no more than two (2) square feet in area may be used to advertise
the same. Vehicle signage is limited to one (1) vehicle at any given
time.
(d)
The maximum allowable area that may be utilized
in conducting the home occupation shall be twenty percent (20%) of
the floor area of the dwelling unit.
(e)
The conduct of any home occupation or office shall
not reduce the number of parking spaces below what is required by
ordinance.
(f)
Business shall be conducted only within an enclosed
living area of the dwelling and shall not be permitted out-of-doors
or in any accessory structure, except for outdoor play areas associated
with a day-care center.
(g)
There shall be no storage of equipment, merchandise,
supplies or packaging waste associated with the home occupation outside
of the dwelling or garage, except for play equipment associated with
the outdoor play area of a day-care center.
(h)
No mechanical equipment shall be utilized, except
that which is customarily used for household or leisure purposes.
(i)
In no case shall a home occupation be open to customers,
clients or students at a time earlier than 8:00 A.M. or later than
8:00 P.M.
(j)
The use or storage of highly flammable, combustible
or explosive material is prohibited.
(k)
No activity shall be allowed that would interfere
with radio or television transmission in the area, nor shall there
be any activity that would cause objections or be offensive by reason
of vibrations, noise or the emission of odor, dust, smoke, heat, glare
or gas when measured at the property line.
(l)
The accumulation of inventories for public sale
on premises and/or the sale of any merchandise or products on display
within or outside the residence is prohibited, provided that orders
placed by private clients or at a sales party may be filled on premises.
(2)
Welding, vehicle body repair, mechanical repair,
rebuilding or dismantling vehicles and similar uses shall be prohibited
as home occupations.
3.
Accessory structures, generally.
a.
Accessory structures shall be located within a side or rear
yard and shall not exceed the size of the primary structure.
b.
Seasonal accessory structures shall be safely secured from the
general public until such time of use.
c.
An accessory structure shall meet the setbacks for principal
structures required in the underlying zoning district, except for
fences and accessory structures less than two hundred (200) square
feet and not exceeding the height of fifteen (15) feet. Such accessory
structures shall be set back a minimum of five (5) feet from the side
and rear property lines, except for any provision requiring additional
setbacks pursuant to this Chapter.
4.
Accessory structures, all districts.
a.
Satellite and dish antennas.
(1)
Any accessory antenna or structure greater than
ten (10) feet in height shall have a minimum setback equal to one-third
(1/3) its total height;
(2)
A ground-mounted dish for private reception may
be no larger than ten (10) feet in diameter and twelve (12) feet in
height. It shall be placed at grade within the rear or side yard at
least ten (10) feet from any property line with decorative landscaping
to conceal the base; and
(3)
A roof- or structure-mounted dish for private reception
no larger than three (3) feet in diameter nor project more than four
(4) feet from the roof or structure surface.
b.
Solar collectors. Solar collectors are permitted,
provided that the following performance standards are met:
(1)
Roof-mounted solar collector components servicing
the collector panel shall be concealed, and all exposed metal shall
be finished with similar colors to the structure on which it is mounted;
(2)
Roof-mounted solar collectors located on front
or side building roofs which are visible from the public right-of-way
shall not extend above the peak of the roof plane on which they are
mounted, and no portion of the solar collector shall extend more than
twenty-four (24) inches perpendicular to the point on the roof where
it is mounted;
(3)
Roof-mounted solar collectors located on the rear
side of building roofs shall not extend above the peak of the roof
plane on which they are mounted, and no portion of the solar collector
shall extend more than four (4) feet perpendicular to the point on
the roof where it is mounted;
(4)
Ground-mounted solar collectors shall not exceed
eight (8) feet in total height and shall be located within the rear
yard at least twelve (12) feet inside the property line; and
(5)
All lines serving ground-mounted solar collectors
shall be located underground.
5.
Accessory structures, residential districts. Provided a principal dwelling is located on a lot:
a.
One (1) detached garage or accessory structure may be allowed
according to the following specifications:
(1)
Lots having an area of less than eight thousand
four hundred (8,400) square feet shall be permitted a structure not
to exceed three hundred (300) square feet.
(2)
Lots having an area between eight thousand four
hundred (8,400) square feet and twenty-five thousand (25,000) square
feet shall be permitted a structure not to exceed six hundred seventy-five
(675) square feet.
(3)
Lots having an area in excess of twenty-five thousand
(25,000) square feet shall be permitted a structure not to exceed
the square foot area of the principal structure.
b.
All accessory buildings and garages must have the same type
of exterior structure and finish as the principal dwelling with the
following exceptions:
[Ord. No. 02012021, 2-1-2021]
(1)
Lots having an area of eighty-seven thousand one hundred twenty
(87,120) square feet or more may be permitted a metal clad structure
of one thousand (1,000) square feet or larger, the size not to exceed
the square footage of the footprint of the principal structure, with
exterior colors similar to the principal dwelling.
c.
In no case shall a detached garage or accessory building be
located closer to the front property line than the rear wall of the
principal dwelling;
d.
The height of a detached garage or accessory building shall
not exceed the height of the principal dwelling.
e.
One (1) minor accessory structure no larger than one hundred
twenty (120) square feet in area may be allowed.
f.
A carport may only be allowed in the rear yard and shall be
at least six (6) feet from a lot line.
g.
A recreational court or play area shall not be located in a
required front or side yard and shall be located no closer than six
(6) feet to any lot line. Any lighting shall be designed to eliminate
visibility beyond the property lines.
h.
Swimming pool, hot tub or spa:
(1)
Shall be located behind the front building line
and not less than ten (10) feet from any rear or side line, not less
than fifteen (15) feet from a side thoroughfare line on a corner lot
and at least twenty (20) feet from a principal building on an adjoining
lot.
(2)
If located in a side yard, a swimming pool shall
not be located less than sixty (60) feet from the front lot line and
not less than fifteen (15) feet from the side line.
(3)
The area in which a swimming pool or hot tub deeper
than twenty-four (24) inches is located shall be entirely enclosed
and separated from adjoining property by a protective fence or other
permanent structure not less than four (4) feet in height, measured
from grade. The enclosure shall be so constructed that a sphere four
(4) inches in diameter cannot pass through. Fence posts shall be decay-
or corrosion-resistant and shall be set in concrete. Such protective
enclosure shall be provided with gates equipped with self-closing
and self-latching devices placed at the top of the gate.
(4)
At the option of the property owner, a hot tub
may be covered with a latching, protective cover instead of enclosed
with fencing. The cover on the hot tub shall be closed and latched
at all times that the hot tub is not in use.
(5)
Steps or ladder. Two (2) or more
means of egress in the form of steps or ladders shall be provided
for all in-ground swimming pools. At least one (1) such means of egress
shall be located in both the deep and shallow ends of the pool. One
(1) means of egress in the form of steps or ladder shall be provided
for all aboveground pools. Treads of steps and ladders shall be constructed
of non-slip material and at least three (3) inches wide for their
full length. Steps and ladders shall have handrails on both sides.
(6)
Water supply. No source of water
other than secured from a public waterworks distribution system or
the owner's own on-premises well shall be used in swimming pools.
(7)
Inlets, make-up water facilities. A water recirculation system inlet shall be located so as to produce
uniform circulation of water throughout the pool without the existence
of dead spots and to carry pool bottom deposits to the outlets. The
system shall discharge at a minimum depth of ten (10) inches below
the overflow level.
(8)
Adequate pool drainage facilities shall be provided
as approved by the Building Inspector.
i.
In districts "R-E" and "R-1," one (1) accessory dwelling shall
be allowed in accordance with the following:
6.
Accessory structures, non-residential districts.
a.
In all non-residential districts, parking structures shall be
allowed as accessory to a principal use for the purposes of fulfilling
on-site parking requirements and parking for the general public.
b.
All accessory buildings and garages must have the same type
of exterior structure and finish as the principal dwelling.
[Ord. No. 111808 §1(400-304.1 — 4), 11-18-2008; Ord. No. 081511A §1, 8-15-2011]
A.
Outdoor
special events may be allowed after approval of a temporary use permit
from the City Planner. Any property may be allowed one (1) temporary
use at any given time and each temporary use permit shall be limited
in duration. The City Planner shall set the duration based upon the
nature of the use, time of year and conformance with any other City
or State law.
1.
Temporary uses, application. An application for
a temporary use permit and the required application fee shall be received
at least fourteen (14) days prior to the scheduled event and shall
include the following information:
a.
A completed application form as provided by the City;
b.
Legal description of the property where the temporary use is to be
located;
c.
A map of the property where the temporary use is to be located depicting
the location of any existing structures, parking spaces and the temporary
use itself;
d.
A complete description of the proposed temporary use, including hours
of operation, proposed method of merchandise display, proposed signage,
list of all goods to be sold and material and equipment to be used
in the proposed operation;
e.
A letter of permission from the property owner pertaining to the
authorized use of the site and any other facilities or services necessary
to provide for the safe operation of the event;
f.
For any use that includes the operation of a tent, a copy of the
certificate of flame resistance;
g.
For any use that requires a City occupational license, a copy of
the license;
h.
For any use that involves the processing and/or sale of food products,
a copy of the temporary food establishment permit issued by the Cass
County Health Department; and
i.
Any other information deemed necessary to conduct a thorough analysis
of the application.
2.
Temporary uses, performance standards. All temporary
uses shall comply with the following performance standards:
a.
Temporary uses shall demonstrate the ability to display merchandise
in a manner that does not create a nuisance or adversely impact surrounding
property or the visual quality of the City;
b.
Signage for temporary uses shall be limited to one (1) sign, not
to exceed eight (8) square feet. The sign shall be attached to a vehicle
or structure associated with the special event;
c.
No off-premise signs or attention-attracting devices shall be allowed;
d.
Special events shall be located in a manner that will not cause vehicular
congestion or occupy required parking spaces for another use;
e.
Upon expiration of the permit, all associated materials and equipment
shall be promptly removed from the property;
f.
If applicable, the applicant shall obtain a City occupational license
and pay sales tax to the City; and
g.
Other reasonable conditions of approval may be imposed to ensure
the protection of the public health, safety and general welfare.
3.
Temporary uses, violation. Any temporary use found
to be operating without a required permit or operating in violation
of any of the performance standards or procedural rules set forth
herein, the City Planner may revoke the temporary permit and cause
the temporary use to cease operation. After any such violation, the
City Planner may suspend the permit holder from receiving further
permits for a period of up to one (1) year from the date said permit
was revoked.
4.
Temporary use, garage sale. Garage sales may be allowed by permit in accordance with Chapter 630 of the Peculiar Municipal Code.
5.
Crop cultivation may be allowed by temporary use permit in all zoning
districts, except for "AG", in accordance with the following conditions:
a.
A minimum area of ten (10) or more contiguous acres is required.
b.
Any platted City block that contains a residence may not have crops
cultivated.
c.
There shall be a fifty (50) foot buffer zone along all property line
and right-of-way lines, which shall be mowed and maintained according
to the Property Maintenance Code, unless planted in native grasses
per DNR. There shall be a one hundred (100) foot buffer zone from
all structures.
d.
No bare winter fields are allowed. A protective crop or grasses must
be planted to control winter erosion. All fields must be mowed at
least annually to destroy woody plants.
e.
Erosion controls will be utilized so as to eliminate sediment runoff
from any cultivated property.
f.
Maximum normal crop height is limited to crops no higher than forty-two
(42) inches.
[Ord. No. 111808 §1(400-305), 11-18-2008]
A.
Where
two (2) lane non-divided highways are involved, a minimum building
setback distance of ninety-five (95) feet from the centerline of the
highway shall be maintained.
B.
Where
service road facilities on controlled or limited access highways are
involved, a minimum building setback distance of ninety-five (95)
feet from the centerline of the service road pavement shall be maintained.
C.
All
pumps and pump islands erected in connection with service stations
or businesses incidental thereto, including auto and machinery displays
and all other uses of a temporary or movable nature, located on a
two (2) lane non-divided, controlled or limited access highway or
service road shall be set back at least eighty-four (84) feet from
the centerline of a highway and sixty (60) feet from the centerline
of a service road.
D.
All
billboard and signboards or all signs erected along any two (2) lane
non-divided, controlled or limited access highway or service road
shall be set back a distance of thirty (30) feet from the edge of
the pavement of the highway or service road.
E.
No
building, use, signboard or other obstruction of visibility shall
be located in such manner as to be hazardous to highway traffic.
F.
Barriers
and clearly defined driveways shall be used to prevent parking on
highway shoulders or rights-of-way and to prevent off-pavement traffic
along shoulder, median strips or between adjacent business establishments.
Site plans shall provide adequate off-street parking spaces for residents,
employees or customers. Parking areas shall provide adequate maneuvering
space for vehicles; vehicles shall enter and exit a State maintained
road in a forward motion. All access and egress to the highway must
conform to all Highway Department regulations.
[Ord. No. 111808 §1(400-306), 11-18-2008]
Nothing herein contained shall require any change in the plans,
construction or designated use of a building for which a building
permit has been issued and plans have been on file with the City Clerk
as of the effective date of this code, provided the construction of
which shall have commenced within one (1) year of the date of such
permit and the entire building shall be completed, according to such
plans as filed, within two (2) years from the effective date of this
code.
[Ord. No. 111808 §1(400-307), 11-18-2008]
No person may perform land-disturbing activities, including clearing, grading, excavating, filling, storing or disposing of soil and earth materials, without first obtaining a land-disturbance permit from the City Engineer and paying the required application fee therefore as set forth in Chapter 500 of the Peculiar Municipal Code.
