No building shall hereafter be erected and no
existing building shall be moved, structurally altered, rebuilt, added
to or enlarged nor shall any land be used for any purpose other than
those included among the uses listed as permitted uses in each zoning
district by this chapter and meeting the requirements set forth in
the appended Schedule; nor shall any open space contiguous to any
building be encroached upon or reduced in any manner except in conformity
to the area and bulk requirements, off-street parking requirements,
and all other regulations designated in the Schedule and this chapter
for the zoning district in which such building or space is located.[1] In the event of any such unlawful encroachment or reduction,
such building or use shall be deemed to be in violation of this chapter,
and the certificate of occupancy shall become void.
[1]
Editor's Note: The Schedule is included at the end of this chapter.
A.
Streams. No structure shall be built within 50 feet
of the bed of a stream carrying water on an average of six months
of the year or on land subject to periodic overflow.
B.
Topsoil. No person shall strip, excavate, or otherwise
remove topsoil for sale or other use other than on the premises from
which taken, except in connection with the construction or alteration
of a building on such premises and excavating or grading incidental
thereto, except as hereinafter specified.
C.
Existing natural features. Existing natural features,
such as trees, brooks, drainage channels, and views, shall be retained.
Whenever such features interfere with the proposed use of such property,
a retention of the maximum amount of such features consistent with
the use of the property shall be required.
A.
Principal building. No lot shall have erected upon
it more than one principal building. No yard or other open space provided
about any building for the purpose of complying with the provisions
of this chapter shall be considered to provide a yard or open space
for any other building.
B.
Accessory building. An accessory building attached
to a principal building shall comply in all respects with the yard
requirements of this chapter for the principal building. Detached
accessory buildings shall be located to the rear of the front building
line of the principal building and, if located in a side yard area,
shall conform to side yard requirements of this chapter.
C.
Frontage on street. Every principal building shall
be built upon a lot with frontage upon a public street improved to
meet the Village's requirements.
D.
Corner lot visibility. In any district except the
B-1 District, in the triangle formed by intersecting streets and a
line joining points on such street lines 25 feet distant from their
point of intersection, no structure may be erected and no plant foliage
may be permitted or maintained between heights of 1 1/2 feet
and 10 feet above ground level.
E.
Street widening; setback. Where a building lot has
frontage on a street which is proposed for right-of-way widening,
the required front yard area shall be measured from such proposed
right-of-way line.
F.
Required spaces, etc. All yards, open space, off-street
parking, and required landscaping must be contained within the zoning
district in which the use is permitted.
G.
Corner or through lots. For the purpose of regulating
the locations of accessory buildings on corner lots and on lots extending
through between two parallel streets, all portions of a corner lot
or a through lot which front on a public street shall be subject to
the front yard requirements of the zoning district in which said corner
lot or through lot is located.
H.
Subdividing existing lots. When a new lot is formed
so as to include within its boundaries any part of a former lot on
which there is an existing building or use, the subdivision must be
carried out in such a manner as will not infringe upon any of the
provisions of this chapter either with respect to any existing structures
or use or any proposed structures or use.
I.
Signs, directional. The limitations on signs as set
forth for the various zoning districts by this chapter shall not apply
to any sign or directional device erected by the Federal, State, County,
or local government or agency thereof.
J.
Fences. Any fences erected in the Village shall adhere
to the following:
(1)
Before a fence shall be erected, a building permit
must be obtained from the Code Enforcement Officer. A request for
a permit shall be accompanied by a site plan, which shall show the
height and location of the fence in relation to all other structures
and buildings and in relation to all streets, lot property lines and
yards.
(2)
Fences may be erected, altered or reconstructed to
a height not to exceed 48 inches above ground when located within
25 feet of a street right-of-way line.
[Amended 5-6-1996 by L.L. No. 1-1996]
(a)
Fences shall be erected so that all support
posts face the property owner, with the opposite or finished side
of the fence facing adjoining properties.
(b)
Painting or staining of a fence shall be one
solid color, and one which is commonly used and conforms to other
fences in the area, i.e., brown, white, etc. Distracting or multiple
colors are prohibited.
(c)
Fences may be erected up to the lot line, with
the support posts on the fence owner's property.
(3)
Fences may be erected, altered or reconstructed to
a height not to exceed six feet above ground level when located more
than 25 feet from the street right-of-way line.
[Amended 5-6-1996 by L.L. No. 1-1996]
(4)
These restrictions shall not be applied so as to restrict
the erection of a wall for the purpose of retaining earth.
(5)
These restrictions shall not be applied so as to restrict
the erection, alteration or reconstruction of fences used in connection
with farms, except insofar as such fences might affect the public
safety.
K.
Storage of flammable liquid or gas. No storage of
any flammable liquid or gas shall be allowed except with the prior
approval of the Fire Inspector and in conformance with the recommendations
of the National Board of Fire Underwriters and the provisions of the
Village Fire Code.[1]
L.
Lots in two districts. Where a district boundary line
divides a lot in single or joint ownership of record at the time such
line is adopted, the regulations for the less-restricted portion of
such lot shall extend not more than 30 feet into the more-restricted
portion, provided that the lot has frontage on a street in the less-restricted
district.
M.
Permitted accessory uses; interpretation. The permitted
accessory uses in any district shall not include any use first specified
in a less-restricted district. In the interpretation of this provision,
an I District shall be considered the least restricted and an R-1
District the most restricted.
A.
Prohibited uses. In any residential district, the
permitted uses shall not include:
(1)
Storage of flammable liquids known as Class I or Class
II in any quantity.
(2)
Any home occupation for which a business or trade
license is required, not including licensed brokers or professional
persons.
(3)
Any use which is noxious or offensive by reason of
refuse, matter, dust, odor, smoke, gas, fumes, noise, vibration, unreasonable
use of lights or nighttime operation.
C.
Location of accessory structures. No accessory structure
shall be located within 10 feet of a principal building or other accessory
building.
D.
Storage in front yards. No front yard shall be used for the open
storage of boats, camping trailers, utility trailers, motorized camping
vans or similar vehicles, except such storage is allowed provided:
[Amended 12-11-2017 by L.L. No. 4-2017]
(1)
Any such vehicle or boat be stored on a driveway; and
(2)
Any such vehicle shall have a current registration and if a boat
be stored on a trailer designed for boats with both the boat and trailer
displaying current registrations; and
(3)
Any such vehicle or boat not be less than 10 feet from the road right-of-way;
and
(4)
Any such vehicle or boat not be less than five feet from any side
lot line; and
(5)
If a corner lot, any such vehicle or boat not be stored within a
triangle at the street intersection formed by a line between points
on the front lot line and side lot line, each point being 35 feet
from the intersection of the front lot line and the side lot line.
(6)
No person shall occupy such vehicle or boat for dwelling purposes
longer than 30 days per year in any portion of the Village of Angola
without first obtaining a permit authorizing such occupancy.
[Added 9-12-2022 by L.L. No. 3-2022]
E.
Parking of commercial vehicles. No commercial vehicle
with a load-carrying capacity of greater than one ton shall be parked
out-of-doors overnight or on Sunday in conjunction with a residential
property in a residential district. No vehicles for commercial display
purposes shall be stored in any district at any time.
F.
Maximum rear yard coverage. In any residential district,
no accessory building shall be erected in any yard, except that accessory
buildings may occupy in the aggregate not more than 25% of a rear
yard.
A.
Directional signs. The limitations on sign area as
set forth by this chapter for the business and industrial zoning districts
shall not apply to parking lot markers, directional signs, entrance
and exit signs and other such signs which are erected on the premises,
provided that such signs do not exceed two square feet in area on
any one side and do not contain any advertising of the use on the
premises.
B.
B District manufacture or repair. The number of persons
engaged in the manufacture of articles or the fabrication or repair
of goods or articles shall not exceed two in any establishment in
a B District.
[Amended 10-19-2009 by L.L. No. 4-2009]
