For the purpose of this chapter, the following
definitions shall be used:
ABUTTING
Having a common property line or district line.
ACCESSORY BUILDING
A building or portion of a building subordinate to the main
building and used for a purpose customarily incidental to the permitted
use of the main building or the use of the premises. When an accessory
building is a part of the main building or is substantially attached
thereto, the side yard and rear yard requirements of the main building
shall be applied to the accessory building.
ALLEY
A street or thoroughfare less than 21 feet wide and affording
only secondary access to abutting property.
APARTMENT
A portion of a multiple dwelling used as a separate housing
unit and having cooking facilities and a private bath.
BASEMENT
A story, as defined below, partly underground which, if occupied
for living purposes, shall be counted as a story for purposes of height
measurement.
BILLBOARD
An advertising device, either freestanding or attached to
a building, which is used to display information not related to the
use or ownership of the establishment on the property upon which it
is located.
BOARDINGHOUSE
A building other than a hotel where lodging and meals are
furnished for compensation for three or more persons not members of
a family.
BUILDING
Any structure used, designed or intended for the protection,
shelter, enclosure or support of persons, animals or property. When
a building is divided into separate parts by unpierced walls extending
from the ground up, each part shall be deemed a separate building.
BUILDING AREA
The total living area bounded by the exterior walls of a
building at the floor level, but not including basement, garage, open
porch and unfinished attic.
BUILDING, HEIGHT OF
The vertical distance from the average curb level in front
of the lot or the finished grade at the building line, whichever is
higher, to the highest point of the coping of a flat roof, to the
deckline of a mansard roof, or to the average height of the highest
gable of a gambrel, hip or pitch roof.
CERTIFICATE OF OCCUPANCY
A written statement issued by the Building Inspector which
permits the use of a building or lot or a portion of a building or
lot and which certifies compliance with the provisions of this chapter
for the specified use and occupancy.
CONDITIONAL USE
A use of a special nature so as to make impractical its predetermination
as a principal use within a district.
DWELLING
A.
ONE-FAMILYA detached building designed for or occupied exclusively by one family.
B.
TWO-FAMILYA detached or semidetached building designed for and occupied exclusively by two families.
C.
MULTIFAMILYA building or portion thereof designed for and occupied by more than two families, including tenement houses, row houses, apartment houses and apartment hotels.
DWELLING UNIT
A separate housekeeping unit, designed and used for occupancy
by a single family.
FAMILY
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family or the
functional equivalent thereof, exhibiting the generic character of
a traditional family. A boardinghouse shall not be considered a family.
[Amended 5-3-2007 by Ord. No. 2007-12]
FARM
Land consisting of five acres or more on which produce, crops,
livestock or flowers are grown primarily for off-premises consumption
or use.
FLOOR AREA
A.
For residential uses, the gross horizontal area
of the floor of a dwelling unit, exclusive of porches, balconies,
garages and basements, measured from the exterior faces of the exterior
walls or from the center lines of walls or partitions separating dwelling
units.
B.
For uses other than residential, the area measured
from the exterior faces of the exterior walls, or from the center
line of walls or partitions separating such uses, including all floors,
lofts, balconies, mezzanines, cellars, basements and similar areas
devoted to such uses.
FRONTAGE
All the property abutting on one side of a street between
two intersecting streets or all of the property abutting on one side
of a street between an intersecting street and the dead end of a street.
GARAGE
A.
PRIVATEAn accessory building or space for the storage only of not more than two motor-driven vehicles per dwelling.
B.
PUBLICAny building or premises, other than a private or a storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.
C.
STORAGEAny building or premises used for the storage only of motor-driven vehicles, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold. No commercial motor vehicle exceeding two tons' capacity shall be stored in any storage garage.
HOME OCCUPATION
A gainful occupation conducted by members of the family only
within their place of residence, provided that no article is sold
or offered for sale on the premises except such as is produced by
such occupation, that no stock-in-trade is kept or sold, that no mechanical
equipment is used other than such as is permissible for purely domestic
purposes, that no sign other than one unlighted nameplate not more
than four feet square is installed and that no person other than a
member of the immediate family living on the premises is employed.
Outdoor storage of raw materials or finished products is not allowed.
[Amended 3-15-2007 by Ord. No. 2007-05]
HOTEL or MOTEL
A building in which lodging, with or without meals, is offered
to transient guests for compensation and in which there are more than
five sleeping rooms with no cooking facilities in any individual room
or apartment.
LOT
A parcel of land having a width and depth sufficient to provide
the space necessary for one main building and its accessory building,
together with the open spaces required by this chapter, and abutting
on a public street or officially approved place.
LOT, CORNER
A lot abutting on two or more dedicated and accepted streets
at their intersection, provided that the interior angle of such intersection
is less than 135°.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
LOT LINES
The lines bounding a lot as defined herein.
LOT, THROUGH
An interior lot having frontage on two nonintersecting streets.
MOBILE HOME
A non-self-propelled one-family dwelling unit of vehicular
design, built on a chassis and originally designed to be moved from
one site to another, whether or not the same is placed on a permanent
foundation.
MOBILE HOME PARK
Any lot on which two or more mobile homes are parked for
the purpose of temporary or permanent habitation.
NONCONFORMING USE
A building or premises lawfully used or occupied at the time
of the passage of this chapter or amendments thereto which use or
occupancy does not conform to the regulations of this chapter or any
amendments thereto.
NURSERY
Any building or lot, or portion thereof, used for the cultivation
or growing of plants and including all accessory buildings.
NURSING HOME
Any building used for the continuous care, on a commercial
or charitable basis, of persons who are physically incapable of caring
for their own personal needs.
PARKING STALL
An off-street space available for the parking of a motor
vehicle and which, in this chapter, is held to be an area 10 feet
wide and 20 feet long, exclusive of passageways and driveways appurtenant
thereto and giving access thereto.
PROFESSIONAL HOME OFFICE
The office of a doctor, practitioner, dentist, minister,
architect, landscape architect, professional engineer, lawyer, author,
musician or other recognized profession. When established in an R-1
District, a professional office shall be incidental to the residential
occupation, and not more than 25% of the floor area of only one story
of a dwelling unit shall be occupied by such office. Only one person
may be employed who is not a resident of the home.
RAILROAD RIGHT-OF-WAY
A strip of land with tracks and auxiliary facilities for
track operation, but not including freight depots or stations, loading
platforms, train sheds, warehouses, car or locomotive shops, or car
yards.
SETBACK
The minimum horizontal distance between the street line and
the nearest point of a building or any projection thereof, excluding
uncovered steps.
SHOPPING CENTER
A group of stores, planned and designed for the site on which
it is built, functioning as a unit with off-street parking provided
on the property as an integral part of the unit.
SIGN
Any words, letters, figures, numerals, phrases, sentences,
emblems, devices or designs visible from a public street or highway
which convey information regarding the use or ownership of the establishment
on the same property upon which they are located, as distinguished
from a billboard.
STORY
That portion of a building included between the surface of
a floor and the surface of the floor next above it or, if there is
no floor above it, then the space between the floor and the ceiling
next above it. A basement or cellar having 1/2 or more of its height
above grade shall be deemed a story for purposes of height regulation.
STREET
All property dedicated for public street purposes.
STREET LINE
A dividing line between a lot, tract or parcel of land and
an abutting street.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or any
change in the roof structure or in the exterior walls.
STRUCTURE
Anything constructed or erected, the use of which requires
a permanent location on the ground or attached to something having
a permanent location on the ground.
TEMPORARY SIGN
A nonpermanent sign or advertising display intended to be
displayed for a short, usually fixed period of time not exceeding
30 consecutive days in a twelve-month period, unless in conjunction
with an approved temporary seasonal use. Temporary signs include wall,
freestanding, and banner signs mounted on walls. A mobile or portable
sign shall not be considered a temporary sign or used for such purpose.
Only one temporary sign may be displayed on a lot at one time. Furthermore,
any one lot is limited to a maximum of two temporary signs in a twelve-month
period. Political signs are exempt from this provision.
[Added 12-5-2013 by Ord. No. 2013-06]
TEMPORARY STRUCTURE
A movable structure which does not require a permanent location
on the ground and which is not attached to something having a permanent
location on the ground.
USE
The use of a property is the purpose or activity for which
the land or building thereon is designed, arranged or intended or
for which it is occupied or maintained.
USE, ACCESSORY
A use subordinate in nature, extent or purpose to the principal
use of a building or lot and which is also an approved use if so stated
in this chapter.
USE, PERMITTED
A use which may be lawfully established in a particular district
or districts provided that it conforms to all requirements, regulations
and performance standards, if any, of such districts.
USE, PRINCIPAL
The main use of land or a building as distinguished from
a subordinate or accessory use. A principal use may be permitted or
conditional.
UTILITIES
Public and private facilities such as water wells, water
and sewer pumping stations, water storage tanks, electric transmission
towers, electric lines, electric transmission substations, gas transmission
regulation stations, telephone and telegraph exchanges, and microwave
relay structures, but not including sewage disposal plants, municipal
incinerators, warehouses, shops and storage yards.
VISION CLEARANCE
An unoccupied triangular space at the street corner of a
corner lot which is bounded by the street lines and a setback line
connecting points specified by measurement from the corner on each
street line.
YARD
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward, except as otherwise provided
herein.
A.
FRONT YARD OR SETBACKA yard extending the full width of the lot between the front lot line and the nearest part of the main building, excluding uncovered steps.
B.
REAR YARDA yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building, excluding uncovered steps.
C.
SIDE YARDA yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line.
ZONING DISTRICT
An area or areas within the corporate limits for which the
regulations and requirements governing use, lot and bulk of building
and premises are uniform.
ZONING PERMIT
A permit stating that the placement of and the purpose for
which a building or land is to be used is in conformity with the uses
permitted and all other requirements under this chapter for the zone
in which it is to be located.
The regulations contained herein relating to
the height of buildings and the size of yards and other open spaces
shall be subject to the following exceptions:
A. Chimneys, towers, lofts, etc. Chimneys, cooling towers,
elevator bulkheads, fire towers, monuments, windmills, stacks, scenery
lofts, tanks, water towers, ornamental towers, spires, wireless or
broadcasting towers, masts or aerials and necessary mechanical appurtenances
exceeding the height regulations of this chapter may be permitted
as conditional uses by the Plan Commission.
B. Street yard modifications. The yard requirements stipulated
elsewhere in this chapter may be modified as follows:
(1) Uncovered stair restrictions. Uncovered stairs, landings
and fire escapes may project into any yard, but not to exceed six
feet and not closer than three feet to any lot line, and must be eight
feet or more above ground.
(2) Cul-de-sac and curve restrictions. Residential lot
frontage on culs-de-sac and curves in R-1 Districts may be less than
80 feet provided that the width at the building setback line is at
least 80 feet and the street frontage is not less than 45 feet. Residential
lot frontage on culs-de-sac and curves in R-2 Districts may be less
than 100 feet provided that the width at the building setback line
is at least 100 feet and the street frontage is not less than 55 feet.
(3) Architectural projection restrictions. Architectural
projections, such as chimneys, flues, sills, eaves, belt courses and
ornaments, may project into any required yard, but such projection
shall not exceed two feet.
(4) Residential fence restrictions. Residential fences are permitted in front, rear and side yards in the residential districts. On the side yards the fence shall not project into the principal building required setback distance and shall be in compliance with required vision clearance. A building permit is required; see Chapter
140, Building Construction, of this Code.
[Amended 2-15-2007 by Ord. No. 2007-03]
(5) Security fence restrictions. Security fences are permitted on the property lines in all districts but shall not exceed 10 feet in height and shall be an open type similar to woven wire or wrought iron fencing. A building permit is required. See Chapter
140, Building Construction, of this Code.
(6) Essential services exemptions. Essential services,
utilities, and electric power and communication transmission lines
are exempt from the yard and distance requirements of this chapter.
(7) Street yard restrictions. With the approval of the
Building Inspector, the required street yards may be decreased in
any residential, business or industrial district to the average of
the existing street yards of the abutting structures on each side,
but in no case less than 15 feet in the residential districts and
five feet in any business or industrial district.
C. Corner lots. On corner lots the side yard facing the
street shall not be less than 30 feet.
D. Lots abutting different grades. Where a lot abuts
on two or more streets or alleys having different average established
grades, the higher of such grades shall control only for a depth of
120 feet from the line of the higher average established grade.
E. Buildings on through lots. The requirements for a
rear yard for buildings on through lots and extending from street
to street may be waived by furnishing an equivalent open space on
the same lot in lieu of the required rear yard, provided that the
setback requirements on both streets are complied with.
F. Accessory buildings. Accessory buildings which are
not a part of the main building shall not occupy more than 30% of
the area of the required rear yard, shall not be more than 15 feet
high and shall not be nearer than five feet to any lot line nor five
feet to any alley line and shall not extend into a front yard beyond
the required setback.
G. Unobstructed yards. Every part of a required yard
shall be open to the sky unobstructed except for accessory buildings
in a rear yard and the ordinary projections of sills, belt courses,
cornices and ornamental features projecting not more than two feet.
The R-1 District is intended to provide a quiet,
pleasant and relatively spacious living area for single-family dwellings,
protected from traffic hazards and intrusion of incompatible land
uses.
A. Permitted uses.
(2) Attached or detached garage, 864 square feet and 15
feet in height maximum.
(3) Garden and yard equipment shed, 144 square feet maximum.
An accessory structure of this type and size must comply with zoning
and all other requirements found in the Municipal Code, but shall
not require a building permit.
[Amended 11-5-2009 by Ord. No. 2009-17; 7-2-2020 by Ord. No. 2020-05]
(4) Garden and yard equipment shed, greater than 144 square feet and
less than or equal to 200 square feet. An accessory structure of this
type and size requires a building permit.
[Added 7-2-2020 by Ord.
No. 2020-05]
B. Conditional uses. See also §
385-21 of this chapter.
(1) Churches, synagogues and similar places of worship
and instruction, including parsonages.
(2) Municipal buildings, except sewage disposal plants,
garbage incinerators, public warehouses, public garages, public shops
and storage yards and penal or correctional institutions and asylums.
(3) Utility offices, provided that there is no service
garage or storage yard.
(4) Public, parochial and private elementary and secondary
schools.
(5) Public parks, recreation areas, playgrounds and community
centers.
(6) Home occupations and professional home offices.
[Amended 3-15-2007 by Ord. No. 2007-05]
(7) An additional accessory building exceeding 200 square
feet.
[Added by Ord. No. 95-11; amended 11-5-2009 by Ord. No. 2009-17; 7-2-2020 by Ord. No.
2020-05]
C. Lot, yard and building requirements. See also §
385-3 of this chapter.
(1) Lot frontage at setback: minimum 80 feet.
(2) Lot area: minimum 10,000 square feet.
(3) Principal building.
(a)
Front yard: minimum 30 feet.
(b)
Side yards: minimum total, 20 feet; minimum
side, eight feet.
(c)
Rear yard: minimum 25 feet.
[Amended 9-3-2020 by Ord.
No. 2020-08]
(d)
Building height: maximum 35 feet.
(4) Accessory buildings.
(a)
Front yard: minimum 30 feet.
(b)
Side yards: minimum five feet.
(c)
Rear yard: minimum five feet.
(d)
Building height: maximum 15 feet. Accessory
buildings shall not exceed 15 feet in height as measured to the roof
peak except in those cases where the existing home and at least two
of the abutting property homes are two stories in height or more.
In those cases the accessory building can be up to 25 feet in height.
The maximum area in those cases shall be the "footprint" of the building,
not the total floor area.
(e)
Garage: maximum 864 square feet.
(f)
Garden shed: maximum 144 square feet.
[Amended 11-5-2009 by Ord. No. 2009-17]
(5) Floor area: minimum 1,000 square feet.
(6) Off-street parking: minimum two spaces per unit. (See also §
385-23 of this chapter.)
(7) With respect to any lot of record as of this date
(July 21, 1989) which is 72 feet or less in width, the total width
of the side yards of the principal building, including attached garages,
shall not be less than 15 feet and no single side yard shall be less
than five feet; accessory buildings and unattached garages shall not
be less than three feet from the lot line.
The R-1A District is intended to provide a quiet,
pleasant and relatively spacious living area for single-family dwellings,
protected from traffic hazards and intrusion of incompatible land
uses.
A. Permitted uses.
(2) Attached or detached garage, 864 square feet and 15
feet in height maximum.
(3) Garden and yard equipment shed, 144 square feet maximum.
[Amended 7-2-2009 by Ord. No. 2009-09]
B. Conditional uses. See also §
385-21 of this chapter.
(1) Churches, synagogues and similar places of worship
and instruction, including parsonages.
(2) Municipal buildings, except sewage disposal plants,
garbage incinerators, public warehouses, public garages, public shops
and storage yards and penal or correctional institutions and asylums.
(3) Utility offices, provided that there is no service
garage or storage yard.
(4) Public, parochial and private elementary and secondary
schools.
(5) Public parks, recreation areas, playgrounds and community
centers.
(6) Professional offices.
[Amended 3-15-2007 by Ord. No. 2007-05; 7-2-2009 by Ord. No. 2009-09]
(7) Additional garages or accessory building exceeding
144 square feet.
[Added by Ord. No. 95-11; amended 7-2-2009 by Ord. No. 2009-09]
C. Lot, yard and building requirements. See also §
385-3 of this chapter.
(1) Lot frontage at setback: minimum 100 feet.
(2) Lot area: minimum 12,000 square feet.
(3) Principal building.
(a)
Front yard: minimum 30 feet.
(b)
Side yards: minimum total, 25 feet; minimum
side, 10 feet.
(c)
Rear yard: minimum 30 feet.
(d)
Building height: maximum 35 feet.
(4) Accessory buildings.
(a)
Front yard: minimum 30 feet.
(b)
Side yards: minimum five feet.
(c)
Rear yard: minimum five feet.
(d)
Building height: maximum 15 feet. Accessory
buildings shall not exceed 15 feet in height as measured to the roof
peak except in those cases where the existing home and at least two
of the abutting property homes are two stories in height or more.
In those cases the accessory building can be up to 25 feet in height.
The maximum area in those cases shall be the "footprint" of the building,
not the total floor area.
(e)
Garage: maximum 864 square feet.
(f)
Garden shed: maximum 144 square feet.
[Amended 11-5-2009 by Ord. No. 2009-17]
(5) Floor area:
(a)
One bedroom: minimum 1,200 square feet.
(b)
Two bedrooms: minimum 1,300 square feet.
(c)
Three bedrooms: minimum 1,500 square feet.
(d)
Four bedrooms: minimum 1,700 square feet.
(6) Off-street parking: minimum two spaces per unit, both of which shall be in a garage. (See also §
385-23 of this chapter.)
The R-2 District is intended to provide a quiet,
pleasant and relatively spacious living area for single-family, two-family
and multifamily dwellings protected from traffic hazards and intrusion.
Further, it is intended that two-family and multifamily dwellings
be dispersed throughout the district on a conditional use basis.
A. Permitted uses.
(1) Uses permitted in the R-1 District.
(2) Boardinghouses, up to four paying guests or boarders,
including bed-and-breakfast establishments.
B. Conditional uses.
(1) Conditional uses permitted in the R-1 District.
[Amended 3-15-2007 by Ord. No. 2007-05]
(5) Public hospitals and rest homes.
(6) Private clubs, fraternities and lodges, except those
whose chief activity is customarily carried on as a business.
(7) Additional garages or accessory building exceeding
144 square feet.
[Added by Ord. No. 95-11; amended 11-5-2009 by Ord. No. 2009-17]
(8) Zero lot line or common wall construction single-family
dwelling.
[Added by Ord. No. 2-01]
C. Lot, yard and building requirements. See also §
385-3 of this chapter.
(1) Single-family dwellings. Same as for R-1 District.
(2) Two-family dwellings.
(a)
Lot frontage: minimum 100 feet.
(b)
Lot area: minimum 12,000 square feet.
(c)
Principal building:
[1]
Front yard: minimum 30 feet.
[2]
Side yards: minimum 15 feet.
[3]
Rear yard: minimum 25 feet.
[Amended 9-3-2020 by Ord.
No. 2020-08]
[4]
Building height: maximum 35 feet.
(d)
Accessory building:
[1]
Front yard: minimum 30 feet.
[2]
Side yards: minimum five feet.
[3]
Rear yard: minimum five feet.
[4]
Building height: maximum 15 feet. Accessory
buildings shall not exceed 15 feet in height as measured to the roof
peak except in those cases where the existing home and at least two
of the abutting property homes are two stories in height or more.
In those cases the accessory building can be up to 25 feet in height.
The maximum area in those cases shall be the "footprint" of the building,
not the total floor area.
[5]
Floor area per dwelling unit: minimum 900 square
feet.
[6]
Off-street parking: minimum two spaces per unit. (See also §
385-23 of this chapter.)
(3) Multifamily dwellings.
(a)
Lot frontage: minimum 100 feet.
(b)
Lot area: minimum 12,000 square feet.
(c)
Principal building:
[1]
Front yard: minimum 30 feet.
[2]
Side yards: minimum 15 feet.
[3]
Rear yard: minimum 25 feet.
[Amended 9-3-2020 by Ord.
No. 2020-08]
[4]
Building height: maximum 35 feet.
(d)
Accessory building:
[1]
Front yard: minimum 25 feet.
[2]
Side yards: minimum five feet.
[3]
Rear yard: minimum five feet.
[4]
Building height: maximum 15 feet. Accessory
buildings shall not exceed 15 feet in height as measured to the roof
peak except in those cases where the existing home and at least two
of the abutting property homes are two stories in height or more.
In those cases the accessory building can be up to 25 feet in height.
The maximum area in those cases shall be the "footprint" of the building,
not the total floor area.
(e)
Number of stories: maximum two.
(f)
Lot area per dwelling unit: minimum 3,600 square
feet.
(g)
Floor area per dwelling unit:
[1]
One-bedroom unit: minimum 600 square feet.
[2]
Two-bedroom unit: minimum 800 square feet.
[3]
Three-bedroom unit: minimum 1,000 square feet.
(h)
Off-street parking: 1 1/2 spaces per unit. See also §
385-23 of this chapter.
(4) Zero lot line or common wall single-family units.
[Added by Ord. No. 2-01]
(a)
Lot frontage: minimum 50 feet each unit.
(b)
Lot area: minimum 6,000 square feet each unit.
(c)
Principal building:
[1]
Front yard: minimum 30 feet.
[2]
Side yards: zero feet on one side and a minimum
of 15 feet on the other side.
[3]
Rear yard: minimum 25 feet.
[Amended 9-3-2020 by Ord.
No. 2020-08]
[4]
Building height: maximum 35 feet.
(d)
Accessory building:
[1]
Front yard: minimum 30 feet.
[2]
Side yards: minimum five feet.
[3]
Rear yard: minimum five feet.
[4]
Building height: maximum 15 feet. Accessory
buildings shall not exceed 15 feet in height as measured to the peak
except in those cases where the existing home and at least two of
the abutting property homes are two stories in height or more. In
those cases the accessory building can be up to 25 feet in height.
The maximum area in those cases shall be the "footprint" of the building,
not the total floor area.
[5]
Floor area per dwelling unit: minimum 1,000
square feet.
[6]
Off-street parking: minimum two spaces per unit. (See also §
385-23 of this chapter.)
D. Zero lot line duplexes/common wall construction dwellings.
[Added by Ord. No. 2-01]
(1) The plans, specifications and construction of zero
lot line duplexes shall require that the installation and the construction
of sewer, water and other utility services be done in such a manner
as to provide separate systems to each dwelling unit.
(2) A minimum one-hour fire-rated wall shall separate
living areas from the lowest floor level, including the basement,
to the underside of the roof sheathing. Such basement wall, if any,
shall be masonry.
(3) When attached dwelling units are created, matters
of mutual concern to the adjacent property owners due to construction,
catastrophe and maintenance shall be guarded against by private covenant,
deed restrictions and the approving authority.
(4) Deed restrictions. Deed restrictions shall provide:
(a)
Each side of the building shall be constructed
at the same time and in such a way as to be harmonious with the other
side so that the overall effect is aesthetically pleasing.
(b)
Each side of the dwelling shall be provided
with a minimum of two trees and foundation planting covering 1/2 of
the street side of the unit. Lots shall be maintained equally with
respect to lawn care and pruning of shrubs and trees.
(c)
The dwelling shall be painted, stained or sided
one color scheme and any subsequent repainting, staining or siding
shall be one color scheme, or according to the plan established by
these covenants. The covenants shall describe exterior property maintenance
and what is or is not permitted.
(d)
These covenants shall further discuss the housing
of dogs, cats or other domesticated household pets.
(e)
Violation of these covenants shall be handled
by the signing parties.
(f)
Copies of the deed restrictions and private
covenants shall be placed on file in the Clerk-Treasurer's office
and recorded by the office of the Register of Deeds for Jefferson
County.
(g)
Changes to covenants or deed restrictions shall
require an amendment to the special use approval or conditional use
permit required by this chapter.
(h)
Each dwelling shall maintain a common wall which
shall be a minimum one-hour fire wall running from the lowest floor
level, including the basement, to the underside of the roof sheathing.
(i)
No fences shall be permitted along the zero
lot line in the front or rear yards.
[Added 7-2-2009 by Ord. No. 2009-09]
A. Intent. A Residential Overlay District allows consideration for higher
density development in existing older residential areas that have
large underutilized lots. The permitted and conditional uses of the
underlying zoning district (i.e., R-1, R-1A, etc.) remain the same.
The lot, yard, and building requirements of the subject parcel, however,
can be changed.
B. Lot, yard, and building requirements. Lots located within the Residential
Overlay District are subject to the following requirements:
(1)
Lot frontage at setback: 60 feet.
(2)
Lot area: minimum 7,500 square feet.
(3)
Principal building setbacks: front, 20 feet; side, total 15
feet, minimum five feet; rear yard, 20 feet.
(4)
Building height: 40 feet maximum.
(5)
Floor area: 800 square feet minimum.
[Added 7-2-2009 by Ord. No. 2009-09]
A. Intent. It is the intent of this section to provide a means to accommodate
a small home-based business without the necessity of a rezoning the
land area from an R-1, R1-A, or R-2 District to a commercial district.
Home occupations are economic activities permitted within any single-family
detached residence which comply with the following requirements. Examples
include the provision of personal and professional services. Once
a home occupation has been approved, it may not be expanded or enlarged.
B. Requirements. Any individual who desires to locate a home occupation within a dwelling located in one of the residential districts described in Subsection
A, shall make written application to the Plan Commission for approval thereof. Said application shall contain complete and accurate description of the proposed home occupation; and such additional information as the Zoning Administrator and/or the Plan Commission may require. In determining whether or not to approve any requested home occupation, the Plan Commission shall be guided by the following criteria:
(1)
The home occupation shall be conducted only within the enclosed
area of the dwelling unit or an attached garage.
(2)
There shall be no exterior alterations of the structure which
change the character thereof as a dwelling. There shall be no exterior
evidence of the home occupation other than those signs permitted in
the district.
(3)
No storage or display of materials, goods, supplies, or equipment
related to the operation of the home occupation shall be visible outside
any structures located on the premises.
(4)
No home occupation use shall create smoke, odor, glare, noise,
dust, vibration, fire hazard, small electrical interference or any
other nuisance not normally associated with the average residential
use in the district.
(5)
Only one sign may be used to indicate the type of home occupation.
Such sign shall not be illuminated and shall not exceed three square
feet.
(6)
The home occupation shall not involve the use of commercial
vehicles for more than occasional delivery of materials to or from
the premises.
(7)
Authorized home occupations are restricted to service-oriented
businesses and the mass production of items or products or the sale
of items or products on the premises is prohibited. Examples of service-oriented
businesses include, but are not limited to, computer programming,
accounting, law, insurance agencies and computer-based consulting
and clerical services.
(8)
Authorized home occupations shall not occupy more than 30% of
the floor area of the dwelling in question.
(9)
Persons employed in home occupations shall be limited to the
resident, immediate family members, and no more than one nonresident
employee.
(10)
Under no circumstances shall a motor vehicle repair or body
work business qualify as an authorized home occupation.
(11)
No animals shall be involved in any authorized home occupation.
(12)
Home day care is an authorized home occupation so long as it
does not involve more than seven children or require state licensing.
C. Conditional uses. Any proposed home occupation which does not satisfy the criteria established in Subsection
B above may be authorized by the Plan Commission as a conditional use, subject to the requirements of §
385-21 and the following:
(1)
The extent of the equipment or machinery used in the home occupation
may be restricted by the Plan Commission.
(2)
Sale or transfer of the subject property or the expansion of
the approved home occupation shall cause the conditional use permit
to terminate.
The C-1 District is intended to provide an area
for the business and commercial needs of the City.
A. Permitted uses.
(2) General business and commercial uses which do not
generate noise, smoke or odors that would create a public or private
nuisance. These uses generally include the following:
[Amended 10-17-2019 by Ord. No. 2019-08]
(a)
Banks, commercial or professional offices and
telephone offices.
(c)
Places of amusement and theaters.
(d)
Personal service, automobile service, and equipment
service establishments.
(g)
Warehousing of 5,000 square feet or less, when an area equal
to, or greater than, the same area on the same parcel is used as non-warehousing
commercial use.
(h)
Uses customarily incident to any of the above
uses.
B. Conditional uses.
(1) Any other uses similar in character with the permitted
uses and the manufacture or treatment of products clearly incidental
to the conduct of a retail business on the premises.
(2) Apartments. See Subsection
C below.
C. Uses permitted in the C-1 District are subject to
the following conditions:
(1) Dwelling units are not permitted below the second
floor without a conditional use permit and business uses are not permitted
on any floor above the ground floor, except in those buildings or
structures where dwelling units are not established.
[Amended by Ord. No. 02-3]
(2) All business establishments shall be retail or service
establishments dealing directly with consumers. All goods produced
on the premises shall be sold at retail on the premises where produced.
(3) All business, servicing or processing, except for
off-street parking or loading, shall be conducted within completely
enclosed buildings.
D. Development standards. Within the C-1 District, there shall be no minimum required standards or setbacks in order to provide flexibility in the redevelopment of the downtown area. However, new buildings shall be subject to the off-street parking and loading requirements of §
385-23 of this chapter.
The C-2 District is established to provide for
the establishment of principally motor vehicle-oriented or dependent
commercial activities in nonresidential settings. Lot dimensional
requirements are established to provide for the orderly grouping of
commercial uses and for adequate off-street parking.
A. Permitted uses.
(1) Automotive sales, servicing and repairs.
(2) Cleaning, dyeing and pressing establishments.
(3) Department stores and discount stores.
(5) Drive-in establishments serving food or beverages.
(7) Gasoline and service stations, provided that all gas
pumps are not less than 30 feet from any existing or proposed street
line.
(9) Lumber and contractor's yards.
(11)
Plumbing and heating shops.
(12)
Printing and related trades.
(13)
Recreational and entertainment establishments.
B. Conditional uses.
(1) Farm machinery and equipment sales, repair and storage.
(3) Other uses similar in character to the permitted uses,
giving due consideration to such items as noise, odor, pollution,
traffic and parking, safety, hours and type of operation.
(4) Packaging and packing of cheese.
C. Lot, yard and building requirements.
(1) Lot frontage: minimum 100 feet.
(2) Lot area: minimum 20,000 square feet.
(3) Front yard: minimum 25 feet; 50 feet if parking is
permitted.
(4) Side yards: minimum 20 feet.
(5) Rear yard: minimum 20 feet.
(6) Building height: maximum 35 feet.
(7) Number of stories: maximum 2 1/2 feet.
D. Off-street parking and loading requirements. See §
385-23 of this chapter.
The M-1 District is intended to provide for
manufacturing or industrial operation which, on the basis of actual
physical and operational characteristics, would not be detrimental
to the surrounding area or to the City as a whole by reason of noise,
dirt, dust, smoke, odor, traffic, physical appearance or other similar
factors, and subject to such regulatory controls as will reasonably
ensure compatibility in this respect. Outdoor storage of raw materials
or finished products is not allowed.
A. Permitted uses.
(1) Automotive repair, service and storage of automobile
accessories, except the wrecking of motor vehicles.
(2) Blacksmithing, tinsmithing and sheet metal work.
(5) Knitting mills and the manufacture of products from
finished fabrics.
(6) Manufacture, fabrication, packing and packaging and
assembly of products from furs, glass, leather (but not tanning of
hides or manufacture of leather), metals, paper (but not the manufacture
of paper or pulp), plaster, plastic (but not the manufacture of plastic),
textiles and wood (but not the manufacture of paper or pulp).
(7) Manufacture, fabrication, processing, packaging and
packing of confections, cosmetics, electrical appliances, electronic
devices and food (except meat and meat products, fish and fish products,
cabbage products or the vining of peas).
(8) Manufacture of furniture, home supplies and appliances,
instruments, jewelry, office supplies, pharmaceuticals, sporting goods,
tobacco products and toiletries.
B. Conditional uses.
(1) Storage and warehousing of fuel and materials, but
not the storage of wrecked or dismantled vehicles and junk or the
storage of explosives.
(2) Other uses similar in character to the permitted uses,
giving due consideration to such items as noise, odor, pollution,
traffic and parking, safety, hours and type of operation.
C. Lot, yard and building requirements.
(1) Lot frontage: minimum 100 feet.
(2) Lot area: minimum one acre.
(3) Front yard: minimum 40 feet.
(4) Side yards:
(a)
Principal building: minimum 20 feet.
(b)
Accessory building: minimum five feet.
(5) Rear yard: minimum 25 feet.
(6) Building height: maximum 35 feet.
D. Off-street parking and loading requirements. See §
385-23 of this chapter.
E. Performance standards. See §
385-24 of this chapter.
By virtue of its location and because of the
present character and extent of its development within the area, the
M-2 District is established.
A. Permitted uses. Any manufacturing or storage use, except for uses listed in Subsection
B below.
B. Conditional uses.
(1) Abattoirs, except for the slaughter of poultry.
(3) Cement, lime, gypsum or plaster of paris manufacture.
(5) Explosives, manufacture or storage.
(8) Garbage, offal or dead animal reduction or dumping.
(12)
Smelting of tin, copper, zinc or iron ores.
(14)
Wireless communications towers and antennas in accordance with §
385-29.
[Added 3-15-2007 by Ord. No. 2007-05]
C. Lot, yard and building requirements.
(1) Lot frontage: minimum 150 feet.
(2) Lot area: minimum two acres.
(3) Front yard: minimum 65 feet.
(4) Side yards:
(a)
Principal building: minimum 30 feet.
(b)
Accessory building: minimum five feet.
(5) Rear yard: minimum 40 feet.
(6) Building height: maximum 45 feet.
D. Off-street parking and loading requirements. See §
385-23 of this chapter.
E. Performance standards. See §
385-24 of this chapter.
[Amended 7-2-2009 by Ord. No. 2009-09]
A. Purpose; general description.
(1) The Planned Development District provides a regulatory framework
to encourage improved environmental design by allowing flexibility
in the development of land while ensuring compliance with the basic
intent of the Zoning Code and with the City's Comprehensive Plan.
The Planned Development District has no set standards and specifications.
A developer may propose uses or combinations of uses and configurations
of intensity and density of development. Through a process of Plan
Commission review, public hearing and Common Council review and approval,
accompanied by discussions with the developer and, as appropriate,
with other interested parties, an agreement may be reached between
the property owner and the City. The terms of the agreement constitute
the zoning requirements for the property. These requirements have
the same legal force and effect as do standard zoning requirements.
(2) As a general rule, the project size should be at least 96,000 square
feet to achieve the community benefits of PDD zoning. Projects encompassing
less than 96,000 square feet are presumptively too small, but may
still be submitted and considered.
B. Criteria for approval. As a basis for determining the acceptability
of a Planned Development District, the following criteria shall be
applied to the general implementation plan, with specific consideration
as to whether or not it is consistent with the general purpose and
intent of the City's Zoning Code and Comprehensive Plan, whether it
has been prepared with competent professional expertise and guidance,
and whether it produces significant community benefits of an environmental
design nature or otherwise that compensate for modifications in normal
zoning requirements, to wit:
(1) Character and intensity of land use. The uses proposed and their
intensity and arrangement on the site shall:
(a)
Respect the physical attributes of the site, with particular
concern for preservation of natural features, tree growth and open
space;
(b)
Produce an attractive environment of sustained aesthetic and
ecological desirability, economic stability and functional practicality
compatible with development prospects for the area;
(c)
Not adversely affect the anticipated provision of school or
municipal services; and
(d)
Not create a traffic or parking demand incompatible with the
existing or proposed facilities to serve it.
(2) Economic feasibility and impact. The proponents of a Planned Development
District shall provide evidence satisfactory to the Plan Commission
and the Common Council that the project will not adversely affect
the economic prosperity of the City or the values of surrounding properties.
(3) Engineering design standards. Streets and other ways, outdoor lighting,
provision for stormwater drainage, sanitary sewer service, water supply,
or other similar environmental and municipal engineering considerations
shall be based on appropriate standards necessary to implement the
specific function and the specific situation; provided, however, that
in no case shall standards be less than those necessary to promote
the public health, safety and welfare as determined by the City.
(4) Preservation and maintenance of open space in a planned development
district. Provision shall be made for the preservation and maintenance
of open spaces either by public reservation or dedication to public
entities or commitment to preservation by a private entity. PDD contracts
shall contain specific reference to the ownership of such open space
areas and to provision for maintenance.
C. Procedure: general implementation plan.
(1) The procedure for rezoning to a Planned Development District shall
be as required for any other zoning district change under this Code.
In addition thereto, the applicant shall submit to the Zoning Administrator
the following information describing a general implementation plan,
to wit:
(a)
A map of the project area, including its relationship to surrounding
properties and topography and other key features.
(b)
A statement of rationale as to why Planned Development District
zoning is proposed. This shall identify barriers that the developer
perceives in the form of requirements of standard zoning districts
and opportunities for community betterment the developer suggests
are available through the proposed Planned Development District zoning.
(c)
A brief analysis of social and economic impacts on the community
of the proposed project, and positive relationships to the Comprehensive
Plan.
(d)
A general site development plan of the proposed project showing
at least the following information in sufficient detail to make possible
evaluation against criteria for approval:
[1]
Public and private roads, driveways and parking facilities.
[2]
Land uses and size, arrangement and location of lots and proposed
buildings or groups of buildings.
[3]
The types, size and location of structures.
[5]
The location of recreational and open space areas and facilities
and specifically describing those that are to be reserved or dedicated
for public acquisition and use.
[6]
General landscape treatment plan.
[7]
Statistical data on size of the development, density/intensity
of various parts of the development, ratio of various land uses, economic
analysis of the development, expected staging, and any other plans
or data required by the Plan Commission or Common Council.
(e)
General outline of the intended organization structure for a
property owners' association, if any; deed restrictions and provisions
for private provision of common services, if any.
(f)
A statement demonstrating how the criteria described in Subsection
B are satisfied by the submittal.
D. Plan Commission review of general implementation plan.
(1) Following submission of an application including all of the information required under Subsections
B and
C and the payment of the required fees, the matter shall be placed on a Plan Commission agenda for concept review. Initial review is review of the project at the concept level and is not binding. The preferred procedure is for one or more iterations of Plan Commission initial review to occur prior to introduction of a formal petition for rezoning. The applicant may seek to accelerate review by introducing the rezoning petition prior to Plan Commission initial review. Whenever the required petition is introduced, the normal rezoning procedure occurs, including notice and hearing before the Plan Commission. The issues that are the subject of this public hearing are the rezoning request and the general implementation plan.
(2) If the Plan Commission determines more information is needed in order
to adequately evaluate the application, it shall notify the applicant
of the additional information required and may defer consideration
of the application until such information has been provided. If the
Plan Commission determines that it requires the assistance of one
or more independent consultants, such as an engineer, hydrologist,
soils scientist, or land use planner, in order to adequately evaluate
the application, it shall notify the applicant of such determination
and may require the applicant to make a cash deposit with the City
Clerk or fund the City's hiring of the consultant(s); and may defer
consideration of the application until the consultant(s) has (have)
been retained and provided the City with the assistance required to
adequately evaluate the application.
(3) Once the application has been submitted and the Plan Commission completes
its conceptual review, and provided a petition for rezoning to a PDD
has been filed, together with all other information required hereunder,
the Plan Commission shall hold a public hearing thereon in accordance
with the provisions of this Code.
(4) Following the required public hearing before the Plan Commission,
the Plan Commission shall meet to make a determination and recommendation
whether to advise the Common Council to approve the rezoning and the
general implementation plan, to approve it with modifications, or
deny it.
(5) The Plan Commission's reports and recommendations shall be made in
a written report to the Common Council. A complete set of maps, plans
and written documentation fully describing the proposed development
as recommended by the Plan Commission at a general implementation
plan level shall accompany the report of the Plan Commission. In a
situation in which the applicant disagrees with certain recommendations
of the Plan Commission and is urging the Common Council to approve
with modifications, the applicant must supply documentation of those
modifications to the Council prior to the matter being placed on the
agenda of the Common Council.
E. Common Council action on general implementation plan. Following receipt of the Plan Commission: recommendations as provided for in Subsection
D(5) above, the Common Council may either accept the recommendation, reject the recommendation or conditionally accept the recommendation. If the recommendation is accepted or accepted with conditions, the Common Council shall enact a Planning Development District Ordinance relating to the subject property, containing such terms and conditions as it deems appropriate.
F. Owner's consent following Common Council approval. If the Planned
Development District Ordinance as adopted by the Common Council provides
explicitly, the area of the PDD may be segmented for purposes of development.
Unless segmented, the owners of record of all included parcels must
consent in writing within a single thirty-day period following Common
Council adoption in order for the PDD rezoning to take effect. If
segmented, the written consent rule applies separately to each segment.
Consent shall be binding upon future owners of the parcels in question,
and such consents may not be conditioned or revocable by owners.
G. Filing of general implementation plan; effective date. When all of
the consent signatures for lands in the parcel being rezoned have
been filed with the Zoning Administrator, the documentation on Plan
Commission and Common Council action and on the general implementation
plan and the consent signatures shall be logged in and filed by the
City, and the property shall be indicated as rezoned on City Zoning
Maps. The indication shall be "PDD-GIP." The City shall record at
the Jefferson County Register of Deeds Office an affidavit of notice
of PDD zoning against all real property included in the district.
The date of recording of the affidavit is the effective date of the
PDD-GIP zoning. The City shall require the applicant to supply necessary
property descriptions and to pay recording fees.
H. Effect of PDD-GIP zoning.
(1) Building permits. The approval of a general implementation plan shall not authorize issuance of building permits. The permits may not be issued until approval by the City of the specific implementation plan pursuant to Subsection
I below.
(2) Temporary classification. The PDD-GIP zoning is a temporary zoning
classification that will expire and be of no further force or effect,
following the expiration of one year after the date of the recording
of the affidavit described above, unless the applicant has submitted
and obtained Common Council approval of the specific implementation
plan described below. The Plan Commission may grant extensions to
the one-year period for good cause shown; and all such approval extensions
shall be recorded in the City file on the PDD district. If a specific
implementation plan is not timely filed as required, the PDD-GIP zoning
expires and the immediately preceding zoning classification shall
become effective.
I. Procedure: specific implementation plan.
(1) Filing. After the effective date of the rezoning to PDD-GIP, the
applicant may file a specific implementation plan with the Plan Commission.
(a)
The specific implementation plan shall contain graphic and tabular
presentations at a level of detail equivalent to the level of detail
of a final plat. Accompanying test information shall describe in detail
the development plans, methodologies and time tables for the area
covered by the specific implementation plan.
(b)
The area included in a specific implementation plan may be only
a portion of the area included in a previously approved general implementation
plan.
(c)
The specific implementation plan submission shall include site
plan and design information, allowing the Plan Commission to combine
design review and review of the specific implementation plan. Design
review may, at the choice of the applicant, be deferred until a later
time when specific site and building developments will be brought
forth.
(d)
As part of submission for specific implementation plan approval,
the applicant shall submit proof of financing capability pertaining
to construction and maintenance and operation of public works elements
of the proposed development.
(e)
The Plan Commission or Common Council may specify other plans,
documents or schedules that must be submitted prior to consideration
or approval of the specific implementation plan, as such may be relevant
to review procedures and standards.
J. Plan Commission review of specific implementation plan.
(1) When the specific implementation plan submission is deemed by the
Zoning Administrator to be complete, the matter shall be placed upon
the agenda of the Plan Commission for review, consideration and approval
or rejection. No public hearing is required at this stage, but one
or more public hearings or informational meetings may be provided
optionally, at the discretion of the Plan Commission.
(2) The specific implementation plan submission shall be reviewed by the Plan Commission against the standards of this §
385-17, the Comprehensive Plan and the previously approved general implementation plan. In order to approve a specific implementation plan, the Plan Commission must determine that the specific implementation plan is reasonably consistent with the previously approved general implementation plan.
(3) If the Plan Commission recommends approval of a specific implementation
plan, complete documentation describing the plan, and any contracts
that the Plan Commission deems necessary for the implementation of
the plan, shall be prepared, reviewed by the Zoning Administrator
and, when found to be complete, the Zoning Administrator shall place
the plan on the agenda of the Common Council.
K. Common Council review of specific implementation plan. The Common
Council shall consider and act on the specific implementation plan
after reviewing the recommendations of the Plan Commission on same.
The Common Council shall approve a specific implementation plan that
is reasonably consistent with the previously approved implementation
plan.
L. Filing of specific implementation plan; effective date. The provisions of Subsection
G shall apply to the processing of and consent signatures for a specific implementation plan following approval by the Common Council. Signatures are required by property owners only in the area affected by the specific implementation plan. The Zoning Administrator shall record an affidavit of zoning status fully approved by the Common Council. The recording of the affidavit shall constitute a PDD-SIP zoning of the property in operation; which is effective as of the date of recording of the affidavit.
M. Effect of SIP approval; alterations. The recording of the affidavit under Subsection
L above will entitle the applicant to receive the issuance of building and other land use permits to carry out development activities consistent with that approved plan, subject to all applicable provisions of this Code.
(1) Any subsequent change of use of any parcel or any modification of
the specific implementation plan shall first be submitted for approval
to the Plan Commission. If the Plan Commission determines that such
change or modification constitutes a substantial alteration of the
specific implementation plan, the specific implementation plan shall
be required to be amended through the same procedures used to approve,
file and record the specific implementation plan. If the Plan Commission
determines that such changes or modification does not constitute a
substantial alteration of the specific implementation plan, the change
may be accomplished by approval of the Plan Commission. Such approved
modifications shall be documented and recorded in the official file
of the City on the PDD district.
(2) The PDD-SIP zoning will expire one year after the recording of the affidavit described in Subsection
L unless there has been substantial development of the real estate described in the approval specific implementation plan. Substantial development includes, but is not limited to, the recording of approval land divisions, the construction of public infrastructure, and site grading of the subdivided lands. If no such substantial development has occurred, the zoning of the lands expires and reverts to the zoning classification immediately prior to the PDD-GIP district.
The A Agricultural District provides exclusively
for agricultural uses. The intent is to help conserve good farming
areas and prevent uncontrolled, uneconomical spread of residential
development which results in excessive costs to the community for
premature provision of essential public improvements and services.
A. Permitted uses.
(1) Churches, schools, parks and municipal buildings.
(3) In-season roadside stands for the sale of farm products
produced on the premises.
(4) Water storage and sewage disposal plants and power
stations, when surrounded by an eight-foot or more woven fence.
(5) Nurseries, greenhouses and other agricultural uses.
(6) Uses customarily incident to any of the above uses,
including residential uses incident to any of the above uses.
B. Conditional uses. See also §
385-21 of this chapter.
(3) Farm
machinery repair businesses including welding and metal fabrication
not exclusive to farming or agricultural implements.
[Added 10-7-2021 by Ord. No. 2021-08]
C. Lot, yard and building requirements.
(1) Lot frontage: minimum 200 feet.
(2) Lot area: minimum five acres.
(3) Residence:
(a)
Yard and building requirements: same as R-1
District.
(4) Farm buildings:
(a)
Front yard: minimum 300 feet.
(b)
Side yards: minimum 300 feet.
(c)
Rear yard: minimum 300 feet.
(d)
Building height: maximum 50 feet.
D. Off-street parking and loading. (See §
385-23.)
[Amended 3-15-2007 by Ord. No. 2007-05]
The CON District is intended to preserve scenic
and natural areas in the City and to prevent uncontrolled, uneconomical
spread of residential development and to help discourage intensive
development of marginal lands so as to prevent potential hazards to
public and private property.
A. Permitted uses.
[Amended 7-2-2009 by Ord. No. 2009-09]
(1) Public parks and playgrounds.
(2) Management of forestry, wildlife and fish.
(3) Harvesting of wild crops such as marsh hay, ferns,
moss, berries, tree fruits and tree seeds.
(5) Bike and pedestrian paths.
(6) Uses customarily incident to any of the above uses.
(7) Upon written permission from the Council, based on
the purposes of this chapter and on the recommendation of the Plan
Commission following a public hearing, sewage disposal plants and
water pumping or storage facilities, amusement parks, golf courses
and driving ranges, and public camping grounds.
B. Lot, yard and building requirements. None.
See Chapter
375, Floodplain Zoning, of this Code.
This chapter permits specific uses in specific
districts and these performance standards are designed to limit, restrict
and prohibit the effects of those uses outside their premises or district.
No structure, land or water shall hereafter be used except in compliance
with the district regulations and with the following performance standards.
A. Air pollution. No activity shall emit any fly ash,
dust, fumes, vapors, mists or gases in such quantities as to cause
soiling or danger to the health of persons, animals, vegetation or
property. No activity shall emit any liquid or solid particles in
concentrations exceeding 0.3 grain per cubic foot of the conveying
gas, nor any color visible smoke equal to or darker than No. 2 on
the Ringlemann Chart described in the United States Bureau of Mines
Information Circular 7718 in the industrial districts.
B. Fire and explosive hazards. All activities involving
the manufacturing, utilization, processing or storage of inflammable
and explosive materials shall be provided with adequate safety devices
against the hazard of fire and explosion and with adequate fire-fighting
and fire-suppression equipment and devices that are standard in the
industry. All materials that range from active to intense burning
shall be manufactured, utilized, processed and stored only in completely
enclosed buildings which have incombustible exterior walls and an
automatic fire-extinguishing system.
C. Glare and heat. No unsanctioned activity shall emit
glare or heat that is visible or measurable outside its premises,
except activities in the industrial districts which may emit direct
or sky-reflected glare which shall not be visible outside their district.
All operations producing intense glare or heat shall be conducted
within a completely enclosed building. Exposed sources of light shall
be shielded so as not to be visible outside their premises.
D. Liquid or solid wastes. No activity shall discharge
at any point onto any land or into any water or public sewer any materials
of such nature, quantity, noxiousness, toxicity or temperature which
can contaminate, pollute or harm the quantity or quality of any water
supply; can cause the emission of dangerous or offensive elements;
can overload the existing municipal utilities; or can injure or damage
persons or property.
E. Noise and vibration. There shall be no noise or vibration
over 70 decibels emanating from any unsanctioned activities beyond
the boundaries of the immediate site determined to be a nuisance by
the Building Inspector. Sirens, whistles and bells which are maintained
and utilized solely to serve a public purpose are exempt from the
sound level standards of this section.
F. Odors. No activity shall emit any odorous matter of
such nature or quantity as to be offensive, obnoxious or unhealthful
outside its premises.
G. Radioactivity and electrical disturbances. No activity
shall emit radioactivity or electrical disturbances outside its premises
that are dangerous or adversely affect the use of neighboring premises.
[Amended Ord. No. 96-6; Ord. No. 98-1; 7-21-2003 by Ord. No. 2003-4; 11-4-2004 by Ord. No.
2004-4; 11-17-2005 by Ord. No. 2005-4; 4-20-2006 by Ord. No.
2006-04; 12-5-2013 by Ord. No. 2013-06; 2-1-2024 by Ord. No. 2024-02]
A. Permit required. No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit, except those signs excepted in Subsection
C below, and without being in conformity with the provisions of this chapter. The sign shall also meet all the structural requirements of the State Building Code. Sign permits meeting all state and local requirements may be issued by the Clerk-Treasurer. The Clerk-Treasurer may refer approval of any sign permit to the Council and the Council may issue or refuse the permit.
B. Application; fee. An application for a sign permit
shall be filed with the Zoning Administrator on a form provided by
the Clerk-Treasurer. A permit fee as stated in the City of Waterloo
Fee Schedule shall accompany the application.
C. Signs excepted. All signs are prohibited in the residential,
conservancy and agricultural districts, except the following:
(1) Signs over show windows or doors of a nonconforming
business establishment announcing, without display or elaboration,
only the name and occupation of the proprietor, and not to exceed
two feet in height and 10 feet in length.
(2) Real estate signs not to exceed eight square feet
in area which advertise the sale, rental or lease of the premises
upon which said signs are temporarily located.
(3) Name, occupation and warning signs located on the
premises not to exceed 576 square inches, which is the equivalent
of four square feet.
(4) Bulletin boards for public, charitable or religious
institutions not to exceed eight square feet in area located on the
premises.
(5) Memorial signs, tablets, names of buildings and date
of erection when cut into any masonry surface or when constructed
of metal and affixed flat against a structure.
(6) Official signs such as traffic control, parking restrictions,
information and notices.
(7) Temporary signs or banners when authorized by the
Council.
(8) Directional signs hung from City-owned poles meeting
all requirements of the City Directional Sign Policy as approved by
the Council and signed by the Mayor.
(9) Residential development signs, up to 64 square feet, advertising
the sale of lots in a subdivision.
(10)
Temporary political signs do not require a permit. Such signs
are subject to the restrictions pertaining to safety of persons and
property, with the consent of the property owner or person entitled
to possession of the property. No political sign may be more than
64 square feet, and the total area of all political signs per lot
shall not exceed 32 square feet. All signs shall be removed in accordance
with state law.
D. Signs permitted. Signs are permitted in all commercial
and industrial districts, subject to the following restrictions:
(1) Overhanging signs in commercial districts. An overhanging
sign or sign projecting from a building shall not overhang or project
into or over any sidewalk, alley or street of the City more than six
feet from the building to which it is attached and shall not be less
than 10 feet above the mean center-line street grade and less than
15 feet above a driveway or alley. All guides and stays shall be rods
or chains and shall be firmly fastened.
(2) Signs not to constitute a public hazard. No sign shall
be erected at any location where it may, by reason of its position,
shape, color or other characteristics, interfere with, obstruct the
view of, or be confused with any authorized traffic sign, traffic
signal or other traffic device, nor shall any sign make use of the
word "stop," "look," "danger," or any other word which could be mistaken
for an official sign.
(3) Illuminated sign. No sign shall be illuminated by
intermittent, rotating or flashing lights.
(4) Ground signs. Ground signs shall be considered buildings and must observe all applicable setback lines and height restrictions, except that the setback from the street can be a minimum of 12 feet from the edge of the right-of-way and the location of the sign shall comply with the vision clearance set forth in §
385-3G of this chapter. Except as hereafter authorized, no ground signs advertising a business located off the premises where such sign is located, other than directional signs, shall be permitted. Such directional signs shall not exceed 100 square feet on one face and 200 square feet on all faces and shall not exceed 20 feet in height.
(5) Vacant lot maintenance. Vacant lots upon which advertising
signs now exist or which are erected pursuant to this section shall
be maintained in an orderly fashion by the frequent and periodic removal
of rubbish and maintenance of any verdure growing on the lot.
(6) Removal of signs at termination of business. At the
termination of a business, commercial or industrial enterprise, all
signs shall forthwith be removed from the public view. Responsibility
for violation shall reside with the property owner according to the
latest official tax roll listings.
(7) Shopping center and industrial park sign restrictions.
In a shopping center or industrial park, one freestanding identification
sign for each street upon which the development fronts may be permitted
showing the name of said center or park and represented business or
industries. The area of said sign shall not exceed 100 square feet
on one side and 200 square feet on both sides. When multiple independent
businesses share the same building or site, each additional business
beyond the initial business is permitted 100 square feet of signage
in addition to the maximum 200 square feet. This additional signage
can be used on the building or a freestanding sign. (Example: A shopping
center with three stores would be permitted 400 square feet of signage.)
Each center or cluster of uses is permitted one freestanding sign.
No signs are permitted within 20 feet of the right-of-way line of
the street.
(8) Total surface display area restrictions. The total
surface display area of business or industrial signs on the front
facade of a building shall not exceed in square feet two times the
number of linear feet of width of the building frontage. In the case
of a building located on a corner lot, such square foot display area
on the side facing the secondary street may be increased by 1.0 times
the number of linear feet of the length of the building which faces
the secondary street. Said increased permitted display area shall
be used only for the erection of a permitted sign on the length of
the building which faces the secondary street. Where the premises
abut a parking lot, the total display area may be increased by 0.5
times the number of linear feet of the width or length of the building
frontage on such parking lot. Such increased display area shall only
be utilized by the erection of a permitted sign on that part of the
building which abuts said parking lot. In no case shall the wall area
usable for sign display be in excess of 200 square feet, and in no
case shall more than one of the above-mentioned criteria be used to
calculate allowable sign area on any one building facade.
(9) Projection of signs in industrial districts mounted
on buildings restricted. Industrial signs mounted on buildings shall
not be permitted to project more than six inches beyond the building
line.
(10)
Number of signs permitted. Multiple signs shall
be permitted; however, the combination of the multiple signs, including
any advertisement permanently fastened to show windows or display
cases, and including lettering on canopies, shall not exceed 200 square
feet.
(11)
Directional ground signs. Necessary directional
ground signs which shall not exceed four square feet in area shall
be permitted. Permission to erect such signs must be obtained from
the Building Inspector.
(12)
Lighting. Business and industrial signs may
be internally lighted or illuminated by a hooded reflector; provided,
however, that such lighting shall be arranged to prevent glare, and
no sign shall be lighted by a lighting of intermittent or varying
intensity. Animated signs, or signs having moving parts, or signs
which may be mistaken for traffic signal devices or which diminish
the visibility or effectiveness of such traffic signal devices, are
prohibited.
(13)
Signs causing obstruction prohibited. Any sign
so erected, constructed or maintained as to obstruct or be attached
to any fire escape, window, door or opening used as means of ingress
or egress, or for fire-fighting purposes, or placed so as to interfere
with any opening required for legal ventilation, is prohibited.
(14)
Signs at intersection prohibited. No sign or
advertising device shall be erected or maintained at the intersection
of streets in such a manner as to obstruct clear vision of the intersection.
(15)
Subdivision sign maintenance. Subdivision signs
which are erected pursuant to this section shall be maintained in
an orderly fashion by the frequent periodic removal of rubbish and
maintenance of any verdure growing on the lot.
(16)
Directional signs hung from City-owned poles
must meet all requirements of the City Directional Sign Policy as
approved by the Council and signed by the Mayor.
E. Existing signs. A sign lawfully existing at the time of the adoption or amendment of this chapter may be continued, although the use, size or location does not conform to the provisions of this section. However, it shall be deemed a nonconforming use of the structure and the provisions of §
385-5 of this chapter shall apply. See also Subsection
D(6) above.
F. Awnings
permitted. Awnings are permitted in all commercial and industrial
districts, subject to the following restrictions:
(1) Awnings
shall not extend at any point less than seven feet above any sidewalk,
street, or alley.
(2) Awnings
shall not project more than 36 inches out from the building upon which
they are attached.
(3) Materials.
Awnings shall be constructed of weather-resistant material and shall
not be reflective.
No building or structure, or any part thereof, shall hereafter be built within the City unless a permit therefor shall first be obtained by the owner or his agent from the Building Inspector. No construction shall be commenced prior to the issuance of such permit. Commencement of construction shall include such acts as beginning excavation or constructing forms for cement work. See Chapter
140, Building Construction, of this Code. The Building Inspector may grant variances from the terms of this chapter in those cases where a setback, side yard or rear yard variance would clearly be consistent with those existing in the neighborhood. Where an existing older residence constructed before October 22, 1987, is being rebuilt after a fire or is being converted to a duplex and lacks the minimum square feet of living area and land area required in the zoning district as prescribed in this chapter, the Council may grant a special exception waiving the requirements for a certain minimum square feet of floor space or land area so as to allow such reconstruction or conversion; provided, however, that granting of such special exception will not be contrary to the public interest.
[Added by Ord. No. 01-04]
A. Definitions. The terms used herein shall be defined
as follows:
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic magnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers or the public switch telephone network.
COLLOCATION
The provision of multiple antennas or more than one commercial
wireless communications service provider or government entity on a
single tower or structure.
FAA
Federal Aviation Administration.
FCC
Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance
measured from the grade to the highest point on the tower or other
structure, including the base pad.
PERSONAL COMMUNICATIONS SERVICE (PCS)
A provider of personal wireless service as defined in Section
704 of the Telecommunications Act of 1996, 47 U.S.C. § 332,
and as the same may be amended from time to time.
PREEXISTING TOWER/ANTENNA
Any tower or antenna for which a building permit or conditional
use permit has been properly issued prior to the effective date of
this section.
TOWER
Any structure that is designed and constructed for the purpose
of supporting one or more antennas for telephone, radio and similar
communication purposes, including self-supporting lattice towers,
microwave towers, common-carrier towers, cellular telephone towers,
alternative tower structures and the like. The term includes the structure
and any support thereto.
B. Standards and exceptions.
(1) Applicability.
(a)
New towers and antennas. All towers or antennas
constructed after passage of this section shall be subject to all
applicable standards of this section.
(b)
Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of Subsection
B(2) below. Any such towers or antennas shall be referred to hereinafter as "preexisting towers" or "preexisting antennas."
(c)
Amateur radio and receive-only antennas. This
section shall not apply to any tower, or the installation of any antenna,
that is under 70 feet in height and is owned by a federally licensed
amateur radio station operator or is used exclusively for a receive-only
antenna.
(2) General requirements.
(a)
Building codes; safety standards. To ensure
the structural integrity of towers, the owner of a tower shall ensure
that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Building Inspector concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of a tower, the owner shall immediately bring such tower
into compliance with such standards. Failure to bring such tower immediately
into compliance shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(b)
State or federal requirements All towers shall
meet or exceed standards and regulations of the FCC, the FAA, and
any other agency of the state or federal government with the authority
to regulate towers and antennas.
(c)
Collocation.
[1]
Any proposed telecommunication tower and tower
site shall be designed in all respect so as to accommodate collocation
of the applicant's antennas and at least four additional users. Towers
and tower sites shall be designed to allow for future rearrangement
of antennas upon the tower, to accept antennas mounted at varying
heights, and to accommodate supporting buildings and equipment.
[2]
The holder of a permit for a tower shall allow
collocation for at least two additional users and shall not make access
to the tower and tower site for an additional use economically unfeasible.
If an additional user demonstrates (through an independent arbitrator
or other permitted means) that the holder of a tower permit has made
access to such tower and tower site economically unfeasible, then
the permit shall become null and void.
(d)
Antenna height. Antenna height shall not be
restricted, provided that such device is installed and maintained
in accordance with applicable state and local building codes and in
compliance with current standards of the FAA, FCC and any other agency
of the state or federal government with the authority to regulate
antennas.
(e)
Tower height: 200 feet maximum including the
antennas.
(f)
Separation between towers. Separation distances
between towers shall be applicable for a proposed tower and any preexisting
towers. The separation distance shall be measured by a straight line
between the base of an existing tower and the base of a proposed tower.
|
New Tower Type
|
Existing Tower Type
|
---|
|
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less than 75 Feet in Height
|
---|
|
Lattice
|
5,000 feet
|
5,000 feet
|
1,500 feet
|
750 feet
|
|
Guyed
|
5,000 feet
|
5,000 feet
|
1,500 feet
|
750 feet
|
|
Monopole less than 75 feet in height
|
1,500 feet
|
1,500 feet
|
1,500 feet
|
750 feet
|
|
Monopole greater than 75 feet in height
|
750 feet
|
750 feet
|
750 feet
|
750 feet
|
(g)
Availability of suitable existing towers, other
structures or alternative technology. No new tower shall be permitted
unless the applicant demonstrates that no existing tower, structure
or alternative technology that does not require the use of towers
or structures can accommodate the applicant's proposed antenna. Evidence
submitted to determine that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna may consist
of any of the following:
[1]
No existing towers or structures are located
within the geographic area which meets the applicant's engineering
requirements.
[2]
Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient
structural strength to support the applicant's proposed antenna and
related equipment.
[4]
The proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the proposed antenna.
[5]
The fees, costs or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
[7]
The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,
such as a cable microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(h)
Aesthetics.
[1]
Towers shall maintain either a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a light gray so as to reduce visual obtrusiveness and blend into the
natural setting and built environment.
[2]
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening, and landscaping that will blend the tower
facilities to the natural setting and built environment.
[3]
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(i)
Lighting. Towers shall not be artificially illuminated
unless required by the FAA or any other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
(j)
Fencing. A tower shall be enclosed by security
fencing not less than eight feet in height and secured so that it
is not accessible by the general public. Fence design, materials and
colors shall reflect the character of the surrounding area.
(k)
Landscaping. A buffer of plant materials to
effectively screen the tower compound from public view and from adjacent
properties shall be provided. The minimum buffer shall consist of
a landscape strip of at least five feet in width outside the perimeter
of the tower compound. Existing mature tree growth and natural landforms
shall be preserved to the maximum extent possible. In some cases,
such as towers placed on large, wooded lots, natural growth around
the property perimeter may be a sufficient buffer.
(l)
Accessory equipment and building. The equipment
cabinet or structure used in association with an antenna shall be
suited in accordance with the development standards of the underlying
zoning district. Equipment cabinets or structures shall be screened
from view by an evergreen hedge or other suitable landscape treatments,
except where the use of nonvegetative screening would better reflect
and compliment the architectural character of the surrounding neighborhood.
(m)
Signs. No signage or advertising is allowed
to be placed on a wireless communication tower.
(3) Permitted uses. The installation of a tower or antenna
as follows:
(a)
Antennas or existing towers. The attachment
of a new antenna on an existing tower may be allowed, to minimize
adverse visual impacts associated with the proliferation and clustering
of towers, provided that:
[1]
The height of the existing tower is not increased.
[2]
No building addition is required.
(b)
Cable microcell network. The installation of
a cable microcell network may be permitted through the use of multiple
low-powered transmitters/receivers attached to existing wireline systems,
such as conventional cable or telephone wires, or similar technology
that does not require the use of towers.
(4) Conditional uses. The installation of towers and antennas, including the placement of accessory equipment or buildings, may be allowed by conditional use permit. In addition to the standards identified in this section, any request for conditional use permit shall also comply with the standards identified by §
385-28 of this chapter.
[Amended 10-5-2017 by Ord. No. 2017-04]
(5) Removal of abandoned antennas and towers. An antenna
or tower that is not operated for a continuous period of 12 months
shall be considered abandoned and the owner of such antenna or tower
shall remove the same within 90 days of receipt of notice from the
City notifying the owner of such abandonment. Failure to remove the
antenna or tower within 90 days shall be grounds to remove the antenna
or tower at the owner's expense. If there are two or more users of
a single tower, then this provision shall not become effective until
all users cease using this tower.
(6) Security for removal. The owner of any telecommunications
tower shall provide the City a performance bond in an amount based
on a written estimate of a qualified remover of said types of structures
to guarantee removal of the tower when no longer in operation. The
City may require an increase in the bond amount after five-year intervals
to reflect the increases in the CPI.
It shall be the duty of the Building Inspector,
with the aid of the Police Department, to enforce the provisions of
this chapter.
Any person who violates, disobeys, neglects,
omits or refuses to comply with or who resists the enforcement of
any of the provisions of this chapter shall forfeit a sum of not less
than $10 nor more than $200, together with the costs of prosecution,
and, in case of nonpayment of such forfeiture, shall be imprisoned
in the Jefferson County Jail for a term of not more than 30 days or
until such judgment is paid, and each day of violation shall constitute
a separate offense.