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Adams City Zoning Code

ARTICLE VI

Supplemental Uses and Regulations

§ 305-12 Residential district regulations.

In the Residential District (RES), the following supplemental uses shall apply:
A. 
A nonconforming lot of record may be constructed upon provided minimum yard requirements (as set forth in Article IV - Schedule II), permitted uses (as set forth in Article IV - Schedule I), Village sanitary waste standards, and other Village regulations are followed. Any deviation from the above requirements requires a variance. A permit is required for any proposed construction on such a lot, as set forth under this chapter.
B. 
The following sign regulations shall apply:
(1) 
No sign shall exceed six square feet in area.
(2) 
Two temporary special event signs shall be permitted. These signs shall advertise events, activities or other similar instances that will be terminated on a set date. Yard sales, garage sales and similar on-lot sales shall be considered temporary activities and as such, signs advertising such events shall fall under the requirements of this section. No such sign shall exceed four square feet in area. Such signs shall be removed at the end of the event by the sponsor of the event or those who placed the sign.
(3) 
Signs may be placed in required yards, providing such placement does not interfere with traffic safety.
(4) 
No sign shall be placed closer than five feet to a street line, or lot line.
(5) 
Mechanically moving flashing signs shall not be permitted unless required for public safety purposes as identified by a unit of government.
[Amended 7-20-1998 by L.L. No. 3-1998]
(6) 
Floodlights and other external lighting fixtures used in the illumination of signs shall be permitted if located and/or shielded so as not to produce direct glare at neighboring residences and highway traffic.
(7) 
Any nonconforming sign existing in a Residential District at the time of the adoption of this chapter or an amendment thereto, shall only be replaced by a sign conforming to the regulations for this district.
(8) 
Any business, enterprise, institution, or other advertising entity that ceases operations shall remove its sign(s) within 90 days of such cessation (extensions may be granted).
(9) 
Only one permanent sign per lot or use may be erected.
(10) 
Church signs may be 24 square feet in area. There shall be only once such sign permitted on church property.
C. 
A private garage or other accessory structure that is connected to a dwelling or structure becomes a part of the principal building rather than an accessory building. A garage shall not be required to have a setback distance from the principal building. It shall only maintain required setbacks from adjacent lot and street lines. A garage cannot be erected on a required front yard.

§ 305-13 General commercial district regulations.

In the General Commercial District (GC), the following supplemental uses shall apply:
A. 
A nonconforming lot of record may be constructed upon provided minimum yard requirements (as set forth in Article IV - Schedule II), permitted uses (as set forth in Article IV - Schedule I), Village sanitary waste standards, and other Village regulations are followed. Any deviation from the above requirements requires a variance. A permit is required for any proposed construction on such a lot, as set forth under this chapter.
B. 
The following sign regulations shall apply:
(1) 
No sign shall exceed one square foot for each one lineal foot of building front.
(2) 
Two temporary special event signs shall be permitted. These signs shall advertise events, activities or other similar instances that will be terminated on a set date. Yard sales, garage sales and similar on-lot sales shall be considered temporary activities and as such, signs advertising such events shall fall under the requirements of this section. No such signs shall exceed four square feet in area. Such signs shall be removed at the end of the event by the sponsor of the event or those who placed the sign.
(3) 
Signs may be placed in required yards, providing such placement does not interfere with traffic safety.
(4) 
On residential property, no sign shall be placed closer than five feet to a street line or lot line.
(5) 
Mechanically moving flashing signs shall not be permitted unless required for public safety purposes as identified by a unit of government.
[Amended 7-20-1998 by L.L. No. 3-1998]
(6) 
Any nonconforming sign existing in the General Commercial District at the time of the adoption of this chapter or an amendment thereto, shall only be replaced by a sign conforming to the regulations for this district.
(7) 
Any business, enterprise, institution, or other advertising entity that ceases operations shall remove its signs within 90 days of such cessation (extensions may be granted).
(8) 
No signs shall be permitted which overhang walkways and streets.
C. 
A private garage or other accessory structure that is connected to a dwelling or structure becomes part of the principal building rather than an accessory building. A garage shall not be required to have a setback distance from the principal building. It shall only maintain required setbacks from adjacent lot and street lines. A garage shall not be placed in a required front yard.
D. 
Public assembly facilities, hotels, and motels shall meet the special use criteria established for such uses under Article V.

§ 305-14 Industrial district regulations.

In the Industrial District (IND) the following supplemental uses shall apply:
A. 
A nonconforming lot of record may be constructed upon provided minimum yard requirements (as set forth in Article IV - Schedule II), permitted uses (as set forth in Article IV - Schedule I), Village sanitary waste standards, and other Village regulations are followed. Any deviation from the above requirements requires a variance. A permit is required for any proposed construction on such a lot, as set forth under this chapter.
B. 
The following sign regulations shall apply:
(1) 
No sign shall exceed one square foot in area for each lineal foot of building front.
(2) 
Two temporary special event signs shall be permitted. These signs shall advertise events, activities or other similar instances that will be terminated on a set date. Yard sales, garage sales and similar on-lot sales shall be considered temporary activities, and as such, signs advertising such events shall fall under the requirements of this section. No such sign shall exceed four square feet in area. Such signs shall be removed at the end of the event by the sponsor of the event or those who placed the sign.
(3) 
Signs may be placed in required yards, providing such placement does not interfere with traffic safety.
(4) 
No sign shall be placed closer than five feet to a street line or lot line.
(5) 
Mechanically moving flashing signs shall not be permitted unless required for public safety purposes as identified by a unit of government.
[Amended 7-20-1998 by L.L. No. 3-1998]
(6) 
Any nonconforming sign existing in the Industrial District at the time of the adoption of this chapter or an amendment thereto, shall only be replaced by a sign conforming to the regulations for this district.
(7) 
Any business, enterprise, institution, or other advertising entity that ceases operations shall remove its signs within 90 days of such cessation (extensions may be granted).
(8) 
Signs shall not be placed over walkways and streets.

§ 305-15 General provisions regulating certain uses.

A. 
In all districts, or specific districts as noted, the following uses and regulations apply:
(1) 
In the case of a corner lot both yards fronting on streets shall be considered front yards and must meet the appropriate setbacks.
(2) 
In determining the yard requirements of a lot, porches, carports, or similar attached structures are considered a part of the principal building.
(3) 
Fences and walls are acceptable in all districts and a permit is not required for their construction. They shall not be placed so as to cause traffic hazards. They shall not be more than three feet in height in front yards or six feet in height in back yards unless approved by the Zoning Board of Appeals. They shall be kept in good structural repair so that they are not a safety hazard.
[Amended 7-20-1998 by L.L. No. 3-1998]
(4) 
In all zoning districts, with the exception of General Commercial Districts, any structures, fences, signs or shrubbery over four feet in height above street level are not permitted to be maintained in a triangular area of any corner lots. This area is formed by lines along both streets to points 40 feet distant from the intersection and then a line connecting these points.
(5) 
Off-street loading requirements:
(a) 
In all districts, in connection with every building or building group or part thereof and having a gross floor area of 4,000 square feet or more, which is to be occupied by a new manufacturing use similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, off-street loading berths or unloading berths as follows:
[1] 
Four thousand to 25,000 square feet: one berth.
[2] 
Twenty-five thousand one to 40,000 square feet: two berths.
[3] 
Forty thousand one to 60,000 square feet: three berths.
[4] 
For each additional 50,000 square feet - one space.
(b) 
The loading berth required in each instance shall be not less than 12 feet in width, 25 feet in length, and 14 feet in height, and may occupy all or any part of any required yard. Such space may also be a part of a required parking area.
(6) 
In all districts, buildings classified as unsafe by the Village Board under the Village's Unsafe Building Law and/or State Health or Building Code regulations, shall be corrected to remedy such violations.
(7) 
All streets, or roadways that are constructed by private individuals or enterprise, and which serve or are intended to serve the public as a public thoroughfare, shall meet highway and road standards as established by the Village Board. Such standards include grade, horizontal curves, right of way, width of surface, type of surface, line of sight, tangents, shoulders, driveways and drainage.
(8) 
Uses in all districts shall meet the following off-street parking requirements. The applicant may count adjacent, or nearby parking spaces that are not on-lot (or owned by the applicant) to meet the following requirements. These off-lot spaces, however, must not be already in use during the proposed time of use by the applicant. The owner of such parking spaces must agree to this counting of spaces. All such proposals shall be first approved by the Village Planning Board as meeting the intent of these regulations.
Uses
Required Parking Spaces
Churches or Synagogues
1 for each 3.5 seats
Community buildings and social halls, places of public and private assembly
1 for each 200 square feet of gross floor area, or 1 for each 3.5 seats, whichever is greater
Motels, hotels, resorts, boardinghouses and rooming houses
1 for each sleeping room or dwelling unit
Industrial operations
1 for each employee in the maximum working shift
Restaurants, bars, night clubs, recreation facilities
1 for each 50 square foot of patron space
Retail stores, store groups, shops, small commercial establishments, business uses
1 space for each 200 square feet of floor space, plus 1 for each employee
Wholesale establishments or warehouses
1 for each employee in maximum shift
Offices-general
1 for each employee
Doctor or dentist office
10 for each office
Home occupation
Minimum of 3 spaces
Dwellings and mobile homes
2 for each dwelling unit
Roadside stands
Minimum of 3 spaces
(9) 
Placement of the parking lot and parking spaces shall not be closer than five feet from lot or street lines.
(10) 
In all zoning districts on residential lots, fences or walls over four feet in height are not permitted, except where allowed under this chapter. They may exceed four feet only when enclosing the immediate grounds of a swimming pool or other essential community or public facility. No fence or wall shall be so placed as to cause traffic hazards (e.g., blocking line of sight).
(11) 
In all districts a private garage or other accessory structure that is connected to a dwelling or structure becomes a part of the principal building rather an accessory building. A garage shall not be required to have a setback distance from the principal building. It shall only maintain required setbacks from adjacent lot and street lines.
(12) 
A buffer or transition zone shall be established between residential and general commercial or industrial districts when a new physical development (not use of an existing structure) is proposed for a lot adjoining such a district line. Development on such lots shall be set back at least 25 feet from the district line; however, where this is impossible the Planning Board may grant a waiver allowing a ten-foot set back provided the new development will not conflict with neighboring uses by means of noise, odor, pollution, safety, health or general welfare. However, the ten-foot setback shall incorporate plantings (i.e., shrubs, trees, etc.) of such density and height to reduce nay such detrimental effects.
(13) 
Home occupation uses are permitted in all districts. Following are a list of criteria that they must meet:
(a) 
Not more than two people shall be employed at such a use.
(b) 
The use is customarily conducted within the dwelling.
(c) 
One identification sign is permitted and shall not exceed six square feet in area.
(d) 
Off-street parking space requirements, as identified in this article, shall be adhered to.
(e) 
No unsafe traffic conditions shall be produced by vehicles at the use, sign placement, etc.
(f) 
No objectionable odors, noise or unsightly conditions shall be encountered by neighboring properties.
(14) 
Public and private recreation, as permitted in the General Commercial Districts, shall meet the following list of criteria.
(a) 
They shall be located at least 50 feet from a lot or a street line.
(b) 
If it is a commercial facility and is intended to serve a membership or clientele over 25 people on a regular basis the facility shall not be closer than 100 feet to a residential lot line.
(c) 
Appropriate screening to reduce noise and dust shall be required when such a commercial use is adjacent to a residential lot. This screening may include fencing or hedges of appropriate density.
(d) 
Off-street parking spaces shall be provided in compliance with the off-street parking requirements of this article.
(15) 
Swimming pools are permitted structures in all districts and may be located within a required side or rear yard. However, swimming pools shall:
(a) 
Not be closer than 10 feet to a lot line.
(b) 
In the Residential and Business Districts, have a fence that is at least four feet tall around the entire structure. The fence shall be constructed of such materials so as to prevent unauthorized entrance by children or other individuals. This shall not apply to above-ground pools which have attached fences and restraining devices. Existing pools must also meet this fencing requirement.
(16) 
Community facilities are permitted in all districts and shall meet the following requirements:
(a) 
The approval of such facilities shall require proof that the use will not be out of character with similar neighboring uses.
(b) 
Sufficient parking spaces must be provided to meet the Off-Street Parking requirements of this article.
(c) 
The use shall not produce dust, noise, lighting glare or other objectionable environmental conditions to neighboring residential properties. If it does the use shall install adequate screening (fences, hedges, etc.) to eliminate such conditions.
(d) 
Interior thoroughfares shall be arranged so as to insure public safety.
(17) 
Public parks, playgrounds, athletic fields and accessory buildings are permitted in all the districts provided buildings on such lots are located at least 100 feet from any adjacent lot line.
(18) 
In all districts inoperative motor vehicles are not permitted to be kept on the premises for a period longer than 14 days unless they are enclosed within a structure or fence so as not to be visible from off the property.
[Amended 6-18-1990 by L.L. No. 1-1990]
(19) 
In addition to other provisions of this chapter, the following uses and activities are not permitted within 200 feet of any residential districts:
(a) 
Garages or shops for painting of automobiles or for the repairing of automobile bodies involving hammering or other work causing loud or unusual noise, fumes, or odors.
(b) 
Kennels or places for the stabling of animals.
(c) 
Any Industrial District uses.
(20) 
In any zoning districts, the removal of sod, loam, sand, gravel, or quarried stone is subject to the following requirements:
(a) 
No below-ground-level excavation (creating a pit) of materials shall be located within 200 feet of any public road or other property line.
(b) 
All blasting shall be done by a licensed and insured blaster and subject to the approval of the Planning Board.
(c) 
All such sites shall be entirely fenced to eliminate off-premises visibility and unauthorized entrance. No excess noise or dust shall be created that detrimentally affects neighboring properties.
(d) 
All sites must first meet the State Mined Land Reclamation Act.
(21) 
In all districts there shall be no placement of materials, wood, debris, litter or structures in a required yard; unless so authorized by this chapter, or a Board thereof. Firewood shall be neatly stacked in side or rear yards, within a reasonable time, as established by the Planning Board.