Algoma City Zoning Code

Essential services shall be permitted in any zone, provided that:

(1)

The use, building or structure shall be in compliance with the height, coverage and yard regulations prescribed for such a zone.

(2)

In an R zone, no exterior storage of goods, materials or equipment shall be permitted and any building erected or used under the provisions of this clause shall be of a character and maintained in general harmony with residential buildings permitted in the zone.

(3)

In any R zone, any land use for essential services shall be landscaped in accordance with section 113-190(e).

(Prior Code, § 18.06(1))

(a)

Introduction and purpose. It is the intent of this section to eliminate as home occupations all uses except those that conform to these standards. The standards in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood, home occupations conducted in a dwelling or accessory building are those, which have traditionally been found in the home. Home occupations shall be conducted in a manner that is clearly secondary to the residential use of the lot on which located.

(b)

Necessary conditions. Home occupations are permitted accessory uses in all residential and agricultural zones as long as all of the following conditions are observed:

(1)

The use of a dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes and not more than 25 percent of the gross floor area of a dwelling unit may be used in its conduct.

(2)

The use of an accessory building for a home occupation may be acceptable, provided that the accessory building does not exceed 25 percent of the gross floor area of the dwelling unit, exclusive of any garages or other nonliving area attachments such as porches, sheds, etc.

(3)

New construction for the purpose of conducting a home occupation is prohibited.

(4)

There shall be no change in the outside appearance of the building or premises other than the one sign allowed to show evidence of use.

(5)

Only one home occupation is permitted per residential or agricultural lot belonging to an individual owner or immediate family.

(6)

No more than one nonresident person may be employed by a home occupation.

(7)

Outdoor storage of any kind in connection with the practice of a home occupation is prohibited.

(8)

Outside display of goods or products is prohibited unless approval for such display is granted by the city planning commission after study of the request and public input from the residents of the neighborhood in which the home occupation is located.

(9)

No home occupation shall cause a burden on any municipal utility to a point that the municipal services cannot adequately serve the residents of the neighborhood in which the home occupation is located.

(10)

No home occupation shall generate a frequent demand for more than three parking spaces, either on the lot or on the street beyond the lot.

(11)

Machinery, mechanical equipment, tools or other appliances which create visible or audible interference in radio and/or television receivers or cause fluctuations in line voltage outside the dwelling unit or which create noise, vibration, or odor not normally associated with residential uses shall be prohibited.

(12)

There shall be no reflection or radiation either directly or indirectly of glare or heat beyond the lot on which the home occupation is located.

(13)

No home occupation shall be operated in violation of chapter 30.

(14)

No home occupation shall be permitted if a change in the fire rating of the structure of the fire district in which the structure is located occurs.

(c)

Permitted home occupations (not exclusive). The following home occupations are permitted within the city, provided that they comply with all the above conditions and the following:

(1)

Dressmakers; seamstresses and tailors.

(2)

Teachers of music, dance and other special education limited to one pupil at a time except for occasional groups.

(3)

Home crafts, such as model making, rug weaving, lapidary work, toy making, knitting, furniture upholstering or refinishing.

(4)

Babysitting, limited to three children at one time.

(5)

Office facilities of a realtor, insurance agent, land surveyor, tax consultant or similar professional.

(6)

Office facilities of a salesman, sales representative, or manufacturing representative, provided that no retail or wholesale transactions are made on the premises.

(7)

Office facilities of a minister, rabbi, or priest.

(8)

Bed and breakfast facilities.

(d)

Conditional home occupations (not exclusive). The following home occupations may be permitted by the city planning commission if, after careful consideration, neighborhood input, and study of potential problems, the commission feels that the home occupation will not adversely affect the safety, character, or condition of the neighborhood or the interests of the people who reside in the neighborhood of the proposed home occupation:

(1)

Repair shops or service establishments, including, but not limited to, small electrical appliances, typewriters, cameras, watches and jewelry, or television and radio repair.

(2)

Photo studios and antique shops.

(3)

Vegetable sales and roadside stands for the sale of produce goods.

(4)

Workshops of electricians, carpenters, cabinetmakers or similar tradesmen.

(5)

Small engine repair shops including, but not limited to, repair of lawnmowers, roto-tillers, snow blowers, and other small engine equipment.

(e)

Prohibited home occupations (not exclusive). The following uses shall not be permitted as home occupations. Such uses are unacceptable due to their hazardous nature, disruptive effects, excessive traffic generation, aesthetic conflict with the residential usage or tendency to increase in size beyond the limits permitted for home occupations:

(1)

Automobile, truck, or large equipment repair.

(2)

Snowmobile or motorcycle repair.

(3)

Painting of vehicles, trailers, or boats.

(4)

Welding and/or metal fabrication shops.

(5)

Trailer rentals for hauling purposes.

(6)

Barbershops or beauty parlors.

(7)

Funeral chapels or funeral homes.

(8)

Medical or dental clinics or hospitals.

(9)

Stables, kennels or animal hospitals or shelters.

(10)

Dancing schools except those already allowed in permitted uses.

(11)

Nursery schools.

(12)

Private clubs.

(13)

Flower shops or gift shops.

(14)

Restaurants and eating establishments.

(Prior Code, § 18.06(2))

The following standards and not those in the schedules of regulations shall apply to the construction of townhouses:

(1)

The overall density shall not exceed 25 dwelling units per acre.

(2)

The average lot width for each row of townhouses shall be 20 feet, however, no individual lot shall be narrower than 18 feet.

(3)

The average maximum lot coverage of principal and accessory buildings shall not exceed 50 percent and no individual lot shall be covered more than 60 percent.

(4)

The average front yard setback shall be 20 feet but no building shall be located closer to the front property line than 15 feet.

(5)

Side yards of not less than 20 feet in width shall be provided at least every 160 feet.

(6)

The rear yard shall not be less than 20 percent of the depth of the lot.

(7)

No structure shall be higher than tree stories or 45 feet.

(Prior Code, § 18.06(3))

Planned development groups shall be permitted in appropriate zones only after specific approval by the planning commission and the council.

(1)

Applications.

a.

The application shall show the proposed use, dimensions and locations of proposed structures and of areas to be reserved for vehicular and pedestrian traffic, parking public uses, such as schools and playgrounds, landscaping and other open spaces, architectural drawings and sketches showing design of structures and their relationship, and such other information as may be requested by such bodies for a determination that it is desirable to deviate from certain other provisions of this chapter.

b.

The application shall be referred to the engineering and inspection departments for 30 days for examination of the application for compliance with all applicable ordinances. Where deemed advisable by either department, all information required for preliminary plats of subdivision may be required in the application for a planned development group.

(2)

Regulations. The following regulations shall apply:

a.

Spacing and orientation of building groups.

1.

Residential. While setbacks on the external periphery of the affected parcel shall remain as stated in the schedule of controls, for all other internal matters, the schedule of controls, including the setbacks between buildings, may be relaxed or reduced only after specific approval by the planning commission and the council.

2.

Commercial and industrial.

(i)

Exterior walls of opposite buildings shall be located no closer than a distance equal to the height of the taller building.

(ii)

A building group shall not be so arranged that any permanently occupied building is inaccessible to emergency vehicles.

b.

Circulation.

1.

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.

2.

There shall be an adequate amount, in a suitable location of pedestrian walks, malls and landscape spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation loading places, from general vehicular circulation facilities.

3.

Building and vehicular circulation open space shall be arranged so that pedestrian moving between buildings is not unnecessarily exposed to vehicular traffic.

b.

Paving and drainage. There shall be adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwaters, prevent erosion and formation of dust.

c.

Signs and lighting. Signs and lighting devices shall be properly arranged with respect to traffic control devices and adjacent residential districts.

(Prior Code, § 18.06(4))

For a storage building constructed prior to a dwelling:

(1)

The location of the storage building on the lot shall not preclude a dwelling or other permitted principal building from being added to the lot at a later date.

(2)

The storage building shall only be used for the personal storage needs of the property owner. The storage building shall not be rented or leased and, in addition, shall not be used to store items associated with a commercial use.

(3)

The storage building shall comply with the requirements for accessory buildings as defined in this Code and residential zoning tables.

(4)

The property owner shall submit a written plan for the subsequent construction of a dwelling or other permitted principal building on the lot.

(5)

The construction of the principal permitted use must commence within five years of the completion of the storage structure or seven years from the issuance of the conditional use permit, whichever comes first.

(Ord. No. 817, 10-7-2019)