Anna City Zoning Code

SUPPLEMENTARY REGULATIONS

§ 153.155 PERFORMANCE STANDARDS TO REGULATE POTENTIAL HAZARDS AND

The following are considered potential nuisances and must meet the basic requirements listed in these regulations.

(A) Glare and exterior light. The lighting on all properties shall be positioned so as not to extend glare or light onto neighboring properties.

(B) Dust, erosion, and noxious weeds. Dust, silt, and the spread of noxious weeds shall be minimized through landscaping or paving to prevent their transfer by wind or water off the lot on which they are located. All properties must complete landscaping and paving within 12 months after the development of the property is started.

(C) Chemicals. The storage, utilization and manufacture of solid, liquid and gaseous chemicals and other materials shall be permitted subject to the following conditions.

(1) No discharge shall be permitted into any public sewer, private sewage disposal system or stream, or into the ground, of any materials that can contaminate any water supply, interfere with bacterial processes in wastewater treatment, or otherwise cause the emission of dangerous or offensive elements.

(2) The storage, utilization or manufacture of solid combustible materials or products ranging from free or active burning to intense burning may be permitted only if the materials or products are stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.

(3) All activities involving the use and/or storage and/or disposal of flammable liquids or materials that produce flammable or explosive vapors or gases shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire fighting and suppression equipment and devices standard to the industry involved.

(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999

§ 153.156 REGULATION OF ACCESSORY USES.

(A) General.

(1) In each zoning district, unless otherwise prohibited, any use, building and/or structure customarily incidental to and accessory to a permitted use, structure and/or building in the zoning district shall be permitted as an accessory use. However, accessory uses for which a conditional use permit is required shall be required to obtain the permit.

(2) No accessory use, building, and/or structure may be established until the primary use of the lot has been established.

(3) There shall be no more than two accessory uses, buildings, and/or structures per lot. Air conditioning units shall not be counted as one of the two allowable accessory uses, buildings, and/or structures but shall meet the setback requirements for an accessory structure.

(B) Accessory uses. Accessory uses shall include, but not necessarily be limited to, home occupations, keeping of not more than two roomers and/or boarders by a resident family, temporary buildings for uses incidental to construction work while construction is in progress, and any other use customarily found in conjunction with and required for full utilization and enjoyment of the principal use.

(1) Accessory buildings/structures shall include, but not necessarily be limited to, utility sheds, garages, swimming pools, tennis courts, satellite receiving stations for individual use, and any other building or structure customarily found in conjunction with and required for full utilization and enjoyment of the principal use.

(2) Fences and signs are not considered accessory uses.

(3) A structure or building connected to a principal structure or building by a breezeway or other similar structure shall be considered a part of the principal structure or building.

(4) No accessory structures or buildings shall be erected in any yard except a rear yard or side yard. No detached accessory structure or building shall occupy more than 35% of the area of the required rear yard, and the structure or building shall be located a minimum of six feet from all lot lines except for a detached garage, which shall meet the minimum side yard requirements for the zoning district in which it is located.

(5) The height of an accessory building or structure shall not exceed 12 feet except for a detached garage, the height of which shall not exceed 18 feet. The distance of detached accessory buildings or structures from other buildings or structures on the same lot shall be at least six feet.

(6) In-ground swimming pools, tennis courts and other recreational facilities used for the enjoyment of the occupants of the principal use of the property on which it is located shall be considered accessory uses but must meet the following restrictions.

(a) The structure shall not be located in any yard except the rear yard and shall meet all yard setback requirements for the zoning district in which it is located.

(b) Attractive nuisances, including in-ground swimming pools, or the entire property on which they are located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than six feet in height (excluding posts) and shall be maintained in good condition with a self-closing gate and lock.

(c) The six-foot fence zoning requirements for in-ground swimming pools do not apply to above-ground pools or wading pools. Above-ground swimming pools shall be made inaccessible when not in use and any ladder or structure used for accessing an above-ground swimming pool shall be removed and stored in a separate location when not in use.

(7) Satellite receiving stations and other structures used to transmit or receive signals to/from earth satellites for the use of the occupant of the lot on which it is located shall be considered accessory uses but must meet the following restrictions.

(a) The structure shall not be located in any yard except the rear yard and shall meet all yard setback requirements for the zoning district in which it is located.

(b) The structure shall not be roof-mounted in residential districts if larger than three feet in diameter.

(Ord. 1227-98, passed 1-12-1999; Am. Ord. 1574-11, passed 6-14-2011; Am. Ord. 1629-13, passed 6-25-2013; Am. Ord. 1737-17, passed 4-24-2018; Am. Ord. 20-1778, passed 7-28-2020) Penalty, see § 153.999

§ 153.157 REGULATION OF CONDITIONAL USES.

(A) General.

(1) The purpose of a conditional use permit is to allow uses that may only be suitable within certain zoning district(s) if the uses are designated, controlled, or laid out in a particular manner on the site. Approval by the Board of Zoning Appeals shall be required for all conditionally permitted uses. In considering applications for a conditional use permit the Board of Appeals shall consider the impact of the proposed use on the surrounding area, including but not necessarily limited to, traffic flow, parking, noise, glare, and potential nuisances.

(2) Unless otherwise specified, conditional use permits shall be granted to a designated address and are not transferable from address to address.

(3) Should the activity requiring the conditional use permit cease to exist for a period of 12 months, the conditional use permit shall be considered revoked and a new permit must be obtained before that activity may resume.

(4) All applicants for conditional uses shall be required to fully comply with these regulations. The Board of Zoning Appeals may waive conditions or specify conditions in addition to those indicated if, in the opinion of the Board, the conditions are necessary to mitigate any negative effect a proposed facility or activity may have on the surrounding area.

(5) In order to ascertain the conditions under which a conditional use permit have been granted are being met, the Zoning Administrator shall have the right at any reasonable time, upon reasonable request, to enter and inspect the premises covered by the permit.

(B) Specified conditional use permits.

(1) Home occupations.

(a) Conditionally permitted in residential districts.

(b) Definitions. A home occupation is defined as any business or commercial activity that is conducted from property that is zoned for residential use and is not considered an existing nonconforming use.

(c) Conditional use permits granted for home occupations shall be temporary in nature and shall be granted to a designated person who resides at the designated address. The permits are not transferable from person to person or from address to address. Should the holder of the conditional use permit for a home occupation die or move to a new location, the permit shall be automatically terminated.

(d) All of the following conditions shall be considered before a conditional use permit may be approved.

1. The home occupation shall be conducted by the applicant, who shall reside on the premises.

2. There shall be no change in the outside appearance of the building as related to home occupation, other than a sign as permitted by these regulations.

3. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to the dwelling unit’s use for residential purposes by its occupants. Home occupations shall be conducted only in the building that is used by the occupant as the private dwelling, and not more than 25% of the floor area of the dwelling unit may be used for the purpose, including storage.

4. There shall be no exterior storage of business equipment, materials, merchandise, inventory or heavy equipment.

5. No more than two vehicles in addition to those registered at that address shall be present at any one time.

6. No equipment, process or storage associated with the home occupation shall create odors, noise, vibration, glare, electrical interference or other nuisances.

7. No equipment, process or storage associated within a home occupation shall create any fire or explosion hazard or involve the storage or use of hazardous materials in any concentration greater than that which would normally be found in a dwelling unit containing no home occupation.

8. The use of mechanical equipment other than is usual for purely domestic or hobby purposes shall be prohibited.

9. No wholesale or retail business is allowed unless it is conducted entirely by mail and does not involve the sale of merchandise on the premises.

(2) Churches and places of worship.

(a) Conditionally permitted in all districts.

(b) Definition. Churches, temples, mosques, and other places of worship.

1. An assessment shall be made of the probable impact of the proposed facility on the prevailing and expected future traffic and indicate that the adjacent major streets and adjacent properties will be able to accommodate traffic.

2. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.

3. Lots shall be a minimum of one acre.

(3) Educational.

(a) Kindergarten, elementary, junior high, and senior high schools are conditionally permitted in residential districts; vocational schools, community colleges, colleges and universities are conditionally permitted in residential and commercial districts.

(b) Definition. Kindergarten, elementary, middle, junior high, and senior high schools; vocational schools, community colleges, junior colleges, colleges, and universities.

2. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.

3. Lots shall be a minimum of one acre.

4. There shall be a minimum yard requirement of 50 feet in any yard from which exits or entries to the principal structure are made.

5. No on-street pick up or delivery of passengers shall be permitted.

(4) Outdoor recreational.

(a) Conditionally permitted in residential districts.

(b) Definition. Parks, playgrounds, recreational areas and related facilities such as swimming pools, summer camps, golf courses, and similar facilities.

2. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.

(5) Hospitals, nursing homes.

(a) Conditionally permitted in R-2, R-3, and Commercial Districts.

(b) Definition. A facility staffed by qualified medical practitioners providing overnight care.

1. A six foot solid wall or fence, a six foot dense evergreen hedge, or a six foot landscaped berm, or any combination thereof shall be required between the facilities and any adjacent residential district or use.

2. An assessment shall be made of the probable impact of the proposed facility on the prevailing and expected future traffic and indicate that the adjacent major streets and adjacent properties will be able to accommodate traffic.

3. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.

(6) Public uses.

(a) Conditionally permitted in R-2 and R-3 Districts.

(b) Definition. Uses supported in whole or in part by taxes, including but not necessarily limited to governmental offices, fire/police stations, libraries, post offices, and similar types of uses.

2. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.

(7) Group homes.

(a) Conditionally permitted in R-3 Districts.

(b) Definition. A residence for three or more unrelated individuals who require assistance to perform daily activities.

1. Every room occupied for sleeping purposes within the home shall contain a minimum of 100 square feet of habitable room area for one occupant, and when occupied by more than one individual, shall contain at least 80 square feet habitable room area for each occupant. No facility shall use living rooms, dining rooms, entry ways, closets, corridors, outside porches or areas located below ground level as sleeping rooms.

2. The group home shall provide not less than 25 square feet per person of suitable indoor recreation area and not less than 75 square feet of outdoor recreation open space per person in any usable yard and parking areas.

3. No exterior alteration of the structures shall be made that departs from the residential character of the building. All new structures shall be compatible in residential design with the surrounding neighborhood.

4. No group home shall be located within a 1/4 mile radius of another facility.

(8) Boarding and rooming houses.

(a) Conditionally permitted in R-3 Districts.

(b) Definition. A residence for three or more unrelated individuals.

1. Every room occupied for sleeping purposes within the facility shall contain a minimum of 100 square feet of habitable room area for one occupant, and when occupied by more than one individual, shall contain at least 80 square feet habitable room area for each occupant. No facility shall use living rooms, dining rooms, entry ways, closets, corridors, outside porches or areas below ground level as sleeping rooms.

2. The facility shall provide not less than 25 square feet per person of suitable indoor recreation area and not less than 75 square feet of outdoor recreation open space per person.

(9) Day care facilities.

(a) Conditionally permitted in R-3, C-1, and C-2; conditionally permitted in I-1 if directly

affiliated with a permitted use.

(b) Definition. A child day care facility is any place not the residence of the provider in which day care is provided for 13 or more individuals.

2. An assessment shall be made of the probable impact of the proposed facility on the surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.

3. Day care facilities must meet current state standards and regulations to provide adequate outdoor areas to handle the number of individuals being cared for.

4. All exterior activity areas and play lots shall be fenced and screened with appropriate landscape materials.

5. All structures and play lots associated with this use shall be located a minimum of 25 feet from any R-1 or R-2 District.

6. Day care facilities located in an R-3 District shall be architecturally compatible with the surrounding residential uses.

(10) Primary utilities.

(a) Conditionally permitted in R-3, C-1, C-2, and I-1 Districts.

(b) Definition. See § 153.012.

1. Non-climbable fences or comparable safety devices shall be installed and maintained in order to make the facility inaccessible to the public.

2. Portions of properties not used for buildings, parking or related services must be maintained with natural ground cover.

3. For a structure taller than the maximum height for the zoning district in which it is located, the setback from all property lines shall be one and one-half times the height of the structure.

4. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.

(11) Upper story apartments.

(a) Conditionally permitted in C-1.

(b) Definition. Apartments or rooms for residential use located above a permitted C-1 use.

1. Parking for the dwelling units must be provided off-street at 2.0 parking space per dwelling unit in addition to parking required for the C-1 use.

2. Access to the upper story apartment shall be separate and independent from access for the C-1 use.

(12) Automotive services and fuel.

(a) Conditionally permitted in C-1 Districts.

(b) Definition. Any business or facility which sells gasoline, oil, or other engine products or which is engaged in the repair and/or restoration of automotive vehicles.

1. There shall be a minimum of two separate driveways providing entrance and exit to and from the property, located not closer than 20 feet from one another, ten feet from an adjacent property line and 25 feet from any adjacent residential district. On corner lots, the driveways shall not be located closer than 30 feet to the intersection of the right-of-way lines of the two streets.

2. All hydraulic lifts, oil pits and all lubricants, greasing and other equipment shall be enclosed and operated entirely within the service station or garage building.

(13) Drive-through restaurant and retail establishments.

(a) Conditionally permitted in C-1 and C-2.

(b) Definition. A restaurant or business which sells food or services via a drive-though lane for which customers need not leave their vehicles.

1. There shall be two separate driveways providing access to the property. On corner lots, the driveways shall not be located closer than 25 feet to the intersection of the right-of-way lines of the two streets.

2. The drive-through lane shall be so that at least five vehicles may be in line on the premises and none of these vehicles encroach on a public thoroughfare.

(14) Satellite parking and loading areas.

(a) Conditionally permitted in any district.

(b) Definition. Any parking or loading area located on a separate lot from the use it serves.

1. Satellite parking/loading shall be considered only if the required off-street parking/loading spaces cannot reasonably be provided on the same lot where the principal use associated with these parking/loading spaces is located. However, the use and the parking/loading must both be in the same zoning district.

2. All satellite parking/loading spaces shall be located within 500 feet of the lot on which the use associated with the parking/loading is located. An assessment shall be made of the probable impact of the proposed parking/loading on traffic in the area.

3. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.

4. A written agreement shall be provided by the owner/operator of the use for which the satellite parking is requested and by the owner of the lot on which the satellite parking is to be located to acknowledge the satellite parking/loading is permitted on the site and that it will continue to be permitted as long as the use requiring the parking/loading area is in effect. If the use for which satellite parking/loading ceases to exist for a period of 12 months, the conditional use permit for the satellite parking/loading is revoked.

(15) Joint parking/loading.

(a) Conditionally permitted in any district.

(b) Definition. Any off-street parking or loading area shared with between two or more uses.

(c) Two or more uses may jointly provide and use off-street parking or loading spaces provided at least 75% of the required parking or loading spaces for all uses summed together is provided.

(Ord. 1227-98, passed 1-12-1999; Am. Ord. 1264-99, passed 6-22-1999; Am. Ord. 1574-11, passed 6-14-2011) Penalty, see § 153.999

§ 153.158 FENCING, SCREENING, BUFFERING AND LANDSCAPING.

(A) Statement of intent. The intent of this section is to provide for orderly transition between land uses, to protect and screen property, to inhibit unintended access to industrial and commercial sites, to provide security and privacy to property owners, to provide a physical and visual barrier between different land uses, to define property lines, to identify and emphasize entrances, and to generally improve the aesthetic appearance of a lot.

(B) Design standards.

(1) General requirements. A fence, wall, hedge, or other barrier may be located in the rear or side yard in any district, provided:

(a) In residential districts the height of the fence, wall, hedge, or barrier shall not exceed six feet above the ground except when surrounding a tennis court, where it shall not exceed ten feet in height, excluding post heights;

(b) In non-residential districts the height of the fence, wall, hedge, or barrier shall not exceed ten feet above the ground, excluding post height;

(d) Electrified fences are prohibited in all districts;

(e) Barbed wire on fences is permitted only in industrial districts and may not be used along any lot line which adjoins a residential district or a residential use. The barbed wire need not be considered part of the fence height;

(f) All fences shall be installed three feet from the property line to allow for maintenance;

(g) All support structures shall face the inside, finished side facing out;

(h) All fencing must be kept in good repair and in a safe and aesthetically pleasing condition;

(i) All fences shall have a minimum of one gate for emergency ingress and egress with a minimum width of three feet; and

(j) Construction materials that are prohibited:

1. Chicken wire;

2. Hog wire;

3. Netting;

4. Metal panels, corrugated and un-corrugated;

5. Glass;

6. Galvanized sheet metal;

7 Plywood;

8 Fiberglass;

9. Plastic panels;

10. Any other materials not manufactured specifically for fencing.

(2) Special requirements for front yards. A fence, which shall include a wall, hedge or other barrier, may be located in a front yard in any district provided:

(a) The fence, wall, hedge, or barrier is ornamental in nature, meaning it does not enclose the yard, does not have a gate, and is clearly intended to decorate the yard rather than to contain it;

(b) The fence, wall, hedge, or barrier shall not exceed 3-1/2 feet above the ground, excluding posts;

(c) The fence, wall, hedge, or barrier shall not be located closer than three feet to the lot line along the street frontage; and

(d) The fence, wall, hedge or barrier shall not be located in the required sight triangle.

(3) Required fencing. A fence, wall, hedge or other barrier is required to be located between land uses according to the following.

(a) Whenever a commercial or industrial use is located on a lot that adjoins a residential district or a residential use, an effective buffer or screen consisting of a solid wall or fence, landscaped earth mound, or view-obscuring dense planting or various combinations thereof, shall be provided along the lot line(s) adjoining that residential district or use. The buffer or screen shall not be less than six feet in height measured from the ground on the side of the residential district or use; it may be higher if necessary as determined by the Zoning Administrator to provide visual privacy for the adjacent residential property, and shall be maintained in good condition by the owner.

(b) Any premise used or intended to be used for auto wrecking or dismantling or for the open storage of auto bodies, or other metal, glass, bottles, rags, cans, sacks, rubber, paper or other articles commonly known as junk, or for any articles known as secondhand goods, wares or merchandise, must be enclosed with a masonry wall or tight board or similar fence not less than six feet high, painted or stained a neutral color, and continuously maintained in good condition.

(c) When any open off-street parking or loading area containing more than two spaces is not separated from a residential district or a residential use by a public street, an effective buffer or screen, consisting of a solid wall or fence, landscaped earth mound, or view-obscuring dense planting or various combinations thereof, shall be provided at the lot lines adjoining the residential district or use. The buffer or screen shall not be less than six feet in height measured from the ground on the side of the residential district or use; it may be higher if necessary as determined by the Zoning Administrator to provide visual privacy for the adjacent residential property, and shall be maintained in good condition by the owner. The Zoning Administrator may allow an exception to this height requirement where strict adherence would interfere with the necessary sight distance needed to exit the parking/loading area.

(d) All commercial, industrial, and multiple-family residential uses that provide trash and/or garbage collection areas shall enclose the areas on at least three sides by a solid wall or fence at least five feet in height if the area is not within an enclosed building or structure. The wall or fence shall be maintained in good condition by the owner. Provisions for adequate vehicular access to and from the area or areas for collection of trash and/or garbage shall be required.

(e) Storage and service areas. Outdoor storage of materials is not permitted in residential districts. Outdoor storage of materials shall be allowed in non-residential districts provided the materials are enclosed and secured, and in no case shall the materials be stored higher than six feet in height. All storage and service areas shall be screened from view from the perimeter of the site with fencing and/or view-obscuring landscaping not to exceed six feet from the ground. The fencing or landscaping shall be maintained in good condition by the owner.

(Ord. 1227-98, passed 1-12-1999; Am. Ord. 1608-12, passed 11-13-2012) Penalty, see § 153.999

§ 153.159 REGULATION OF TEMPORARY USES.

(A) Statement of intent. Temporary uses shall be permitted subject to conditions that will safeguard the public health, safety and general welfare and are based on the following requirements.

(B) Permitted temporary uses.

(1) Retail outdoor display. An outdoor display is permitted of products sold on site, provided such display is at least ten feet from front lot line and five feet from any side or rear lot line of owner’s property. The display must be well maintained and, if seasonal in nature, must be removed after the season passes. If the display is located on a sidewalk, public access must be maintained throughout the sale.

(2) Garage sales.

(a) Garage sales, yard sales and rummage sales shall be permitted at individual dwellings in the residential districts, not to exceed four times and 72 hours each per calendar year.

(b) No more than two signs, not to exceed four square feet each, per sale shall be permitted. The signs shall be removed within 24 hours after the end of the garage sale.

(3) Real estate offices. Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new residential development shall be permitted only until the sale or lease of all dwelling units within the development has taken place.

(4) Christmas tree sales.

(a) Christmas tree sales for a time period not to exceed 45 days.

(b) Display of Christmas trees shall comply with setback requirements of these regulations.

(5) Carnivals, circuses, festivals.

(a) Open-air carnivals, circuses and festivals for a time period that does not exceed seven days.

(b) Structures or equipment that might block the view of operators of motor vehicles on adjacent public streets shall not be located within 30 feet of the intersection of the curb line of any two streets.

(c) Carnivals, circuses, and festivals in residential districts shall be permitted only if adequate parking and access are available.

(6) Contractor’s offices. Contractor’s office, trailer and equipment shed (containing no sleeping or cooking accommodations) accessory to a construction project, are allowed and can continue only during the duration of the project and removed within 30 days after the completion of the construction project.

(7) Storage areas.

(a) Outdoor storage of construction materials without fencing or screening is permitted as a temporary use in any district provided a current zoning permit is in effect and the storage is on the property for which the permit has been issued.

(b) Storage shall include only material to be used on site and shall not include discarded material or other debris.

(8) Other temporary uses. Other temporary uses that are similar in character to those listed above.

(Ord. 1227-98, passed 1-12-1999; Am. Ord. 1574-11, passed 6-14-2011) Penalty, see § 153.999

§ 153.160 YARD MODIFICATIONS.

(A) Supplementary yard requirements.

(1) Irregular side yards.

(a) For lots in which the side wall of an existing building is not parallel with the side lot line, the side yard width shall be considered the average width of the yard as measured between the building and the property line at the smallest and largest point.

(b) The average width of the side yard shall be not less than the required least width and shall not be narrower at any point than 1/2 the otherwise required least width.

(c) This requirement notwithstanding, no new addition to any building shall encroach upon the minimum required side yard.

(2) Average front yard setbacks. No front yard setback depth shall be required to exceed the average minimum depths of the existing front yards on the lots adjacent each side if each of the lots are within the same block and within 100 feet of each other.

(3) Lots with more than one street frontage. Lots with frontage on more than one street shall meet the requirements for front setbacks on all street frontages.

(B) Projections into yards. There may be projections into required yard areas as follows.

(1) Architectural features such as canopies, cornices, eaves and other similar features may project into the required yard a distance of not more than two feet, six inches. The projections may include satellite dishes attached to the building provided they do not project into the required yard more than two feet, six inches from the wall to which they are attached.

(2) Outside stairs and landings, except for fire escapes, with or without cover, may project into the required front, rear or side yard a distance not more than six feet.

(3) Fire escapes may project into the required yard not more than four feet, six inches.

(4) Any structure that rises more than one foot above ground level must meet all required yard setbacks. Structures or facilities that are less than one foot above ground level, such as patios, terraces, porches without railings, decks without railings, and similar structures, may be located in required side and required rear yards provided they are not closer than six feet to any adjacent property line. If located closer than eight feet to any adjacent property line, they shall be screened along that property line by a hedge or fence not less than six feet in height and maintained in good condition.

(5) Front porches with railings may project into the required front yard a distance not to exceed six feet, provided it is open on three sides, except for railings or banisters.

(6) Bay windows, balconies, oriel windows and chimneys may project into any required yard for a distance not to exceed three feet, provided, however, that the aggregate width of the projection does not exceed 1/3 of the length of the wall upon which it is located.

(Ord. 1227-98, passed 1-12-1999 ; Am. Ord. 1574-11, passed 6-14-2011) Penalty, see § 153.999

§ 153.161 RESIDENTIAL DESIGN AND APPEARANCE STANDARDS.

Single-family, two-family and multiple-family residential dwellings, whether of modular or site-built construction, shall comply with the following design and appearance standards.

(A) The structure shall be installed upon and properly attached to a foundation system that provides adequate support of the structure’s vertical and horizontal loads and transfers these and other imposed forces, without failure, from the structure to the undisturbed ground below the frost line.

(B) Minimum roof pitch requirements entailing a four-inch vertical rise for each 12 inches of horizontal run.

(C) Roof material shall be wood shingle, wood shake, synthetic or composite shingle, ceramic tile, concrete tile, asphalt, metal or fiberglass shingles (no corrugated metal or corrugated fiberglass).

(D) Exterior siding shall be one or a combination of materials such as brick, stone, stucco, clapboard or clapboard-simulated vinyl or metal, wood shingles, shakes, or similar material (no smooth, ribbed, or corrugated metal, fiberglass, or plastic); siding must extend to the ground level, or to the top of the foundation when a solid concrete or masonry perimeter foundation is used.

(E) Structure size shall be a minimum width of 24 feet.

(F) Enclosed garages with overhead doors for single-family and two-family residences for each dwelling are required on all new structures.

(Ord. 1498-07, passed 7-24-2007)

§ 153.162 FREESTANDING OUTDOOR FURNACES PROHIBITED.

(A) Definition. FREESTANDING OUTDOOR FURNACE means but is not limited to any device, apparatus, or structure or any part thereof:

(1) Designed to burn wood or other fuel, including but not limited to coal, paper or other agricultural products; and

(2) The unit is not located within a building intended for habitation by humans or domestic animals; and

(3) Which is installed for the primary purpose of combustion of such fuel to produce heat, energy, and/or hot water to be used as a component of a heating system which provides heat for any interior space.

(B) It shall be unlawful to install or operate a free-standing outdoor furnace, or to cause or permit installation or operation of a free-standing outdoor furnace within the village.

(C) This section shall in no way be construed, nor is the same intended, to prohibit the installation, operation, or use of exterior chimneys, stove pipes, or similar apparatuses that are otherwise in conformity with other federal or state laws, rules, or regulations constituting any part of any interior furnace system, interior stove system, interior fireplace system, or operation of any system that provides the exhaust of waste heat, smoke, or similar substances from interior spaces.

(D) This section shall not apply to any free-standing outdoor furnace that was installed, connected and operating as of the effective date of this section. However, this section shall not be deemed as specific authorization for the use of any pre-existing free-standing outdoor furnace and shall not be deemed to bar, limit, or otherwise affect the rights of any person to take legal action regarding damage or nuisance caused by the use of a free-standing outdoor furnace.

(E) No existing free-standing outdoor furnace in existence on the effective date of this section shall be replaced or upgraded.

(Ord. 1540-09, passed 8-11-2009) Penalty, see § 153.999

§ 153.163 REGULATING WIND TURBINES WITHIN THE VILLAGE LIMITS.

(A) Definition. WIND TURBINE means but is not limited to:

(1) A device designed to generate electricity for personal use; and

(2) Towers or other structures used to support wind turbines; and

(3) Any apparatuses associated with the operation of wind turbines.

(B) Wind turbines must be located on the owner of the wind turbines’ property and follow the following setback requirements: Wind turbines must be placed one and one-half times the overall height of the structure from neighboring property lines, rights-of-way, or utility lines or structures.

(C) All property owners must receive the necessary state and local permits as well as any other permits required for the proper installation and operation of the wind turbine.

(D) Wind turbine towers with guide wires will not be permitted.

(E) Decibel readings from all wind turbine equipment must be below 80 decibels.

(Ord. 1552-09, passed 12-21-2009) Penalty, see § 153.999