Bennettsville City Zoning Code

GENERAL REGULATIONS

§ 152.085 NONCONFORMING USES.

(A) The regulations set forth in this subchapter supplement or modify the district regulations set forth in §§ 152.020 through 152.030.

(1) Nonconforming use may be continued. Except as otherwise provided herein, the lawful use of land or buildings existing at the effective date of this chapter may be continued although such does not conform to the provisions hereof. Except as provided in the section, the nonconforming use may not be enlarged, extended, reconstructed or structurally altered except in compliance with the provisions of this chapter.

(2) Change of nonconforming use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same classification. Whenever a nonconforming use of land or building has changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restrictive use.

(3) Extension of use within existing building. The nonconforming use of a building may be hereafter extended throughout those parts of a building which are primarily arranged or designed for the use at the time of the enactment of this chapter.

(4) Buildings nonconforming in height, area, yard or bulk. A building nonconforming as to height, area, yard or bulk requirements may be altered or extended, provided the alteration or extension does not increase the degree of nonconformity in any respect.

(5) Discontinuance of nonconforming use. No nonconforming building or portion thereof in whole or in part in a residential district which remains idle or unused for a continuous period of 120 days, or which remains idle, unused or without utilities which are required by the International Property Maintenance Code in any other district for a period of 12 months, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which the building or land is located. No nonconforming mobile home on an individual lot or parcel shall be replaced by another nonconforming mobile home after removal or discontinuance of use for seven consecutive days. However, mobile homes in nonconforming mobile home parks or courts may be replaced as long as the total number of units does not exceed the total number in place at the time of enactment, amendment or revision of this chapter.

(6) Destruction of a nonconforming use. No building which has been damaged by any cause whatsoever to the extent of more than 50% of the fair market value of the building, immediately prior to the damage, shall be restored except in conformity with the regulations of this chapter and all rights as a nonconforming use are terminated. If a building is damaged by less than 50% of the fair market values, it may be repaired or reconstructed and used as before the time of damage, provided that the repairs or reconstruction be substantially completed within 12 months of the date of the damage. The provisions of this division shall not, apply to any bona fide residence, including mobile homes used for residential purposes. The uses may be reestablished regardless of the extent of damage.

(7) Intermittent use. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(8) Nonconforming lots of record. Where a lot of record at the time of the effective date of this chapter has less area or depth than herein required in the district in which it is located, and the owner of the lot does not own any other parcel or tract adjacent thereto, the lot may nevertheless be used, for any use permitted within the district in which it is located, provided that side yard setbacks shall not be reduced below five feet, rear yard setbacks below 15 feet or front yard setbacks below 35 feet except by a variance from the Board of Zoning and Housing Appeals.

(B) If, however, the owner of two or more adjoining lots, with insufficient land dimensions, decides to build on or sell off these lots, he must combine the lots to comply, with the dimensional requirements of the chapter.

(Ord. 94-06-01, passed 6-14-94; Am. Ord. 05-02-03, passed 2-15-05; Am. Ord. 13-05-001, passed 5-20-14)

§ 152.086 FLOOD HAZARD AREAS.

Notwithstanding the applicable provisions of this chapter, all proposed uses, buildings or structures within any established flood hazard area, as delineated on flood hazard area maps for the city, shall meet the additional requirements contained in the city’s flood hazard ordinance, 1987, as amended.

(Ord. 94-06-01, passed 6-14-94)

§ 152.087 MODIFICATIONS OF LOT AREA AND YARD REQUIREMENTS.

(A) Lot area requirements per unit shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.

(B) (1) Generally.

(a) Whenever a lot abuts upon an alley, half of the alley width may be considered as a portion of the required yard.

(b) Whenever more than one main building is to be located on a lot the required yards shall be maintained around the group buildings and buildings shall be separated by a horizontal distance that is at least equal to the height of the highest adjacent building, unless otherwise specified.

(c) Sills, belt courses, windows, air-conditioning units, chimneys, cornices and ornamental features may project into a required yard a distance not to exceed 24 inches.

(d) Filling station pumps and pump islands may occupy required yards, provided that they are not less than 15 feet from all lot lines.

(2) Front yards.

(a) The front yard setback requirements for dwelling shall not apply on any lot where the average setback of existing buildings located wholly or in part within 100 feet on each side of the lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required setback. In such cases, the setback on the lot may be less than the required setback but not less than the average of the setbacks of the aforementioned existing buildings.

(b) Where a lot fronts on two nonintersecting streets, front yards shall be provided on both streets.

(3) Side yards.

(a) Where a side yard abuts a street corner lot, the setback requirements shall be not less than 50% of the front yard required on the lot lying to the rear of the corner lot, no accessory building shall extend beyond the adjacent front yard setback.

(b) The minimum width of side yards for day and child care centers, churches, community buildings and other public and semi-public buildings in residential districts shall be 25 feet, unless otherwise specified.

(c) No side yards are required where dwellings are erected above commercial and industrial structures, except the side yard as may be required for a commercial or industrial use is contiguous to that of a residential district.

(d) Where the side yard of a commercial or industrial use is contiguous to that of a residential use in an A-1, A-2, A-3, A-4, or AC-1 district, the commercial or industrial use shall observe the minimum side yard setback for the district within which the residential use is located.

(4) Rear yards.

(a) Open fire escapes, outside stairways and balconies, air conditioning units and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than four feet may be permitted when so placed as to not obstruct light and ventilation.

(b) Where the rear yard of a commercial or industrial use is located contiguous to that of a residential use in an A-1, A-2, A-3, A-4 or AC-1 district, the commercial or industrial use shall observe the minimum rear yard setback for the district within which the residential use is located.

(Ord. 94-06-01, passed 6-14-94)

§ 152.088 VISIBILITY AT INTERSECTIONS.

On any corner lot in any district, except the C-1 district, no planting shall be placed or maintained and no fence, building, wall or other shall be constructed, after the effective date of this chapter, if the planting or structure thereby obstructs vision at any point between a height of 2½ feet and ten feet above the upper face of the nearest curb (or street center line if no curb exists) and within the triangular area bounded on two sides by the street right-of-way lines as required by the side triangular and vertical vision clearance illustration. However, poles and support structures less than 12 inches in diameter may be permitted in the areas.

(Ord. 94-06-01, passed 6-14-94)

§ 152.089 ACCESSORY BUILDINGS AND USES; APARTMENTS.

(A) (1) Generally.

(a) The number of accessory buildings shall not exceed two in any zoning district.

(b) Accessory buildings in residential districts shall not be used for storage in connection with a trade.

(2) Location in required yards.

(a) Off-street parking may be located in required yards in the ROI-1, C-2 and U-1 districts but not within five feet of a residential property line.

(b) Signs may be located in required yards in all zoning districts, but no closer than five feet to any property or street right-of-way line.

(c) Accessory buildings, including garages, carports, domestic kennels, storage sheds, and the like, may be located in required rear and side yards only; provided the uses shall be located no closer than five feet to any property line.

(d) Swimming pools, tennis courts and recreational uses may be located in all required yards. The uses shall be no closer than ten feet to the nearest residential property line, nor the deck of the pool any closer than five feet, and shall have all lighting shielded or directed away from adjoining residences.

(e) Satellite dishes, ham radio towers and ground supported television antennas may be located in required yards; provided that the uses shall observe a ten-foot setback from all residential property lines however, no use shall be located in front of any dwelling or building in the A-1, A-2, A-3, A-4, ROI-1 or MH-l districts.

(B) An accessory apartment, where permitted by this chapter, shall meet the following requirements:

(1) The principal structure or dwelling must be owner-occupied.

(2) The apartment, whether attached or detached, cannot exceed 50% of the gross floor area of the principal dwelling, or contain more than two bedrooms.

(3) The apartment must be a complete living space, with kitchen and bathroom facilities separate from the principal unit.

(4) The apartment shall be accessory only to a single-family dwelling, and not more than one apartment shall be allowed per dwelling or lot.

(5) The lot size shall be at least 50% greater where an accessory apartment is proposed than the minimum required lot area for the district in which the lot is located.

(6) The apartment shall meet all yard and setback requirements and, where detached from the principal dwelling, shall be set back not less than ten feet from the principal dwelling.

(7) Evidence of the accessory apartment should not be apparent from the street.

(8) A third off-street parking space shall be required.

(Ord. 94-06-01, passed 6-14-94)

§ 152.090 ACCESS TO STRUCTURES REQUIRED.

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to any approved private street, and all structures shall be so located as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(Ord. 94-06-01, passed 6-14-94)

§ 152.091 PARKING AND STORAGE OF CERTAIN VEHICLES.

(A) Recreational vehicles and equipment. No major recreational vehicles or equipment shall be parked or stored in any required front or side yard extending beyond the front of the structure or setback area in a residential district. The equipment, however, may be parked anywhere on residential premises for a period not to exceed 24 hours during loading or unloading. No equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for the uses.

(B) Non-recreational vehicles and equipment.

(1) No automobile, truck or trailer of any kind or type, without current license plates, shall be parked, and construction equipment shall not be stored on any lot zoned for residential use, other than in completely enclosed buildings, or screened from vision from the public street serving the property.

(2) Parking or vehicles, implements and/or equipment used for commercial, industrial, farm or construction purposes in residential districts shall be limited to one vehicle per residence, and shall weigh no more than 2½ tons.

(3) Vehicles with a gross weight in excess of 2½ tons and used for commercial, industrial, farm or construction purposes are prohibited from parking in residential districts including the street or highway right-of-way in the districts, when not actively involved in commerce.

(Ord. 94-06-01, passed 6-14-94; Am. Ord. 10-01-01, passed 1-19-10) Penalty, see § 152.999

§ 152.092 TEMPORARY USES.

(A) Uses may be permitted by the Building Official, subject to the conditions attached thereto:

(1) Religious meetings in a tent or other temporary structures in the C-2 district for a period not to exceed 45 days;

(2) Open lot sales of Christmas trees, in the C-2 and U-1 districts for a period not to exceed 45 days;

(3) Contractor’s office and equipment shed in any district for a period covering construction phase of the project, not to exceed one year; provided that the office be placed on the property to which

it is appurtenant; and

(4) Real estate office in conjunction with a major project, 50 or more lots, provided the office is removed when 75% of the lots are sold or developed.

(B) All temporary use permits may be renewed without limitation, provided the use is clearly of a temporary nature, will cause no traffic congestion, nor create a nuisance to surrounding uses.

(Ord. 94-06-01, passed 6-14-94)

§ 152.093 ANNEXED PROPERTY.

All territory which may hereafter be annexed into the city shall be zoned A-1 unless at the time the application for annexation is filed, the applicant(s) request an alternative zoning classification. In such case(s), the matter shall be referred to the Planning Commission for review and recommendation to City Council as to the request and the type of zoning for the area to be annexed. The City Council shall then act on the zoning request at the time it rules on the annexation.

(Ord. 94-06-01, passed 6-14-94)

§ 152.094 USE OF LAND OR STRUCTURES.

(A) No land or structure shall be used or occupied, and no structure or portions thereof shall be constructed, erected, altered or moved, unless in conformity with all of the regulations specified for the district in which it is located.

(B) No structure shall be erected or altered:

(1) With greater height, size, bulk or other dimensions;

(2) To accommodate or house a greater number of families;

(3) To occupy a greater percentage of lot area; and

(4) To have narrower or smaller rear yards, front yards, side yards or other open spaces than required by this chapter, or in any other manner than contrary to the provisions of this chapter.

(1) Institutional buildings;

(2) Industrial buildings;

(3) Multi-family dwellings;

(4) Commercial buildings;

(5) Planned development projects; and

(6) Mobile home parks.

(D) Where more than one principal building is located on a lot, the required setbacks for the district shall be maintained along all property lines.

(E) (1) The minimum yards, parking spaces and open spaces required by these regulations for each building existing at the time of the passage of this chapter shall not be encroached upon, reduced or considered as required yards, parking or open space for any other building, except as otherwise provided herein.

(2) Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(Ord. 94-06-01, passed 6-14-94)

§ 152.095 BUFFER AREAS.

(A) Definition. A buffer area is a unit of yard, together with plantings, fences, walls and other screening devices required thereon.

(B) Purpose. The purpose of a buffer area is to ameliorate nuisances between adjacent land uses and streets, and promote land use compatibility. Additionally, the buffer area is designed to safeguard property values and preserve the character and ambience of the city.

(C) Location. Buffer areas shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. They shall not be located on any portion of an existing street or right-of-way; however, they may occupy part or all of any front, side or rear yard or setback required by this chapter. Where required, buffer areas and/or buffer area structures shall be developed as an integral part of the proposed use.

(D) Design standard. Three types of buffer areas are required by this chapter, Type A, Type B and Type C.

(1) Type “A” buffer area.

(a) The Type A area consists of low density landscaping between a proposed use and the adjacent street, providing separation between the two.

(b) The buffer area shall be a minimum width of five feet. Per 100 lineal feet of frontage, the buffer area shall consist of a combination of not less than 12 ornamental shrubs, two understory trees and landscaped grass areas, or other appropriate ground cover. The shrubs may be clustered to ensure their survival. An example site plan is illustrated by Appendix E.

(2) Type “B” buffer area.

(a) The Type B area is a medium density screen intended to block visual contact between uses and to create spatial separation. The buffer area shall be a minimum width of ten feet. Per 100 lineal feet the screen shall consist of a combination of two deciduous trees planted 40 to 60 feet on center and eight evergreen plants ten feet on center.

(b) An example site plan is illustrated by the diagram in Appendix E.

(3) Type “C” buffer area.

(a) The Type C area is a high density screen intended to exclude all visual contact between uses and to create a spatial separation. The buffer area shall be a minimum width of 15 feet. Per 100 lineal feet, the screen shall consist of a combination of two deciduous trees planted 40 to 60 feet on center and 17 evergreen plants or understory trees planted in a double staggered row ten feet on center.

(b) An example site plan is illustrated by the diagram in Appendix E.

(E) Determination of buffer area requirements. Buffer areas shall be required under the following circumstances.

(1) Wherever a multi-family complex, mobile home park or non-residential use is proposed, a Type A area shall be provided along with street right-of-way boundary of the proposed use, separating it from the adjoining street, except for driveways and visibility angles.

(2) Wherever a mobile home park, multi-family or townhouse project, mini-warehouse, institutional or commercial use is proposed for a site or lot adjoining a single-family residential use in a residentially-zoned district with an intervening public or private street or right-of-way of 18 feet or greater, a Type B area shall be provided along the boundary of the adjoining residential property line. A Type B buffer area also shall be required between the above listed residential and non-residential uses.

(3) Wherever an industrial, warehouse, outdoor storage or related use is proposed for a site or lot adjoining any residential use in a residentially zoned district with no intervening public or private street or right-of-way of 18 feet or greater, a Type C buffer area shall be provided along the boundary of the residential property line.

(F) Buffer area specifications.

(1) Minimum installation size. At installation or planting, all evergreen (understory) trees and/or shrubs used to fulfill buffer area requirements shall be not less than six feet in height, and all deciduous (canopy) trees shall be not less than eight feet in height, except for ornamental shrubs for Type A buffer areas, which may be used.

(2) Minimum mature size. At maturity, evergreen plant material used for screening shall form a continuous opaque screen averaging ten feet in height, and deciduous plant material used for screening shall average 25 feet in height.

(3) Staggered planting. Where required, evergreen and deciduous plant material shall be planted in at least two rows and in an alternating fashion to form a continuous opaque screen of plant material.

(G) Substitutions. The following substitutions shall satisfy the requirements of this section:

(1) Existing plant materials. Existing trees of four inches DBH (Diameter Breast High) or more in diameter, within the required buffer area may be included in the computation of the required buffer area planting, with approval of the Building Official.

(2) Fence or wall.

(a) Where, owing to existing land use, lot size or configurations, topography or circumstances peculiar to a given piece of property, the buffer area requirements of this section cannot reasonably be met, the developer(s) may request and the Building Official may approve the substitution of appropriate screening, in the way of a fence or wall structure along the property line of the proposed use in accord with the provisions of this division.

(b) A six-foot fence or wall, as illustrated below, may be substituted for a Type B buffer areas, and an eight-foot fence may be substituted for a Type C buffer area.

(c) All fences and walls used as part of the buffer area requirements must have a finished side that is facing adjoining property. The interior side of the fence or wall may be finished as owner deems appropriate. Where fences or walls are proposed by the developer, but not required by the applicable buffer area requirements, they shall be established along the inside line of the buffer areas, toward the proposed use, except for ornamental fences, which may be built on the property line.

(H) Responsibility. It shall be the responsibility of the proposed new use to provide the buffer area where required by this chapter, except that no new detached single-family use or duplex shall be required to provide the buffer area.

(I) Required maintenance. The maintenance of required buffer areas shall be the responsibility of the property owner. All areas shall be properly maintained so as to ensure continued buffering. All planted areas shall be provided with an irrigation system or a readily available water supply to ensure continuous healthy growth and development. Dead trees shall be removed. Debris and litter shall be cleaned and berms, fences and walls shall be maintained at all times. Failure to do so is a violation of this chapter, and may be remedied in the manner prescribed for other violations.

(J) Use of buffer areas. A buffer area may be used for passive recreation. No plant material may be removed. All other uses are prohibited.

(Ord. 94-06-01, passed 6-14-94) Penalty, see § 152.999

§ 152.096 SCREENING AND LANDSCAPING; TREE PROTECTION.

(A) Screening.

(1) Definition. “Screening” is a type of buffer that is designed to block or obscure a particular element, or use from view.

(2) Purpose. The purpose of screening is to minimize if not eliminate entirely the visual impact of potentially unsightly open storage areas and refuse disposal facilities.

(3) Where required. Screening specified by this section shall be required of all open storage areas visible from any public street, including boats, trailers, building materials, appliances, container- sized trash, salvage materials and similar unenclosed uses.

(4) Type required. Screening shall be accomplished by an opaque divide not less than six feet high. Screening may be accomplished by the use of sight obscuring plant materials (generally evergreens), earth berms, walls, fences, building parapets, proper siting of disruptive elements, building placement or other design techniques approved by the Building Official.

(B) Landscaping.

(1) Definition. Landscaping is a type of open space permanently devoted and maintained for the growing of shrubbery, grass, other plants and decorative features to the land.

(2) Purpose. The purpose of landscaping is to improve the appearance of vehicular use areas and property abutting public rights-of-way; to protect, preserve and promote the aesthetic appeal, scenic beauty, character and value of land in the city; to promote public health and safety through the reduction of noise pollution, storm water run off, air pollution, visual pollution and artificial light glare.

(3) Where required. No proposed multi-family or non-residential use shall hereafter be established and subsequently used unless landscaping is provided in accord with the provisions of this section. No existing building, structure or vehicular use area shall be expanded or enlarged unless the minimum landscaping required by the provisions of this section is provided to the extent of the alteration or expansion. Landscaping is not required for existing uses.

(4) Landscaping plan. A landscaping plan shall be submitted as part of the application for a building permit. The plan shall:

(a) Designate areas to be reserved for landscaping. The specific design of landscaping shall be sensitive to the physical and design characteristics of the site.

(b) Indicate the location and dimensions of landscaped areas, plant materials, decorative features, and the like.

(5) Landscaping requirements. Required landscaping shall be provided as follows:

(a) Along the outer perimeter of a lot or parcel, where required by the buffer area provisions of this chapter, to separate incompatible land uses. The amount specified shall be as prescribed by § 152.095.

(b) Within the interior, peninsula or island type landscaped areas shall be provided for any open vehicular use area containing 20 or more parking spaces. Landscaped areas shall be located in a manner as to divide and break up the expanse of paving and at strategic points to guide travel flow and directions. Elsewhere, landscaped areas shall be designed to soften and complement the building site.

1. Institutional uses shall have 20% of the interior lot landscaped.

2. Industrial/wholesale/storage uses shall have 5% of the interior lot landscaped.

3. Office uses shall have 10% of the interior lot landscaped.

4. Commercial/retail/service uses shall have 8% of the interior lot landscaped.

(d) Buffer area landscaping may provide up to 50% of the above requirement. Landscaping along exterior building walls and structures is suggested to separate with greenery the building from the vehicular surface area.

(6) Landscaped areas.

(a) All landscaped areas in or adjacent to parking areas shall be protected from vehicular damage by a raised concrete curb or an equivalent barrier of six inches in height. The barrier need not be continuous.

(b) Landscaped areas must be at least 25 square feet in size and a minimum of three feet wide to qualify.

(c) Landscaped areas adjacent to parking spaces shall be landscaped so that no plant material greater than 12 inches in height is located within two feet of the curb or other protective barrier. Plant material greater than 12 inches in height would be damaged by the automobile bumper overhang or by doors swinging open over the landscaped area.

(7) Required maintenance. The maintenance of required landscaped areas shall be the responsibility of the property owner. All areas shall be properly maintained so as to assure their survival and aesthetic value, and shall be provided with an irrigation system or a readily available water supply. Failure to monitor the areas is a violation of this chapter, and may be remedied in the manner prescribed for other violations.

(1) Definition. Common open space is land and/or water bodies used for recreation, amenity or buffer. It shall be freely accessible to all residents of a development, where required by this chapter. Open space shall not be occupied by buildings or structures, roads, parking or road right-of-way; nor shall it include the yards or lots of residential dwelling units required to meet minimum lot area or parking area requirements.

(2) Purpose. The purpose of this section is to ensure adequate open space for high density residential development; to integrate recreation, landscaping, greenery and/or natural areas into the projects; to promote the health and safety of residents of the projects; and to compensate for the loss of

open space inherent in single-family residential projects.

(3) Where required.

(a) The following uses/projects consisting of nine or more units shall provide open space and/or landscaping in the amounts prescribed:

1. Cluster developments, 15%.

2. Townhouse projects, 15%.

3. Mobile home parks, 15%.

4. Multi-family projects, 20%.

(b) Landscaped open areas provided to meet the requirements of division (B) above may be applied toward meeting the above requirements if held in common ownership.

(c) No new development, building or structure in connection with the above shall hereinafter be erected or used unless common open space is provided in accord with the provisions of this section.

(d) No existing development, building or structure in connection with the above shall be expanded or enlarged unless the minimum common open space required by the provisions of this section are provided to the extent of the alteration or expansion.

(4) Common open space plan. Proposed uses/projects set forth in division (C)(3) above shall submit an open space or landscaping plan as part of the application for a building permit. The plan shall:

(a) Designate areas shall be reserved as open space. The specific design of open space shall be sensitive to the physical and design characteristics of the site.

(b) Designate the type of open space which will be provided, and indicate the location of plant materials, decorative features, recreational facilities, and the like.

(5) Types of common open space; required maintenance. The types of common open space which may be provided to satisfy the requirements of this chapter together with the maintenance required for each are as follows:

(a) Natural areas are areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands and wetlands are specific types of natural areas. Maintenance is limited to removal of litter, dead trees, plant materials and brush. Natural water courses are to be maintained as free-flowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain

levels.

(b) Recreation areas are designed for specific active recreational uses such as tot lots, tennis courts, swimming pools, ballfields and similar uses. Recreational areas shall be accessible to all residents of the development. Maintenance is limited to ensuring that there exists no hazards, nuisances or unhealthy conditions.

(c) Greenways are linear green belts linking residential areas with other open space areas. These greenways may contain bicycle paths, footpaths, and bridle paths. Connecting greenways between residences and recreational areas are encouraged. Maintenance is limited to a minimum of removal and avoidance of hazards, nuisances or unhealthy conditions.

(d) Landscaped areas, lawns and required buffer areas including creative landscaped areas, with gravel and tile, so long as the tile does not occupy more than 2% of the required open space. Lawns, with or without trees and shrubs shall be watered regularly to ensure survival, and mowed regularly, to ensure neatness. Landscaped areas shall be trimmed, cleaned and weeded regularly.

(6) Preservation of open space.

(a) Land designated as common open space may not be separately sold, subdivided or developed open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved and maintained as required by this section by any of the following mechanisms or combinations thereof:

1. Dedication of and acceptance by the city;

2. Common ownership of the open space by a homeowner’s association which assumes full responsibility for its maintenance; or

3. Deed restricted, private ownership which shall prevent development and/or subsequent subdivision of the open space land and provide the maintenance.

(b) In the event that any private owner of open space fails to maintain same, the city may in accordance with the open space plan and following reasonable notice, demand that deficiency of maintenance be corrected, and enter the open space to maintain same.

(c) The cost of the maintenance shall be charged to those persons having the primary responsibility for maintenance of the open space.

(D) Tree protection.

(1) Purpose. The purpose of this section is to prevent the clear cutting of building sites, a practice which destroys the balance of nature, leads to sedimentation and erosion, contributes to air and water pollution and unnecessarily robs the community of valuable natural resources.

(2) Existing trees.

(a) Because any healthy tree greater than 12 inches DBH (Diameter Breast High) is a valuable natural resource, by virtue of its age and size and its contribution to the environment, all trees meeting this measurement shall be protected to the extent practical and feasible.

(b) All existing trees measuring 12 inches DBH or more, not in the proposed buildable area or driveway, shall be flagged and shown on the required plat or site plan for a building permit.

(c) No more than 25% of the trees shall be felled and removed, except by order of the Board of Zoning and Housing Appeals owing to unique circumstances surrounding the development of the property.

(d) Where, due to unusual topographic conditions or circumstances peculiar to a given site, more than 25% of the trees to be preserved must be felled, replacement trees measuring not less than two inches DBH shall be planted in like number. To the extent possible, the trees shall be integrated into the required landscaping.

(3) Development precautions.

(a) After the necessary permit approvals have been granted, and before any site work has begun, the developer shall cause protected trees to be marked with surveyor’s flagging.

(b) During development, a minimum protective zone, marked by barriers, shall be established (erected) at the “drip line” and maintained around all trees to be retained as required by this section.

(Ord. 94-06-01, passed 6-14-94; Am. Ord. 05-02-03, passed 2-15-05)

Cross-reference:

Landscaping and Screening, see Appendix F

§ 152.097 IMPERVIOUS SURFACE STANDARDS.

(A) (1) Impervious surfaces are those that do not absorb water.

(2) All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete and asphalt are considered impervious surfaces within this definition. The impervious surface ratio is a measure of the intensity of land use. It is determined by dividing the total area of all impervious surfaces within the site by the total site area.

(B) The purpose of impervious surface standards is to reduce the impact of storm water runoff created by development. By requiring on-site permeable areas, lot-line-to-lot-line “black topping” is declared by this chapter to be an unacceptable practice.

(1) Single-family/two-family:

(a) A-1 district, 50%.

(b) All other districts, 60%.

(2) Multi-family and other, 65%.

(3) Institutional, 65%.

(4) Commercial/business:

(a) C-1 district, 100%.

(b) All other districts, 80%.

(5) Industrial/warehousing/storage, 75%.

(Ord. 94-06-01, passed 6-14-94)

§ 152.098 BED AND BREAKFAST INNS.

Bed and breakfast inns, where permitted by this chapter, shall meet the following requirements:

(A) The uses shall be allowed only in older residential structures that are recognized as architecturally, historically or culturally significant and that, through renovation and use as a bed and breakfast inn, will contribute significantly to the ambience, character or economic revitalization of the neighborhood.

(B) The architectural integrity and arrangement of existing interior spaces must be maintained, except as may be required to meet health, safety and sanitation requirements.

(C) Minimal outward modification of the structure or grounds may be made only if the changes are compatible with the character of the area or neighborhood.

(D) The proposed uses shall be submitted to the Planning Commission for review and approval prior to the issuance of a permit for same.

(Ord. 94-06-01, passed 6-14-94)

§ 152.099 TOWNHOUSES.

Due to the unique design features of townhouses, the dimensional requirements of the districts in which they may be located are hereby waived and substituted by the following design requirements:

(A) Townhouse projects shall have a minimum of 0.5 acre.

(B) No more than eight and no fewer than three townhouses may be joined together, with approximately the same (but staggered) front line.

(C) Side yard setbacks at the end unit shall be as required for the district in which the project is to be located, with not less than 20 feet setback between buildings in the project area.

(D) Rear yard setbacks shall be 20 feet.

(E) Minimum lot width shall be 18 feet.

(F) Sidewalks not less than three feet in width shall be provided along the front property line of each project.

(G) Impervious surface area shall not exceed 65% of a townhouse lot, on average, except where a minimum of 20% of the project area is in common open space. In such instances, impervious surface areas may increase to 85% of a townhouse lot, on average.

(H) Maximum height of buildings shall not exceed 35 feet.

(I) Front yard setbacks shall be 20 feet, but may be waived or modified by the Planning Commission due to the unique style of the housing.

(J) Rear yards shall be enclosed by a six-foot wall or fence, unless used for parking, and may include one accessory building no greater than 1,000 square feet in GFA.

(Ord. 94-06-01, passed 6-14-94)

§ 152.100 PATIO AND ZERO LOT LINE HOUSING PROJECTS.

Due to the unique design features of patio and zero lot line housing, the dimensional requirements of the districts in which they may be located are hereby waived and substituted by the following design requirements:

(A) Projects shall have a minimum of 1.5 acres.

(B) Minimum lot area per unit shall be 3,000 square feet, on average.

(D) Maximum height of buildings shall not exceed 35 feet.

(E) Where a unit is to be constructed at or on the property line, a five-foot maintenance easement shall be provided on the adjoining lot.

(F) A minimum patio or yard area of 700 square feet shall be provided on each lot, not more than 15% of which shall be impervious to water.

(G) At least one side yard extending not less than five feet from the property line shall be provided. Where a second side yard is provided, though not required, it too shall have a minimum width of five feet.

(H) The side yard of the exterior units shall be ten feet, from the “outside” property line.

(I) Rear yard setbacks shall be not less than ten feet.

(J) Front yard setbacks shall be 25 feet, but may be waived or modified by the Planning Commission due to the unique style of the housing.

(Ord. 94-06-01, passed 6-14-94)

§ 152.101 HORSE STABLES.

Owing to environmental consequences of keeping horses in residential areas, and elsewhere in the community, horse stables, pens and areas for keeping horses shall meet the following requirements:

(A) The lot or parcel shall have a minimum width of 200 feet and a minimum area of three acres, plus one additional acre for each horse or horse stall over three.

(B) The lot must be designed and maintained to drain so as to prevent ponding and propagation of insects.

(C) The lot must be designed and maintained so as to prevent the pollution by drainage of adjacent streams and other water bodies.

(D) The premises must be maintained in a sanitary condition through the proper use of lime and pesticides.

(E) The premises must be maintained by keeping manure piles in covered containers at least 50 feet from any dwelling or any pool, patio or other recreational structure on an adjoining lot and at least 25 feet from any property line.

(F) All manure must be removed at least twice weekly so as to prevent propagation of flies and creation of odors.

(G) All grain on the lot must be stored in rodent proof containers.

(H) All feed spillage on the lot must be promptly removed so as to prevent attraction of flies, rodents and birds and creation of odors.

(I) The exercise and training areas on the lot must be dampened so as to prevent dust.

(J) Prompt veterinary care and services must be provided for sick horses and sick horses shall be removed promptly when deemed necessary by a licensed veterinarian.