A home occupation shall be permitted in any dwelling, provided that such occupation:

(a)

Is conducted by no other persons than members of the family residing on the premises.

(b)

Is conducted entirely out-of-sight of neighboring properties within the principal building or customarily accessory structure.

(c)

Utilizes not more than 25 percent of the total floor area of the principal building.

(d)

Produces no alteration or change in the character or exterior appearance of the principal building from that of a dwelling.

(e)

Involves no sale or offering for sale of any article not produced or assembled by members of the family residing on the premises.

(f)

Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, parking problem, voltage fluctuation, radio or television interference, open storage of materials or stock, unhealthy or unsightly condition.

(g)

Is not visibly evident from outside the dwelling except for a sign no larger than one square foot in size.

Applications for a home occupation business shall be submitted to the city clerk. City council shall make a determination whether or not the impact of the business on the residential area requires a public hearing. If council requires a public hearing, the city clerk shall set a date for a public hearing by the council. The notice for the public hearing shall be published ten days in advance.

(Ord. of 9-16-1982; Ord. of 11-1-2007(2))

Cross reference— Business and business regulations, ch. 18.

In addition to the principal uses, each of the following uses is considered to be a customary accessory use, and as such, may be situated on the same lot with the principal use or uses to which it serves as an accessory provided that setback and yard requirements are met.

(801.01) Uses customarily accessory to dwelling.

(a)

Private garage not to exceed the following storage capacities: one- or two-family dwelling, four automobiles; multifamily dwelling, two automobiles per dwelling unit; group dwelling, 1.5 automobiles per sleeping room.

(b)

Open storage space or parking area for motor vehicles provided that such space does not exceed the maximum respective storage capacities listed above.

(c)

Shed or tool room for the storage of equipment used in grounds or building maintenance.

(d)

Children's playhouse and play equipment.

(e)

Quarters for the keeping of pets owned by occupants for noncommercial purposes provided that such use does not generate a nuisance to adjoining properties.

(f)

Private swimming pool and bathhouse or cabana.

(g)

Structures designed and used for purposes of shelter in the event of manmade or natural catastrophes.

(h)

Noncommercial greenhouse or slat house and workshop.

(801.02) Uses customarily accessory to church buildings.

(a)

Religious education buildings.

(b)

Parsonage, pastorium, or parish house, together with any use accessory to a dwelling as listed above.

(c)

Off-street parking area for the use without charge of members and visitors to the church.

(d)

Cemeteries.

(801.03) Uses customarily accessory to retail business, office uses and commercial recreational facilities.

(a)

Off-street parking or storage area for customers, clients, or employee-owned vehicles.

(b)

Completely enclosed building for the storage of supplies, stock, or merchandise.

(c)

Light manufacturing and/or repair facility incidental to the principal use provided that dust, odor, smoke, noise, vibration, heat, or glare produced as a result of such manufacturing or repair operation is not perceptible from any boundary line of the lot on which said principal and accessory uses are located and provided such operation is not otherwise specifically prohibited in the district in which the principal use is located.

(801.[0]4) Uses customarily accessory to public uses, buildings, or activities. There shall be no limitations regarding accessory uses to any use, building, or activity operated within the public domain except that such uses, buildings, or activities must be directly related and subordinate to the principal public use.

(801.[0]5) Accessory caretaking/groundskeeping dwelling units. Subject to the granting of a conditional use permit by the board of appeals, accessory dwelling units which are occupied or designed to be occupied by nontransient groundskeepers or caretakers employed by the owner or operator of property located in all zoning districts excepting R-1 and R-2 zones, said dwellings being located either on the same property as the principal use of the owner or operator, or on any property contiguous thereto titled in the same owner.

(Ord. of 11-6-1997, § 1)

Areas suitable for parking or storing automobiles in off-street locations shall hereafter be required in all districts, except in the R-1 [C-1], central business district, at the time of the initial construction of any principal building; or when a structural alteration or other change in a principal building produces an increase in dwelling units, guestrooms, floor area, seating or bed capacity or when a conversion in use occurs. Such off-street parking spaces shall have direct access to a street or alley and shall be provided and maintained in accordance with the following requirements:

(802.1) Parking space area requirements. Including aisles, entrances and exits, each required off-street parking area, lot or other facility shall contain a minimum of 200 square feet of space for each automobile to be accommodated. There shall be adequate ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or loading spaces. Such access drive shall not be less than ten feet in width.

(802.2) Location on other property. If the required automobile parking space cannot reasonably be provided on the same lot on which the principal use is conducted, such spaces may be provided on the other off-street property provided such property lies within 500 feet of the main entrance to such principal use. Such automobile parking space shall not thereafter be reduced or encroached upon in any manner.

(802.3) Common off-street parking areas. Two or more principal uses may utilize a common area in order to comply with off-street requirements, provided that the total number of individual spaces available in such common area is not less than the sum of the spaces required for the individual uses as separately computed in accordance with the provisions of this section, and provided that the owner of said lot relinquish[es] his development rights over the property until such time as parking space is provided elsewhere.

(802.4) Screening of parking lots. Off-street parking lots, whether public or private, for more than five vehicles shall be effectively screened by a fence, wall, or evergreen plant material located within or visible from a PEH, R-1, R-2, PUD, or O-I zoning district meeting the following standards:

(a)

If located adjacent to one of the aforementioned zoning districts or if located adjacent to a thoroughfare as shown on the comprehensive plan, the last ten feet adjoining such district and adjoining such thoroughfare right-of-way shall be developed as a planted landscape buffer with plant materials to be installed and maintained by the property owner.

(b)

A landscape planting plan is to be submitted to the building inspector and approved prior to the issuance of a land use permit. Installation of plant materials or other screening devices shall have been completed prior to the issuance of a certificate of occupancy.

(c)

Plant materials shall consist of at least one tree with a minimum trunk caliper of two inches for each 25 lineal feet of buffer screen.

(d)

Where healthy trees or other native plant material exists on a site prior to its development, islands and buffers of such material shall be incorporated into the parking lot design with special attention to the saving and preservation of trees with [a] trunk caliper of four inches or more.

(e)

An overall minimum average of one tree as described above occupying a planting space of 64 square feet shall be furnished for each ten cars on the interior and for each five cars on the perimeter of the parking lot.

(802.5) Access to parking lots. A plan of entrances, exits, and stormwater drainage shall be submitted to the building inspector and approved prior to the issuance of a land use permit for off-street parking lots, whether public or private, for more than five vehicles. Installation of entrances, exits, and drainage systems shall have been completed prior to the issuance of a certificate of occupancy. Unless special circumstances make it impractical, curb cuts not wider than 24 feet for entrances into or exits from parking lots shall be no closer than 100 feet apart measured from centerline to centerline.

(802.6) Extension of parking space into a residential district. Required parking space may extend up to 300 feet into an adjoining residential district, provided that:

(a)

It has its access to or fronts upon the same street as the property in the commercial or industrial district for which it provides the required parking space.

(b)

It is separated from abutting properties in the residential district by a ten-foot wide buffer strip, screened and maintained by a fence, wall, or evergreen plant material.

Cross reference— Traffic, ch. 74.

Every lot on which a business, trade, or industry is hereafter established shall provide space as indicated herein for the loading and unloading of vehicles off the street. Such space shall have access to an alley or, if there is no alley, to a street. For the purpose of this section, an off-street loading space shall have the minimum dimensions of 12 feet by 40 feet and be clear and free of obstructions at all times. Required space shall be considered as follows:

(a)

Retail business, one space for each 5,000 feet of gross floor area.

(b)

Wholesale, industrial, governmental, and institutional uses, including public assembly places, hospitals and educational institutions, one space for the first 25,000 square feet of total floor area. For anything in excess of 25,000 square feet, such uses shall provide loading spaces according to the following schedule:

Cross reference— Traffic, ch. 74.

No major recreational equipment such as boats, travel trailers, and recreational vehicles shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such uses.

No automotive vehicles or trailers of any kind or type without current license plates shall be parked or stored on any residentially zoned property other than in completely enclosed buildings.

Mobile homes placed on individual lots and not in a mobile home park shall meet the following requirements:

(a)

Mobile home placement. Mobile home pillars, or piers, shall be provided not more than ten feet on-center or less beginning from the front of the mobile home. Pillars or piers shall be placed upon reinforced concrete pads having minimum dimensions of 16 inches by 16 inches by four inches.

(b)

Anchoring. All mobile homes shall be anchored to the unit being occupied or used in any other way. The anchoring system shall be designed to resist a minimum wind velocity of 90 miles per hour.

(c)

Stability. All mobile homes shall, prior to occupancy or other use, be stabilized in such a way so as to prevent tilting of the unit. No mobile home shall permanently rest on wheels used to transport it.

(d)

Skirts. All mobile homes shall, prior to occupancy or other use, have skirts installed that are designed to compliment the appearance of the mobile home and are coordinated throughout the park or subdivision.

Cross reference— Manufactured homes, ch. 42.

Refer to chapter 42 of the Code of Ordinances.

Cross reference— Manufactured homes, ch. 42.

Refer to the Subdivision Ordinance of the City of Bloomingdale.

Cross reference— Subdivisions, app. B.

In addition to any other restriction as may be provided elsewhere in the city's zoning code, the following restrictions shall apply to retail establishments buying and selling used and secondhand household goods, furniture, appliances, equipment, tools, wearing apparel, collector items, and all other tangible personal property except automobiles:

(a)

No sale and/or display for sale of used or secondhand articles shall be permitted without such articles first having been thoroughly fumigated, disinfected, renovated, and cleansed.

(b)

Where such an establishment is located in a C-1 zoning district or a zoning district of a more restrictive zoning classification, the conducting of business shall be restricted to under the roof of the principal building on the property; there shall be no sale, display, or storage of secondhand or used articles beyond the roof cover of such building.

(c)

In all districts of a less restrictive zoning classification than C-1 within which secondhand retail establishments are permitted, there shall be no sale, display, or storage, of secondhand or used articles in front of the building setback line for the property whereon the establishment is located.

(Ord. of 4-17-1997, § 1)

Cross reference— Business and business regulations, ch. 18.

A mobile home may be utilized as a hardship secondary dwelling on a single-family residential lot outside of mobile home parks provided that the following conditions are met:

(1)

The zoning board of appeals must find that a hardship situation exists because of a medical disability and that the hardship mobile home unit will not adversely affect the adjoining and surrounding properties. The disability shall be established by a certification of a licensed physician. The definition of "medical disability" for the purpose of this article is a medically demonstrably disability which is permanent and which renders the disabled individual incapable of performing for himself/herself every day essential activities such as dressing, preparing meals, bathing, and taking medication.

(2)

A permit for the hardship secondary mobile home dwelling shall be issued by the zoning board of appeals and shall be valid only for six months. Said permit may be renewed by request of the holder in the form of a petition requesting a six-month extension by the zoning board of appeals. Such requests shall include a statement by a licensed physician that such medical disability continues to exist.

(3)

The hardship mobile home dwelling must be placed on a tract of land at least 15,000 square feet in size.

(4)

The hardship mobile home dwelling must be in the rear yard behind the primary single-family detached dwelling unit on the lot and shall house either the disabled individual, a member of the disabled person's immediate family, or a legally appointed guardian for the disabled individual.

(5)

No additions shall be made to any hardship mobile home dwelling.

(6)

A hardship use mobile home shall be located on the tract of land in a manner consistent with the location of buildings on adjoining lots.

(Ord. of 11-18-1999(2), § 810; Ord. of 3-20-2003, §§ 1, 2(810))

(a)

Definition. For purposes of interpreting this section, the term "fence" shall mean any vertical structure, other than a building or plant material, which is erected for the purpose of obstructing visual observation, or for the purpose of obstructing pedestrian, automotive, or animal movement, or for the purpose of beautification, and which is attached to the ground or to a building.

(b)

Permit required. Fences and walls exceeding three feet in height require a fence permit. No fence or wall exceeding three feet in height shall be erected without first obtaining a fence permit. Every application for a fence permit shall be on forms provided by the building inspector and shall be accompanied by a nonrefundable fee as set forth in the schedule of fees and charges in the office of the city clerk. The building inspector shall issue the fence permit if he finds that the proposed fence complies with all the requirements of this section. In addition to a fence permit, fences and walls exceeding six feet in height require a building permit. A wall built of approved masonry materials and used as a fence shall be constructed in compliance with the building code.

(c)

Fences and walls in residential zoning districts. Fences and walls located in residential zoning districts shall be subject to the following restrictions:

(1)

No fence or wall shall be erected, placed, or otherwise installed in the front yard between the property line and the minimum building setback line.

(2)

On corner lots, no fence or wall shall be erected, placed, or otherwise installed nearer to the street than the minimum front setback line on both streets.

(3)

Any fence which extends into the permitted portion of the front yard shall not exceed four feet in height, except fences enclosing stormwater facilities which may not exceed six feet in height.

(4)

No wall or fence shall exceed eight feet in height within a side or rear yard.

(5)

No wall or fence constructed of woven wire or metal fabric (chainlink, hog wire, or barbed wire) shall extend into the permitted portion of a front yard, except fences enclosing stormwater facilities.

(6)

No wall or fence may be constructed of exposed concrete block, tires, roofing tin, junk or other discarded materials.

(7)

Any wall or fence which extends into any permitted portion of the front yard on property less than five acres shall be ornamental or decorative and constructed of brick, stone, wood, stucco, wrought iron, split rail, or vinyl.

(8)

If fences are constructed of wood other than cypress or cedar, the fence surfaces shall be painted a neutral earth-tone color or stained. If a wooden fence has only one finished face, the finished side shall face the exterior property line.

(9)

Any subdivision entrance, wall, or fence located on commonly used private property shall not exceed eight feet in height and shall be subject to approval by the planning commission after the submission to the commission of a site plan.

(10)

Electric aboveground fences shall be prohibited in residential zoning districts.

(11)

All swimming pools shall be completely enclosed by a fence at least four feet in height or a screen enclosure. Openings in the fence shall not permit the passage of a six-inch diameter sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates. Walls and fences erected for the specific purpose of providing security for accessory recreational uses, such as swimming pools and tennis courts, may be ten feet in height provided such fence shall be set back at least one foot from the property line for each foot it exceeds six feet in height, and provided such accessory recreational use is located within a rear yard. All of the provisions pertaining to fences, including design and location, shall apply.

(12)

Paragraphs (c)(1), (c)(2), (c)(5), (c)(7), (c)(8), and (c)(10) shall not apply to lots which exceed five acres and where the fence in question is being used exclusively for agricultural purposes.

(d)

Fences in commercial, office-institutional, and industrial districts. Fences and walls located in any commercial, office-institutional, or industrial district shall be subject to the following restrictions:

(1)

No fence or wall shall be erected, placed, or otherwise installed on any lot nearer to any street than the minimum building front setback line. Walls and fences shall be setback at least five feet from the property lien when abutting a residential district or a permitted residential use, the setback area being maintained as a landscaped area.

(2)

On corner lots, no fence or wall shall be erected, placed, or otherwise installed nearer to the street than the minimum front setback line on both streets.

(3)

Walls and fences erected in commercial and office-institutional districts shall not exceed eight feet in height and in industrial districts shall not exceed ten feet in height. Notwithstanding, walls and fences located adjacent to a residential zoning district or to a permitted residential use shall not exceed eight feet in height along rear and side yards or six feet in height in front yards. If such fences are constructed of wood other than cypress or cedar, the fence surfaces shall be painted or stained. If such fences are constructed of concrete block, the block shall be painted or stuccoed.

(4)

Walls and fences erected in commercial or industrial districts for enclosure, retaining, or concealment purposes (as opposed to decorative purposes) shall be solid or visually opaque and constructed so as to prevent the passage of debris or light, and constructed of materials which are of a uniform shape, color, and design.

(5)

Barbed wire or razor wire may only be used for security purposes in commercial and industrial zoning districts along the top of a fence if such fence is six feet or greater in height, and/or for agricultural purposes.

(6)

In commercial zoning districts, if a fence is constructed of metal, the metal shall be of an ornamental or decorative type.

(7)

Walls and fences erected in commercial or office-institutional zoning districts for enclosure, retaining, or concealment purposes shall be constructed of either brick, stone, architectural tile, masonry units, slatted wood, or other similar material (not including chainlink or other fence wire except as permitted by Code section 809 [811](d)(5)). Walls and fences erected in industrial districts for enclosure, retaining, or concealment purposes shall be constructed of all fencing materials permitted in commercial districts, as well as chainlink or other fence wire (excluding barbed/razor wire, the use of which is limited by Code section 809 [811](d)(5)), and sheetmetal which may be used when the fence is not abutting or adjacent to a residential zoning district or a permitted residential use, and is not located in a front yard.

(e)

Conformance period.

[A.]

Any fence and/or wall existing upon the effective date of this ordinance which does not meet the standards and provisions for fences and walls as provided for herein may be allowed to stay erected except that the non-conforming fence or wall will not be:

(1)

Reerected after being taken down for 60 days or more.

(2)

Repaired, rebuilt, or altered after damage exceeding 50 percent of its replacement cost at the time of damage, reconstruction to begin six months after damage is incurred.

(3)

Permitted to remain after 180 days from the change of ownership of the property whereon the fence is located.

[B.]

A variance may be granted in the manner provided by the city's Code to grant a time extension in specific instances for compliance with the provisions of this section. Such variance shall only be granted if the applicant demonstrates:

(1)

That the granting of a time extension will not be detrimental to persons or property in the neighborhood.

(2)

That the granting of a time extension is not contrary to the intent of this section.

(3)

That the granting of a time extension will alleviate a hardship on the applicant.

(f)

Variances in general. The board of appeals shall be authorized to grant general variances to the requirements of this section.

(g)

Temporary walls and fences. This section shall not prohibit the erection of temporary fences for construction sites or similar activities where approved by the city clerk for a specified period of less than 18 months.

(h)

Maintenance. All walls or fences shall be properly maintained by the owner. Any missing or damaged parts shall be replaced. Painted surfaces shall be repainted and stucco surfaces repaired as necessary to maintain a finished appearance. Weed growth shall be controlled along the structure and within an appropriate area surrounding the structure.

(Ord. of 2-6-2003(1), § 1)