Burton City Zoning Code
TITLE THREE
Zoning Regulations
1131.01 DISTRICTS ESTABLISHED.
The incorporated area of the Village is hereby divided into the following ten districts:
S-1 | Special District |
R-1 | Suburban Residence District |
R-2 | Residence District |
R-3 | Multiple Residence District |
R-4 | Multiple Condominium Residence District |
B-1 | Central Business District |
B-2 | Highway Business District |
M-1 | Industrial District |
M-2 | Industrial District |
M-3 | Industrial Park District |
In addition to these classifications, parts of the Village are also classified as a Historic District. Property within the Historic District is subject to the provisions of Chapter 159 of the Village’s Codified Ordinances in addition to the regulations in this Zoning Code.
(Ord. 2253-13. Passed 3-25-13.)
1131.02 DISTRICT MAP.
The boundaries of the districts are shown upon the Official District Map which is made a part of the Zoning Ordinance. The District Map and all the notations, references and other information shown thereon are a part of the Zoning Ordinance and have the same force and effect as if the District Map and all the notations, references and other information shown thereon were all fully set forth or described therein. The original District Map is properly attested and on file with the Clerk-Treasurer.
(a) No amendment to the Zoning Ordinance which involves matter portrayed on the Official District Map shall become effective until after such change and entry has been made on the Map. The Mayor is responsible for delegating a councilman and/or the Engineer to keep the Map up-to-date.
(b) No changes of any nature shall be made in the Official District Map or matter shown thereon except in conformity with the procedures set forth in the Zoning Ordinance.
(c) Regardless of the existence of purported copies of the Official District Map which may from time to time be made or published, the Map, which shall be located in the office of the Clerk-Treasurer shall be the final authority as to the current zoning status of land and water areas, buildings and other structures.
(d) In the event that the Official District Map becomes damaged, destroyed or lost, Council may, by resolution, adopt a new Map which shall supersede the prior Map. The new Map may correct drafting or other errors or omissions in the prior Map, but no such corrections shall have the effect of amending the original Zoning Ordinance or subsequent amendments thereof.
(Ord. 914. Passed 11-8-66.)
1131.03 DISTRICT BOUNDARIES.
(a) The district boundary lines on the District Map are intended to follow either streets or service street or lot lines; and where the districts designated on the Map are bounded approximately by such street, alley or lot lines, the street or service street or lot shall be construed to be the boundary of the district, unless such boundary is otherwise indicated by dimensions noted on the Map. In the case of unsubdivided property, the district boundary lines shall be determined by dimensions appearing on the Zoning District Map.
(b) Whenever any street, service street, or other public way is vacated by official action of Council, the zoning district adjoining each side of such street, service street or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth by subject to all appropriate regulations of the extended districts. (Ord. 914. Passed 11-8-66.)
1131.04 COMPLIANCE WITH REGULATIONS.
The regulations set by the Zoning Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
(a) No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
(b) No building or other structure shall hereafter be erected or altered:
(1) To exceed the height requirements;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area; or
(4) To have narrower or smaller rear yards, front yards, side yards or other open spaces;
than herein required; or in any other manner contrary to the provisions of the Zoning Ordinance.
(c) No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with the Zoning Ordinance, shall be included as part of a yard, open space or off- street parking or loading space similarly required for any other building.
(d) No yard or lot existing at the time of passage of the Zoning Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the Zoning Ordinance shall meet at least the minimum requirements established by the Zoning Ordinance.
(Ord. 914. Passed 11-8-66.)
1131.05 NONCONFORMING USES.
(a) Any lawful use of any dwelling, building, structure or land existing at the effective date of the Zoning Ordinance may be continued, even though such use does not conform to the provisions hereof. A nonconforming use of a building may only be changed to a conforming use. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed again to a nonconforming use. The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of the Zoning Ordinance.
(b) Whenever the use of a building or land becomes nonconforming through a change in the Zoning Ordinance or in the district boundaries, such use may be continued.
(Ord. 914. Passed 11-8-66.)
(c) A nonconforming use of a building or land or portions thereof which are hereafter voluntarily discontinued for a continuous period of one year or more shall not again be used except in conformity with the regulations of the district in which such building or land is located.
(Ord. 1694-91. Passed 11-25-91.)
(d) Any building arranged, intended or designed for a nonconforming use, the construction of which has been started at the time of the passage of the Zoning Ordinance, but not completed, may be completed and put into such nonconforming use, provided it is done within one year after the Zoning Ordinance takes effect.
(e) A nonconforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than sixty percent (60%) of its reproduction value at the time of damage, as determined by the Building Inspector, shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than sixty percent (60%) of its reproduction value, a nonconforming building may be repaired or reconstructed and used as before the time of the damage, provided such repairs or reconstruction are completed within one year of the date of such damage.
(f) The floor area of a building or structure or any land area devoted to a lawful nonconforming use at the time the Zoning Ordinance takes effect may not be altered or enlarged so as to extend the nonconforming use a total of more than ten percent (10%) of the floor area or land area in nonconforming use at the effective date of the Zoning Ordinance.
(g) Nothing in this section shall be deemed to prevent normal maintenance and repair of a building or structure containing a nonconforming use. Structural alterations may be made to a building or structure containing a nonconforming use as follows:
(1) When required by law.
(2) Pursuant to the provisions of subsection (f) hereof.
(3) To convert to a conforming use.
(h) Nonconforming trailers or mobile homes located on a lot in any district once removed shall not be relocated on such lot and shall not be replaced with another trailer or mobile home. (Ord. 914. Passed 11-8-66.)
1131.06 TRAFFIC VISIBILITY ACROSS CORNER LOTS.
In any district on any corner lot, no fence, structure or planting shall be erected or maintained within twenty feet of the "corner" of intersecting right-of-way lines at the height of more than three feet above curb or street grade or so as to interfere with traffic visibility across the corner.
(Ord. 914. Passed 11-8-66.)
1131.07 PENDING APPLICATION FOR BUILDING PERMITS.
Nothing contained in this chapter shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approval and required building permits have been granted before the enactment of the Zoning Ordinance, the construction of which, conforming with such plans, shall have been started prior to the effective date of the Zoning Ordinance and completion thereof carried on in a normal manner within the subsequent one year period and not discontinued until completion, except for reasons beyond the builder's control.
(Ord. 914. Passed 11-8-66.)
1131.08 AGRICULTURE. (REPEALED)
1135.01 INTERPRETATION.
The permitted, conditional and accessory uses for each district are shown in Section 1135.03. Uses not specifically listed or interpreted by the Board of Zoning Appeals to be included categorically under this chapter shall not be permitted except by amendment to the Zoning Ordinance.
(Ord. 1251-82. Passed 2-15-82.)
1135.02 COMPLIANCE WITH SCHEDULE REQUIRED.
Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained, in whole or in part in all zoning districts only for the uses set forth in the schedule in Section 1135.03 and the following regulations:
(a) The main buildings and uses set forth as permitted uses in Section 1135.03, shall be permitted by right as the principal building or use of a lot only in a district in which it is specifically permitted.
(b) The accessory buildings and uses set forth as a permitted accessory use in Section 1135.03 and further regulated in subsequent sections, shall be permitted as a subordinate building or use if it is clearly incident to and if located on the same lot as the main building or use.
(c) The conditional uses set forth as such in Section 1135.03 shall not be permitted by right; such uses may be permitted under specific conditions or prohibited in certain locations by the Board of Zoning Appeals after making a determination for conformance with standards set forth in Section 1151.02. If approved, a conditional use permit shall be granted.
(Ord. 914. Passed 11-8-66.)
1135.03 SCHEDULE OF USES.
District | Permitted Uses | Accessory Uses | Conditional Uses Requiring Board Approval |
S-1 District |
Parks
Agriculture
Public Uses
Semipublic uses
Essential services |
Park shelter
Barns |
Specialized animal raising and care
Public service facility
Recreational facility
Cemetery
Hotel/conference center
|
R-1 Suburban Residence |
Single-family dwelling
Essential services |
Garages
Gardens |
Public uses
Semipublic uses
Public service facility
Noncommercial recreational facility
Specialized animal raising and care
Home occupations
Nursing homes
Roadside stands
Plant cultivation
|
R-2 Residence |
Single-family dwelling
Essential services |
Garages
Gardens |
Public uses
Semipublic uses
Public service facility
Noncommercial recreational facilities
Nursery school
Home occupations
Roadside stands
Plant cultivation
|
R-3 Multiple Residences |
Single-family dwelling
Two-family dwelling
Multiple family dwellings if the conditions of Chapter 1185 of the Zoning Code are met
Essential services |
Garages
Gardens |
Public uses
Semipublic uses
Noncommercial recreational facilities
Nursery school
Child care clinic
Home occupation
Bed and Breakfast (Homestay)
Plant cultivation
|
(Ord. 1251-82. Passed 2-15-82; Ord. 1374-85. Passed 8-19-85; Ord. 1695-91. Passed 11-25-91; Ord. 1905-97. Passed 6-23-97; Ord. 2308-16. Passed 10-24-16; Ord. 2391-20. Passed 1-25-21.)
District | Permitted Uses | Accessory Uses | Conditional Uses Requiring Board Approval |
R-4 Condominium Residence | Single-family dwellings and two-family dwellings held in condominium ownership if the conditions of Chapter 1185 of the Zoning Code are met. Plant cultivation | Garages Gardens | None |
(Ord. 1857-95. Passed 11-20-95.)
District | Permitted Uses | Accessory Uses | Conditional Uses Requiring Board Approval |
B-1 Central Business | Retail business Personal services Business services Professional activities Commercial schools Offices and banks Restaurants Public uses Semipublic uses Social activities Essential services Hotels Residential use* | Taverns Wholesale business Sale or storage of building material Motels Recreational Facilities Entertainment facilities Computerized internet sweepstakes cafes Animal Care Facility | |
B-2 Highway Business | Gasoline stations Restaurants Motels and hotels Public uses Social activities Essential services Automotive sales Automotive repair Tourist homes Mortuaries Professional activities Municipal maintenance Residential use* | Semipublic uses Taverns Wholesale business Sale or storage of building material Contracting firms Recreational facilities Entertainment facilities Drive-in commercial uses Retail business |
*On floors other than basement and the ground floor of any structure.
(Ord. 1857-95. Passed 11-20-95; Ord. 2051-02. Passed 12-16-02; Ord. 2052-02. Passed 12-16-02; Ord. 2231-11. Passed 12-12-11; Ord. 2391-20. Passed 1-25-21.)
District | Permitted Uses | Accessory Uses | Conditional Uses Requiring Board Approval |
M-1 Industrial | Research and testing facilities Offices Agriculture Essential services | Signs | Public service facilities Restaurants Animal hospital or clinic |
M-2 Industrial | Light manufacturing Printing Research and testing facilities Offices Public service facilities Essential services Contracting firms Agriculture Municipal maintenance facilities | Sale and storage of building material Warehouses Signs | Transport and trucking terminals Restaurants Wholesale business Sand and gravel extraction Mineral extraction, storage and processing Warehousing Food processing |
(Ord. 914. Passed 11-8-66; Ord. 1695-91. Passed 11-05-91.)
District | Permitted Uses | Accessory Uses | Conditional Uses Requiring Board Approval |
M-3 Industrial Park | Research and testing facilities which do not create or not likely to create conditions such as smoke, fumes, noise, odors, dust or radiation detrimental to the health, safety or general welfare of the community Enclosed light manufacturing which do not create or not likely to create conditions such as smoke, fumes, noise, odors, dust, or radiation detrimental to the health, safety or general welfare of the community. Assembly plants which do not create or not likely to create conditions such as smoke, fumes, noise, odors, dust or radiation detrimental to the health, safety or general welfare of the community Business offices | Warehouses and signs | Nursing home |
(Ord. 1251-82. Passed 2-15-82.)
1139.01 GENERALLY.
1139.02 HEIGHT, LOT AREA AND FLOOR AREA REQUIREMENTS FOR RESIDENTIAL USE.
District | Maximum Height of Buildings | Minimum Width of | Minimum Residential Floor Area in Sq. Ft. Per Family | ||||||||
Stories | Feet | Minimum Depth of Front Yard (a) | Either Side | Sum of Both Side Yards | Minimum Depth of Rear Yard | Minimum Lot Area Per Family | Minimum Lot Frontage (ft.) | One Story Only (sq. ft.) | More Than One Story (sq. ft.) | Per Family (sq. ft.) | |
R-1 Suburban Residential | a. Individual Sewage Disposal and Water Supply System | ||||||||||
2-1/2 | 35 | 60 | 15 | 35 | 45 | 87,120 | 150 | 1,500 | 1,700 | 1,500 | |
b. Community or Group Sewage Disposal and Water System | |||||||||||
2-1/2 | 35 | 60 | 15 | 35 | 45 | 30,000 | 125 | 1,500 | 1,700 | 1,500 | |
R-2 Residence | a. Individual Sewage Disposal and Water Supply System - Single Family | ||||||||||
2-1/2 | 35 | 50 | 10 | 35 | 45 | 87,120 | 150 | 1,500 | 1,700 | 1,500 | |
b. Group Sewage Disposal with Individual Water Supply or Individual Sewer Disposal with Group Water Supply - Single Family | |||||||||||
2-1/2 | 35 | 45 | 10 | 30 | 40 | 21,800 | 100 | 1,400 | 1,500 | 1,400 | |
c. Community or Group Sewage Disposal and Water Supply system - Single Family | |||||||||||
2-1/2 | 35 | 45 | 10 | 25 | 35 | 14,500 | 100 | 1,400 | 1,500 | 1,300 | |
R-3 Mult. Dw. | Community or Group Sewage Disposal and Water Supply System | ||||||||||
Single Family | 2-1/2 | 35 | 45 | 10 | 25 | 30 | 14,500 | 100 | 1,300 | 1,500 | 1,300 |
Two Family | 2-1/2 | 35 | 45 | 10 | 25 | 30 | 10,000 | 100 | 1,000 | 1,200 | 1,000 |
Mult. Fam. | 2-1/2 | 35 | 45 | 10 | 25 | 30 | 10,000 | 125 | (g) | (g) | (g) |
R-4 Res. Condo. | Community or Group Sewage Disposal and Water Supply System | ||||||||||
Single Family | 2-1/2 | 35 | 45 | 30 | 75 | 30 | 14,500 | 100 | 1,300 | 1,500 | 1,300 |
Two Family | 2-1/2 | 35 | 45 | 30 | 75 | 30 | 10,000 | 100 | 1,000 | 1,200 | 1,000 |
(Ord. 1581-89. Passed 11-20-89; Ord. 1695-91. Passed 11-25-95; Ord. 1857-95. Passed 11-20-95.)
1139.03 HEIGHT AND LOT AREA REQUIREMENTS FOR BUSINESS AND INDUSTRIAL USES.
District | Stories | Feet | Min. Depth of Front Yard (feet) | Either side (feet) | Sum of Both Side Yards (feet) | Min. Depth of Rear Yard (feet) | Max. Percentage of Lot Coverage by Buildings | Max. percentage of lot coverage including building and storage areas and other improvements other than active or passive recreational areas | Min. District Area (acres) | Min. Lot Area (acres) | Min. Lot Frontage (feet) |
B-1 Central Business b/ | 3 | 35 | a/ None | 5/* | 10 | 4/** | e/ | ||||
B-2 Highway Business b/ | 3 | 35 | 50 | 20 | 40 | 25d/ | 40% | ||||
M-1 Industrial b/ | 3 | 35 | 50 | 20f/ | 50 | 10 d/ | 40% | ||||
M-2 Industrial b/ | 3 | 35 | 100 | 20f/ | 50 | 10d/1 | 40% | ||||
M-3 Industrial Park b/ | 3 | 35 | 200 | 30f/ | 70 | 50d/ | 10% | 30% | 5 | 200 |
* Except that a side yard of not less than 20 feet in width shall be provided on the side of a lot adjoining a Residential District.
** Except a rear yard of not less than 20 feet in a B-1 District is required where a lot abuts upon a Residential District.
(Ord. 1251-82. Passed 2-15-82; Ord. 1374-85. Passed 8-19-85; Ord. 2050-02. Passed 12-16-02.)
1139.04 HEIGHT AND LOT AREA REQUIREMENTS FOR SPECIAL USES
District | Stories | Feet | Min. Depth of Front Yard (feet) | Either side (feet) | Sum of Both Side Yards (feet) | Min. Depth of Rear Yard (feet) | Max. Percentage of Lot Coverage by Buildings |
S-1 Special b/1 | 3 | 35 | 50 | 20 | 40 | 40 | 25% |
(Ord. 1251-82. Passed 2-15-82.)
CHAPTER FOOTNOTES.
a/ A setback of 90 - foot depth from the highway centerline shall be required for all lots fronting on federal or State highways
b/ No residence permitted
c/ No side yard shall be required, except that a side yard of not less than 20 feet in width shall be provided on the side of lot adjoining a residential district. See Section 1147.08 for exceptions.
d/ A rear yard of not less than 20 feet in a “B-1" District not less than 50 feet in a “B-2" and 100 feet in an “M-1", “M-2" or “M-3" District is required where a lot abuts upon a residential district.
e/ A building may use any portion of a lot otherwise required for off-street parking.
f/ A side yard of not less than 100 feet is required where a lot adjoins a residential district. See Section 1147.08 for exceptions.
g/ Multiple Family Dwellings and
Multiple Family Dwellings in Condominium Ownership | Minimum Residential Floor Area per Family in Square Feet | ||
1 story only | More than 1 story | Per Family | |
With 3 or more bedrooms | 1,300 | 1,500 | 1,300 |
With 2 bedrooms | 1,100 | 1,300 | 1,100 |
With 1 bedroom | 1,000 | 1,200 | 1,000 |
(Ord. 1251-82. Passed 2-15-82; Ord. 1581-89. Passed 11-20-89.)
1143.01 OFF-STREET LOADING REQUIREMENTS.
(a) In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of 5,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods, display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space plus one additional such loading space for each 10,000 square feet or major fraction thereof of gross floor area so used.
(b) Each loading space shall be not less than ten feet in width, forty feet in length and fourteen feet in height.
(c) Subject to the limitations in Section 1143.04, such space may occupy all or any part of any required yard or court space.
(d) No such space shall be located closer than fifty feet to any lot in any "R" District unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted board fence not less than six feet in height.
(Ord. 914. Passed 11-8-66.)
1143.02 OFF-STREET PARKING SPACE REQUIREMENTS.
(a) General Requirements. In all districts, in connection with every industrial, business, institutional, recreational, residential or any other use, there shall be provided, at any time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the following requirements:
(1) Each off-street parking space shall have an area of not less than 180 square feet exclusive of access drives or aisles and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be less than 1,000 square feet in area.
(2) There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does not abut on a public or private service street or easement of access, there shall be provided an access drive not less than eight feet in width in the case of a dwelling and not less than eighteen feet in width in all other cases, leading to the parking or storage areas or loading or unloading spaces required hereunder in such manner as to secure the most appropriate development of the property in question, but except where provided in connection with a use permitted in an "R" District, such easement of access or access drive shall not be located in any "R" District. (Ord. 914. Passed 11-8-66.)
(b) Number of Spaces To Be Provided. In all districts there shall be provided at the time any building or structure is erected or structurally altered, except as provided in subsection (c)(4) hereof, off-street parking spaces in accordance with the following requirements:
Use | Parking Spaces Required |
Dwellings, including single-family and two-family dwelling and summer cottages | 1-1/2 for each dwelling unit |
Multi-family dwellings | 2 for each dwelling unit |
Multi-family dwellings held in condominium ownership | 2 for each dwelling unit |
Rooming or boarding house, tourist hotel or motel. | 1 for each sleeping room or suite |
Private club or lodge | 1 for each 5 members |
Church or temple | 1 for each 5 seats in main auditorium |
School (except high school or college) | 1 for each 10 seats in auditorium or main assembly room or one for each classroom, whichever is greater |
College or high school | 1 for each 3 seats in main auditorium or 3 for each classroom, whichever is greater |
Country club or golf club | 1 for each 5 members |
Community center, library, museum or art gallery | 10 plus 1 additional for each 300 square feet of floor area in excess of 2,000 square feet. |
Hospital, sanitarium, convalescent home, home for the aged or similar institution | 1 for each 3 beds |
Theater or auditorium (except school auditorium), sports arena stadium or gymnasium | 1 for each 5 seats or bench seating spaces |
Bowling lanes | 5 for each lane |
Mortuary or funeral home | 1 for each 30 square feet of floor space in parlors or individual funeral service rooms |
Restaurants, nightclubs, cafes including dance floors or similar recreation or amusement establishments | 1 for each 50 square feet of floor area |
Assembly or exhibition halls without fixed seats | 1 for each 100 square feet of floor area |
Retail store or personal service establishment except as otherwise specified herein | 1 for each 100 square feet of gross floor area |
Furniture or appliance store, hardware stores, wholesale establishments, machinery or equipment sales and service | 2 plus 1 additional for each 200 square feet of floor area over 1,000 square feet |
Printing or plumbing shop or similar service establishment | 1 for each 2 persons employed therein |
Manufacturing or industrial establishment, research or testing laboratory, cemetery, bottling plant, warehouse or similar establishment | 1 for each employee on the maximum working shift or 1 for each 250 square square feet of floor area, whichever provides a greater number of parking spaces |
(Ord. 1251-82. Passed 2-15-82.) | |
Hotel/conference center | 1 for each sleeping room or suite plus one for each employee plus one for each 200 square feet of floor area, exclusive of guest rooms. |
(Ord. 1905-97. Passed 6-23-97.) | |
Computerized internet sweepstakes cafe | One and one-half (1.5) spaces per computerized sweepstake device, plus one space for each employee on a single shift. |
(c) Rules Governing the Determination of the Number of Spaces. In computing the number of spaces required in subsection (b) hereof, the following rules shall govern:
(1) "Floor area" means the gross floor area of the specified use.
(2) Where fractional spaces result, the parking spaces required shall be construed to be the next highest number.
(3) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
(4) Whenever a building or use constructed or established after the effective date of the Zoning Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of the Zoning Ordinance is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, the building or use shall then and thereafter comply with the parking requirements set forth herein.
(Ord. 914. Passed 11-8-66.)
1143.03 SPECIAL PARKING PROVISIONS.
(a) All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 300 feet from an institutional building served and not to exceed 500 feet from any other nonresidential building served.
(b) Not more than fifty percent (50%) of the parking spaces required for:
(1) Theaters, bowling alleys, dance halls, nightclubs or cafes and up to one hundred percent (100%) of the parking spaces required for a church or school auditorium may be provided and used jointly by
(2) Banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in subsection (b)(1) hereof, provided, however, that written agreement thereto is properly executed and filed as specified in subsection (c) hereof.
(c) In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the Solicitor and executed by Council and shall be filed with the application for a building permit.
(Ord. 914. Passed 11-8-66.)
1143.04 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS.
Every parcel of land hereafter used as a public, commercial or private parking area shall be developed and maintained in accordance with the following requirements:
(a) Screening and Landscaping. Off-street parking areas for more than five vehicles shall be effectively screened on each side which adjoins or faces premises situated in any "R" District or institutional premises, by a masonry wall or solid fence. Such wall or fence shall be not less than four feet or more than six feet in height and shall be maintained in good condition without any advertising thereon. The space between such wall or fence and the lot line of the adjoining premises in any "R" District shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition. In lieu of such wall or fence, a strip of land not less than fifteen feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height may be substituted.
(b) Minimum Distance and Setbacks. No part of any parking area for more than five vehicles shall be closer than ten feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, unless screened by an unpierced masonry wall. If on the same lot with a main building the parking area shall not be located within the front yard or side street yard required for such building. In no case shall any part of a parking area be closer than five feet to any established street right of way. The wall or hedge required in subsection (a) hereof shall be set back from each street the same as if it were a building wall, so as to observe the front yard and side street yard requirements of the Zoning Ordinance.
(c) Surfacing. Any off-street parking area for more than five vehicles shall be graded for proper drainage and surfaced with an asphaltic or Portland cement binder pavement so as to provide a durable and dustless surface and shall be so arranged and marked as to provide for orderly and safe parking and storage of self-propelled vehicles. The foregoing surfacing requirements shall not apply to a parking area in an "M" District if more than 200 feet distant from any "R" District, except that a dustless surface shall be provided in any case.
(d) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any "R" District and shall be so arranged as to not interfere with traffic on any adjoining street.
(Ord. 914. Passed 11-8-66.)
(Ord. 914. Passed 11-8-66.)
1147.01 INTERPRETATION.
Requirements and regulations specified in the Zoning Ordinance shall be subject to the exceptions, modifications and interpretations set forth in this chapter.
(Ord. 914. Passed 11-8-66.)
1147.02 EXISTING LOTS OF RECORD.
In any district where dwellings are permitted a one-family dwelling may be erected on any lot of official records as of the effective date of the Zoning Ordinance, irrespective of its area or width, provided the owner of such lot does not own any adjoining property, except that no lot shall be deemed to be less than forty feet wide for the calculation of yard requirements and provided further:
(Ord. 1124-77. Passed 8-18-77.)
(a) The sum of the side yard widths on any such lot need not exceed thirty percent (30%) of the width of the lot, but in no case shall the width of any side yard be less than ten percent (10%) of the width of the lot; provided, however, that on a corner lot the width of the side yard adjoining the side street lot line shall not be less than eight feet or twenty percent (20%) of the frontage, whichever is the greater.
(b) The depth of the rear yard of any such lot need not exceed twenty percent (20%) of the depth of the lot, but in no case shall it be less than twenty feet.
(c) Where three or more contiguous unimproved lots of record with less than the required area and width are held by one owner, the Planning Commission may require replatting to fewer lots to permit compliance with minimum yard requirements. (Ord. 914. Passed 11-8-66.)
1147.03 HEIGHT.
(a) The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, grain elevators, silos, windmills, conveyors and flagpoles, except where the height of such structures will constitute a hazard to the safe landing and take-off of military, public commercial and private aircraft at an established airport, but the location of such structures shall be approved by the Planning Commission.
(b) Public, semipublic or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty feet and churches and temples may be erected to a height not exceeding seventy-five feet when the required side and rear yards are each increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located.
(Ord. 914. Passed 11-8-66.)
1147.04 FRONT YARDS.
(a) When fifty percent (50%) or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established, provided, however, that a front yard depth shall not be required to exceed fifty percent (50%) in excess of the front yard otherwise required in the district in which the lot is located.
(b) On lots having double frontage, the required front yard shall be provided on both streets.
(c) An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than ten feet, but this shall not be interpreted to include or permit fixed canopies.
(d) Filling station pumps and pump islands may be located within a required yard, provided they are not less than fifteen feet from any street line and not less than fifty feet from the boundary of any residential district.
(e) Off-street parking facilities may be located within the required front yard of a "B"or "M" District but shall not be nearer than fifty feet to any "S" or "R" District unless enclosed on all sides by a wall or uniformly painted board fence not less than six feet in height, and no off- street parking shall be permitted in the required front yard of any "S" or "R" District.
(Ord. 914. Passed 11-8-66.)
1147.05 SIDE YARDS.
(a) On a corner lot the width of the yard along the side street shall not be less than any required front yard on such street, provided, however, the buildable width of a lot of record shall not be reduced to less than forty feet.
(Ord. 914. Passed 11-8-66.)
(b) No accessory building shall project beyond a required yard line along any street or be closer than ten feet to any side lot line.
(Ord. 1034-74. Passed 2-19-74.)
(c) A canopy may project into a required side yard, provided every part of such canopy is unenclosed and not less than seven feet from any side lot line.
(d) For the purpose of side yard regulation, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot.
(e) An owner of a dwelling erected prior to the effective date of the Zoning Ordinance shall be permitted to enlarge or structurally alter such dwelling to provide additional enclosed space for living or garage purposes, provided, however, that no side yard shall be reduced to less than ten feet.
(f) Where a lot of record at the time of the effective date of the Zoning Ordinance is of less width than the minimum lot width required in the district in which the lot is located, the minimum side yard may be reduced to ten percent (10%) of the width of the lot, provided, however, that no side yard shall be less than five feet.
(Ord. 914. Passed 11-8-66.)
1147.06 REAR YARDS.
(a) Where a lot abuts upon a service street, one-half the service street width may be considered as part of the required rear yard.
(Ord. 914. Passed 11-8-66.)
(b) An accessory building, not exceeding twenty feet in height may occupy not more than thirty percent (30%) of the area of a required rear yard, and unenclosed parking spaces may occupy not more than sixty percent (60%) of the area of a required rear yard; but no accessory building shall be closer than ten feet to the main building nor closer than four feet to any rear lot line and no closer than fifteen feet from an existing adjacent residence.
(Ord. 1124-77. Passed 8-18-77.)
(c) The ordinary projections of sills, belt courses, cornices and ornamental features may extend to a distance not to exceed eighteen inches into a required yard.
(d) Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Zoning Inspector for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.
(Ord. 914. Passed 11-8-66.)
1147.07 BUILDINGS USED TO HOUSE ANIMALS.
Any building erected hereafter to house either farm animals or animals permitted under Section 1109.01(70) shall be located at least 100 feet from any building designed for human occupancy except for the owner of such animals or his tenant employee.
(Ord. 914. Passed 11-8-66.)
1147.08 SETBACK FROM PUBLICLY ESTABLISHED DRAINAGE DITCHES.
In all districts a setback of forty feet from the center line of a publicly established drainage ditch shall be provided for all buildings or structures erected along such ditch.
(Ord. 914. Passed 11-8-66.)
1147.09 LANDSCAPING AND SCREENING PROVISIONS.
For nonresidential uses abutting "S" or "R" Districts the minimum yards may be reduced to fifty percent (50%) of the stated requirements if acceptable landscaping or screening, approved by the Zoning Inspector, is provided. Such screening shall be a masonry or solid fence between four and six feet in height maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than fifteen feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height.
(Ord. 914. Passed 11-8-66.)
1147.10 FENCES IN RESIDENTIAL DISTRICTS.
(a) In residential districts fences shall be permitted not to exceed six feet in height along the rear line of a lot or parcel, nor over six feet high along the sideline of any lot or parcel, or parallel thereto and extending in no case beyond the front line of the main residential structure or forty-five feet from the right-of-way line, whichever is further from the right of way, with provision for screen planting sufficient to hide the fence from street view. Continuous fencing in height of at least four feet and no greater than eight feet in height shall be contained around all perimeters of in-ground swimming pools constructed after the effective date of this section.
(b) In the event stockade, board or similar fences having a finished and unfinished side are constructed, the finished side of the fence shall face towards contiguous adjoining properties and the unfinished side shall face towards the parcel upon which the fence is constructed.
(c) On corner lots with frontage on two streets, fences shall be no closer than forty-five feet from either right-of-way line nor extend further than the front building line of the main residential structure on the premises, whichever is further from the right of way. Any fence in a residential district shall be free of all advertising or other signs except signs of caution or warning. Any fence permitted in front of the required setback line, as a result of the positioning of a nonconforming structure, shall not exceed three feet in height in front of the required front of the required setback line. In the event that shrubbery or hedges or other similar landscaping is used in lieu of a fence, it shall comply with the same height and setback requirements as provided for fences, and shall be planted in the location so as not to overhang on any adjacent property.
(Ord. 1251-82. Passed 2-15-82.)
1147.11 FENCES IN BUSINESS AND INDUSTRIAL DISTRICTS.
Fences in business and industrial districts shall be permitted provided they comply with the regulations set forth in Section 1147.10 for height, screening, setback and shall be free of all advertising or other signs. The finished side of the fence shall be displayed as is required in residential districts and any fences on corner lots in business and industrial areas shall comply with the same regulations applicable in residential districts. In Central Business Districts no fence or hedge exceeding three feet in height will be permitted closer than forty-five feet from the right-of- way line.
(Ord. 1251-82. Passed 2-15-82.)
1147.12 FENCES IN SPECIAL DISTRICTS AND OTHER DISTRICTS.
Any fence to be constructed in a special district or any other district not otherwise regulated, shall comply with all regulations and restrictions governing fences in residential districts except that the Board of Zoning Appeals may permit, without public hearing provided that the written consent and waiver of hearing of the record of owner of each contiguous lot or parcel of land is filed with the Board, variances from the regulations of Section 1147.10 relative to fences as applicable herein.
(Ord. 1251-82. Passed 2-15-82.)
1151.01 REQUIREMENTS; APPLICATION.
(a) Conditional use permits shall be required for certain types of main uses, so classified because of their uncommon or unique characteristics, infrequency of occurrence, large area requirements or for other reasons; and such use shall not be permitted by right. The conditional uses enumerated throughout the Zoning Ordinance may, however, be permitted under specific conditions in the district enumerated or they may be prohibited by the Board of Zoning Appeals after making a determination for conformance with the following procedures and standards.
(b) Application for conditional use permits shall be made by the owner, lessee or developer of property and shall consist of such plans and/or drawings and/or a statement as necessary to fully describe all elements of the proposed use. Such data supplied with the permit application shall describe in detail the proposed use to the extent that the Board can have no doubt as to the development of the proposed use and can determine the effect upon surrounding properties, and further can evaluate the effect upon traffic, fire hazards, public utilities and the public health, safety and welfare. Application for such permits shall be made to the Board and it shall hold a public hearing thereon, notice of which shall be mailed to the property owners within 200 feet for the proposed use and further, notice of aforesaid public hearing shall be published in a newspaper of general circulation in the Municipality at least fifteen days prior to the hearing. (Ord. 914. Passed 11-8-66.)
1151.02 STANDARDS FOR EVALUATING CONDITIONAL USE PERMITS.
An application for a conditional use permit shall not be approved unless the Board of Zoning Appeals finds that it complies with the following conditions and standards.
(a) To be approved in a residential district, it shall be found that:
(1) The proposed use would be properly located in relation to any adopted land use and street plan, particularly in proper relation to the secondary and local street and pedestrian circulation pattern;
(2) The proposed use would generate an amount of traffic through a residential neighborhood which would not constitute a danger or nuisance to the residents if located along a local street;
(3) The proposed use is necessary to serve the surrounding residential areas, which neighborhood cannot be served satisfactorily if the same use is located in a nearby less restrictive district where it may be permitted by right; and
(4) The location, design and operation of such use would not discourage or interfere with the appropriate development or impair the value of the surrounding residential district.
(b) To be approved in a business, industrial or S-1 special district, it shall be found that:
(1) The proposed use is necessary to serve community needs, and existing similar facilities located in a less restrictive or more remote district in which the use may be permitted by right is inadequate;
(2) The proposed use would not be closer than that which would constitute a danger or nuisance to schools, churches and other places of assembly;
(3) The location, size, intensity and layout of the proposed use and operation would conform to the noise, smoke, dust, odors, fumes, vibrations and/or glare performance standards of the districts;
(4) The proposed use will form a harmonious part of the business or industrial district, considering such features as convenience of access and relationship of one use to another;
(5) Because of its limited size, modern processes or equipment the performance of the proposed use is such that it should properly be permitted in a less restrictive district than the district in which it is permitted by right;
(Ord. 914. Passed 11-8-66; Ord. 1905-97. Passed 6-23-97.)
(6) The hours of operation of the proposed use are similar to a use permitted in the district and that the proposed use will not generate more traffic than may be safely accommodated in the area;
(7) That the Village’s public utilities and streets shall be capable of accommodating such proposed use within current or reasonably anticipated capacities and shall not be adversely affected by such proposed use. The Zoning Board of Appeals shall seek input from the appropriate Village governmental bodies regarding such utilities and/or streets;
(8) The proposed use has obtained any necessary licenses, permits or other similar required approvals for operation from all necessary governmental bodies. (Ord. 1794-94. Passed 2-21-94.)
(c) To be approved in any residential zoning district, the proposed conditional use shall conform to the most restrictive height, lot area, front yard (minimum depth), side yard, rear yard (minimum depth), lot frontage, and, if applicable, minimum lot area per family, and minimum residential floor area per family requirements, all as set forth in Section 1139.02 of the Planning and Zoning Code.
To be approved in any business or industrial district, or special use district, a proposed conditional use shall conform to all height, front yard (minimum depth), side yard, rear yard (minimum depth), maximum percentage of lot coverage, the minimum district area, minimum lot area, and minimum lot coverage requirements as set forth in Sections 1139.03 and 1139.04, respectively, of the Planning and Zoning Code.
(d) For any category of height, lot area, or floor area requirements set forth in either Section 1139.02 or 1139.03 of this Zoning Code, where a particular minimum requirement of any such categories would not apply to the proposed conditional use (e.g., minimum lot area per family for a proposed conditional use which would not involve a family or families, as defined in this Code), the Board is empowered to establish reasonable minimum requirements for such proposed conditional use based upon:
(1) The existing comparable Regulations for the applicable zoning district as set forth in Chapter 1139.
(2) The character of the surrounding neighborhood and prevalent standards therein.
(3) The nature of the proposed use and the severity of the impact of such minimum requirements upon such proposed use.
(Ord. 1657-91. Passed 2-18-91.)
(e) In addition to the provisions of subsection (b) hereof, Computerized Internet Sweepstakes Café shall be subject to the following additional conditions:
(1) The Board shall consider the impact that the use will have on the adjacent properties, such as lighting, noise, signs, traffic and parking.
(2) All activities associated with the use shall be conducted in an enclosed building.
(3) The area of the premises upon which the Computerized Internet Sweepstakes Café is operated shall comply with the Codified Ordinances of the Village of Burton's regulations of computerized internet sweepstakes cafes.
(4) All computerized sweepstakes devices on the premises shall be identified in the application by manufacturer and serial number and listed in the approved zoning certificate.
(5) A. The premises shall be located more than 250 feet from a church, a public or private school, public park or playground, child care center or neighborhood center. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a computerized internet sweepstakes café is conducted to the nearest property line of the premises of a church, a public or private school, social services facility or neighborhood center, or to the nearest boundary of a public park or playground.
B. The use shall be located more than 300 feet from the closest boundary of a residential district within the Village, the lot line of a residential use or any structure that contains a residence, or the closest boundary of a residential district or use in a political subdivision abutting the Village. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a computerized internet sweepstakes café is conducted to the nearest property line of a residential use or lot which contains a residence, or to the nearest boundary of a residential district.
C. The propose use shall be located more than 1,000 feet from another licensed computerized internet sweepstakes café. The distance shall be measured in a straight line, without regard to intervening structures or objects, from the closest external wall of the building or structure iin which each computerized internet sweepstakes café is located.
(Ord. 2231-11. Passed 12-12-11.)
1151.03 APPROVAL.
(a) The Board of Zoning Appeals shall make a determination based on the information available or it may request additional information. If approved, the Board shall set forth any specific terms, conditions and safeguards that shall be required so that the proposed use will conform with the intent and standards of the district, and it shall instruct in writing the Zoning Inspector to issue a conditional use permit, which shall be posted and openly displayed on the premises for which the conditional use permit has been issued. Council shall be notified of any such action.
(b) After the effective date of this section an application for a conditional use permit may be submitted by an owner for any existing use requiring such permit, and it shall be issued subject to approval based on the standards set forth in Section 1151.02.
(Ord. 914. Passed 11-8-66.)
1151.04 REVOCATION OF PERMIT.
The approval of the conditional use permit shall become null and void if such use is not carried out within a six-month period after date of approval. The Municipality may revoke the conditional use permit upon written evidence by any resident or official of violation of the Zoning Ordinance and/or the written terms and conditions upon which approval was granted. A conditional use permit shall not be transferred to another owner or lessee of such use.
(Ord. 914. Passed 11-8-66.)