This title shall be known as the Zoning Ordinance of the City of Dacono and may be so cited and pleaded.

(Prior code 17.04.010)

This Chapter is designed to encourage the most appropriate use of land throughout the City and to ensure a logical growth of the various physical elements of the City; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to improve housing standards; to conserve property values; to prevent the overcrowding of land to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and in general to promote health, safety and the general welfare.

(Prior code 17.04.020)

In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements for the promotion of the public health, safety and welfare. Whenever the requirements of this Chapter are at a variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.

(Prior code 17.04.030)

The regulations prescribed in this Chapter shall apply within the corporate limits of the City.

(Prior code 17.04.040)

Any territory hereafter annexed to the City may be zoned simultaneously with the annexation proceedings as provided by statute.

(Prior code 17.04.050)

In order to carry out the provisions of this Chapter, the City is divided into the following zoning districts:

(Prior code 17.04.060; Ord. 306 §3, 1985; Ord. 374 §1, 1990; Ord. 441 §2, 1994; (Ord. 688 §1, 2007)

Any person required to obtain a building permit under Chapter 18 of this Code for any residential dwelling unit not otherwise exempt under Subsection 17-132(b) shall be required to make a fair contribution for public school sites in accordance with the provisions of Section 17-132. Prior to the issuance of such building permit, the City shall be provided with proof that, for the lot for which the permit is sought, the required fair contribution for public school sites has been made.

(Ord. 505 §2, 1998; Ord. 701 §1, 2007)

(a)

The boundaries of these districts are established as shown on a map entitled Zoning District Map of the City and dated February 3, 1970.

(b)

This map indicating the latest amendments shall be kept up to date and on file in the office of the Building Official. Said map, amendments and all notations, references and other information and date shown thereon are made a part of this Chapter.

(c)

District Boundary Lines. In determining the boundaries of zones shown on the map the following rules shall apply:

(1)

Unless otherwise indicated, the zone boundaries are the centerlines of streets, highways, alleys, railroad rights-of-way or such lines extended, section lines, municipal corporate lines and natural boundary lines such as streams.

(2)

In subdivided property, boundaries on the accompanying maps shall be determined by use of the scale indicated on said map.

(d)

Disputes concerning the exact location of the boundaries or where the rights-of-way or stream course, as actually on the ground varies from that as shown on the map, the zoning board shall interpret the map according to the reasonable intent of this Chapter.

(Prior code 17.04.070)

Except as provided in this Chapter, no building, other structure or land shall be used and no building or other structure shall be erected, reconstructed or structurally altered except in conformance with the regulations specified in this Chapter for the district in which the building or land use is located.

(Prior code 17.04.080)

(a)

No rubbish, as that term is defined in Section 7-1 of this Code, shall be kept out of doors, except for disposal purposes in accordance with Article 1 of Chapter 7 of this Code and other applicable laws.

(b)

No rubbish, as that term is defined in Section 7-1 of this Code, shall be removed from one (1) parcel of property and disposed of by depositing upon another property or in the streets or other public ways, except for purposes of delivery to an authorized disposal site in accordance with Article 1 of Chapter 7 of this Code and other applicable laws.

(c)

The sale of fireworks is prohibited in any pre-manufactured housing district.

(d)

The storage of fireworks is prohibited in any pre-manufactured housing district.

(e)

On corner property, there shall be no planting of shrubs or flowers above the level of a public roadway or street which obstruct the view of traffic within the triangle of the intersection measured from a point of the intersection at the gutter lines abutting the streets a distance of twenty-five (25) feet along each such gutter line.

(f)

Boats, boat trailers, travel trailers, tent trailers, fifth wheelers, horse trailers, motor homes and detached pickup campers shall be stored upon the owner's property.

(g)

No laundry shall be hung outdoors except on a clothesline installed for that purpose, and no such clothesline shall be attached to any fence or tree.

(h)

No slaughtering, evisceration or rendering of any animal, including but not limited to any livestock, game animal or fowl shall be permitted outdoors in any residential district other than the RR-1 (Rural Residential) district.

(i)

Temporary workforce housing is prohibited in all zone districts of the City.

(j)

Reserved.

(k)

Injection wells are prohibited in all zone districts of the City.

(l)

Oil and gas facilities on land zoned COS.

(m)

Self-storage facilities are prohibited in all zone districts of the City.

(n)

Truck stops are prohibited in all zone districts of the City.

(o)

Motor vehicle, equipment, and boat sales, rental, and leasing are prohibited in all zone districts of the City.

(p)

Contractor's yards are prohibited in all zone districts of the City.

(q)

Storage yards are prohibited in all zone districts of the City.

(Prior code 17.04.090; Ord. 236 §1, 1980; Ord. 278 §3, 1983; Ord. 378 §2, 1990; Ord. 455 §1, 1995; Ord. 800 §5, 2015; Ord. 859 §3, 2018; Ord. 871 §1, 2019; Ord. 876 §3, 2019; Ord. 908 §3, 2021; Ord. 940, §5, 2023; Ord. 991 §1, 2025)

Except where another method of measurement is specified by this Chapter, the following rules shall be used in taking any measurements required by this Chapter:

(1)

The point of beginning of any front yard measurement required by this Chapter shall be the edge of the sidewalk which adjoins and is parallel to such front yard and which edge is closest to such yard.

(2)

For any corner lot, any front yard measurement required under this Chapter shall apply to both frontages of the lot.

(Ord. 494 §1, 1997)

(a)

This Section shall be applicable to all fences, hedges, and retaining walls to be erected within the City, except for those projects with fence standards contained within an approved Planned Unit Development (PUD) Final Development Plan. The provisions of this Section shall be administered by the City's Building Official or their designee.

(b)

It is unlawful for any person to erect, construct, or reconstruct any fence or retaining wall in any zone district of the City until the Building Official has issued a permit therefor pursuant to this Chapter, which shall be in addition to any permit required by Chapter 18 of this Code.

(c)

Application for a fence permit shall be made on forms to be provided by the Building Official and shall clearly show the type of fence or wall proposed to be erected, the material to be used, and the location where it is to be placed. No permit shall be issued unless and until the proposed fence meets all requirements of this Code, the fee established by resolution of the City Council has been paid, and the City's use tax has been collected on the construction materials and supplies.

(d)

Fences, hedges, and retaining walls shall be governed by the following regulations:

(1)

Retaining walls must conform to lateral pressure engineering specifications and shall not be unsightly or detrimental to abutting property.

(2)

Barbed wire or electric fences are not permitted.

(3)

Dilapidated, unsightly or dangerous fences shall be removed or repaired when so ordered by the Building Official. All fencing, walls, and hedges shall be maintained in good condition, including, but not limited to, replacing or repairing broken components, such as pickets, and repainting.

(4)

For corner lots, front yard fence regulations shall apply to both street sides of lot.

(5)

Front yard fence shall be constructed of chain link or split rail or other standard residential fence materials approved by the Building Official, except that no fence shall be constructed of plywood or particle board. Fences shall not exceed forty-two (42) inches in height, measured from the ground level immediately adjacent to the fence or wall, and shall be at least fifty percent (50%) open space. Fence pickets shall not exceed six (6) inches in width. No front yard fence shall be constructed nearer than thirty (30) inches from the sidewalk or other public walkway. No fence shall enclose a meter pit.

(6)

Back yard fences may be constructed of masonry walls or any of the material permitted in Paragraph (5) above, and the walls may be solid. Maximum height of back yard fences shall be six (6) feet, said fence not to extend past the front side of a dwelling to which it abuts.

(7)

Fences and retaining walls may not be located within platted or other recorded easements, except that fences may be located along the rear lot lines of residential lots unless the plat specifically provides otherwise. Fencing on multi-family residential and non-residential lots shall comply with the approved site plan.

(8)

Hedges shall not encroach over sidewalks, streets, or alleyways and shall be trimmed to maintain sight distance as required by Section 16-288 of this Code.

(9)

Prohibited fence materials.

a.

No person shall use rope; string; wire products including, but not limited to, chicken wire, hog wire, wire fabric, and similar welded or woven wire fabrics; chain; netting; cut or broken glass; paper; unapproved corrugated metal panels; galvanized sheet metal; plywood; or fiberglass panels in any fence, or use any other materials that are not manufactured specifically as fencing materials, unless approved by the Building Official. The Building Official may require the applicant to provide the manufacturer's standards to establish the intended use of proposed fencing materials.

b.

Used materials, equipment, and devices shall not be used unless the Building Official determines they meet the requirements of the building code for new materials.

c.

No person shall construct a fence of wood, metal, or plastic products that are designed specifically for uses other than fence construction.

(e)

City exemption from compliance. All property, uses, structures, and facilities owned or operated by the City for the purpose of providing municipal services are exempt from complying with all requirements contained in this Section.

(Ord. 938 §1, 2023)

(a)

Except as provided in Section 16-14 of this Code regarding inactive applications, only the applicant may withdraw an application filed pursuant to this Chapter. The applicant shall request the withdrawal in writing, and after receipt of such written request, the City shall take no further action on the application. To re-initiate review after withdrawal, the applicant must resubmit the application, which in all respects shall be treated as a new application for all purposes.

(b)

Withdrawal of an application the public hearing for which has been included on an agenda posted for a public meeting shall be discretionary with the decision-making body.

(Ord. 937, §1, 2023)

(a)

An application filed pursuant to this Chapter shall be considered inactive if, at any point during the review process:

(1)

The City has notified the applicant or its consultant that additional or corrected materials are required, and the applicant has not submitted such materials or responded to such request within ninety (90) days following such notification; or

(2)

An applicant has not agreed to a date for a required meeting or public hearing before any decision-making body; or

(3)

Has otherwise not taken other affirmative steps within a reasonable timeframe that are necessary to advance the application for a final determination.

(b)

Upon a determination by the City that an application is inactive, the City shall provide the applicant written notice that if such inactivity is not cured within thirty (30) days no further processing of the application shall occur and the inactive application shall be considered automatically withdrawn. Any re-submittal of the application thereafter by the applicant will be treated as a new application for all purposes.

(Ord. 937, §2, 2023)

(a)

The City shall provide notice of the time, date, and subject matter of every public hearing required by this Chapter by publication in a newspaper of general circulation within the City at least fifteen (15) days prior to the public hearing. Such published notice shall be considered jurisdictional, and failure to publish notice of the public hearing shall cause the public hearing to be vacated.

(b)

In addition to the published notice required by subsection (a) of this Section, additional notice of public hearings as set forth in this subsection (b) shall be provided for each public held pursuant to this Chapter. The notice provided pursuant to this subsection is not jurisdictional, and minor defects in the notice shall not impair the notice or invalidate any proceedings under the notice of a bona fide attempt has been made to comply with the notice requirements.

(1)

The City shall post notice of the public hearing on the property that is the subject of the public hearing at least fifteen (15) days prior to the public hearing. The City shall determine the appropriate number, size, location, and content of the posted notice, and shall take reasonable efforts to assure the posted signs remain on the site, in good condition to maintain legibility, during the posting period.

(2)

No later than fifteen (15) days prior to the public hearing, the applicant shall mail notice of the public hearing to all property owners located within five hundred (500) feet of the subject property. As a condition of approval of any application for which a public hearing is held pursuant to this Chapter, the applicant shall provide a written affidavit that notice required by this subsection (b)(2) was provided, on a form to be provided by the City.

(Ord. 937, §9, 2023)