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Dewitt City Zoning Code

SPECIAL USE

REGULATIONS

§ 155.080 APPLICATION.

   The following regulations set forth in this subchapter shall apply to all zoning districts unless specifically stated otherwise. Determination of potential or actual non-compliance with the special regulations shall be made by the County Board or its duly appointed agent.
(Prior Code, § 152.075) (Ord. passed 3-9-1976; Ord. passed 6-20-2024)

§ 155.081 PERFORMANCE STANDARDS.

   (A)   Residual features. No activity or operation shall be established or maintained which, by reason of its nature or manner of operation, will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust and particulate matter in concentrations as to be detrimental to or endanger the public health, welfare, comfort and safety or cause injury to property or business.
   (B)   Glare. Any lighting used to illuminate an off-street parking area or sign shall be arranged so as to deflect light away from any adjoining residential property or from the public streets. Direct or sky reflected glare, whether from flood lights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property.
   (C)   Explosives. No activities involving the storage, utilization or manufacture of materials, goods or products which could decompose by detonation shall be permitted, except such as are specifically licensed by the County Board.
   (D)   Vibration. No activity or operation shall cause earth vibrations perceptible beyond the limits of the lot upon which the operation is located, except such as are specifically permitted by the County Board.
   (E)   Enclosed space. All fabrication, manufacturing, processing or production shall be undertaken substantially within enclosed buildings.
   (F)   Screening. Where outdoor storage of materials, goods and products exists within the General Industrial District, the storage shall be effectively screened from adjacent residential districts and public streets by a solid fence, compact hedge or similar opaque landscaped element. The screening shall be placed along property lines or, in the case of screening along a street, 15 feet from the street right-of-way or adjacent property line with landscaping between the screening and the pavement A louvered fence shall be considered “solid” if it blocks direct vision.
   (G)   Refuse. All waste material, debris, refuse or garbage not disposed of through the public sanitary sewerage system shall be kept in an enclosed building or properly contained in a closed container designed for those purposes. The owner of vacant land shall be responsible for keeping the land free of refuse.
   (H)   Landscaping. In all but the General Commercial and General Industrial Districts all developed uses shall provide a landscaped yard along the all streets. The yard shall be kept clear of structures and storage except off-street parking. The yard shall be at least eight feet in depth along all streets, measured from the street right-of-way. Except for driveways, the yard shall extend the entire frontage of the lot and along both streets in the case of a corner lot.
   (I)   Drainage. No land shall be developed and no use shall be permitted that results in water run-off, flooding or erosion on adjacent properties. The run-off shall be properly channeled into a storm drain, water course, ponding area or other public facilities.
   (J)   Construction within the floodplain. Construction in areas subject to flooding shall conform to regulations set forth in § 155.052.
   (K)   Junk motor vehicles or equipment. Parking of junk motor vehicles or equipment is prohibited in all areas, except Industrial Districts. All contractor’s equipment or tools or junk motor vehicles shall be parked or stored in a completely enclosed structure on any residential premises, except when making a delivery or rendering a service at the premises. Contractor’s equipment shall not be construed to include pickup or paneled trucks.
   (L)   Medical cannabis cultivation centers and dispensaries - compliance with state regulations and rules. Each cultivation center and all dispensaries shall comply with the Compassionate Use of Medical Cannabis Pilot Program Act (Ch. 410, Act 130, §§ 1 et seq.) and all rules and regulations adopted in accordance thereto.
(Prior Code, § 152.076) (Ord. passed 3-9-1976; Ord. passed 9-11-1997; Ord. passed 7-10-2014; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.082 OFF-STREET PARKING REQUIREMENTS.

   (A)   Minimum number of parking spaces required:
      (1)   None required in General Commercial District (to be provided in common area);
      (2)   Single-family dwellings: two per dwelling unit;
      (3)   Multi-family units: 1.2 per dwelling unit, except elderly housing projects which shall have one-half space per dwelling unit;
      (4)   Churches, auditoriums, mortuaries and other similar places of assembly; one for every four seats;
      (5)   Sanitariums, convalescent homes: one for four beds;
      (6)   Retail commerce other than in General Commercial District:
         (a)   Restaurant: one for every three seats; and
         (b)   Other retail: one for every 100 square feet of retail floor space, but in no case less than one and one-half square feet (gross parking area) to one square foot (gross building floor area).
      (7)   Service commerce other than General Commercial District:
         (a)   Motels: one per unit;
         (b)   Personal and professional offices: one for every 150 square feet of office floor space; and
         (c)   Other service commerce: one for 2,000 square feet of gross floor space.
      (8)   Industrial including wholesale: one for every 1.3 persons of maximum employment during any work period; and
      (9)   Mobile home parks: two spaces per lot.
   (B)   Minimum size of parking spaces: 250 square feet of standing and maneuvering space.
   (C)   Location of parking spaces.
      (1)   Spaces for dwelling on the same lot as the dwelling unit;
      (2)   Spaces for commercial uses not in the General Commercial District or for public or semi-public uses within 300 feet of the main entrance of the building served; and
      (3)   No off-street parking spaces to be located within five feet of any street right-of-way.
   (D)   Surfacing and drainage off-street parking areas and access ways other than those for one- and two-family dwellings shall be surfaced with a durable material to control dust and shall be graded so as to dispose of all surface water.
(Prior Code, § 152.077) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.083 OFF-STREET LOADING AND UNLOADING REQUIREMENTS.

   (A)   Minimum number of off-street loading spaces required. An adequate number of off-street loading spaces shall be provided for all structures which require the receipt and distribution of materials or merchandise by trucks or similar vehicles so as to assure unrestricted movement of both pedestrians and motor vehicles throughout the entire active areas of the municipality.
   (B)   Minimum size of off-street loading berths.
      (1)   Width: ten feet;
      (2)   Length: 50 feet; and
      (3)   Vertical clearance: 14 feet.
   (C)   Location of off-street loading berths. No closer than 25 feet from the intersection of two street rights-of-way.
   (D)   Surfacing and drainage. Surfacing and drainage of off-street loading berths and accessways shall be hard surfaced to control dust and shall be graded to dispose of all surface water.
(Prior Code, § 152.078) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.084 SIGNS.

   (A)   Permit required. Except those specified in division (B) of this section, no signs shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without being in conformity with the provisions of this chapter. The sign shall also meet all structural requirements of other applicable codes and ordinances of the county and state statutes.
   (B)   Signs excepted. All signs must have a building permit, except the following:
      (1)   Signs over show windows or doors of a non-conforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed two feet in height and ten feet in length;
      (2)   Real estate signs not to exceed eight square feet in area which advertise the sale, rental or lease of the premises upon which the signs are temporarily located;
      (3)   Name, occupation and warning signs not to exceed two square feet located on the premises;
      (4)   Bulletin boards for public, charitable or religious institutions not to exceed 32 square feet in area located on the premises;
      (5)   Memorial signs, tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against the structure;
      (6)   Official signs such as traffic control, parking restrictions, information and notices; and
      (7)   Temporary signs when authorized by the Administrator for a period not to exceed 30 days.
   (C)   Signs permitted. Signs are permitted for all commercial and industrial uses subject to the following restrictions.
      (1)   Wall signs placed against the exterior walls of buildings shall not extend more than six inches outside of building’s wall surface, shall not exceed 300 square feet in area for any one premises, and shall not exceed 20 feet in height above the main centerline street grade.
      (2)   Projecting signs fastened to, suspended from or supported by structures shall not exceed 300 square feet in area for any one premises; shall not extend more than six feet into any required yard; shall not extend more than three feet into any public right-of-way; shall not be less than ten feet above the sidewalk nor 15 feet above a driveway or an alley.
      (3)   Ground signs shall not exceed 20 feet in height above the main centerline street grade, shall meet all yard requirements for the district in which they are located and shall not exceed 300 square feet on all sides for any one premises.
      (4)   Roof signs shall not exceed ten feet in height above the roof, shall meet all yard and height requirements for the district in which they are located and shall not exceed 300 square feet on all sides for any one premises.
      (5)   Combinations of any of the above signs shall meet all the requirements for the individual sign.
   (D)   Signs specifically prohibited.
      (1)   Signs that display the words “Stop” or “Danger”; and
      (2)   Signs utilizing flashing lights.
   (E)   Facing. No sign except those permitted in division (B) of this section shall be permitted to face a residential use within 100 feet of the lot line.
   (F)   Traffic. Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs or devices. Signs shall not obstruct or interfere with the effect of railroad or traffic signs, signals or devices. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape; and no sign shall be attached to a standpipe or fire escape. No sign shall be placed as to obstruct or interfere with traffic visibility.
   (G)   Existing signs.
      (1)   Signs lawfully existing at the time of the adoption or amendment of this chapter may be continued although the use, size or location does not conform with the provisions of this chapter.
      (2)   However, it shall be deemed a non-conforming use or structure and the provisions of §§ 155.110 through 155.113 shall apply.
   (H)   Miscellaneous requirements.
      (1)   The owner, lessee or manager of any ground sign or owner of the land on which the same is located shall keep grass or weeds and other growth cut, and debris and rubbish cleaned up and removed from the lot on which the sign is located.
      (2)   Any sign or sign structure which may be or may hereafter become rotted, unsafe or unsightly shall be repaired or removed by the licensee, owner or manager of the property upon which the sign stands upon written notice of the Administrator or police officer.
(Prior Code, § 152.079) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.085 KENNELS; VETERINARY ESTABLISHMENTS.

   (A)   They shall be located no closer than 100 feet to any residential district, restaurant, hotel or motel in any district and shall show that adequate measures and controls shall be taken to prevent offensive noise and odor.
   (B)   No incineration of refuse shall be permitted on the premises.
(Prior Code, § 152.080) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.086 COUNTRY CLUB; GOLF COURSE.

   (A)   No building shall be located within 100 feet of any property line.
   (B)   Facilities such as restaurants and bars may be permitted when conducted and entered from within the building.
   (C)   Swimming pools, tennis courts and the like shall be located no less than 25 feet from any property line and adjoining property in any residence or commercial district shall be effectively protected by a wall hedge and/or screen planting.
(Prior Code, § 152.081) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.087 GOLF DRIVING RANGES AND AMUSEMENT PARKS.

   Golf driving ranges and amusement parks shall be located on major or secondary thoroughfares or non-residential streets. Flood lights used to illuminate the premises are so directed and shielded as not to be an annoyance to any developed residential property. Golf driving platforms shall not be less than 200 feet from any adjacent Residence District or existing dwelling. A temporary certificate may be granted to be in force for one year only which certificate may be renewed for a period of one year at the expiration of the certificate; provided, all requirements of this chapter have been and can continue to be complied with.
(Prior Code, § 152.082) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.088 CEMETERIES; CREMATORIES; COLUMBARIUMS.

   Cemeteries, crematories, mausoleums and columbariums shall provide entrance on a major street or road with ingress and egress so designated as to minimize traffic congestion, shall provide required off-street parking space and shall provide a minimum six-foot high wall or minimum three-foot thick, six-foot high evergreen hedge or provide a minimum 20 feet of permanently maintained planting strip on all property lines abutting any residential district or residential street.
(Prior Code, § 152.083) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.089 HOSPITALS, CHURCHES OR OTHER RELIGIOUS OR ELEEMOSYNARY INSTITUTIONS.

   Hospital, church or other religious or eleemosynary institutions shall be located on a major street on a minimum parcel of one-half acre and shall maintain a ten-foot wide minimum landscaped strip on all property lines abutting residential districts and on all residential streets.
(Prior Code, § 152.084) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.090 SHOOTING CLUB.

   A shooting club shall not be located within one mile of any developed residential, commercial or industrial area, or place of public assembly. A temporary certificate will be granted, to be in force for one year only, which certificate may be renewed for a period of one year at the expiration of each temporary certificate; provided, the above requirements are met.
(Prior Code, § 152.085) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.091 AMUSEMENT CENTERS, BOWLING ALLEYS, DANCE HALLS AND SIMILAR PLACES OF AMUSEMENT.

   Amusement centers, bowling alleys, dance halls and similar places of amusement shall provide parking with ingress and egress designed so as to minimize traffic congestions, shall not be less than 20 feet from any property lines, provide a minimum six-foot solid board fence or masonry wall separating parking areas from abutting residential property and shall show that adequate controls or measures will be taken to prevent offensive noise and vibration.
(Prior Code, § 152.086) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.092 APARTMENTS; MULTI-FAMILY DWELLINGS.

   (A)   The RECREATION SPACE RATIO, defined as the minimum square footage of recreation space required for each square foot of floor area, is not less than 0.16.
   (B)   The FLOOR AREA RATIO, defined as the maximum square footage or total floor area permitted for each foot of land, is not more than 0.32.
   (C)   The OPEN SPACE RATIO, defined as the minimum square footage of open space required for each square foot of floor area, is not less than 2.0.
   (D)   The LIVING SPACE RATIO, defined as the minimum square footage of non-vehicular outdoor space required for each square foot of floor area, is not less than 1.2.
   (E)   The OCCUPANT CAR RATIO, defined as the minimum number of off-street parking spaces without parking time limits required for each living unit is not less than 1.2; except that, in housing development projects for the elderly, this ratio shall not be less than 0.5.
(Prior Code, § 152.087) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.093 STANDARDS FOR HOME OCCUPATION.

   (A)   General. It is the intent of this section to prohibit as home occupations all uses except those that conform to the standards as set forth in this section. In general, a home occupation is an accessory use, so located and conducted, that the average citizen, under normal circumstances, would not be aware of its existence other than for a nameplate as permitted elsewhere in this section. The standards for home occupations in this section are intended to help ensure compatibility with other permitted uses and with the residential character of the area, plus a clearly secondary or incidental status in relation to the residential use of the property as the criteria for determining whether a proposed accessory use qualifies as a home occupation.
   (B)   Authorization. Home occupations are permitted in any dwelling unit subject to the provisions of this section.
   (C)   Permitted home occupations. The following are examples of uses which often can be conducted within the limits of the provisions of this section, as a home occupation. Uses which qualify as home occupations are not necessarily limited to those named in this section, nor does the listing of a use in this section automatically qualify that use as a permitted home occupation:
      (1)   Artists and sculptors;
      (2)   Authors and composers;
      (3)   Dressmakers, seamstresses and tailors;
      (4)   Family day care home, limited to no more than seven children; provided that, all state and local rules and regulations are met;
      (5)   Home crafts, such as model making, rug weaving, lapidary work and woodworking;
      (6)   Office facility for a minister, pastor, priest or rabbi;
      (7)   Office facility for a salesperson, sales representative or manufacturer’s representative; provided that, any transaction which may occur does not include the exchange or delivery of goods, products or materials to the customer other than small parcels which may be easily carried by the average citizen;
      (8)   Office facility for an architect, artists, broker, dentist, physician, engineer, instructor in arts and crafts, insurance agent, land surveyor, lawyer, musician or real estate agent;
      (9)   School of special education whose class size does not exceed two pupils at any given time;
      (10)   Antique shop, except the stripping and refinishing of furniture and the storage of chemicals used in the stripping and refinishing of furniture shall not be permitted;
      (11)   Barbershop and beauty shop;
      (12)   Photography studio;
      (13)   Music or dance lessons, provided class size does not exceed two pupils at any one time; and, provided that, the use of amplified instruments is not involved;
      (14)   Upholstering;
      (15)   Repair shop or service establishments; provided that, the repairs shall be limited to the repair of small electrical appliances, cameras and similar items; and
      (16)   Gun smithing.
   (D)   Home occupations prohibited. The following uses by their nature, investment or operation have a substantial tendency to be out of character, offensive or potentially injurious to the public’
      (1)   Animal hospitals;
      (2)   Clinics or hospitals;
      (3)   Restaurants;
      (4)   Stables or kennels;
      (5)   Day care centers (except family day care homes for seven children or less);
      (6)   Mortuaries;
      (7)   Private clubs;
      (8)   Renting equipment, vehicles, trailers and other similar items;
      (9)   Apartments and boarding rooms;
      (10)   Automobile, truck, boat and similar repairs, minor or major;
      (11)   Dental and medical offices;
      (12)   Private schools with organized classes;
      (13)   Ammunition reloading;
      (14)   Body shop;
      (15)   Painting shop for cars, trucks, trailers and the like;
      (16)   Retail sales and display establishments;
      (17)   Commercial storage or warehousing; and
      (18)   Carpentry shop.
   (E)   Use limitations. In addition to the provisions of the particular zoning districts in which located, all home occupations shall be subject to the following additional use limitations.
      (1)   A home occupation must be conducted entirely within a dwelling unit which is the bona fide residence of the principal practitioner, or in an accessory building thereto, which is normally associated with a residential use.
      (2)   Except for items or articles produced on the premises, no stock in trade shall be displayed or sold on the premises.
      (3)   The home occupation shall be incidental and subordinate to the principal residential use.
      (4)   Not more than one employee, other than members of the family residing on the premises, may be engaged in the occupation.
      (5)   In no way shall the appearance of the structure be altered or changed, or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, entrances and exits, lighting, signs or the emission of sounds, noises or vibration.
      (6)   No traffic shall be generated by the home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation shall be met off the street and other than in a required front yard.
      (7)   No commercial vehicle type shall be used in connection with the home occupation or parked on the premises.
      (8)   There shall be no outside storage of any kind related to the home occupation.
      (9)   Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (such as, Joe Doe, Accountant). It shall not exceed one square foot in area, shall be non-illuminated and shall be attached to the main structure, visible through a window or attached to a single pole not more than six feet high, and located on the premises, not upon any public way. The limitation to one nameplate is intended to apply to all lots, including corner lots.
      (10)   All delivery of goods and materials used in the home occupation shall be made by ordinary and common parcel delivery vans, not to include large motor freight carrier vehicles.
   (F)   Permit required. Any person desiring to establish a home occupation is required to submit a permit application and secure the required permit, prior to the establishment of the proposed home occupation, on forms provided by the Administrator.
(Prior Code, § 152.088) (Ord. passed 3-9-1976; Ord. passed 8-30-2012; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.094 SPECIAL COMMERCIAL DEVELOPMENTS.

   Any commercial development permitted as a special use in the rural development districts shall not be granted a zoning permit by the County Board until the following determinations are made in writing:
   (A)   The development will be appropriately screened from any adjoining road or property; and
   (B)   The traffic generated (lights, noise or hours of operation) will not be a nuisance to opposite or abutting property owners.
(Prior Code, § 152.089) (Ord. passed 3-9-1976; Ord. passed 6-20-2024)

§ 155.095 MOBILE HOME RULES AND REGULATIONS.

   (A)   Manufactured and mobile homes may be placed only in the R-4 Mobile Home Residential District or in areas approved and licensed as mobile home parks by the State Department of Public Health (IDPH).
   (B)   (1)   In areas located in the R-4 District, the minimum lot requirements contained in this chapter shall be met.
      (2)   Lot sizes within mobile home parks shall be regulated by the IDPH.
   (C)   Manufactured and mobile homes shall comply with the provisions of the Mobile Home Owners Tiedown Act, being ILCS Ch. 210, Act 120, as administered by the IDPH.
   (D)   Manufactured and mobile homes shall have impervious materials, commonly referred to as “skirting”, completely surrounding the perimeter of the dwelling between the floor and the ground surface.
   (E)   If not connected to municipal water and/or sewer supply systems, manufactured and mobile homes shall comply with all applicable Health Department regulations concerning water well and/or septic systems.
(Prior Code, § 152.090) (Ord. passed 3-9-1976; Ord. passed 6-11-1992; Ord. passed 11-15-2001; Ord. passed 8-30-2012; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.096 MODIFICATIONS AND EXCEPTIONS.

   (A)   Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but the modification shall be in accord with the following:
      (1)   Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter;
      (2)   Special structures, such as elevator penthouses, gas tanks, grain elevators, electric generating stations, lightening rods, scenery lofts, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, smoke stacks and flag poles are exempt from the height limitations of this chapter;
      (3)   Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter;
      (4)   Communication structures, such as radio and television transmission relay towers, aerials and observation towers, shall not exceed in height three times their distance from the nearest lot line; and
      (5)   Public or semi-public facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, may be erected to a height of 60 feet; provided, all required yards are increased not less than one foot for each foot the structure exceeds the district’s maximum height requirements.
   (B)   Yards. Residential accessory uses and detached, residential garages, storage sheds and other similar buildings are permitted in the rear yard only, shall comply with all minimum front yard requirements of this code, but may be constructed five feet from the rear lot line and three feet to an interior lot line. They shall not exceed more than 25 feet in height. However, a detached residential garage proposed to be constructed having its vehicular access doors facing toward the front lot line shall not be closer than 25 feet from the front property line. These restrictions do not apply to structures used only for agricultural purposes.
      (1)   Uncovered stairs, landings and fire escapes may project into any yard, but not to exceed six feet and not closer than three feet to any lot line.
      (2)   Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard; but the projection shall not exceed two feet.
      (3)   Residential fences are permitted to be erected on the property line; provided that, in any required front yard, they shall be no higher than four feet in height and shall be of an open type (such as, chain link or wrought iron) which does not limit, inhibit or restrict reasonable visibility through it by pedestrians, cyclists or motorists. Fences erected along interior lot lines or the rear property line may be solid and shall not exceed eight feet in height.
      (4)   Security fences for commercial, industrial or governmental uses are permitted to be erected on property lines; provided that, they shall be no higher than ten feet in height, shall be of an open type such as chain link or wrought iron and not in conflict with § 155.081.
      (5)   Accessory uses and detached accessory structures may be permitted, provided that they are not proposed to be constructed or erected in the front yard and comply with the remaining provisions of this chapter.
      (6)   Essential services, utilities, electrical power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
      (7)   Landscaping and vegetation may be planted and maintained on property lines. Landscaping planted in the front shall be of the type and variety that it does not limit, inhibit or restrict reasonable visibility through it by either pedestrians, cyclists or the motorists. It shall be the responsibility of the property owner to maintain, trim or otherwise ensure that landscaping and vegetation do not encroach upon any public way or cause visibility problems.
   (C)   Additions. Additions in the front yards of existing structures shall not project beyond the average of the existing front yards on the abutting lot or parcels.
   (D)   Average front yards. The required front yards may be decreased to the average of the existing front yards of the abutting structures on each side.
   (E)   Noise. Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are not to be enjoined under the performance standards section of this chapter.
   (F)   General filling. Filling of low areas with earth or gravel or with earth covered bricks, blocks, broken concrete or broken paving material, all free from refuse, as may be permitted by the State Environmental Protection Agency and the County Health Department; provided that, the areas are not located in the special flood hazard area. This provision shall not relieve any property owner from compliance with any other applicable laws, regulations or agreements.
(Prior Code, § 152.091) (Ord. passed 3-9-1976; Ord. passed 9-14-1989; Ord. passed 9-14-1995; Ord. passed 12-14-1995; Res. 2016-01, passed 1- 21-2016; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.097 SINGLE-FAMILY DWELLINGS.

   On a property of four acres or more, two single-family dwellings will be permitted if the property conforms completely to the following.
   (A)   Single-family dwellings are permitted in the zoned district.
   (B)   If the property is divided, it will consist of two lots, each having a single-family dwelling and each lot fully conforming to all the requirements of the zoned districts.
   (C)   Both dwellings are served by separate sanitary facilities.
(Prior Code, § 152.092) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.098 LANDSCAPE WASTE COMPOSTING FACILITY.

   All applications for permit for the establishment, construction and operation of a landscape waste composting facility shall be subject to the following exhibits, rules and standards.
   (A)   Required exhibits shall include the following:
      (1)   A boundary survey at a scale of one inch equals 100 feet together with the complete legal description of the proposed property;
      (2)   A boundary map depicting the existing topography at no less than two-foot contours, showing the ownership of all adjacent property and the existence of any 100-year floodplains;
      (3)   A detailed site plan showing the existing and proposed drainage on and adjacent to the proposed site, plans for ingress and egress, internal access ways, existing and proposed buildings, structures, parking and landscape waste storage areas on the site, the location of all buildings within 500 feet of the proposed site boundary, the location of all wells within 500 feet of the proposed site boundary;
      (4)   Written plans for dust and odor control, fire protection and emergency response plan, a statement as to the depth of and the planned methods to be used to ensure that compost and/or leachate does not penetrate the water table, and the plans for collection and treatment of the leachate;
      (5)   A statement as to the landscape waste intended to be accepted, methods of handling, machinery and equipment requirements, materials anticipated to be produced at the site, handling and disposal plans for non-compostable landscape waste, site security, lighting and procedures for drop-off control;
      (6)   A list of all permits that have previously been issued on the site; and
      (7)   The intended hours of operation.
   (B)   Landscape waste composting facilities shall comply with the following rules and standards.
      (1)   Landscape waste composting facilities shall be located on a site containing at least ten acres.
      (2)   Landscape waste composting facilities shall be located outside the 100-year floodplain.
      (3)   Landscape waste composting facilities shall be prohibited from accepting, collecting, storing, or in any way placing on the site any municipal solid waste, garbage, junk, unlicensed and/or inoperative vehicles, building demolition waste or other debris.
      (4)   Landscape waste composting facilities shall be located no closer than 500 feet to any residential district, whether the district is under the jurisdiction of the county or a municipality having in effect its own zoning ordinance, 660 feet from a building used and intended to be used for residential purposes, 200 feet from any property line, and 500 feet from any potable water well.
      (5)   The open burning of landscape waste shall be prohibited on the site.
      (6)   All operators of landscape waste composting facilities shall make semiannual reports upon the total tons of landscape waste accepted and total tons of landscape waste marketed during the previous six months. This semi-annual report is due on July 15 and January 15 for the period covering the previous six months. This report shall be submitted to and shall be in the form prescribed by the Administrator.
(Prior Code, § 152.092) (Ord. passed 3-9-1976; Ord. passed 7-13-1995; Ord. passed 6-20-2024) Penalty, see § 155.999