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Dixon City Zoning Code

CHAPTER 3

GENERAL PROVISIONS

6-3-1: SCOPE OF REGULATIONS:

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than that which is permitted in the district in which the building or land is located. (Ord. 1973, 1-6-1997)

6-3-2: SEPARABILITY:

If any section, paragraph, subdivision, clause, sentence, or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which judgement or decree shall be rendered. (Ord. 1973, 1-6-1997)

6-3-3: REPEAL OF CONFLICTING ORDINANCES:

All ordinances or parts of ordinances in conflict herewith are hereby repealed. (Ord. 1973, 1-6-1997)

6-3-4: PERMITS:

No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved by the Building Official, and no permit or license shall be issued by any other City department, which would authorize the use or change in use of any land or building contrary to the provisions of this Title, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this Title. (Ord. 1973, 1-6-1997)

6-3-5: BUILDING HEIGHT, BULK AND LOT COVERAGE:

   (A)   No building shall be erected, reconstructed, relocated or structurally altered so as to have a greater height or bulk, a higher ratio of lot coverage, or smaller open space about it than is permissible under the limitations set forth herein for the district in which such building is located.
   (B)   No space allocated to a building or dwelling group for the purpose of complying with the side, rear or front yard, or court or other open space or lot area requirements of this Title shall thereafter, by reason of change in ownership or for any other reason, be used to satisfy the yard, court open space or lot area requirements of any other building or dwelling group.
   (C)   No usable open space or off-street parking space or loading space existing or provided hereafter for any building shall be reduced below the minimum requirements hereinafter set forth, nor further reduced if already less than said minimum requirements.
   (D)   Streets Excluded: No part of any street easement or right-of-way, either public or private, shall be included in determining the area of any lot.
   (E)   Front Yards:
      1.   More Restrictive Requirements: Whenever any ordinance or a covenant entered into by the City stipulates a front yard or setback requirement along any street in any district which is greater than the front yard requirement of the zoning district in which it is located, then the greater requirement shall apply.
      2.   Adjacent Front Yard Requirements: Where two (2) districts with different front yard requirements are located adjacent to each other without a street or alley between them, the greater front yard requirement shall extend into and be effective in the district having the lesser front yard requirement for each contiguous lot with the same block along the frontage of a commonly shared street.
      3.   Established Front Yard Setbacks: In the event fifty percent (50%) or more of the lots fronting on one side of a street between two (2) intersecting streets are improved with principal structures that have setbacks greater in depth than required for such zoning district in this Title, the average of the existing front yard setbacks of such structures upon all such improved lots between such streets shall be the established front yard setback for such block. In such event, no new structure or any addition to an existing structure shall be erected closer to the street than the established front yard setback.
      4.   Corner Lots: Where lots have street frontage on more than one side, a front yard shall be provided on each side adjacent to a street.
   (F)   Rear Yards Adjacent To Alley: Whenever a lot abuts a public alley, one-half (1/2) of the width of that alley may be considered as a portion of the required rear yard.
   (G)   Intersection Visibility: Landscaping must be designed and installed to minimize potential obstruction of critical sight lines. All landscape planting shall be so designed as to avoid obstruction of a motorist's vision at the intersections of outlet access drives and ring roads, access roads, or municipal streets in accordance with the following standards:
      1.   Unobstructed visibility between two feet (2') and six feet (6') above the height of the paved surface of the access road must be maintained at all intersections. To maintain this visibility, no shrubs or other landscape material which will reach a mature height greater than two feet (2') shall be permitted within ten feet (10') of the edge of pavement of a primary thoroughfare, or five feet (5') from the edge of pavement of a lesser roadway, for a distance of forty feet (40') from the edge of pavement (see Illustration 3.1).
      2.   Trees are allowed in these intersection visibility areas if the lowest branching begins not less than eight feet (8') above the pavement of the adjacent roadways. (Ord. 1973, 1-6-1997)

6-3-6: PERMITTED OBSTRUCTIONS IN REQUIRED BUILDING SETBACK AREAS:

Every part of a required yard setback area shall be open to the sky, unobstructed, except for the following:
   (A)   An open terrace, but not including a roofed over porch or terrace, may occupy a front yard; provided, the unoccupied portion of the front yard has a depth of not less than fifteen feet (15').
   (B)   A one-story bay window may project into a front yard not more than three feet (3').
   (C)   Overhanging eaves, sills, cornices, including gutters and ornamental features, may project over the minimum required side yard not more than eighteen inches (18").
   (D)   Open or lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a rear yard of not more than five feet (5’);
   (E)   Steps and stoops not extending more than three feet (3') above grade and consisting only of the minimum area necessary for a safe exit;
   (F)   Terraces, and patios projecting into required yards, but not closer than two feet (2') to the adjacent property line;
   (G)   Ordinary projections of chimneys and flues into the rear yard;
   (H)   Accessory buildings and uses as restricted elsewhere in this Title;
   (I)   Driveways and parking spaces as restricted in this Title;
   (J)   Freestanding yard lights in front yards, providing that in residential districts such lights do not exceed seven feet (7'), six inches (6"), in height, nor shall such light be permitted to increase the level of illumination at the side lot line more than one-half (1/2) foot candle;
   (K)   Fences erected on lot lines and in required yards, providing such fences comply with Chapter 9 of Title 7 of the City Code;
   (L)   Any stone, paved or other surfaced patio or wooden deck constructed at or below a level which is twelve inches (12") above grade, and which, except for property lying within an area for which a planned residential permit has been issued under Chapter 12, does not lie within two feet (2') of the property line closest to the point thereof.
   (M)   Basketball backboards and/or hoops attached to any principal or accessory building in any single-family residential district. (Ord. 1973, 1-6-1997)

6-3-7: SPECIAL HEIGHT CONSIDERATIONS:

The height requirements below further qualify the height requirements of this Title:
   (A)   Height Exceptions: Chimneys, cooling towers, elevator bulkheads, fire towers, ornamental towers and spires, church steeples, or necessary mechanical appurtenances are all exempt from the height requirements established in this Title. However, they may be subject to other ordinances of the City of Dixon.
   (B)   Antennae: Radio, radar, citizens band, and television receiving or transmitting antennae may be erected on the roof of a main structure to a height not exceeding twelve feet (12') above the highest point on the roof of said main structure, but not closer to any property line than twelve feet (12'). (Ord. 1973, 1-6-1997)

6-3-8: SPECIAL DENSITY CONSIDERATIONS:

   (A)   Density Fractions: When the calculation of the number of dwelling units permitted on a lot or parcel results in a fraction the following rules shall apply:
   (B)   When the density calculation results in a fraction, any fraction up to and including one-half (1/2 or .5) shall be disregarded. Fractions of over one-half (1/2 or .5) shall be interpreted as permitting the next highest whole number of dwelling units. (Ord. 1973, 1-6-1997)

6-3-9: LOCATION OF BUILDINGS:

Except as otherwise provided for in this Title, every building shall be constructed or erected upon a lot, or parcel of land, which abuts upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of twenty-five feet (25'), unless an easement of lesser width was of record prior to the adoption of this Title. (Ord. 1973, 1-6-1997)

6-3-10: BUILDINGS UNDER CONSTRUCTION:

Nothing in this Title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this Title, or amendment thereto, and upon which building construction has been diligently carried on; and provided further, that such building shall be completed within one (1) year from the date of passage and publication of this Title. (Ord. 1973, 1-6-1997)

6-3-11: NUMBER OF BUILDINGS ON A ZONING LOT:

Except in the case of planned unit developments, every residential building hereafter erected or structurally altered shall be located on a zoning lot as herein defined, and in no case shall there be more than one (1) such building on one (1) zoning lot. (Ord. 1973, 1-6-1997)
 

6-3-12: ACCESSORY USES OUTSIDE COMMERCIAL BUILDINGS:

In business districts no principal use or accessory use may be conducted outside of a permanently constructed building, nor shall any outdoor storage or storage inside a trailer be permitted, except as provided below:
   (A)   Outdoor accessory uses for the purpose of direct retail sales only, not for storage, and temporary exterior storage may be permitted by the Building Official.
   (B)   Permanent exterior storage or display of inventory, business vehicles or personal vehicles is prohibited without the issuance of a permit approved by the City Council. (Ord. 1973, 1-6-1997)

6-3-13: CANNABIS BUSINESS ESTABLISHMENTS:

   (A)   Applicability: This section shall apply to all existing and proposed cannabis business establishments in the city.
   (B)   License Required: All cannabis business establishments operating within the city shall be required to obtain and hold a license issued by the city as set forth in section 5-24-2 of the city code and shall be further licensed in accordance with the applicable provisions of the Cannabis Regulation and Tax Act.
   (C)   Compliance With State Law: Cannabis business establishments shall at all times comply with the Cannabis Regulation and Tax Act and the regulations promulgated thereunder, as the same may be amended from time to time.
   (D)   Location Of Cannabis Business Establishments:
      1.   Cannabis business establishments may be located only in those zoning districts where specifically allowed pursuant to the provisions of this Title. No cannabis business establishments shall be located in residential districts of the city.
      2.   No cannabis business establishment shall be located closer than one hundred feet (100’) from the property line of a pre-existing property zoned for residential purposes.
      3.   No cannabis business establishment shall be located closer than one hundred feet (100’) from the property line of any pre-existing:
         (a)   Public or private nursery school, preschool or elementary or secondary school;
         (b)   Day care center, day care home, residential care home, child care center or youth facility;
         (c)   Recreation center or facility;
         (d)   Public playground, park or library;
         (e)   Place of religious worship.
      4.   No dispensing organization shall be located within one thousand five hundred feet (1,500’) of the property line of a pre-existing dispensing organization.
      5.   No craft grower shall be located within one thousand five hundred feet (1,500’) of the property line of a pre-existing craft grower or cultivation center.
      6.   No cultivation center shall be located within one thousand five hundred feet (1,500’) of the property line of a pre-existing cultivation center or craft grower.
   (E)   Co-Location Of Cannabis Business Establishments: Except as hereafter set forth with respect to dispensing organizations and craft growers, no cannabis business establishment may co-locate on the same premises with another cannabis business establishment. Dispensing organizations and craft growers may co-locate on the same premises provided that each such cannabis business establishment is properly licensed and zoned in accordance with the Cannabis Regulation and Tax Act and this title.
   (F)   Parking: The lighting of parking facilities of all cannabis business establishments shall be kept in good working order and of sufficient wattage for the appropriate use of security cameras and the safety of customers and employees. The parking facilities of a dispensing organization must be accessed directly from a public street and be visible from a public street. (Ord. 3178, 12-2-2019)