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Dundee City Zoning Code

ARTICLE 11

- GENERAL PROVISIONS

Section 11.01.- Voting Place.

The provisions of this Article shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with Village, school, or other public election.

Section 11.02. - Calculation of (Buildable) Lot Area.

In the calculation of areas required to maintain specific densities, common open space requirements, and similar requirements, no lot or parcel or portion of same shall be used more than once in such calculation, nor shall adjacent outlots or other open space be used in lieu of space contained within the stated boundaries of the subject lot or parcel.

Section 11.03. - Changes in Tenancy/Ownership.

All structures or uses which are conforming uses, nonconforming uses, or approved special land uses, planned unit developments or site plans with conditions attached for approval, shall comply with these regulations, approvals, or conditions regardless of change of tenancy or ownership of the property or use. Regulations in this Ordinance pertaining to the discontinuance of nonconforming uses, as provided for in Article 20, shall continue to be met.

Section 11.04. - Essential Services.

It is the intent of the Ordinance to regulate essential services and property owned, leased, or operated by public agencies, including local, state, federal, or any other public or governmental body or agency, as follows:

A.

Essential services shall be permitted in any district.

B.

Buildings constructed in conjunction with an essential service shall require a plot plan approved by the Zoning Administrator, in accordance with the requirements set forth in Article 8, Site Plan Review.

C.

Property owned, leased, or operated by the state or the United States shall be exempted from the provisions of this article, only to the extent that said property may not be constitutionally regulated by the Village.

Section 11.05. - Principal Building, Structures, and Uses of a Lot.

A.

Single-Family Residential Dwellings: Unless otherwise specified by this Ordinance, only one (1) detached one-family dwelling may be permitted on a lot in a residential zoning district. Two (2) one-family dwellings may be permitted on a lot if they are constructed as attached one-family dwellings. This section shall not apply to two-family dwellings, multi-family dwellings, or other types of dwellings.

B.

Principal Uses. No lot may contain more than one (1) principal building, structure, or use, except groups of multiple-family dwellings, under the same ownership, site condominium projects, manufactured housing communities, farm worker housing, unified retail/business centers, auto dealerships, office complexes or other groups of buildings the Zoning Enforcement Officer deems to be a main use collectively.

C.

Use of Structures for Dwellings. The use of any portion of the basement of a partially completed building, or any garage or accessory building for dwelling or sleeping purposes in any zoning district is prohibited.

Section 11.06. - Temporary Uses, Buildings, and Structures.

A.

Temporary Uses Permitted with Village Board of Trustees Approval. The following uses and associated structures and buildings, which are clearly temporary in nature, may be permitted by the Village Board of Trustees provided it meets the review standards of Section 11.07.F.

1.

Fund raising events to support non-profit organizations.

2.

Tent sales or sidewalk sales of retail goods.

3.

Temporary dwellings in accordance with Section 11.06.G.

4.

Carnivals and fairs.

5.

Festivals sponsored by non-profit organizations.

6.

Golf tournaments.

7.

Temporary rental/sales offices.

8.

Temporary land uses and activities intended for seven (7) consecutive days or less or no more than two (2) consecutive weekends.

B.

Temporary Uses Permitted with Zoning Enforcement Officer Approval. The following structures and buildings, which are clearly temporary in nature, may be permitted by the Zoning Enforcement Officer, provided it meets the standards of the Section 11.06.F.

1.

Facilities at athletic events including portable toilets, tents, and signs.

2.

Facilities for temporary storage of materials or equipment related to large construction projects.

3.

Temporary construction structures including contractor's portable office or toilet facilities.

4.

Construction equipment and other apparatus when used on a construction site stored other than during times of active construction.

5.

Temporary dwelling while building a permanent dwelling unit in accordance with Section 11.06.G.

C.

Application Procedure. Application for approval of any temporary use, building, or structure shall be filed by the owner of the property or his designated representative with the Zoning Enforcement Officer. The applicant shall submit a written request on such forms as provided by the Village. The request shall be accompanied by the required fee(s) as established by the Village Board of Trustees. The request should include, at a minimum, the following information:

1.

The name, address, and telephone number of the applicant.

2.

The location of the property.

3.

A complete explanation of the proposed temporary use, building or structure.

4.

A plot plan in sufficient detail to allow review of the items listed in subsection 11.07.F.

5.

Any other information requested by the Zoning Enforcement Officer and deemed necessary to make the necessary findings for approval.

D.

Application Approval.

1.

The Village Board of Trustees or Zoning Enforcement Officer, as provided by this Section, may approve, approve with conditions, or deny a temporary use, building or structure based upon review of the items required pursuant to the requirements of this Section and 11.07.F.

2.

The approving authority may set forth conditions for approval of the temporary use, building or structure, may set a time limit for the expiration of the temporary use, building or structure permit, and may require the posting of a performance bond or insurance to ensure prompt termination and removal of the use, building or structure, and clean-up.

3.

The Zoning Enforcement Officer shall notify the Planning Commission in writing of each temporary use granted under this Section.

E.

Reconsideration of Permit. The body that originally issued a temporary use, building or structure permit has the authority to revoke or reconsider that permit based upon a finding that the conditions of the approval have been violated, or that the use, building, or structure is adversely affecting the surrounding area. For permits that were issued by the Village Board of Trustees, a temporary use, building or structure permit may be suspended by the Zoning Enforcement Officer until they can act, if the Zoning Enforcement Officer determines that public health or safety is jeopardized.

F.

Review Standards. Prior to approval of any temporary use the reviewing body shall consider both the on-site and off-site impacts of the temporary use including the following issues

1.

Adequacy of parking and access.

2.

Adequacy of drainage.

3.

Compatibility with surrounding land uses.

4.

Size, height, and type of construction of proposed buildings and structures in relation to surrounding sites.

5.

Sufficient setbacks from street and lot lines.

6.

Adequacy of utilities.

7.

Trash disposal and site clean-up.

8.

Adequacy of sanitary facilities.

9.

Hours of operation.

10.

Outdoor lighting and signs.

11.

Other licenses or permits required.

12.

Potential noise, odors, dust, and glare.

13.

Fire lanes, fire protection, and security.

14.

Off-site impacts of traffic volumes and circulation.

15.

Necessity of a performance bond or insurance to ensure prompt termination and removal of the use, clean-up, or compensation for impacts of the temporary use, building or structure.

16.

Other concerns which may affect the public health, safety, or general welfare.

G.

Standards for Temporary Dwellings: Temporary dwellings, as permitted in this Section, shall be subject to the following additional requirements:

1.

No cabin, garage, cellar, or basement, or any temporary structure whether of a fixed or movable nature may be erected, altered, or moved upon or used in whole or in part for any dwelling purpose whatsoever except as provided in this Section.

2.

During the period of construction of a new residential dwelling, or if a dwelling is destroyed or is damaged by a natural or manmade event, such as fire, flood, windstorm, or tornado, to an extent that it is uninhabitable for a period of time, a temporary dwelling, including a manufactured home, approved by the Zoning Enforcement Officer, may be moved onto the lot, after obtaining a permit therefore from the Zoning Enforcement Officer for use as a temporary dwelling during construction, replacement or repair of a permanent dwelling. Occupancy of the temporary dwelling shall be limited to the owner or potential occupant of the new permanent dwelling under construction. The temporary dwelling shall be placed so as to conform to all yard requirements of the zoning district in which it is located and shall be connected to a private water supply and sewage disposal systems approved by the County Health Department or to public water supply and sewage disposal systems.

3.

The Zoning Enforcement Officer shall establish a reasonable date for removal of the temporary dwelling, not-to-exceed six (6) months from the period for reasonable cause. The temporary dwelling shall be removed from the lot within two (2) weeks of the date of completion of the replaced or repaired dwelling, with the date of completion to be as listed on the certificate of occupancy. A performance bond in the amount of one thousand dollars ($1,000) shall be provided to ensure removal of the temporary dwelling in accordance with the permit.

4.

The Zoning Enforcement Officer shall provide a written statement setting forth the conditions of permission granted under this Section to the proposed occupant and shall retain a copy in the file.

Section 11.07. - Residential Occupancy by Unrelated Individuals.

The collective number of unrelated individuals domiciled together in a single-family dwelling unit, whose relationship is of a continuing, non-transient domestic character and who are cooking and living as a single non-profit housekeeping unit shall not exceed six (6) persons. This requirement is intended to avoid the occupation of single-family dwelling units by any society, coterie, club, fraternity, sorority, association, or other assembly of persons that may impact the character of surrounding land uses.

Section 11.08. - Storage of Recreational Vehicles and Equipment.

A.

Standards in Residential Districts. The following standards shall apply in all residential districts:

1.

Recreational vehicles and equipment may be parked and stored in the side yard, behind the front building line, on any lot or parcel in any residential district, and/or parcel used for residential purposes, providing the following is satisfied:

a.

No less than a five (5) foot side yard setback is maintained.

b.

No less than a ten (10) foot setback is maintained from the adjacent home unless abutting the garage in which case only the five (5) foot side yard setback shall apply.

c.

On a corner lot, vehicles and equipment shall be stored behind the established front building line as defined in Section 2.02.

2.

No more than two (2) units shall be parked outside of a garage or similar structure. For purpose of this limitation, a unit shall be recreational equipment used in conjunction with other recreational equipment (i.e., a boat mounted on a boat trailer shall be considered one (1) unit).

3.

If the side or rear yard are inaccessible (i.e., grade or proximity to permanent structure), one (1) unit may be parked in the driveway provided no less than a ten (10) foot setback is maintained from the public sidewalk and it does not obstruct pedestrian or vehicular visibility.

4.

For the purposes of loading and unloading, recreational vehicles and equipment may be parked anywhere in a driveway or parking area on a residential, premises for a period not to exceed forty-eight (48) hours.

5.

Such equipment shall not be used for living or sleeping purposes when parked or stored on a residential lot, or in any location not approved for such use, other than as follows:

a.

The location shall be in accordance with the above noted provisions and shall never be within the public right-of-way.

b.

Duration shall not exceed two (2) weeks, no more than four (4) times per year.

6.

Recreational vehicles and equipment shall not be parked or stored on any public right-of-way.

7.

Stored recreational vehicles must have a current license plate and registered to an occupant of the dwelling unit on the parcel(s) on which it is stored.

B.

Standards in Multiple-Family Districts and Manufactured Housing Communities. In any multiple family residential district or manufactured housing community, the property owner or the controlling association shall provide a designated area, approved by the Planning Commission, to park or store recreational vehicles and equipment. Parking spaces required to meet parking requirements shall not be used for the parking and storage of recreational vehicles and equipment.

C.

Repairs in Residential Districts. Recreational vehicles and equipment may not be stored or parked in residential districts for the purpose of making major repairs (i.e., engine rebuilding, reconditioning of motor vehicles, body work, etc.), refurbishing, or reconstruction of the recreational vehicle or equipment.

D.

Non-Residential Districts. The storage of recreational vehicles and equipment in non-residential districts when it is not associated with the business of the property, shall provide proper screening (i.e., no less than eight (8) foot evergreens and/or a solid fence) so that it is not visible from the street and abutting residential areas.

Section 11.09. - Home Occupations.

A.

Intent. It is the intent of this Section to allow for and regulate the establishment of home occupations that are compatible with the neighborhood in which they are located, and which will preserve the peace, quiet, and domestic tranquility within all residential districts of the Village of Dundee.

B.

General Provisions. Home occupations may be permitted subject to the following conditions:

1.

No more than one (1) employee other than members of the family residing on the premises shall be engaged in such operation.

2.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes, and not more than fifteen (15%) percent of the habitable floor area of the dwelling unit may be used for the purposes of the home occupation.

3.

The use of a single-family residence by an occupant of that residence to give instruction in a craft or fine art within the residence, shall be deemed to be a home occupation.

4.

A home occupation, including storage of materials and goods, shall be conducted within the confines of the dwelling unit or within a building accessory thereto. There shall be no change in the outside appearance of the structure or premises, or other visible evidence of conduct of such home occupation, and there shall be no external or internal alterations that are not customary in residential areas.

5.

Unless specifically otherwise provided herein, no article shall be sold or offered for sale on the premises except as prepared within the dwelling or accessory building or is provided as incidental to the service or profession conducted therein. A retail showroom, sales area, outlet, or similar facility is prohibited.

6.

Traffic generated by such operation shall not be greater than that for normal residential purposes, and generally no more than ten (10) vehicular trips per day.

7.

No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odor, or electrical interference that are nuisances to persons off the lot. Any electrical equipment or process which creates visual or audible interference with any radio or television receivers off the premises or which cause fluctuations in line voltages off the premises shall be prohibited.

8.

Signs for the home occupation shall be limited to one (1) non-illuminated, non-protruding name plate, not more than two (2) square feet in area, attached to the building, located near the front entrance, and which sign shall contain only the name, occupation, and/or address of the premises.

9.

No outdoor display and/or storage of materials, goods, supplies, or equipment used in the home occupation shall be permitted on the premises.

10.

Any necessary parking spaces for vehicles generated by the conduct of the home occupation shall be provided on the site in a normal driveway or where on-street parking is permitted.

C.

Application Procedures. An application shall be submitted through the Zoning Enforcement Officer for review and consideration by the Planning Commission. The Zoning Enforcement Officer may require any information necessary for a complete review of the application. Each application shall be accompanied by the payment of a fee established by the Village Board of Trustees.

D.

Reconsideration of Home Occupation. The Planning Commission shall have the authority to revoke any home occupation permit after the applicant has failed to comply with any of the applicable requirements of this Section or any other applicable sections of this Ordinance.

E.

Non-Conforming Home Occupations. Non-conforming home occupations that have been granted approval prior to the effective date of this Ordinance may be allowed to continue as long as the home occupation remains in conformance with the requirements and provisions of the Ordinance in effect at the time of approval.

Section 11.11. - Keeping of Animals.

A.

Household Pets. The keeping of household pets, including dogs, cats, rabbits, fish, birds, hamsters, and other animals generally regarded as household pets is permitted in any zoning district that allows residential uses with the following listed limitations, unless the site is approved as a commercial kennel.

1.

No more than three (3) dogs or cats, six (6) months of age or older, in any combination; and

2.

No more than a total of five (5) animals six (6) months of age or older.

B.

Horses: The keeping of horses, ponies and other equine on a residential lot is only permitted in the RA-1 Single-Family Residential District on residential lots of at least five (5) acres in size. There shall be five (5) acres for the first horse or pony kept on a lot and one and one half (1.5) acres for each thereafter. All keeping of horses shall meet the following standards:

1.

All grazing areas shall be fenced.

2.

An accessory structure shall be provided to house such animals.

3.

Any barn or stable structure and any outdoor feed (non-grazing) area training or exercising corrals shall be setback at least one hundred (100) feet from any occupied dwelling or any adjacent building used by the public.

4.

All stables shall be enclosed by a suitable fence and shall be maintained so that odor, dust, noise, or water drainage shall not constitute a nuisance or hazard to adjoining premises.

C.

Other Livestock and Exotic Animals. The keeping of livestock (other than horses, ponies, and other equine) and exotic animals is prohibited, except as otherwise permitted herein.

D.

Poultry.

1.

Raising poultry shall be permitted in any residential zoning district but shall be limited to no more than six (6) poultry at any one-time.

2.

No roosters may be kept on the premises.

3.

Poultry shall be confined to a rear yard and confined in an enclosure that does not exceed thirty-six (36) square feet from any adjacent property line.

4.

All feed associated with the keeping of poultry shall be secured and protected to avoid attracting vermin.

Section 11.12. - Accessory Buildings, Structures and Uses: General.

A.

General Standards.

1.

Accessory buildings, structures and uses are permitted only in connection with and incidental to a principal building or structure that is permitted in the same zoning district.

2.

No accessory building, structure or use shall be constructed or established on any lot or parcel without a principal building, structure, or use. No accessory building, structure, or use shall be occupied or in operation unless the principal structure, building, or main use to which it is accessory is occupied or in operation.

3.

An accessory building, structure, or use must be in the same zoning district as the principal building or structure on a lot.

4.

Where an accessory building is structurally attached to a principal building, it shall be subject to, and must conform to, all regulations of this Ordinance, applicable to principal buildings.

5.

Detached accessory buildings and structures shall be permitted only in the rear yard, behind the rear building line.

6.

No detached accessory building shall be located closer than ten (10) feet to any principal building nor shall it be located closer than two (2) feet to any side or rear lot line. The Village may reduce the spacing requirement from the principal building if a two (2) hour firewall is provided on the accessory building.

7.

When an accessory building is located on a corner lot the accessory building shall not project into the required front yard unless such building is structurally attached to the principal building and required setbacks are met.

8.

Accessory buildings and structures may occupy not more than thirty-five (35%) percent of the rear yard, provided that in no instance shall the accessory building exceed the requirements of Section 11.12.09.

9.

The maximum cumulative square footage of all accessory buildings and structures shall be as follows:

a.

On lots up to two (2) acres in size, the cumulative square footage of all detached accessory buildings and structures shall not exceed one-half (0.5) the total gross floor area of the principal building.

b.

On lots over two (2) acres in size, the cumulative square footage of the detached accessory buildings and structures shall not exceed two (2) times the gross floor area of the principal building.

c.

In no case shall accessory buildings and structures, occupy more than thirty-five (35%) percent of the rear yard.

10.

The maximum building height for any detached accessory building is fifteen (15) feet.

11.

The design, color, building materials and roof pitch of any accessory building must be compatible with the principal building.

12.

No more than two (2) detached accessory buildings shall be permitted on any lot in a Residential District.

13.

Accessory buildings and structures shall not be occupied for dwelling purposes.

B.

Decks, Patios and Porches.

1.

Minimum Setback: Uncovered and unenclosed decks, patios, terraces, and porches elevated six (6) inches or more above grade in any Residential District shall meet the front yard setback of the district and be set back a minimum of three (3) feet from any side or rear lot line.

2.

Allowable Coverage: A deck, patio, terrace, or porch may be covered with an open-type canopy or sunscreen not to exceed fifty (50%) percent of the area of the deck, patio, terrace, or porch.

C.

Private Swimming Pools.

1.

Permit Required: No private swimming pool (excluding a children's swimming pool), shall be hereafter erected or constructed unless a building permit shall have been first issued for such work by the Zoning Enforcement Officer.

2.

Required setbacks:

a.

There shall be a minimum distance of not less than ten (10) feet between adjoining property lines, or alley rights-of-way and the outside of the swimming pool wall. Side yard setback shall apply if the side yard setback requirement for the district is greater than ten (10) feet.

b.

No swimming pool wall shall be located less than fifty (50) feet from any street right-of-way line or private road easement.

c.

No swimming pool shall be located in an easement including a utility or drainage easement.

3.

Barrier Required: Swimming pool barriers shall be provided in accordance with the applicable Building Code requirement.

4.

Electrical Considerations: All electrical installations or wiring in connection with swimming pools shall conform to the provisions of the State of Michigan's Electrical Code.

5.

Permit: Upon compliance with all requirements of this Section and upon determination by the Zoning Enforcement Officer that the proposed swimming pool will not be injurious to the general public health, safety, and welfare of the Village and its citizens, Zoning Enforcement Officer shall issue a permit conditioned upon compliance with the requirements of this Section and the Building Code.

6.

Sanitation: The current standards set by the State Department of Public Health to protect public health in the use of such swimming pools are hereby adopted and made a part of this Article. Swimming pools shall conform to applicable of the Monroe County Sanitary Code requirements for isolation distances.

7.

Hot Tubs: Hot tubs will be allowed adjacent to a dwelling in any Residential District. Hot tubs must have a locked lid or meet applicable Building Code barrier requirements.

D.

Fences, Walls, and Other Protective Barriers.

1.

Approval Required: The erection, construction or alteration of any fence, wall or other type of protective barrier shall be approved by the Zoning Enforcement Officer as to conformance with the requirements of the zoning district and this section.

2.

Fence Height Measurement: The height of a fence shall be measured using the following method:

a.

The permitted height of all fences shall be measured from the ground elevation adjacent to the fence line, as determined by the Zoning Enforcement Officer.

b.

The permitted height of fences shall not be measured from an area of the ground that has been built-up or constructed in a manner that would have the effect of allowing a taller fence than permitted by this Article (e.g., the height of fences erected on a berm shall be measured from the finished grade adjacent to the edge of the berm).

3.

Visibility at Intersections: All fences in the front yards must comply with the requirements of Section 16.03, Visibility at Intersections.

4.

Decorative Fences and Landscape Features: Decorative fences (i.e., wrought iron, brick, stone, etc.) and landscape features which are less than thirty (30) inches in height may be considered a landscape element and may be located within a front, side, or rear yard without a permit.

5.

Fences in Residential Districts.

a.

Fences located in the required and addressed front yard shall be setback from the property line no less than four (4) feet for fences up to three (3) feet in height and are intended to be decorative.

b.

Fences located in the required and non-addressed (secondary) front yard of a corner or through-lot shall be setback from the property line as follows:

(1)

No less than four (4) feet for fences up to three (3) feet in height and are intended to be decorative.

(2)

No less than ten (10) feet for fences up to four (4) feet in height and shall comply with the definition of a non-privacy fence.

(3)

No less than fifteen (15) feet for fences up to five (5) feet in height and shall comply with the definition of a non-privacy fence.

(4)

No less than the front yard setback required within the zoning district for fences up to six (6) feet in height and shall comply with the definition of a privacy fence.

c.

Fences located in the side and rear yards shall have a maximum height of six (6) feet and may be located on the property line assuming the front yard fencing requiring are satisfied.

d.

Fencing materials shall be all weather, zero maintenance, and/or no less than forty (40) grade treated wood.

e.

Chain link or similar fencing is permitted everywhere except within the front yard.

f.

The finished side shall face outward toward adjacent property or right-of-way.

6.

Fences in Business and Manufacturing Districts:

a.

No fences may be located within the required front yard.

b.

On a lot occupied by a principal structure, no fence may be located within the required front yard.

c.

No fence may exceed eight (8) feet in height.

d.

All fences should attempt to be decorative in nature and should be wrought iron, wood, brick, stone, and similar replications of these materials. However, when abutting residentially zoned and/or used property, and when used to screen parking or outdoor storage areas, the fence shall be constructed of an opaque material.

e.

Chain link or similar fencing is permitted everywhere except within the front yard and when abutting residentially zoned and/or used property.

7.

Prohibited Fences. The following fences are prohibited:

a.

A fence consisting in whole or part of coils of barbed wire, concertina wire or razor wire;

b.

A fence with razored edges, broken glass, affixed spikes, projecting nails or other pointed instruments of any kind or description attached; fence gates shall not be constructed so as to create a hazard to the public by the projection of any pointed instrument or member when open or partially open;

c.

A fence charged or connected with an electrical current, provided however, this provision shall not be construed to apply to electrical fences installed below ground as elements of an animal control or security system;

d.

A standard barbed wire fence except upon essential service sites or industrial properties which do not abut property zoned or used for residential purposes; in such locations standards barbed wire may be installed on the top of a fence on arms or cradles extending inward over the owner's property provided that the fence has a minimum height of six (6) feet above the adjacent grade and the combined height of the fence and barbed wire and arms or creates does not exceed eight (8) feet above the adjacent grade;

e.

A chain link or similar fencing, unless noted in this Section.

f.

A fence which consists in whole, or part of woven plastic or other similar materials utilized within a chain link fence; and

g.

A fence with all metal (i.e., barn siding, roof material, etc.), opaque paneling.

E.

Reception Antennas:

1.

In all districts, the installation and/or use of a reception antenna having a diameter in excess of one (1) meter (3.28 feet) shall be an accessory use subject to approval by the Zoning Enforcement Officer.

2.

A ground-mounted reception antenna shall be located in the rear yard only and shall be located no closer than six (6) feet from a side or rear lot line.

3.

A roof-mounted reception antenna shall be located on that side of the roof adjacent to the rear yard of the property and a structure-mounted antenna shall be located in the rear yard only.

4.

All reception antennas shall be of mesh or rod and/or pole construction and shall not be of solid sheet or panel construction and shall be black in color.

5.

Excluded from the regulations of this section are conventional VHF and UHF television antennae and satellite dishes less than one (1) meter in diameter.

6.

Residential radio towers, citizen band radios, ham operations, and attendant facilities shall be permitted as accessory uses and/or structures to a residential use.

Section 11.13. - Waste Receptacles and Screening.

Waste receptacles shall comply with the following requirements:

A.

A space for the location of a waste receptacle, including a dumpster or compactor, paved with a concrete pad, shall be provided for each zoning lot in all non-residential districts regardless of whether or not use of a waste receptacle is intended.

B.

The waste receptacle base shall be at least nine (9) feet by six (6) feet in area, constructed of six (6) inches of reinforced concrete. The base shall extend six (6) feet beyond the waste receptacle pad or gate to support the front axle of a refuse vehicle.

C.

The waste receptacle shall be located in a rear yard or interior side yard and shall be clearly accessible to servicing vehicles. It shall be located as far as possible from any adjoining residential district or use.

D.

Waste receptacles shall be screened from view on all sides. Such screening shall consist of an obscuring wall constructed of brick or decorative concrete material which is not less than six (6) feet in height or at least one (1) foot above the height of the enclosed waste receptacle, whichever is greater. Gates providing access shall also provide screening. Enclosure materials are required to match the materials of the principal structure.

Section 11.14. - Supplementary Height Regulations.

The following kinds of structural appurtenances may be permitted to exceed the height limitations for an authorized use.

A.

Schools, churches, hospitals, and other institutional buildings may be erected to a height not exceeding sixty (60) feet provided the front, side and rear yards shall not be less than the height of the building wall abutting that yard.

B.

Chimneys, church spires, cupolas, domes, towers, penthouses, water tanks, monuments may be erected to a height up to sixty (60); flag poles may be up to forty (40) feet tall. The Village shall be provided sufficient evidence to assure that adjacent uses and structures are not threatened due to a collapse of the structure for any reason.

C.

Mechanical equipment such as blowers, ventilating fans, and air conditioning units, shall be placed no closer than three (3) feet to any lot line in commercial districts and no closer than twelve (12) feet to any lot line in residential districts. Mechanical equipment in industrial districts shall comply with all yard setbacks.

D.

Any mechanical equipment, including water and gas meters, elevator housings, stairways, tanks, heating, ventilation and air conditioning equipment, and other similar equipment, located on the roof of any building shall comply with the following standards:

1.

All such equipment shall be screened by a solid wall, fence, landscaping and/or architectural feature that is constructed of the same material and compatible in appearance with the principal building.

2.

Roof-mounted equipment shall not exceed a height of ten (10) feet above the surrounding roof surface and shall occupy no more than fifteen (15%) percent of the total roof area. When roof-mounted equipment is located on a building that is adjacent to a residential use or is in view from the adjacent roadway, appropriate architectural screening shall be required.

E.

Structural extensions appropriate to the building design, such as cornices, shall be limited to five (5) feet above the stated height limit.

F.

Silos and other similar farm structures shall be limited to fifteen (15) feet above the stated height limit.

Section 11.15. - Projections into Yards.

The following table outlines instances where projections into the required yard of the district is permissible.

ProjectionAll YardsRear Yard Side Yard
Air conditioning equipment shelters X X
Air conditioning units, window mounted X
Access drives X
Architectural entrance features (1) X
Awnings and canopies X
Bay windows (1) X
Decks, open or enclosed X X
Eaves, overhanging (1) X
Fences X
Flagpoles X
Gutters (1) X
Paved terraces and open porches X
Privacy walls X
Signs X
Stairways, open unroofed X
Steps and stoops X

 

x = Permitted in any area of yard

Notes related to table:

1.

Architectural Features: Bay windows, windowsills, belt courses, cornices, eaves, overhanging eaves, and other architectural features may project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard and may extend into any front or rear yard not more than twenty-four (24) inches.

Section 11.16. - Lot Measurement along a Cul-de-Sac.

For lots located on a cul-de-sac, calculations of the minimum dimensional standards shall be according to this Section.

A.

Minimum frontage shall be no less than twenty (20%) percent of the lot width required for the district, or sixteen (16) feet, whichever is greater and shall be measured along the curved front lot line.

B.

Minimum required front yard setback shall be defined along a curve parallel to the front lot line.

C.

Minimum lot width shall be measured along the curve that defines the minimum front yard setback.

Section 11.17. - Repair of Vehicles in Residential Districts.

Repair, restoration and maintenance procedures or projects on vehicles in any residential zoning district, when such work is not conducted entirely within the interior of the vehicle, shall be subject to the following limitations:

A.

Procedures exceeding forty-eight (48) hours in duration, or which require the vehicle to be immobile or inoperable in excess of forty-eight (48) hours shall be carried out within an enclosed building.

B.

Inoperable vehicles and vehicle parts shall be stored inside an enclosed building.