Edgerton City Zoning Code
CHAPTER 1137
Districts and General Provisions
1137.01 DISTRICTS ESTABLISHED.
The Village is hereby divided into districts under four general categories which shall be known as: Open Area Districts, Residential Districts, Business Districts and Industrial Districts.
(a) Open Area Districts.
"S-1" Special: Areas which are suitable for parks and recreation, public uses, and essential services.
(b) Residential Districts.
(1) "R-1" Low Density Residence: For relatively low density residential development which may or may not have group water and sewage facilities.
(2) "R-2" Moderate Density Residence: For residential development of moderate density, including multiple dwellings as well as one and two- family residences served by or proposed to be served by group water and sewerage facilities. (Ord. 312. Passed 9-26-77.)
(3) "R-3" Heavy Density Residence: For residential development of moderate density, including multiple dwellings as well as one and two-family residences served by or proposed to be served by group water and sewerage facilities on certain lots of the original plat of the Village.
(Ord. 427. Passed 6-28-82.)
(c) Business Districts.
(1) "C-1" Downtown Business: For the central business area of the Village in recognition of the traditional development pattern of common walls, development to the property lines and no on-site parking.
(Ord. 312. Passed 9-26-77.)
(2) "C-2" General Business: Those areas outside the traditional central commercial area of the Village along major highways or thoroughfares.
(Ord. 381. Passed 2-25-80.)
(d) Industrial Districts.
(1) "M-1" Light Manufacturing District (M-1): The purpose of the M-1 District is to encourage the development of manufacturing and wholesale business establishments which are clean, quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare; operate entirely within enclosed structures and generate little industrial traffic. Research activities are encouraged. This district is further designed to act as a transitional use between heavy manufacturing uses and other less intense business and residential uses.
(2) "M-2" Heavy Manufacturing District (M-2): The purpose of the M-2 District is to provide land for the mining, processing, and storage of mineral resources. This district is designed to assure that these resources be properly managed and all lands be reclaimed so as not to create a hazard or nuisance which either immediately or in the future adversely affects the health, safety, or general welfare of the community.
(Ord. 312. Passed 9-26-77.)
1137.02 DISTRICT MAP.
(a) The boundaries of the districts are shown upon the map which is made a part of this Zoning Ordinance which map is designated as the "District Map". The district map and other information shown thereon are a part of this Zoning Ordinance. The district map is properly attested and is on file with the Village Clerk.
(b) No changes of any nature shall be made in the District Map or matter shown thereon except in conformity with the procedures set forth in this Zoning Ordinance. The Village Clerk shall maintain said map and make the appropriate changes thereto as enacted by the Council.
(c) The District Map, which shall be located in the Office of the Village Clerk shall be the final authority as to the current zoning status of land and water area, buildings and other structures. (Ord. 312. Passed 9-26-77.)
1137.03 DISTRICT BOUNDARIES.
The district boundary lines on said map are intended to follow either centerlines of thoroughfares or railroads or lot lines. In the case of unsubdivided property, the district boundary lines shall be determined by the use of the scale appearing on the District Map or by dimensions.
(Ord. 312. Passed 9-26-77.)
1137.04 USE REGULATIONS.
The permitted and conditional uses for each district are shown in the following tabulations which shall constitute Section 1137.04 of the Zoning Ordinance. The interpretation of uses given in categorical terms shall be as defined in Section 1129.02. Uses not specifically listed or interpreted to be included categorically under this section and Section 1125.01 shall not be permitted except by amendment to the Zoning Ordinance. See Section 1145.06(d) for specific conditional use criteria as set forth below.
(a) "S-1" Special.
Conditional Uses Requiring Specific Conditional Permitted Uses Board Approval Use Criteria Parks Semipublic Uses (1),(2),(3),(4),(6),(8),(12) Public Uses Public Service (1),(2),(3),(4),(5),(6),(10), Essential Services Facility (12),(15) Accessory Uses Community or Club (2),(3),(4),(5),(6),(8),(12), Recreational Facility Swimming Pool (21) |
(b) "R-1" Low Density Residence.
Conditional Uses Requiring Specific Conditional Permitted Uses Board Approval Use Criteria Single-family dwelling Two-family dwelling (4),(6),(8) Home Occupation Essential Services Public Uses (1),(2),(3),(4),(6),(7),(8) Accessory Uses Semipublic Uses (1),(2),(3),(4),(6),(7),(8) |
(c) "R-2" Moderate Density Residence.
Conditional Uses Requiring Specific Conditional Permitted Uses Board Approval Use Criteria All Uses Permitted and Multi-family dwelling (3),(4),(6),(8),(20) Conditionally Per- Recreational Facilities (2),(3),(4),(6),(7),(8) mitted in R-1 Professional Activities (3),(4),(5),(6),(8) Dwelling, rooming house Nurseries, Nursing (3),(4),(5),(6),(7),(8) (boarding house, lodging Homes house, dormitory) Public Service Facility (1),(2),(3),(4),(5),(6),(8), (9),(10),(15) Child Care Clinics (3),(4),(5),(6),(7),(8) Mortuaries (3),(4),(5),(6),(7),(8) Community or Club (2),(3),(4),(5),(6),(7),(8), Swimming Pool (21) |
(d) "R-3" Heavy Density Residence.
Conditional Uses Requiring Specific Conditional Permitted Uses Board Approval Use Criteria All uses permitted and Multi-family dwelling (3),(4),(6),(8),(20) Conditionally Per- Recreational Facilities (2),(3),(4),(6),(7),(8) mitted in R-1 Professional Activities (3),(4),(5),(6),(8) Dwelling, rooming house Nurseries, Nursing (3),(4),(5),(6),(7),(8) (boarding house, lodging Homes house dormitory) Public Service Facility (1),(2),(3),(4),(5),(6),(8), (9),(10),(15) Child Care Clinics (3),(4),(5),(6),(7),(8) Mortuaries (3),(4),(5),(6),(7),(8) Community or Club (2),(3),(4),(5),(6),(7),(8), Swimming Pool (21) |
(e) "C-1" Downtown Business.
Conditional Uses Requiring Specific Conditional Permitted Uses Board Approval Use Criteria Essential Services Garage, Service Accessory Uses Station (4),(8),(10),(12),(15) Professional Activities Automobile Sales & (4),(8),(10),(12),(15) Repair Mortuaries Farm Implement Sales (4),(8),(10),(12),(15) & Service Retail Business Animal Hospitals & (4),(8),(10),(12),(15) Professional Services Clinics Business Services Offices and Banks Plumbing, Heating & (4),(8),(10),(12),(15) Restaurants and Electrical Services Taverns Two-family dwelling (4),(8) Hotels & Motels Public Uses (2),(4),(7),(8) Commercial Entertainment Facilities Multi-family dwelling (4),(6),(8),(20) Dwelling, rooming house Lodges and Club Houses (boarding house, lodging house, dormi- tory (4),(6),(8),(20) Printing and Publishing Recreational Facilities (2),(4),(8) Nurseries, Nursing (4),(8) Home Public Service Facility (2),(4),(8),(9),(10),(12) (15) Child Care Clinics (4),(8) |
(f) "C-2" General Business.
Conditional Uses Requiring Specific Conditional Permitted Uses Board Approval Use Criteria All Uses Permitted & Con- Transport and Trucking (4),(8),(11),(12),(15) ditionally Permitted in Terminals C-1 Drive-In Theatres (1),(2),(4),(8),(9),(12),(15) Sales and storage of build- Mobile Home Park (19) ing materials Single Mobile Home (19) Drive-In Restaurants Community or Club (2),(4),(8),(21) Storage Units Primarily Swimming Pool for non-industrial use Semipublic Uses (2),(4),(7),(8) |
(g) "M-2" Light Manufacturing District.
Conditional Uses Requiring Specific Conditional Permitted Uses Board Approval Use Criteria Light Manufacturing Those Uses First Per- Research and Testing mitted or Condi- Warehousing tionally Permitted in C-1 and C-2 (2),(4),(8),(12),(15),(19) |
(h) "M-2" Heavy Manufacturing District.
Conditional Uses Requiring Specific Conditional Permitted Uses Board Approval Use Criteria Grain Elevators and Feed Those Uses First Per- (4),(8),(12),(15) Mills mitted or Condition- Bulk Oil Storage ally Permitted in M-1 Fertilizer Sale and Storage Mineral Extraction, (4),(8),(9),(12),(13),(14),(15), Storage and Proces- (16),(17),(18) sing Auto Wrecking, Salvage (4),(8),(9),(12),(15) and Storage |
(Ord. 312.Passed 9-26-77; Ord. 427. Passed 6-28-82; Ord. 448. Passed 12-1-83; Ord. 568. Passed 6-10-91; Ord. 1047. Passed 12-16-19.)
1137.05 HEIGHT REQUIREMENTS.
(b) Exceptions to height limitations:
(1) On through lots 150 feet or less in depth, the height of a building may be measured from the adjoining curb level on either street.
(2) On through lots more than 150 feet in depth, the height regulations and basis of height measurements for the street permitted the greater height, shall apply to a depth of not more than 150 feet from the street.
(3) Penthouses or roof structure for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, television aerials, electrical transmission and communication poles and towers, theatre screens, steeples, roof signs, flagpoles, chimneys, smokestacks, wireless masts, water tanks, grain elevators, silos, gas containers, industrial installation requiring a vertical production procedure such as flour mills, steel mills and refineries, or similar structures may be erected above the height limits herein prescribed, but no such structures or any place above the height limits shall be allowed for the purpose of providing additional floor space for residential, business or industrial use. (Ord. 312. Passed 9-26-77.)
1137.06 LOT AREA REQUIREMENTS.
(Ord. 312. Passed 9-26-77.)
1137.07 YARD REQUIREMENTS.
(a) Except as hereinafter provided, no building or structure shall be erected unless such building or structure conforms, and no building or structure shall be altered, enlarged or reconstructed unless such alteration, enlargement or reconstruction conforms with the yard regulations of the district in which it is located, as follows:
(2) Front yards on a through lot. At each end of a through lot there shall be a front yard of the depth required by this section for the district in which each street frontage is located, and one of such front yards may serve as a required rear yard.
(3) Front yard between buildings. Where a lot is situated between two lots, each of which has an existing main building thereon, the front yard requirements of such lot shall be the average of the front yards of said existing buildings.
(4) Front yard adjoining building. Where a lot abuts only one lot having an existing main building thereon, the front yard requirement of such lot shall be the average of the front yard of the existing building and the required front yard.
(6) Corner lot, side yard width to the side street line. In the case of a corner lot, the side yard width to the side street line shall be equal to the front yard depth requirement for the district in which the lot is located.
(8) Rear yard accessory building. An accessory building not exceeding twenty (20) feet in height, may occupy not more than thirty percent (30%) of the required rear yard area, provided that no accessory building shall be closer than three feet to a side, or rear property line. In the case of a garage when the vehicle opens to an alley, the set back requirement must be a minimum of seventeen feet to prevent encroachment.
(9) Yard requirements for private swimming pools. A pool wall shall not be located any closer than six feet from a side or rear property line. Under no circumstance shall a private swimming pool be located in the required front yard. (Ord. 312. Passed 9-26-77; Ord. 381. Passed 2-25-80.)
(b) General Provisions and Exceptions to Yard Requirements.
(1) Yards Apply to Only One Building. No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this Zoning Ordinance shall be considered as providing a yard of open space for any other building; nor shall any yard or other required open space or any lot be considered as providing a yard or open space for another lot whereon a building is to be erected.
(2) Fences, Walls, and Hedges. Fences, walls and hedges, not to exceed seven feet in height, may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall or hedge along the sides or front of any required front yard shall be over two and one-half feet in height. Provided, however, that nothing contained in this Zoning Ordinance shall be deemed to prohibit the construction or maintenance of a fence or any height in connection with any permitted agricultural use.
(3) Corner Visibility. No fence, wall, hedge or other planting or other obstruction to vision, extending in excess of two and one-half feet above the established street centerline grade shall be erected or maintained on that part of the corner lot that is included between the lines of intersecting streets and a line intersecting them at points of twenty-five feet distant from the intersection of the street lines. (Ord. 312. Passed 9-26-77.)
1137.08 LOT COVERAGE.
In the districts hereinafter established, buildings or structures including accessory buildings or structures, shall not be erected, enlarged or reconstructed to exceed the maximum lot coverage established for the district wherein such buildings or structures are located, as listed in Tables 1 and 2. In computing such coverage, the area of open porches and terraces shall be excluded.
(Ord. 312. Passed 9-26-77.)
1137.09 RESIDENTIAL BUILDING SIZES.
No residential building shall be erected, enlarged or reconstructed for residential purposes having a ground floor area, exclusive of unenclosed porches, terraces, breezeways and garages, of less than the minimum established for the district wherein such building is located, as listed in Table 1. (Ord. 312. Passed 9-26-77.)
1137.095 FACTORY-BUILT HOUSING.
(a) Siting Requirements. Any factory-built housing proposed to be located in any district shall comply with the following requirements:
(1) The structure shall be installed upon and properly attached to a foundation system that provides adequate support of the structure's vertical and horizontal loads and transfers these and other imposed forces, without failure, from the structure to the undisturbed ground below the frost line.
(2) All hitches, axles, wheels and conveyance mechanisms shall be removed from the structure.
(3) The structure shall be so oriented on the site that its long axis is parallel with the street, and it shall have an entranceway facing the street, except where diagonal placement and the addition of a garage, carport, or other accessory structure may be permitted by subdivision regulation and yard requirement.
(b) Exterior Siding. Exterior siding for all residential structures, including factory-built housing, shall consist of one or a combination of materials such as brick, stone, stucco, clapboard or clapboard-simulated vinyl or metal, wood shingles, shakes or similar material (no smooth, ribbed or corrugated metal, fiberglass or plastic). Siding must extend to the ground level, or to the top of the foundation when a solid concrete or masonry perimeter foundation is used.
(Ord. 577. Passed 1-27-92.)
1137.10 SIGNS AND OUTDOOR ADVERTISING STRUCTURES.
(a) General Requirements for All Signs and Districts. The regulations contained in this section shall apply to all signs and all use districts.
(1) In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public thoroughfare, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance;
(2) All wiring, fittings, and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the local electric code in effect, if any;
(3) No projecting sign shall be erected or maintained from the front or face of a building a distance of more than two feet, including those projecting from the face of any theater, hotel, or motel marquee;
(4) No sign shall be placed on the roof of any building, except those signs whose supporting structure is screened so the sign appears to be a continuation of the face of the building;
(5) No portable or temporary sign shall be placed on the front or face of a building or on any premises, except as provided in subsection (f) hereof;
(6) No sign erected or maintained in the window of a building, visible from any public or private street or highway, shall occupy more than twenty percent (20%) of the window surface;
(7) No sign of any classification shall be installed, erected, or attached in any form, shape, or manner to a fire escape or any door or window giving access to any fire escape;
(8) Should any sign be or become unsafe or be in danger of falling, the owner thereof or the person maintaining the same, shall upon receipt of written notice from the Zoning Inspector proceed at once to put such sign in a safe and secure condition or remove the sign;
(9) No sign shall be placed in any public right-of-way except publicly-owned signs, such as traffic control signs and directional signs. Signs directing and guiding traffic and parking on private property but bearing no advertising matter shall be permitted on any property;
(b) Measurement of Sign Area. The surface of a sign shall be computed as including the entire area within a regular, geometric form or combinations of regular, geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not being advertising matter shall not be included in computation of surface area.
(c) Signs Permitted in All Districts Not Requiring a Permit.
(1) Signs advertising the sale, lease, or rental of the premises upon which the sign is located, shall not exceed twelve square feet in area, except in all residential districts where the area of the sign shall not be more than six square feet;
(2) Professional name plates not to exceed four square feet in area;
(3) Signs denoting the name and address of the occupants of the premises, not to exceed two square feet in area.
(d) Signs Permitted in Any District Requiring a Permit.
(1) Signs or bulletin boards customarily incidental to places of worship, libraries, museums, social clubs, or societies, which signs or bulletin boards shall not exceed fifteen square feet in area and which shall be located on the premises of such institution;
(2) Any sign advertising a commercial enterprise, including real estate developers or subdividers, in a district zoned residential shall not exceed twelve square feet in area and shall advertise only the names of the owners, trade names, products sold and/or the business or activity conducted on the premises where such sign is located.
(e) Signs Permitted in Commercial and Manufacturing Districts Requiring a Permit. The regulations set forth in this section shall apply to signs in all commercial and manufacturing districts and such signs shall require a permit.
(1) In a commercial or manufacturing district, each business shall be permitted one flat or wall on-premises sign. Projection of wall signs shall not exceed two feet measured from the face of the main building. The area of all permanent on-premises signs for any single business enterprise may have an area equivalent to one and one-half square feet of sign area for each lineal foot of building width, or part of a building, occupied by such enterprise but shall not exceed a maximum area of 100 square feet.
(2) In a commercial or manufacturing district, two off-premises signs with a total area not exceeding 600 square feet may be permitted at a single location. No single off-premises signs shall exceed 600 square feet nor shall off-premises signs visible to approaching traffic have a minimum spacing of less than 200 feet. Off-premises signs shall conform to all applicable yard and height regulations for the appropriate zoning district. Off-premises wall signs shall have all structural and supporting members concealed from view.
(f) Temporary Signs. Temporary signs not exceeding fifty square feet in area, announcing special public or institutional events, the erection of a building, the architect, the builders, or contractors may be erected for a period of sixty days plus the construction period. Such temporary signs shall conform to the general requirements listed in subsection (a), the setback requirements in subsections (j) to (m) and, in addition, such other standards deemed necessary to accomplish the intent of this section. These signs shall require an improvement location permit.
(g) Free Standing Signs. Free-standing on-premises signs not over thirty feet in height, having a maximum total sign area of 100 sq. ft. per display area and located not closer than ten feet to any street right-of-way line and not closer than thirty feet to any adjoining lot line may be erected to serve a group of business establishments. There shall be only one free-standing sign for each building, regardless of the number of businesses conducted in said building. These signs shall require an improvement location permit.
(h) Wall Signs Pertaining to Non-Conforming Uses. On-premises wall signs pertaining to a non-conforming use shall be permitted on the same premises of such use, provided the area of such sign does not exceed twelve square feet. These signs shall require an improvement location permit.
(i) Political Signs. No political sign shall be posted in any place or in any manner that is destructive to public property upon posting or removal. No political sign shall be posted in a public right-of-way nor shall any such sign be posted on a utility pole. No political sign shall be posted more than sixty days before an election. All candidates for public office, their campaign committees, or other persons responsible for the posting on public property of campaign material shall remove such material within two weeks following election day. These signs shall require an improvement location permit.
(j) Sign Setback Requirements. Except as modified in subsections (k) to (n), on- premises signs where permitted, shall be set back from the established right-of-way line of any thoroughfare at least ten feet. No off-premises sign shall be erected in front of the required setback line for the appropriate zoning district.
(k) Increased Setback. For every square foot by which any on-premises sign exceeds fifty square feet, the setback shall be increased by one-half foot but need not exceed 100 feet.
(l) Setbacks for Off-Premises Signs. If a setback line is not established for the appropriate zoning district, off-premises signs shall be set back a minimum of twenty feet from the right-of-way line.
(m) Setbacks for Public and Quasipublic Signs. Real estate signs and bulletin boards for a church, school or any other public, religious or educational institution may be erected not less than ten feet from the established right-of-way line of any street or highway provided such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.
(n) Special Yard Provisions. On-premises signs where permitted shall be erected or placed in conformity with the side and rear yard requirements of the district in which located, except that in any residential district, on-premises signs shall not be erected or placed within twelve feet of a side or rear lot line. If the requirement for a single side yard in the appropriate zoning district is more than twelve feet, the latter shall apply.
(o) Limitation. Regulation of off-premises signs along interstate and primary highways shall conform to the requirements of Ohio R. C. Chapter 5516 and the regulations adopted pursuant thereto.
(p) Violations. In case any sign shall be installed, erected, constructed, or maintained in violation of any of the terms of this Zoning Ordinance, the Zoning Inspector shall notify in writing the owner or lessee thereof to alter such sign so as to comply with this Zoning Ordinance. Failure to comply with any of the provisions of this section shall be deemed a violation and shall be punishable under Section 1141.99. Political signs posted in violation of subsection (i) hereof are subject to removal by the Zoning Inspector five days after written notice of violation has been given. (Ord. 312. Passed 9-26-77.)
1137.11 SPECIAL PROVISIONS FOR RESIDENTIAL USES.
(a) Swimming Pools. A private swimming pool not including farm ponds, shall be any pool, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet. No such swimming pool, exclusive of portable swimming pools with a diameter less than twelve feet or with an area of less than 100 square feet, shall be allowed in any "C" or "R" District except as an accessory use and unless it complies with the following conditions and requirements:
(1) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(2) It may not be located, including any walks or paved areas or accessory structure adjacent thereto, closer than six feet to any property line of the property on which located.
(3) The swimming pool, or the entire property on which it is located, shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall to be not less than four feet in height and maintained in good condition, with a gate and lock.
(Ord. 312. Passed 9-26-77.)
1137.12 IMPROVEMENT LOCATION PERMIT.
(a) No building or structure, except public utility lines and supports shall be erected, reconstructed, enlarged or moved until an Improvement Location Permit shall have been applied for in writing and issued by the Zoning Inspector.
(b) No Improvement Location Permit shall be issued by the Zoning Inspector for the proposed erection, reconstruction, enlargement or moving of a building or structure unless the proposed erection, reconstruction, enlargement or moving of a building or structure conforms with the provisions of this Zoning Ordinance.
(c) Application for Improvement Location Permits shall be made upon forms prescribed by the Zoning Inspector and shall be accompanied by plans and specifications of sufficient detail to enable the Zoning Inspector to determine whether the proposed improvements will comply with provisions of this Zoning Ordinance.
(d) The applicant shall post said permit in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving.
(e) Every permit may be revoked if active work is not commenced within sixty days after the date of its issue, and continued with due diligence to completion; and the Zoning Inspector shall judge if due diligence is being shown and shall notify the owner or agent in case due diligence is not being shown.
(f) If the Zoning Inspector determines that the work under any permit is not being continued with due diligence to completion or is not proceeding according to the detailed statement, plans and specifications upon which such permit was issued, or is proceeding in violation of law, it shall be his duty to give written notice thereof to the owner or his agent, requiring that same must be immediately rectified.
(g) If the owner or his agent neglects to comply with the provisions of such notice within such time as may be specified by the Zoning Inspector, or fails to commence active work within sixty days after the date of its issue, it shall be the further duty of the Zoning Inspector to revoke said permit and written notice thereof shall be immediately served upon the owner, agent, superintendent or contractor in charge of the work, or posted on the property.
(h) After such revocation of permit any person performing any work in or about the structure, building or premises shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00).
(i) Before any improvement location permit is issued affecting any land within 300 feet of the centerline of the proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of Transportation or any land within a radius of 500 feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice, by registered mail to the Director of Transportation that he shall not issue an improvement location permit for 120 days from the date of notice is received by the Director of Transportation. If the Director of Transportation notifies the Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the improvement location permit. If the Director of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extension thereof agreed upon by the Director of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provisions of this Zoning Ordinance, issue the improvement location permit.
(Ord. 312. Passed 9-26-77.)
1137.13 CERTIFICATE OF OCCUPANCY.
(a) No occupancy, use or change of use except buildings and structures incidental to agricultural uses and public utility lines and supports shall take place until a Certificate of Occupancy shall have been applied for in writing and issued by the Zoning Inspector in the following cases:
(1) Occupancy and use of a building or structure hereinafter erected or enlarged.
(2) Change in use of an existing building or structure.
(3) Occupancy and use of vacant land.
(4) Change in the use of land to a use of a different classification.
(5) Any change in use of a non-conforming use.
(b) If the proposed use is in conformity with the provisions of this Zoning Ordinance, the Certificate of Occupancy therefore shall be issued within three days after the application for the same has been made. Provided, however, that no Certificate of Occupancy shall be issued in connection with the construction, alteration, enlargement or moving of a building or structure until such construction, alteration, enlargement or moving shall have been completed. Each Certificate of Occupancy shall state that the building or proposed use of a building or land complies with all the provisions of this Zoning Ordinance.
(c) In the event a dwelling unit within a Commission-approved recorded plat is occupied prior to the issuance of a Certificate of Occupancy by the Zoning Inspector, and said Certificate of Occupancy could not be issued therefore because improvements serving the dwelling (as shown on the approved subdivision plans) had not been installed or are not operational, the Zoning Inspector shall not issue any additional Improvement Location Permits within said recorded plat until all subdivision improvements, as approved by the Commission, serving the occupied dwelling, are properly installed and operational and the dwelling otherwise qualifies for said Certificate of Occupancy. (Ord. 312. Passed 9-26-77.)
1137.14 COMPLETION OF EXISTING BUILDING.
Nothing in this Zoning Ordinance shall require any change in the plans, construction or intended use of any building or structure, the construction of which was legally started before the effective date of this Zoning Ordinance and which construction is being diligently prosecuted pursuant to such authority. Such entire building or structure shall be completed within two years from the effective date of this Zoning Ordinance, except as provided for in Section 1129.03(f).
(Ord. 312. Passed 9-26-77.)
1137.15 WOODBURNERS.
(a) Any wood burner located and used within the Village of Edgerton shall either be complete enclosed within a structure intended for human occupancy or enclosed in a permanent structure as defined in subsection (b).
(b) For the purposes of subsection (a), a permanent structure shall be deemed to be a structure completely enclosed, built on a foundation made of concrete, and otherwise constructed in conformance with all applicable zoning laws.
(c) Installation and operation of any wood burning device shall comply with the following:
(1) The wood burning device shall comply with manufacturer specifications with respect to installation and operation;
(2) The wood burning device shall comply with all applicable state and federal laws;
(3) Any wood burning device located within a structure that is not intended for human occupancy shall be at least 50 feet from the closest property line.
(4) Any wood burning device located within any structure shall have a chimney stack which is at least two (2) feet above the roof line of the highest structure located on the subject property.
(5) Wood burning devices which are designed to heat structures twenty-five percent (25%) greater than the size of any structure on the property shall not be permitted;
(6) No fuel other than natural wood, without additive, wood pellets without additives and agricultural seeds in their natural state may be burned in any wood burning device.
(7) A wood burner shall only be operated between September 15th and May 15th.
(8) To the extent a building permit is required to construct any permanent structure intended to enclose a wood burner, then at the time of applying for such permit, there shall be submitted a copy of the manufacturer’s specifications and any owner’s manual pertaining to the subject wood burner.
(d) Notwithstanding anything contained in Section 1145.05 of the Codified Ordinances of Edgerton, a variance shall not be granted deviating the terms of Subsections (a), (b) and (c) of this Section.
(e) Nothing contained herein shall authorize any installation or operation of a wood burning device that constitutes a public or private nuisance. Compliance with this Ordinance shall not be a defense to any civil or criminal action for nuisance.
(f) “Wood burner” means any device that is designed or intended to burn wood, or wood by-product or similar material, for the purpose of providing a source of heat, either directly or indirectly, to any structure or appurtenance thereto.
(Ord. 816. Passed 1-17-06.)
1137.16 WIND TURBINES.
(a) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Wind Energy Conversion System or WECS: An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and meteorological towers that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.
(2) Commercial WECS: A WECS that will be used for off-site consumption of electrical power.
(3) Fall Zone: An area defined as a distance of at least 125% of the total height of the total structure from any property line, occupied building, and public or private road or right-of-way.
(4) Feeder Line: Any power line that carries electrical power from one or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid.
(5) Property line: The boundary line of the area over which the entity applying for a Conditional Use Permit has legal control for the purposes of installation of a Wind turbine. This control may be attained through fee title ownership, easement, or other appropriate legal relationship between the project developer and landowner.
(6) Rotor diameter: The outer diameter of the circle described by the moving rotor blades.
(7) Small WECS: A WECS that will be used to reduce on-site consumption of electrical power.
(8) Total height: The highest point, above ground level, reached by a rotor tip or any other part of the WECS.
(9) Tower: Towers include vertical structures that support the electrical generator, rotor blades, or meteorological equipment.
(10) Wind Turbine: A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
(b) WECS shall be a Conditional Use in all districts, and shall require a Conditional Use Permit and must meet all of the requirements specified in this section. WECS shall not be allowed in any residential district, except that small WECS will be allowed in all districts as a conditional use.
(1) The conditional use permit application shall be made in compliance with this Chapter and Section 1145.06 of the Codified Ordinances and shall be accompanied with a fee in the amount of one hundred dollars ($100.00).
(2) An applicant who proposes to construct or locate a WECS, as defined in this Chapter, on the roof of an existing structure shall be required to apply for a conditional use permit and request a waiver by the Planning Commission from those requirements of this Chapter that the Planning Commission finds are not applicable.
(c) In addition to the other requirements specified in Chapter 1145, the following requirements must be met in order to apply for a Conditional Use Permit for wind turbines.
(1) The application for a Conditional Use Permit shall include a scale site drawing showing the proposed location of all facilities to be constructed, the dimensions of the property, proposed heights, and the distance to all buildings and property lines.
(2) All towers shall be sited so as to provide a Fall Zone.
(3) All moving rotor blades shall be a minimum of 30 feet from ground level.
(4) Noise levels shall be less than 60 dBA at the nearest property line, unless the property where the wind turbine is proposed abuts a residential district, in which case the maximum noise level shall be 50 dBA at any property line abutting a residential district.
(5) All permanent wind turbine towers shall be self supporting. No guy wires will be allowed on permanent structures.
(6) All towers shall be made non-climbable in a manner approved by the Village Administrator.
(7) All electrical wires leading to or from a wind turbine shall be buried underground. All connections to transmission lines and/or substations shall be buried underground.
(8) A color scheme of the tower and turbine assembly shall be submitted to the Planning Commission and shall be subject to its approval.
(9) WECS facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
(10) A shadow flicker study to determine any potential negative impact on surrounding properties shall be conducted prior to Planning Commission hearing of the conditional use and the report shall be included in the conditional use application. The study shall be at the applicant's expense, and shall be performed by a neutral third party approved by the Village Administrator.
(11) A study to determine any possible interference with radio, television, or cellular telephone communication shall be conducted prior to hearing of the application by Planning Commission, and the results shall be included in the conditional use application. The study shall be at the applicant's expense, and shall be performed by a neutral third party approved by the Village Administrator.
(12) Any tower or structure associated with a Wind Turbine and WECS that remains unused for any reason for more than twelve (12) months shall be dismantled and removed from the property no later than ninety (90) days from receipt of written notice from the Village Administrator. A plan for dismantling and removal of the equipment shall be included in the conditional use application.
(Ord. 873. Passed 10-4-10.)
DISTRICT REGULATIONS FOR RESIDENTIAL BUILDINGS
District | Minimum Lot Area Per Unit (sq. ft.) | Size Width | Yard Dimensions | Lot Coverage (Max.) | Height (Max.) | Minimu m Floor Area Per Dwelling Unit (sq. ft.) | |||
Front | Side One Yard | Side Both | Rear | ||||||
R-1 Single Family Two Family | 12,000 8,000 | 80' 100' | 30' 30' | 12' 12' | 24 24 | 25' 25' | 30% 30% | 32' 32' | 1000 1000 |
R-2 Single Family Two Family Multiple Family | 8,712 6,500 4,000 | 66' 99' 99' | 30' 30' 30' | 6' 5' 8' | 14' 12' 20' | 25' 25' 25' | 30% 30% 25% | 50' 50' 50' | 700 800 600 |
R-3 Single Family Two Family Multiple | 6,500 6,500 4,000 | 50' 99' 99' | Average Two Adjoinin g | 5' 5' 5' | 10' 10' 10' | 25' 25' 25' | 30% 30% 30% | 50' 50' 50' | 600 700 600 |
C-1, C-2 Single Family Two Family Multiple | same as R-2 | sam e as R-2 | same as R-2 | same as R-2 | same as R-2 | same as R-2 | same as R-2 | same as R-2 | same as R-2 |
M-1, M-2 Prohibited | |||||||||
DISTRICT REGULATIONS FOR ALL BUILDINGS OTHER THAN DWELLINGS
District | Minimum Lot Area | Lot Width | Yard Dimensions | Lot Coverage (Max.) | Height (Max.) | ||
Front | Each Side Yard | Rear | |||||
S-1 | 217,800 sq. ft. (5 A.) | 500' | 30' | 20' | 30' | 30% | No restriction |
R-1 | same as S-1 | same as S- 1 | same as S-1 | same as S-1 | same as S- 1 | same as S- 1 | same as S- 1 |
R-2 | 26,000 sq. ft. | 100' | 30' | 20' | 30' | 30% | No restriction |
R-3 | 19,800 | 100' | 30' | 15' | 25' | 30% | 50' |
C-1 | none | none | none | none | none | 85% | 45' |
C-2 | 22,500 sq. ft. | 150' | 30' * | 15' | 25' | 50% | 45' |
M-1, M-2 | none | none | 30' * | 15' | 25' | 50% | 75' |
* Where fronts on state highway front shall be (2) times these requirements.
(Ord. 312. Passed 9-10-79; Ord. 427. Passed 6-28-82.)