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Fairhope City Zoning Code

ARTICLE V

- SUPPLEMENTARY ZONING REGULATIONS

Sec. 48-151.- Applicability of article.

This article establishes lot and structure requirements, design standards, and use limitations for specific, potentially troublesome, structures, and uses. These regulations apply in every zoning district where the specific structure or use is permitted or allowed by special use permit. If more stringent regulations are applicable in any particular district, such regulations shall prevail.

(Ord. No. 1769, § 1(Att. 48.5.1), 9-21-2020)

Sec. 48-152. - Recreational vehicles.

The regulations of this section do not apply to travel trailers or other recreational vehicles parked in a permitted travel-trailer park that conforms to the requirements of this Code and the City Code. The requirements of paragraphs (1) and (4) do not apply to travel trailers or other recreational vehicles parked on a permitted recreational vehicles sales or storage lot.

(1)

Not more than two trailers, or other type of recreational vehicle per dwelling shall be parked outside of an enclosed garage on any lot. Said trailers or other types of recreational vehicles may be parked on a front driveway provided said trailers or recreational vehicles are parked no closer than five feet from any road and/or sidewalk. Additionally, lot storage of travel trailers, boat trailers, personal watercraft, flatbed trailers, enclosed utility trailers or any recreational vehicle shall be required to have setbacks as required for accessory buildings per section 48-66(b).

(2)

No travel trailer, flatbed trailer, enclosed utility trailer, or other recreational vehicle shall be used as a dwelling or permanent storage.

(3)

No trailer or other recreational vehicle shall be used as an office or for any other commercial purposes.

(4)

No travel trailer, boat trailer, personal watercraft or any recreational vehicle, including flatbed or enclosed utility trailers, or other recreational vehicle shall be parked in any front yard.

(5)

No unlicensed mobile home may be located in a travel trailer or recreational vehicle park or storage lot.

(6)

No trailer, including flatbed or enclosed utility trailers, or other recreational vehicle shall be parked on a public street or alley for more than a 24-hour period within the city limits.

(7)

Size restrictions. In all residential areas the maximum permitted size of any travel trailer, boat trailer, personal watercraft, flatbed trailer, enclosed utility trailer or any recreational vehicle shall not exceed 13 feet in height, exceed 32 feet in length, or have a gross vehicle weight over 18,000 pounds as indicated by a vehicle identification number search. Any travel trailer, boat trailer, personal watercraft, flatbed trailer, enclosed utility trailer or any recreational vehicle exceeding said size restrictions shall not be parked in any lot, street, or alley in any residential area within the city limits.

No preemption, amendment or modification of subdivision covenants and restrictions. Nothing contained herein shall be construed as preempting, amending, modifying or superseding and subdivision or neighborhood restrictive covenants regulating parking, storing, allowance or disallowance of recreational vehicles, motorhomes, boats, camping trailers or any other trailer of any type. The city recognizes that many subdivisions and neighborhoods may have covenants, restrictions or regulations that prohibit or more strictly regulate the parking and storage of recreational vehicles or trailers and the city has no intent or desire to interfere with those restrictions, regulations or prohibitions.

(Ord. No. 1769, § 1(Att. 48.5.2), 9-21-2020; Ord. No. 1842, 6-10-2024)

Sec. 48-153. - Buffer strips, fences, walls and hedges.

Buffer strips, fences, walls or hedges used for any purpose shall, in all districts, conform to the following:

(1)

Whenever a commercial, multi-family or industrial district abuts a residential district or is across a street, alley or similar obstacle from a residential district, a buffer strip of landscaping and/or other treatment shall be required. If a proposed buffer strip is natural landscaping, a temporary artificial screening shall be provided until such time as landscape screening reaches maturity. Width shall be 20 feet, except that between areas zoned "I" and the designated zones, the width shall be 30 feet.

(2)

Where an existing "SR-1" district abuts a district requiring a buffer, the minimum building setback from the required buffer shall be ten feet, or as required in the underlying zoning district, whichever is greater.

(3)

No new permanent barbed wire or electrically charged fence less than eight feet in height shall be erected or maintained anywhere except in connection with agricultural uses; when the agricultural use abuts a property line or a public right-of-way, the use of such fencing shall require the issuance of a special use permit.

(4)

No fence, wall, or other obstruction shall be erected on or within three feet of any alley or public right-of-way; temporary barricades shall require the written permission of the City's designated official.

(5)

No fence, wall or other obstruction shall be erected in violation of the Illinois Drainage Code. (See 70 ILCS Sec. 2-1 through 2-13 as amended from time to time)

(6)

No fence, wall or other obstruction shall exceed eight feet in height in any district except the industrial district (I) where the maximum height shall not exceed ten feet. In areas near street intersections, special height restrictions within the sight distance triangle shall be applicable to planting screens, hedges, trees, and other landscaping, fences, walls, or other obstructions. (See Section 48-63(b))

(7)

No fence, wall or other obstruction shall be erected in any front yard setback area, with the exception of landscape fences specifically approved. (See definition of decorative fence, section 48-32)

(8)

No fence, wall or other obstruction shall be erected on or within two feet of a property line without the written consent of the abutting property owners; in such instances, an applicant for an initial certificate of zoning compliance shall include on the application the abutting property owners, consents of the type and proposed location of the fence, wall or other obstruction to be erected.

(9)

No fence, wall or other obstruction which completely encloses a lot shall be erected without the provision of a gate or similar type of moveable barrier for accessibility.

(10)

An invisible pet fence shall be permitted provided the following:

a.

All invisible pet fences shall be set back a minimum of six feet from any property line abutting any public right-of-way or street line.

b.

Any invisible pet fence may be located on or adjacent to any rear lot line not abutting a public alleyway, or any side lot line not abutting a street line, without any required setback.

(Ord. No. 1769, § 1(Att. 48.5.3), 9-21-2020)

Sec. 48-154. - Service stations/Convenience stores.

(a)

All gasoline pumps and other service facilities shall be located at least 25 feet from any street right-of-way line, side lot line, or rear lot line.

(b)

Every access way shall be located at least 200 feet from the principal building of any fire station, school, public library, church, park, or playground, and at least 30 feet from any intersection of public streets.

(c)

Every device for dispensing or selling (vending) milk, ice, soft drinks, snacks, movies, bait and similar products shall be located within or adjacent to the principal building.

(d)

All trash receptacles, except minor receptacles adjacent to the gasoline pumps, shall be screened from view.

(e)

Whenever the use of an automotive service station or convenience store has been discontinued for 12 consecutive months or for 18 months during any three year period, the administrator shall order that all underground storage tanks be removed or filled with material approved by the Illinois Environmental Protection Agency.

(f)

A permanent curb of at least four inches in height shall be provided between the public sidewalk and the gasoline pump island, parallel to and extending the complete length of the pump island.

(Ord. No. 1769, § 1(Att. 48.5.4), 9-21-2020)

Sec. 48-155. - Nursing homes and group homes.

(a)

The lot on which any group home is situated shall have a minimum width and depth of 200 feet, and a minimum area of two acres.

(b)

The lot on which any nursing home is situated shall have a minimum width and depth of 200 feet, and a minimum area of one and one-half acres.

(Ord. No. 1769, § 1(Att. 48.5.5), 9-21-2020)

Sec. 48-156. - Junk yards.

(a)

No part of any junk yard—which includes any lot on which any three or more inoperable vehicles are stored—shall be located closer than 500 feet to the boundary of any residential district.

(b)

All vehicles, parts, and equipment shall be stored within a completely enclosed structure or within an area screened by a wall, solid fence, or closely-planted shrubbery at least eight feet high and of sufficient density to block the view from adjacent property.

(Ord. No. 1769, § 1(Att. 48.5.6), 9-21-2020)

Sec. 48-157. - Home occupations.

(a)

Activities not covered. A home occupation permit shall not be required for activities such as telecommuting or occupations involving no outside sign, little or no increase in traffic, and with only occasional visits by members of the public to the home. As used in this section, "telecommuting" means working in the home by using a smart device or computer terminal connected to a central office or central computer.

(b)

Limitations on use. All other home occupations shall require a special use permit in any residence district, provided the home occupation is subject to the following limitations.

(1)

Employees. The use shall be conducted entirely within a dwelling or permitted accessory building and carried on by the inhabitants living there. No more than one other individual may be employed who does not reside on the premises. If there are no employees other than the owner, then no special-use permit is required.

(2)

Dwelling alterations. In any residential district, a principal residential building shall not be altered—to accommodate a home occupation—in such a way as to materially change the residential character of the building.

(3)

Floor space. The total area used for the home occupation shall not exceed 25 percent of the gross floor area of the dwelling, or 300 square feet, whichever is less.

(4)

Sign restrictions. There shall be no exterior advertising other than identification of the home occupation by a sign which shall be attached to the dwelling or the accessory building and shall not exceed three square feet in area and shall not be illuminated.

(5)

Exterior storage. There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation.

(6)

Nuisances. There shall be no offensive noise nor shall there be vibrations, smoke, dust, odors, heat or glare noticeable at or beyond the property line. All nuisances are prohibited.

(7)

Unlawful storage. There shall be no storage or use of toxic, explosive or other dangerous or hazardous materials upon the premises.

(8)

Parking requirements. A home occupation, including studios or rooms for instruction, shall provide off-street parking area adequate to accommodate needs created by the home occupation as prescribed in section 48-248.

(9)

Covenants. The use must be in conformance with all valid covenants and agreements recorded with the county recorder of deeds, covering the land underlying the dwelling.

(10)

Permit required. A home occupation which includes more than one employee shall not be permitted without a special use permit being recommended by the joint planning and zoning commission and approved by the city council, which shall determine whether or not the proposed home occupation complies with all applicable laws and ordinances.

(Ord. No. 1769, § 1(Att. 48.5.7), 9-21-2020)

Sec. 48-158. - Schools.

(a)

The lot on which any school is situated shall have the minimum area indicated below:

Type of School Minimum Lot Area
Nursery, Day care center 75 square feet of fenced outdoor play area per child and must accommodate 25 percent of the licensed capacity of the center.
Elementary, Junior high Senior high) As required by State law (Ill. Comp. Stat., Chap. 105, Sec. 5/35-8)—Normally four acres, plus one additional acre for everyone 150 students in excess of 200.

 

(b)

The principal building of any school shall be located at least 25 feet from all lot lines.

(Ord. No. 1769, § 1(Att. 48.5.8), 9-21-2020)

Sec. 48-159. - Swimming pools.

(a)

All swimming pools as defined in the IRC shall comply with the requirements therein as well as all applicable requirements included in the city's maintenance code.

(b)

Every in-ground swimming pool, whether public or private, shall be enclosed by a wall or fence at least four feet in height and shall have a gate that shall be locked when the pool is not in use. Any aboveground pool that has the capacity of two feet of water or greater shall be enclosed by a fence.

(c)

Swimming pool shall not be located in any front yard or side yards.

(d)

All lights used to illuminate any swimming pool shall be arranged or shielded so as to confine direct light rays within the lot lines to the greatest extent possible.

(Ord. No. 1769, § 1(Att. 48.5.9), 9-21-2020)

Sec. 48-160. - Utility substations.

Every electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, water storage facility, or similar facility shall be deemed a special use, and shall conform to the following regulations:

(1)

Every lot on which any such facility is situated shall meet the minimum area and dimension requirements of the district in which it is located. Every part of any such facility shall be located at least 25 feet from all lot lines, or shall meet the district setback requirements, whichever is greater.

(2)

In any residential district, the structure housing any such facility shall be designed and constructed to be compatible with the residential character of the area.

(3)

Every such facility shall be screened by close-planted shrubbery at least ten feet in height and of sufficient density to block the view from adjacent property. Furthermore, if the administrator determines that the facility poses a safety hazard (for example, if there are exposed transformers), he shall require that a secure fence at least eight feet in height be installed behind the planting screen.

(Ord. No. 1769, § 1(Att. 48.5.10), 9-21-2020)

Sec. 48-161. - Kennels.

(a)

Commercial kennels shall be permitted as a special use in the A-1, B-3 and I-1 districts.

(b)

Every commercial kennel shall be located at least 200 feet from the nearest dwelling, and at least 100 feet from any lot line.

(c)

The lot on which any kennel is situated shall have a minimum area of three acres.

(Ord. No. 1769, § 1(Att. 48.5.11), 9-21-2020)

Sec. 48-162. - Agricultural activities.

A.

Farm animals. No barn, stable, shed, or other structure intended to shelter farm animals shall be erected closer than 300 feet to any existing dwelling, or closer than 200 feet to any lot line of residential property, whichever distance is greater. Similarly, fences shall be erected or other means shall be taken to prevent farm animals from approaching closer than 300 feet to any existing dwelling or closer than 200 feet to any lot line or residential property, whichever distance is greater.

B.

Farm equipment/Commodities. No agricultural equipment or commodities (including, but not limited to, baled crops, fertilizer, pesticides/herbicides) shall be stored outdoors closer than 300 feet to any existing dwelling or closer than 200 feet to any lot line of residential property, whichever distance is greater. If said equipment/commodities are stored within a completely enclosed structure, said structure shall be located at least 100 feet from any lot line of residential property.

C.

Barbed wire/Electrical fences. (See Section 48-153(3))

(Ord. No. 1769, § 1(Att. 48.5.12), 9-21-2020)

Sec. 48-163. - Lighting controls.

Any light used for the illumination of signs, swimming pools, or for any other purpose shall be arranged so as to confine the direct light rays away from neighboring residential properties and away from the vision of passing motorist.

(Ord. No. 1769, § 1(Att. 48.5.13), 9-21-2020)

Sec. 48-164. - Public buildings.

In any district where municipally owned or other publicly owned buildings are permitted, the following additional requirements shall be met:

(1)

In any residential or conservation district, all municipal or other publicly-owned buildings shall be located at least 25 feet from all property lines.

(2)

In any residential, conservation or business district, there shall be no permanent storage of heavy construction or maintenance equipment (such as excavating, road building, or hauling equipment), unless in an enclosed building or enclosed within a solid wall or fence at least six feet in height. Such storage areas, maintenance yards, or storage warehouses shall be located at least 25 feet from any front or side property line.

(Ord. No. 1769, § 1(Att. 48.5.14), 9-21-2020)

Sec. 48-165. - Churches and houses of formal worship.

The following restrictions shall apply to churches no matter if they are permitted uses or special- uses:

(1)

Lot size. The minimum size of the lot or tract shall not be less than two acres and have a minimum frontage on a public street and at the building line of 150 feet.

(2)

Commercial and residential uses. No part of a church or building for religious worship or accessory building shall be used for commercial or residential purposes, except that one parsonage may be permitted on the same lot or tract provided the parsonage is located no more than 75 feet from the principal building for religious worship.

(3)

Property lines. Each principal building shall be located at least 25 feet from all property lines, and shall meet all other applicable requirements of this Code.

(4)

Accessory buildings. Accessory buildings shall meet all applicable requirements of the applicable zone district.

(5)

Accessory uses. Permitted accessory uses and functions shall be directly related to and an integral part of the customary religious worship activities except as otherwise provided by applicable provisions. (See 805 ILCS Sec. 110/0.01 et seq.)

(Ord. No. 1769, § 1(Att. 48.5.15), 9-21-2020)

Sec. 48-166. - Cannabis (marijuana) related uses.

The following restrictions govern the time, place, manner and number of cannabis business establishments with the City of Trenton;

(1)

Special use. All cannabis related uses, as defined in section 48-322, shall require approval of a special use permit in the respective districts in which they are permitted as shown in the land use matrix located in the appendix and in accordance with Article X Division 2 and all other application requirements provided herein.

(2)

Separation (minimum distance limitations). No new medical cannabis cultivation facility, medical cannabis testing facility, medical cannabis dispensary facility, or medical cannabis-infused products manufacturing facility shall be within 1,000 feet of the following:

a.

The property line of property used for residential purposes or zoned, at the time of the application, for residential purposes.

b.

The property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home, churches or houses of formal worship. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(3)

Conditions to be considered. In determining compliance with Article X Division 2 (special use procedures and requirements), the following components of the cannabis use shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

a.

Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

b.

Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

c.

Hours of operation and anticipated number of customers/employees.

d.

Anticipated parking demand based on Article VIII and available private parking supply.

e.

Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

f.

Site design, including access points and internal site circulation.

g.

Proposed signage plan.

h.

Sales. Other than licensed dispensaries, no facility or use may conduct direct sales or distribution of cannabis; unless otherwise authorized by the Cannabis Regulation and Tax Act.

i.

Site enhancements. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the special use permit, to ensure the safety of employees and customers of the cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for a cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

j.

Other criteria determined to be necessary to assess compliance with section 48-379 special use permit-findings of fact.

(4)

Co-location of cannabis business establishments. The city may approve the co-location of an cannabis dispensing facility with cannabis cultivator or cannabis infuser facility, or both, subject to the provisions of the Act and the special use criteria provided herein. A medical physician or medical practice shall not take place within or immediately adjacent to a cannabis distribution facility within the City of Trenton.

(5)

The petitioner shall file an affidavit with the city clerk affirming compliance with section 48-66 as provided herein and all other application city and state requirements.

(Ord. No. 1769, § 1(Att. 48.5.16), 9-21-2020)

Sec. 48-167. - Infill design regulations.

Prior to issuance of a building permit, any new single family dwelling proposed on a vacant lot within a developed area (infill) or redevelopment or restoration of more than 50 percent of a structure within a developed area shall be subject the following guidelines: For purposes of this section, "developed area" shall consist of a residential lot with at least two existing homes adjacent to said lot.

(1)

Parking/Garage location. When front entry garages are used special consideration shall be given to the design continuity between the garage and residential structure and to ensure that all building entries (pedestrian oriented) are prominent and visible.

(2)

Heating, ventilation, and air conditioning (HVAC) equipment. HVAC equipment shall be located at the rear of buildings, and screened from adjacent properties.

(3)

Scale and proportion. New and redeveloped dwellings shall use appropriately scaled building mass, height and entry size, and incorporate architectural features such as gables, porches and windows to complement the surrounding buildings while breaking up the structure's street façade.

(4)

Landscaping. Front facades (both yards in the case of corner lots) shall be landscaped in a manner consistent with surrounding buildings. In addition, new and redeveloped dwellings shall maintain the established streetscape by preserving existing or establishing new street trees and providing landscaping that is consistent with the pattern established by surrounding buildings.

(5)

Rooflines and pitch. Rooflines and pitch similar to surrounding structures are encouraged, as the similarity establishes a pleasing pattern and rhythm for the streetscape, allowing new construction to blend with the established neighborhood.

(6)

Appeals and grievances. In the case an applicant should disagree or have other grievances with staff in the application of the above standards, the applicant shall be directed to formally appear before the planning commission for review of such disagreement or other grievance.

(Ord. No. 1769, § 1(Att. 48.5.17), 9-21-2020)