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Gillett City Zoning Code

ARTICLE IV

Supplementary District Regulations

§ 21-30 Purpose.

The regulations set forth herein shall supplement or modify the regulations set forth in Article III of this chapter.

§ 21-31 Lots and yards.

A. 
One principal building per lot. In any district, with the exception of the Mobile Home Park District and Industrial Park District, not more than one building housing a principal use may be erected on a single lot.
B. 
Through lots. On through lots or lots with double frontage, the required front yard shall be provided on each street. On corner lots, the street side yard shall equal the required front yard for lots fronting on that street.
C. 
Development of mapped streets. Where an official line has been established for the future widening or opening of a street, the depth of a front yard or the width of a side yard shall be measured from such official line to the nearest line of the building.
D. 
Access. Every building housing a principal use hereafter erected or moved shall be on a lot with direct access to a public or private street, and all such buildings shall be so located as to provide safe and convenient access for servicing and off-street parking.
E. 
Building groups. In any district except the Business-Commercial District, a group of buildings separated only by a common or party wall shall be considered as one building.

§ 21-32 Accessory uses and structures.

A. 
Attached accessory buildings. All accessory buildings which are attached to the principal building shall comply with the yard requirements for the principal building.
B. 
Detached accessory buildings. No detached accessory building shall occupy any portion of the required front yard setback, and no detached accessory building or buildings shall occupy more than 30% of the required rear yard or be located within five feet of any other accessory building or principal building. A three-foot minimum setback measured to the building wall, with a building overhang not to exceed two feet, shall be maintained from rear and side lot lines, except that where an accessory building has an entrance on an alley, such entrance shall be located not less than 10 feet from the nearest alley line.
C. 
Accessory structures. Notwithstanding residential driveways and parking lots, no accessory structure shall be located within five feet of any accessory building or principal building or within three feet of any side or rear lot line.
D. 
Corner visibility. On any corner residential lot, nothing shall be erected, planted or allowed to grow within a triangle created by extending a line 25 feet along each street line from the intersection that will obscure visibility over the height of three feet above street grade.
E. 
Accessory parking and storage. Customary overnight parking or storage of vehicles that have a gross vehicle weight of 8,000 pounds and/or exceed eight feet in width shall be prohibited on any public street or in any residential district. Vehicles without current registration shall also be prohibited on any public street or in any required front yard.
F. 
Recreational vehicles and structures. Outside storage is permitted in a reasonable manner for the following: building for ice fishing, mobile camp trailer, recreational vehicles, utility trailer and boat, provided that the above vehicles and structures are owned by the resident. No storage is permitted in front yards.
G. 
Satellite dishes. No satellite dish shall be placed on a lot without meeting all setback requirements. Further, no satellite dish shall be placed as to interfere with the use of an adjoining lot. No more than one satellite dish shall be placed on a lot. Any satellite dish which is inadequately anchored or is not structurally sound may be subject to order of removal by the Building Inspector.

§ 21-33 Common open space.

A. 
Buildings and structures. Common open space area may contain complementary buildings and structures appropriate for the recreational use and enjoyment of the residents of the development for which it was established.
B. 
Dedication. When common open space or any portion thereof is approved for dedication, and complementary improvements are completed and accepted, a deed shall be conveyed to the City and the supervision and maintenance shall be the responsibility of the City.
C. 
Reservation. When common open space or any portion thereof is to be reserved for the exclusive use and enjoyment of the residents of the development from which it was established, the developer shall establish conditions as to the ownership, maintenance and use of such areas as deemed necessary by the City to assure preservation of its intended purposes.
D. 
Maintenance. In the event that a common open space is improperly maintained, the City may serve written notice upon any property owner or association setting forth the manner in which such property owner or association has failed to maintain the common open space and demanding maintenance deficiencies be corrected within 10 days. If deficiencies as originally set forth or subsequently modified are not corrected within 10 days, the City may enter upon such common open space and correct maintenance deficiencies. The cost of such maintenance shall be assessed proportionately against the properties within the development that have the right to use the area and shall become a tax lien on said properties. The City, at the time of entry, shall file notice of any liens in the office of the Clerk/Treasurer.

§ 21-34 Off-street parking.

A. 
Changes in buildings and use. Whenever a building or use is changed, structurally altered or enlarged to create a need for an increase of 25% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the change.
B. 
Fractional spaces. Where computation of the required parking spaces results in a fractional number, only the fraction of 1/2 or larger shall be counted as one.
C. 
Off-lot parking. Required off-street parking spaces shall be located on the same lot with the principal use, or, when this requirement cannot be met, such parking spaces may be located off lot, provided that the parking spaces are located in a district where similar off-street parking facilities are permitted. Off-lot parking spaces must also be held in fee simple ownership by the owner of the use requiring such parking or be leased or rented through a written agreement satisfactory to the City Attorney. Off-lot parking spaces for residential uses shall be within 200 feet of the principal entrance or the entrance for the individual occupant for whom the spaces are reserved, while the farthest portions of a parking lot for all other uses shall be within 500 feet of the entrance of the establishment.
D. 
Joint use. Two or more uses may provide required off-street parking spaces in a common parking facility if the total spaces provided are not less than the sum of the spaces required for each use individually. The Planning Committee, through an exception, may permit two or more uses to provide total spaces in a common area less than the sum of the spaces required for each use individually, provided that such uses are not operated during the same hours. A written agreement satisfactory to the City Attorney shall accompany any common use arrangement.
E. 
Requirements not specified. Any principal use which does not have specific off-street parking requirements specified in Article III shall provide sufficient off-street parking so that no public street shall be used for parking.
F. 
Design standards. Each required off-street parking space shall have a stall width of at least nine feet and a stall length of at least 20 feet. Minimum width of aisles providing access to stalls for one-way traffic shall be as follows: 11 feet for thirty-degree parking and 13 feet for forth-five-degree parking. Where parking spaces are located adjacent to a Residential or Multifamily District, without an intervening street or alley, they shall be sufficiently screened and architecturally compatible in the form of a solid fence or shrubbery.

§ 21-35 Off-street loading.

Sufficient loading facilities shall be provided so as not to interfere with the plan of traffic or adversely affect adjoining property owners.

§ 21-36 Swimming pools.

[Amended 3-2-2006 by Ord. No. 2006-02]
A. 
General requirements. All swimming pools shall be completely enclosed by a fence of not less than five feet nor more than six feet in height. Gates shall be provided with locking devices. Swimming pools shall be set back at least five feet from the side or rear lot lines and from any other structure excluding a deck. Swimming pools require a fence and swimming pool permit. Swimming pools which are erected shall conform to the National Electrical Code, Article 680, Swimming Pools, Fountains and Similar installation. Fencing shall be erected within five days of completion of the pool.
B. 
Permits.
(1) 
A swimming pool shall require a swimming pool and fence permit. Before a permit can be issued, a site plan is to accompany the permit application, which shows the location of the pool on the lot and its relationship to structures. Said permit shall not be issued until Digger's Hotline has been contacted and has notified the property owner as to the existence and/or location of utilities on the property or the nonexistence of utilities. Said plan shall also include a description of the size, depth, volume and location of the pool and shall describe the type of fencing and gate location also showing existing overhead wiring relative to the proposed pool.
(2) 
Once the application has been properly completed and fee paid, the permit shall be issued by the Building Inspector.