Hoyt Lakes City Zoning Code
PERFORMANCE STANDARDS
§ 152.115 GENERALLY.
The performance standards established in this subchapter are designed to encourage a high standard of development by providing assurance that neighboring land uses will be compatible. The performance standards are also designed to prevent and eliminate those conditions that cause urban blight. All future development shall be required to meet these standards. The standards shall also apply to existing development where so stated. The Zoning Officer shall be responsible for enforcing the standards.
(Ord. 110, passed 4-23-1991)
§ 152.116 EXTERIOR STORAGE.
(A) In residential districts. All materials and equipment should be stored within a building or fully screened so as to not be visible from adjoining properties except for the following:
(1) Off-street parking of passenger automobiles and trucks (less than 26,000 pounds gross weight);
(2) Off-street parking of boats, canoes, watercraft, campers, travel trailers and recreational vehicles, as follows:
(a) No more than a total of three of the following: a boat, canoe or watercraft of less than 26 feet in length; an unoccupied camper, travel trailer or recreational vehicle of less than 40 feet in length; provided that no personal property is parked closer than 12 feet from any public street curb or edge of a public drivable surface; and
(b) No boat, canoe or other watercraft equaling or exceeding 26 feet in length is permitted in an R District; and
(c) No unoccupied camper, travel trailer or recreational vehicle equaling or exceeding 40 feet in length is permitted in an R District.
(3) Building or construction material for up to one year; and
(4) Licensed fish houses if stored in rear yard.
(B) In all districts. The Planning and Zoning Commission may require a conditional use permit for any exterior storage if it is demonstrated that the storage is a hazard to the public health, safety, convenience, morals or has a depreciating effect upon nearby property values, or impairs scenic views, or constitutes threat to living amenities.
(C) Fuel/wood/storage. In all R and B Districts, outside fuel wood shall be stored according to the following conditions.
(1) Outside fuel wood shall not be stored in front yards, except on a temporary basis, not to exceed 45 days. In addition, on a corner lot, outside fuel wood shall not be stored, except on a temporary basis not to exceed 45 days, on the side yard and back yard abutting a street unless the fuel wood is set back from the street, the distance that the house or garage is set back from that street.
(2) Fuel wood shall not encroach upon rights-of-way or sidewalks.
(3) Except for temporary storage not to exceed 45 days outside fuel wood shall not exceed four feet in length.
(4) Outside fuel wood piles shall not exceed six feet in height.
(5) Outside fuel wood piles shall be neat in appearance, free from unreasonable infestation of rodents or other pests, and shall be securely piled in a safe manner so as to prevent falling over. The determination as to this condition shall initially be made by the Zoning Officer, who shall give ten days’ written notice of the determination prior to issuing any citation. The notice shall also provide that the owner may appeal the determination to the Zoning Board of Adjustment by filing written notice of appeal with the office of City Clerk-Treasurer within the ten-day period.
(6) Any property owner may request a conditional use permit, as provided for in § 152.066, to request relief from the strict compliance with any provisions of this division (C).
(7) Any fuel wood storage in existence as of the effective date of this section, which does not comply with the provisions of this section, must be removed or other wise placed in compliance with these provisions on or before August 1, 1986.
(Ord. 110, passed 4-23-1991; Ord. 172, passed 3-22-2005)
§ 152.117 REFUSE.
(A) In all districts. All waste material, debris, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for those purposes. The owner of vacant land shall be responsible for keeping the land free of refuse and weeds. Existing uses shall comply with this division (A) within six months following enactment of this chapter. All exterior storage not included as permitted accessory use, a permitted use or included as part of a special use permit, or otherwise permitted by provisions of this chapter, shall be considered as refuse.
(B) Incinerators. Any structure or equipment for the burning of trash shall be of a design authorized by the Minnesota Pollution Control Agency; upon advice from the Zoning Officer, the City Council may require a special use permit for any incinerator.
(Ord. 110, passed 4-23-1991)
§ 152.118 SCREENING.
(A) Screening shall be required in residential zones where:
(1) Any off-street parking area contains more than four parking spaces and is within 30 feet of an adjoining residential zone; and
(2) Where the driveway to a parking area of more than six parking space is within 15 feet of an adjoining residential use or zone.
(B) Where any business or industrial use (structure, parking or storage) is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business, parking lot or industry is across the street from a residential zone, but no on that side of a business or industry considered to be the front (as determined by the Zoning Officer).
(C) All exterior storage shall be screened. The exceptions are:
(1) Merchandise being displayed for sale;
(2) Materials and equipment being used for construction on premises;
(3) Merchandise located on service station pump islands; and
(4) Fuel wood storage.
(D) The screening required in this section shall consist of a fence or wall not less than five feet high but shall not extend within 15 feet of any street. The screening shall be placed along property lines or in case of screening along a street, 15 feet from the street right-of-way with landscaping between the screening and the pavement. A fence shall block direct vision. Planting of a type approved by the Planning Commission may also be required in addition to or in lieu of fencing.
(Ord. 110, passed 4-23-1991)
§ 152.119 GLARE.
Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from floodlights or from high-temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one foot candle (meter reading) as measured from the centerline of the street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot candles (meter reading) as measured from the property.
(Ord. 110, passed 4-23-1991)
§ 152.120 SIGNS, ADVERTISING LIGHTS AND DEVICES.
(A) General provisions. Signs, advertising lights and devices shall be governed by the following provisions and any other regulations as may be hereafter established in the furtherance or clarification thereof.
(1) This section shall not apply to any display of directional signs, street name signs or other signs which have been authorized and erected by a governmental body or to on-site private instructional signs less than four square feet in areas intended to aid persons on private parcels of land.
(2) Signs are prohibited within the public right-of-way except that the City Council may grant a special permit for temporary signs and decorations to be placed on a right-of-way for a period of time not to exceed 90 days, subject to the laws of the state.
(3) Illuminated flashing signs shall not be permitted within any zoning district.
(4) One nameplate sign per lot in the B-1, B-2, B-3 and Industrial Districts pertaining to a permitted use may be erected not to exceed 30% of the authorized aggregate square footage of advertising sign space for that lot.
(5) For the purpose of selling or leasing property, a sign or signs not in excess of 25 square feet of sign may be placed within the front yard of the property to be sold or leased. The sign or signs shall not be less than 15 feet from the front lot line unless flat against the structure. Failure to remove the sign within ten days of sale or lease of property and to maintain the sign shall be considered a violation of this chapter.
(6) For the purpose of selling or promoting a residential project of six or more dwelling units, a sign not to exceed 100 square feet may be erected upon the project site and maintained until each of the units has been rented or leased.
(7) The area within the frame shall be used to calculate the square footage except that the width of a frame exceeding 12 inches shall constitute advertising space, or should the letters or graphics be mounted directly on a wall or fascia or in a way as to be without a frame, the dimensions for calculating the square footage shall be the area extending six inches beyond the periphery formed around the letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof, and each surface utilized to display a message or to attract attention shall be measured as a separate sign, and symbols, flags, pictures, wording, figures or other forms of graphics painted on or attached to windows, walls, awnings, freestanding structures, suspended by balloons or kites or on persons, animals or vehicles shall be considered as a sign to be included in calculating the overall square footage.
(8) Signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter are a nonconforming use or structure and as such shall be under the regulations set forth in § 152.032.
(9) The top of any sign, including its superstructure, if any, shall be no higher than six feet above the roof of the building to which the sign may be attached or 35 feet above ground level, whichever height is less; except that the height of any nameplate sign which is attached to or an integral part of a functional structure, such as a water tower, smoke stack, radio or television transmitting tower, beacon or similar structure, shall be no higher than the structure.
(10) Signs, including any superstructure, standing or erected free of any building or other structure, shall not exceed an overall height of 25 feet from ground level.
(B) Signs in R Districts. Within the R District, the following signs are permitted.
(1) One double surfaced nameplate sign for each dwelling which shall not exceed one square foot in area per surface. The sign may indicate the name of occupant and address.
(2) One double surface nameplate sign for each dwelling group of six or more units, which shall not exceed six square feet in area per surface. The sign may indicate the names and addressed of the buildings or project, or may be a directory for occupants or state any combination of the above information.
(3) One double surfaced nameplate sign for each permitted use other than residential which shall not exceed 12 square feet in area per surface plus one-half square foot per surface for each one foot of setback greater than 20 feet.
(4) Symbols, statues, sculptures and integrated architectural features on nonresidential buildings may be illuminated by floodlights, provided the direct source of lights is not visible from the public right-of-way or adjacent residential property.
(C) Signs in B-1 Districts. Within the B-1 District, nameplate signs or business signs are permitted subject to the following regulations:
(1) Within the B-1 Business District, the aggregate square footage of sign per lot shall not exceed the sum of three square feet per front foot of building, with the least width of the lot fronting on a public right-of-way, 50 (or more) feet in width being the front for applying this section, plus one square foot for each foot of side yard abutting along a public right-of-way 50 feet or more in width.
(2) No individual sign shall exceed 250 square feet in area except as provided in division (A)(6) above.
(D) Signs in the B-2 and I Districts. Within the B-2 and I Districts, nameplate signs, business signs are permitted, subject to the following regulations.
(1) The aggregate square footage of sign space per lot shall not exceed the sum of four square feet per front foot of building, plus two square feet per front foot of property not occupied by a building, plus one square foot for each foot of public right-of-way other than the front 50 feet or more in width abutting the lot, plus a 10% increase in permitted sign space for each 15 feet the sign is set back of the front yard, up to a 100% increase.
(2) The least width of such a corner lot shall be the front for purposes of this chapter.
(3) A part of the aggregate square footage up to 100 square feet may be used for an advertising sign where the sign is not the principal use.
(E) Signs in the B-3 Business District. Within the B-3 District, nameplate signs, business and directional signs are permitted, subject to the following regulations.
(1) Within the B-3 District, the aggregate square footage of sign per lot shall not exceed the sum of two square feet per front foot of building, plus one square foot of lot width (the least lot width shall prevail).
(2) No individual sign shall exceed 180 square feet in area or the criteria of division (A)(6) above, the lesser square footage shall prevail.
(3) The least width of a corner lot shall be the front for purpose of this section or as determined by the Zoning Officer.
(Ord. 110, passed 4-23-1991)
§ 152.121 OFF-STREET PARKING AREAS.
(A) General provisions.
(1) No reduction in number. Existing off-street parking spaces and loading spaces upon the effective date of this chapter shall not be reduced in number unless the number exceeds the requirements set forth herein for a similar new use.
(2) Damage or destruction of building, structure or use. Should a building, structure or use in existence upon the effective date of this section be damaged or destroyed by fire or other cause, it may be re-established according to § 152.032(E) but in so doing the number of off-street parking or loading spaces which existed must be retained and should plans be proposed for enlarging the floor area, seating capacity or other facilities which would affect the parking or loading requirements, the parking or loading spaces shall be enlarged accordingly.
(3) Provision of off-street parking areas. The owner or occupants of all land parcels and premises in the city shall provide off-street parking areas as are set forth in this section under appropriate respected zoning districts.
(4) Yards. Parking areas shall be subject to front yard setback requirements in accordance with the district in which the parking areas are located.
(5) Floor area. The term FLOOR AREA for the purpose of calculating the number of off-street parking spaces required shall be all of the floor area of the various floors of a structure measured to the centers of all partitions, except those areas used for dead storage, building maintenance, office of building management, toilets or rest rooms, window showcases, dressing rooms, employees’ café, conference rooms or for building utilities.
(6) Benches in places of public assembly. In stadiums, sports arena, churches and other places of assembly in which patrons or spectators occupy benches, pew or other similar seating facilities, each 22 inches of the seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities under this chapter.
(7) Parking spaces. Each parking space shall be unobstructed and not less than ten feet wide and 20 feet in length per car and have an adequate system of access.
(8) Use of residential parking facilities. Off-street residential parking facilities may be utilized for the parking of passenger automobiles and trucks not to exceed a gross weight of six tons.
(9) Joint parking facilities. In all business and industrial districts, required off-street parking facilities may be combined and provided in one area provided that the facilities shall not thereby be diminished.
(10) Zoning permit issued prior to the effective date of this section. Buildings or structures for which a zoning permit has been issued prior to the effective date of this section but for which work has not been completed shall be exempt from the hereinafter stated parking requirements if the structure or building is completed within six months after the effective date of this chapter.
(11) Handicapped parking. Handicapped parking must meet state regulations.
(B) Design and maintenance of off-street parking areas.
(1) Drainage. Driveways shall not exceed a grade of 4% and all parking lots except those for less than four vehicles shall be graded according to a drainage plan which has been approved by the City Engineer. Catch basins, sumps and under-ground storm sewers may be required and all lots and driveways shall be surfaced with a material to control dust and drainage.
(2) Lighting. Any lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic.
(3) Distance from the parking area property line. All off-street parking areas shall be so designed and constructed that no part of any vehicle ever parked therein shall be nearer than one foot from the parking area property line.
(4) Fences in certain parking areas. When a required off-street parking area for six cars or more is located adjacent to any R District, there shall be constructed and maintained a wall of suitable material of not less than three and one-half feet nor more than six feet in height along the lot line to capture the vehicle light beams and muffle the vehicle noise.
(C) Required off-street parking. The following minimum areas shall be provided and maintained by ownership, easement or lease, for and during the life of the respective uses hereinafter set forth:
(1) Single-family dwellings. At least two parking spaces for each dwelling unit. A garage may fulfill this requirement. However, a zoning permit shall not be granted to convert a garage to living space unless other acceptable provisions are made to provide the required parking space;
(2) Two-family dwelling. At least two parking spaces per dwelling unit, but not more than one two car garage per dwelling unit;
(3) Boarding and rooming houses. At least two parking spaces for each three persons for which accommodations are provided for sleeping;
(4) Multiple dwelling. At least two and one-half parking spaces per dwelling unit in the R-3 Districts;
(5) Motel, tourist home, motor hotel, bed and breakfast. At least one parking space for each dwelling unit or lodging room. Plus one additional space for each eight units;
(6) School, elementary and junior high. At least one parking space for each classroom plus one additional space for each 100 student capacity;
(7) School, high school through college. At least one parking space for each ten students based on design capacity, plus one additional space for each two classrooms;
(8) Church, clubs. At least one parking space for each three and one-half seats based on the design capacity of the main assembly hall;
(9) Theater, ballfield, stadium. At least one parking space for each eight seats of design capacity;
(10) Hospital. At least one and one-half parking spaces for each patient bed;
(11) Sanitarium, convalescent home, rest home, nursing home or institution. At least one parking space for each six beds for which accommodations are offered, plus one additional parking space for each 15 beds;
(12) Medical or dental clinic. At least three parking spaces for each staff doctor or dentist or one space for each 150 square feet of gross floor area, whichever is greater;
(13) Restaurants (Class 2). At least one parking space for each 30 square feet of gross floor area in building allocated to drive-in operation;
(14) Bowling alley. At least five parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant;
(15) Motor fuel station. At least four off-street parking spaces plus two off-street parking spaces for each service stall;
(16) Restaurants (Class 1). At least one space for each three seats based on capacity design or where there is no design layout, one space for each 35 square feet of gross floor area;
(17) Banks, offices, municipal building and/or public office buildings. At least one parking space for each 250 square feet of gross floor area;
(18) Undertaking establishments. One parking space for each five seats or 35 square feet of seating area where there are no fixed seats, plus one parking space for each 250 square feet of floor area not used for seating;
(19) Furniture store, appliance store, wholesale and warehouse. At least one parking space for each 400 square feet of gross floor area;
(20) Open sales lots, lumber yards, auto sales. One parking space for each 2,000 square feet of land up to the first 8,000 square feet plus one parking space for each 4,000 square feet of land up to a parcel of 24,000 square feet, plus one parking space for each 6,000 square feet thereafter;
(21) Auto repair, boat and marine sales, garden store, carpenter shop. Four parking spaces plus one for each 500 square feet of floor area over the first 1,000 square feet;
(22) Skating, dance hall, private clubs, ice arena. Ten parking spaces plus one for each 200 square feet of floor area devoted to the principal use;
(23) Other retail commercial uses. One parking space for each 200 square feet of gross floor area; and
(24) Manufacturing, fabricating or processing of a product or material. Four off-street parking spaces plus one for each 400 square feet of floor area.
(D) Off-street loading and unloading areas.
(1) Location. All loading berths shall be off-street and shall be located on the same lot as the building or use to be served. A loading berth shall not be located less than 25 feet from the intersection of two street rights-of-way, nor less than 50 feet from a residential district unless within a building. Loading berths shall not occupy the required front yard setback space.
(2) Size. Unless otherwise specified in this chapter, a required loading berth shall not be less than ten feet in width, 25 feet in length and 14 feet in height, exclusive of aisle and maneuvering space.
(3) Access. Each required loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will least interfere with traffic.
(4) Surfacing. All loading berths and accessways shall be improved with a durable material to control the dust and drainage according to a plan approved by the City Engineer.
(5) Accessory use. Any space allocated as a loading berth or access drive so as to comply with the terms of this chapter shall not be used for the storage of goods, inoperable vehicles or be included as a part of the space requirements necessary to meet the off-street parking area.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.122 DRAINAGE.
No land shall be developed and no use shall be permitted that results in water run-off causing flooding, erosion or deposit of minerals on adjacent properties. The run-off shall be properly channeled into a storm drain, watercourse, ponding area or other public facilities. Any change in grade affecting water run-off onto adjacent property must be as approved by the City Council.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.123 EXPLOSIVES.
No activities involving the storage, utilization or manufacture of materials or products such at TNT or dynamite which could decompose by detonation shall be permitted except those as are specifically licensed by the City Council.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.124 DWELLING UNITS IN BUSINESS AND INDUSTRIAL DISTRICTS.
Dwelling units for watchman and family shall be considered as accessory uses and shall conform to all applicable regulations for the district in which located except as herein modified.
(A) A dwelling unit in the business district located in a commercial structure shall not occupy the front half of the ground floor or basement.
(B) A dwelling unit in a commercial or industrial building shall not contain more than one bedroom.
(C) A dwelling unit which is a part of the principal building shall be provided with one outside entrance.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.125 RESTAURANTS (CLASS 2).
(A) The entire area shall have a drainage system approved by the City Engineer.
(B) The entire area other than that occupied by structures or planting shall be surfaced with a material which will control dust and drainage.
(C) A box curb at least six inches above grade shall separate the public walk area from the lot except at approved entrance or exit drives.
(D) (1) A fence of acceptable design not over six feet in height or less than four feet shall be constructed along the property line abutting residential district and the fence shall be adequately maintained.
(2) The fence shall not be required within the required front yard.
(E) The lighting shall be accomplished in a way as to have no direct source of light visible from the public right-of-way or adjacent land in residential use.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.126 RADIATION AND ELECTRICAL EMISSIONS.
No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment other than that of the creator of the disturbances.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.127 OTHER NUISANCE CHARACTERISTICS.
No noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare, dust or other adverse influences shall be permitted in any district that will in any way have an objectionable effect upon adjacent or nearby property. All wastes in all districts shall be disposed of in a manner that is not dangerous to public health and safety nor will damage public waste transmission or disposal facilities. Minimum standards shall comply to State Pollution Control Agency standards.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.128 AUTOMOBILE SALES AND SHOW ROOMS.
The building and premises for automobile sales and show rooms shall meet the following requirements.
(A) Setbacks and lot requirements.
(2) Parking. A minimum 25-foot wide landscaped yard shall be required and maintained between any public street right-of-way and parking lots (including maneuvering area).
(3) Contiguous site. Motor vehicle sales shall be on one lot or contiguous lots not separated by a public street, alley or other use.
(4) Lot width. The minimum lot width shall be 150 feet at the minimum required front yard setback.
(5) Lot area. A minimum lot area of one acre shall be required.
(B) Access driveways.
(1) Distance of driveway from street intersection. The distance of the driveway from the street intersection shall be not less than 50 feet; provided, however, that if, in the opinion of the City Engineer, present or future traffic conditions warrant greater distances, the greater distances shall be required.
(2) Minimum distance between driveways. Minimum distance between driveways shall be 25 feet at the curb cut.
(3) Minimum driveway angle to street. Minimum driveway angle to street shall be 60 degrees unless otherwise approved by the City Engineer.
(4) Minimum distance between driveway and adjacent property. Minimum distance between driveway and adjacent property shall be five feet at the curb cut.
(5) Widths of driveways and curb cuts. No driveway shall exceed 25 feet in width and no curb cut shall exceed 35 feet in width.
(C) Landscaping, screening and curbing.
(1) Screening. A screen shall be erected and maintained along all property lines separating the site from any residential district. The screening required in this section shall consist of a fence or wall not less than five feet nor more than seven feet in height or an equivalent as is approved by the Zoning Officer. Screening shall also include landscaping (trees, shrubs, grass and the like) of a type (layout, species, height, size and density) approved by the Planning Commission. All waste material, debris, refuse, junk or damaged vehicles shall be kept in an enclosed building or area completely screened from public streets and adjacent property.
(2) Landscaping. A landscaped yard shall be provided and maintained on all areas of the site not devoted to the building or parking areas. The landscaped yard areas may be required at various locations on the site.
(3) Curbs. Interior curbs shall be constructed within the property to separate driving and parking surfaces from landscaped areas. Interior curbs required by this section shall be a normal six inches in height.
(4) Surfacing. The entire site on which motor vehicle sales is located, other than that devoted to buildings and structures or landscaped areas, shall be paved or blacktopped and maintained to control dust and drainage and the paving or blacktopping shall be subject to the approval of the City Engineer.
(5) Lighting. All outdoor illumination on sales lots shall be provided with lenses, reflectors or shades, which will concentrate the light upon the premises so as to prevent glare or direct rays of light there from being visible upon any adjacent highway or street or any private property occupied for residential purposes. No flashing lights shall be permitted on any sales lots. Lighting from any source on the property shall not exceed 0.5 foot candles as measured from the centerline of any adjacent street nor 0.4 foot candles at any property line which is not also a public right-of-way line.
(D) Parking.
(1) Customer parking. A minimum of five customer parking spaces shall be provided for every acre of total site area.
(2) Customer service parking. A minimum of five customer service parking spaces shall be provided for every acre of total site area.
(3) Employee parking.
(a) A minimum of two employee parking spaces shall be provided for every three employees.
(b) The foregoing required parking spaces shall be shown and designated on the site plan.
(E) Parking for outside sales and storage. The maximum area permitted for outside storage of automobiles, new or used, shall not exceed two square feet of outside storage area to each one square foot of enclosed ground floor area. Not more than one automobile shall be stored on each 400 square feet of outside storage area.
(Ord. 110, passed 4-23-1991)
§ 152.129 STANDARDS REGULATING OUTDOOR SWIMMING POOL LOCATION AND CONSTRUCTION.
(A) General.
(1) A zoning permit shall be required for any swimming pool or other outdoor bathing facility except for any pool or bathing facility that is two feet or less in depth.
(2) An application for a zoning permit shall show:
(a) Type and size of pool or bath facility; and
(b) Site plan:
1. Location of pool or bathing facility;
2. Location of house, garage, fencing and other features on the lot;
3. Location of structures on all adjacent lots;
4. Location of filter unit, pump and wiring involving type;
5. Location of back-flush and drainage outlet;
6. Grading plan, finished elevations and final treatment (decking, landscaping and the like) around pool;
7. Location of existing overhead or underground wiring, utility easements, trees and similar features; and
8. Location of any water heating unit.
(B) In single-family district.
(1) Pools shall not be located within ten feet of any side or rear lot line nor within six feet of any principal structure or front footing. Pools shall not be located within any required front yard.
(2) Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.
(3) Pools shall not be located within any private or public utility, walkway, drainage or other easement.
(4) In the case of underground pools, due precautions shall be taken during the construction period to avoid damage, hazards or inconvenience to adjacent or nearby property.
(5) All access for construction shall be via the owners’ land and due care shall be taken to avoid damage to public streets and adjacent private or public property.
(6) To the extent feasible, back-flush water or water from pool drainage shall be on the owners property or into approved public drainageways. Water shall not drain onto adjacent or nearby private land.
(7) The filter unit, pump, heating unit and any other noise-making mechanical equipment shall be located at least 50 feet from any adjacent or nearby residential structure and not closer than ten feet to any lot line.
(8) Lighting for the pool shall be directed into or onto the pool and not onto adjacent property.
(9) Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type.
(10) A safety fence of at least five feet in height shall completely enclose the pool.
(11) All wiring, installation of heating units, grading, installation of pipes and all other installations and construction shall be subject to inspection by public inspectors.
(12) Any proposed deviation from these standards and requirements shall require a conditional use permit in accordance with normal zoning procedures.
(C) In multiple-family areas. Pools in multiple-family areas (residential structures containing three or more dwelling units) shall conform to the standards set for single-family districts with the following added restrictions.
(1) No part of the water surface of the swimming pool shall be less than 50 feet from any lot line.
(2) No pump, filter, heating units or other apparatus used in connection with or to service a swimming pool shall be located less than 50 feet from any lot line.
(3) All deck areas, adjacent patios or other similar areas used in conjunction with the swimming pool shall be located not closer than 30 feet to any adjacent single-family lot line. Adequate screening including both fencing and landscape treatment shall be placed between the areas and adjacent single- family lot lines.
(D) In all areas.
(1) Safety fencing shall be considered an integral part of any pool and shall be installed prior to considering the pool complete.
(2) Nuisances such as undue noise, lighting onto adjacent property, health and safety hazards, damage to nearby vegetation and the like shall not be permitted.
(3) Filling of pools via fire hydrants and other public means shall require approval of Superintendent of Utilities.
(4) Drainage of pools onto public streets or other public drainageways shall require approval of the Superintendent of Utilities.
(5) Prior to issuance of a zoning permit for any pool, the owners of all adjacent property shall be notified.
(6) Indoor pools shall comply to the State Building Code.
(Ord. 110, passed 4-23-1991; Ord. 173, passed 6-28-2005)
§ 152.130 MOTOR FUEL STATIONS.
The building and premises for motor fuel stations shall meet the following requirements.
(A) Setbacks and lot requirements.
(1) The setback of any overhead canopy or weather protection, freestanding or projecting from the station structure shall be not less than ten feet from the street right-of-way line nor less than 20 feet from an adjacent property line.
(2) The total height of any overhead canopy or weather protection shall not exceed 20 feet in height.
(3) Open dead storage of motor vehicles, other than motor vehicles for rent, shall not be permitted for a period of more than 48 hours.
(4) All goods for sale by a motor fuel station convenience store, other than those generally required for the operation and maintenance of motor vehicles, shall be displayed within the principal motor fuel station structure.
(5) Each motor fuel station shall be architecturally designed so as to be as compatible as possible with the general architectural intent of the area in which it is located.
(6) For the purposes of architectural appropriateness each and every side of a motor fuel station shall be considered as front face.
Lot Width | Front Yard | Adjacent to Another Lot | Adjacent to Street | Rear Yard | Pump Setback | |
Interior lot station | 150 feet | 60 feet | 30 feet | 60 feet | 30 feet | 25 feet |
Corner lot station | 200 feet | 60 feet | 30 feet | 60 feet | 30 feet | 30 feet |
With trailer or motor vehicle rentals | 200 feet | 60 feet | Either side yard, 60 feet; not adjacent to street or rear yard, 50 feet; other yard, 30 feet | (see side yard) | ||
(B) Access driveways and parking areas.
(1) Access and parking areas shall be designated so as to provide an adequate means of access to a public street. The driveway access shall not exceed 22 feet in width at the public street right-of-way line and shall be so limited so as to cause the least interference with the traffic movement.
(2) All public parking areas shall have access off driveways and not directly off a public street. All outside parking spaces shall be clearly marked on the pavement.
(3) Motor fuel stations and motor fuel station convenience stores: a minimum of four outside parking spaces, plus three additional outside parking spaces for each enclosed service stall shall be provided. One additional outside parking space shall be provided for each 150 square feet of floor space devoted to retail sales in a motor fuel station convenience store.
(4) The distance from a driveway to the intersection of two streets shall not be less than 30 feet measured along the curb line with the property line and the point of tangency of the curb lines with the curb return of the driveway; provided, however, that if, in the opinion of the City Engineer, present or future traffic conditions warrant greater distances, the greater distances shall be required subject to approval by the City Council.
(5) The minimum distance between driveways shall be 25 feet measured at the property or street right-of-way line; provided however, that if, in the opinion of the City Engineer, present or future traffic conditions warrant greater distances, the greater distances shall be required subject to approval by the City Council.
(6) The minimum driveway angle to the street shall be 45 degrees unless otherwise recommended by the City Engineer and approved by the City Council.
(7) The distance from a driveway to the property line of an adjacent property shall not be less than five feet measured along the curb line between the point of intersection of the curb line with the property line extended and the point of tangency of the curb line with the curb return of the driveway unless otherwise recommended by the City Engineer and approved by the City Council.
(C) Landscaping and sign requirements.
(1) A minimum ten-foot landscaped yard shall be planted and maintained behind the property line along all adjacent public streets.
(2) A landscaped yard not less than five feet wide shall be maintained along exterior property lines except at driveway entrances.
(3) The entire motor fuel station site, other than that part devoted to landscaping and structures shall be surfaced with concrete or bituminous surfacing to control dust and provide adequate drainage, and the surfaces shall be designed to meet the requirements of a minimum four-ton axle load.
(4) Whenever a motor fuel station abuts an R District, a fence or compact evergreen hedge not less than 50% opaque nor less than six feet high shall be erected and maintained along the side and rear property line that abuts the R District. Application of this provision shall not require a fence within 15 feet of any street right-of-way line.
(5) All trash, waste materials and obsolete automobile parts shall be stored within a separate enclosure behind the principal structure of the motor fuel station.
(6) All interior curbs shall be constructed within the property lines to separate driving and parking areas from landscaped areas. The curbing shall be constructed of concrete and shall be of a six- inch non-surmountable design.
(7) All rental campers, trailers or motor vehicles shall be stored within the rear and/or side yard not adjacent to the street. The rentals shall not be stored within the front yard setback nor the side yard adjacent to the street.
(8) Notwithstanding anything to the contrary in other sections of this chapter, the following requirements shall be observed for signs for motor fuel stations.
(a) Motor fuel stations shall have no more than one pedestal type business identification sign not to exceed 25 feet in height erected within any yard except that no part of the sign shall be less than ten feet from a property line measured as a horizontal distance.
(b) No part of the sign surface shall be less than 16 feet vertical distance from the grade of the nearest driveway or parking area.
(c) The pedestal shall not be less than five feet from a driveway at its nearest point.
(d) The sign shall have no more than three faces and shall not exceed more than 100 square feet per face.
(D) Lighting. All outdoor illumination shall be provided with lenses, reflectors or shade which will concentrate the light upon the premises so as to prevent any undue glare or rays of light therefrom being directly visible upon any adjacent street, roadway or adjacent property.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.131 RECREATIONAL FIRES.
Recreational fires are not permitted in any R District unless the following conditions can be met.
(A) No fire ban has been initiated by appropriate federal, state or local authorities.
(B) Only above-ground fireplace type structures made of metal or other non-combustible material which are completely enclosed may be used. In R-1 areas, metal fire rings are also permissible.
(C) The area of the fire, whether enclosed or in a fire ring, may not exceed three feet in diameter, must be least 25 feet from any structure, and cannot produce excessive smoke so as to be a nuisance to the other property owners.
(D) Fires will not be allowed to smolder with no flame present and only clean, dry wood may be used.
(E) No fire will be permitted within 20 feet in any direction of any above or below ground natural gas, electrical, cable television or other utility service line.
(F) Mobile cooking devices such as charcoal grills, wood smokers, hibachis and propane or natural gas devices are not defined as recreational fires.
(G) Recreational burning is prohibited between 12:00 a.m. midnight and 9:00 a.m.
(Ord. 172, passed 3-22-2005) Penalty, see § 152.999
§ 152.999 PENALTY.
(A) Any firm, person or corporation who violates any of the provisions of these regulations, shall be guilty of a misdemeanor, and upon conviction thereof be subject to fine and/or imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.
(B) Any person who violates, neglects, refuses to comply with, or assists or participates in any way in the violation of any of the provisions or requirements of § 152.101 is guilty of a misdemeanor and for each violation is subject to the maximum penalty prescribed by state law for a misdemeanor. Each day the violation continues shall constitute a separate offense.
(Ord. 110, passed 4-23-1991; Ord. 163, passed 7-22-2003)