The requirements and standards specified heretofore in this title shall be subject to the following provisions set forth in this chapter and to Chapter 13.08.

(1)

HEIGHT LIMITATIONS. Height limitations as set forth in "R-1," "R-2," and "R-3," districts elsewhere in this title may be increased without special permit by fifty percent when applied to the following:

(a)

Antenna, radio and TV;

(b)

Church spires and steeples;

(c)

Belfries;

(d)

Water tower (private);

(e)

Flag poles;

(f)

Smokestacks;

(g)

Cooling towers;

(h)

Elevator penthouse;

Heights in excess thereof for such purposes may be permitted only by a conditional use permit granted by resolution of the governing body determining that such structure would not be dangerous and would not adversely affect the adjoining or adjacent property.

(2)

FRONT YARD VARIANCE. In any "R" district, wherever a platted block or otherwise subdivided area has dwellings located on fifty percent or more of the parcels located between two streets, the front yard setback line may be reduced below the minimum which would be therein required, but shall in no case be less than either the average front setback lines already established by the dwellings located in such block or area, or fifteen feet whichever is greater.

(3)

SIDE YARD ALLOWANCES.

(a)

In any "R" district, whenever a platted block or otherwise subdivided area has a residential dwelling upon an existing lot and due to a zoning ordinance change, the existing side yard setback line is less than required under the zoning law as changed, the side yard setback line for expansions or additions to the existing principal dwelling or attached accessory building may be reduced below the minimum which would be required but shall in no case be less than the setback line of the existing structure.

(b)

In any "R" district, whenever a platted lot or portion thereof which is in existence prior to the effective date of the ordinance codified in this chapter, has a front lot width less than now required; the required minimum side yard which does not abut a street may be reduced by the percentage that the front lot width differs from the now required minimum width, but in no case shall such side yard be reduced below five feet.

(c)

In no case may any structure except for fences be constructed in utility easement areas along front, side or rear property lines. As long as the owner understands that any fence installed in a utility easement area may be removed by a public or private utility provider and the owner may be responsible to pay for the removal and the owner will have to reinstall the fence or pay to have the fence reinstalled at no cost to the city or the utility provider.

(d)

If a detached accessory building is constructed three feet (or less by variance) from the property line, the roof overhang on the building will be limited to one foot including stormwater gutters.

(4)

RESIDENTIAL FRONTAGE. No residence shall hereafter be erected upon any parcel unless such parcel abuts upon a street for at least fifty feet.

(5)

REZONING. Rezoning for any individual business or industry shall not be permitted unless it is an extension of an existing business or industrial district, or is designated to be a part of a business or industrial area as designated on the Huron comprehensive plan.

(6)

USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS. Whenever in any district a use is neither specifically permitted nor denied, the council, the commission, or a property owner may request a study by the commission to determine whether the particular use is compatible with the Huron comprehensive plan, what zoning district would be most appropriate and the determination as to conditions and standards relating to the use. The council may upon receipt of the study initiate an amendment to Title 23 to provide for the particular use under consideration or find that the use is not compatible.

(7)

REQUEST FOR A VARIANCE—CONDITIONAL USE PERMIT OR AMENDMENT LIMITS. A request for a variance, conditional use permit, or amendment which has been acted upon may not be requested again until a period of six months has passed unless the applicant can show to the satisfaction of the commission that the conditions which were present when the earlier request was filed have changed or that the request is substantially different.

(8)

LOTS NOT SERVED BY PUBLIC SEWER AND WATER. In any district, where either public water supply or public sanitary sewer is not accessible, the otherwise specified lot area per dwelling and width requirements shall be a minimum of fifteen thousand square feet of lot area and one hundred feet of lot width or as specified in district if larger.

(9)

RECREATIONAL VEHICLES. It is permissible to park recreational vehicles within the residential districts subject to the following:

(a)

Parking is permitted within a garage or carport which conforms to the zoning requirements of the zoning district in which it is located;

(b)

Parking is permitted outside as follows:

(1)

In any rear yard of the principal structure; side of the principal structure if it does not encroach on a required side yard; or side yard serves as a driveway to a private garage,

(2)

If space is not available in the areas provided in subsection (1) of this section or where there is no reasonable access to these areas; parking is permitted in a side yard provided it is not nearer than two feet to the lot line,

(3)

If space is not available in the areas provided in subsection (2) of this section or where there is no reasonable access to these areas, parking is permitted in a front yard on a driveway,

(4)

Parking on the boulevard shall be subject to Sections 15.24.030 and 16.28.090,

(5)

A corner lot or a lot abutting an alley is always considered to have reasonable access to a rear yard,

(6)

A fence is not deemed to prevent reasonable access to a side or rear yard;

(c)

A recreational vehicle may be parked anywhere within a lot during active loading or unloading; and the use of electricity or propane fuel is permitted when necessary to prepare the recreational vehicle for use;

(d)

When a dwelling unit is being constructed or remodeled the owner/resident thereof may utilize a recreational vehicle for dwelling purposes for a reasonable period of time which has been approved by the city building inspector;

(e)

Recreation vehicles shall not be:

(1)

Used for dwelling purposes, except for overnight sleeping for a maximum of thirty days per calendar year, nor more than fifteen consecutive days and except as provided in subsection (d) of this section,

(2)

Permanently connected to sewer lines or water lines; the unit may be connected to electricity temporarily for charging batteries.

(10)

LOT/STRUCTURE FRONTAGE. A structure may or may not face the "Lot Line—Front" as defined.

(Ord. 2025 (part), 2007; Ord. 1888 (part), 2000; Ord. 1505, 1984; Ord. 1510, 1984; Ord. 1332, 1978: Ord. 985 (part), 1971).

(Ord. No. 2086, 9-27-2010; Ord. No. 2160-23-389, 6-1-2015)

(1)

PURPOSE OF STANDARDS. The guiding of urban development so as to develop a compatible relationship of uses depends upon certain standards being maintained. Uses permitted in the various districts; conditional and accessory uses shall conform to the following standards as set forth in this section.

(2)

OCCUPATION NOISE. Any use established shall be so operated that no noise resulting from the use is perceptible beyond the boundaries of that plat line of the site on which such use is located. This standard shall apply to incidental traffic, parking, loading, construction, or maintenance operations.

(3)

SMOKE AND PARTICULATE MATTER. Any use established, enlarged or remodeled after the effective date of the ordinance codified in this title shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort or general welfare of the public.

For purpose of grading the density of smoke, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed. The emission of smoke shall not be of a density greater than No. 2 on the Ringelmann Chart.

(4)

TOXIC OR NOXIOUS MATTER. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein such use is located, toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.

(5)

ODORS. Any use established, enlarged, or remodeled shall be so operated as to prevent the emission of odorous matter of such quantity as to be readily detectable at any point beyond the lot line of the site on which such use is located.

(6)

VIBRATION. Any use creating periodic earth-shaking vibrations, such as may be created from a drop forge shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction.

(7)

GLARE OR HEAT. Any use requiring an operation producing an intense heat or direct light transmission shall be performed with the necessary shielding to prevent such heat or direct light from being detectable at the lot line of the site on which the use is located.

(8)

EXPLOSIVES. Any use requiring the storage, utilization, or manufacturing of products which could decompose by detonation shall be located not less than five hundred feet from the "R" district line.

(9)

SCREENING. Any use in the "I-1" light industrial district abutting on the "R" district shall effectively screen any open storage from eye level vision by providing and maintaining a wall, fence or thirty foot wide planting strip to screen and reduce the noise, dust and vision between the two uses. A fence or planting strip used as a screen shall be installed or planted and maintained and shall create an obstruction to visibility from the R to the I-1 District that is at least six feet in height that is at least fifty percent closed.

(10)

WASTE MATERIAL. Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system, but shall be disposed of in a manner approved by the city engineer. The engineer may establish appropriate regulations and standards therefor.

(Ord. 985, 1971).

(Ord. No. 2160-23-389, 6-1-2015)

The purpose of this section is to provide a method where flexibility of site design and architecture may be applied by placing more than one building on a lot in residential, commercial, or industrial districts according to the following provisions:

(1)

RESIDENTIAL DISTRICT. The purpose of this section is to establish provisions for the granting of a conditional use permit to erect a residential or institutional project in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures as provided in this title.

The owner or owners of any tract of land within the "R-2," "R-3," "R-4" or "R-5" use districts may submit to the board for approval a plan for the development and use of such a tract of land for a community unit plan for residential use or for any institutional use permitted within the district in which the land is located by making an application for a conditional use permit authorizing completion of the development in accordance with the plan. The plan for the development shall conform to the requirement of the use district within which it is located except as herein amended.

(a)

The tract of land for which a development is proposed and a permit requested shall contain not less than two acres.

(b)

The tract of land for which a development is proposed and a permit requested shall not have less than seventy-five feet of frontage on a street.

(c)

The proposed development shall be served by the city water and sewer system and fire hydrants shall be installed according to a plan approved by the fire chief as to type and location.

(d)

No principal building shall be nearer than its height to the rear or side property line when such line abuts an "R-1" or "R-2" district.

(e)

No building within the development shall be nearer to another building than one-half the sum of the heights of the two buildings.

(f)

Private roadways within the project shall have an improved surface of twenty feet or more in width and shall be so designed and constructed as to permit the city fire trucks to provide protection to each building. Parking on a twenty-foot roadway is to be prohibited, parking on one side of a twenty-three foot to twenty-seven foot roadway is to be permitted and parking is permitted on both sides of roadways thirty feet or more in width.

(g)

No building shall be located less than fifteen feet from back of the curb line along those roadways which are a part of the internal road system.

(h)

Off-street parking for apartment projects shall be one and one-half spaces per dwelling unit.

(2)

BUSINESS DISTRICT. The purpose of this section is to establish provisions for the granting of conditional use permits to erect a multibuilding retail sales and service facility in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures as provided in this title.

The owner or owners of any tract of land within the "B-1," "B-2" or "B-3" districts may submit to the council for approval a plan for the development and use of such a tract of land for a community unit plan for commercial or other uses permitted in the district within which the land is located, by making an application for a conditional use permit authorizing completion of the development in accordance with the plan. The plan for the development shall conform to the requirements of the use district within which it is located except as herein amended.

(a)

The tract of land for which a development is prepared and a permit requested shall not have less than two acres.

(b)

The tract shall have not less than two hundred feet of frontage on a public street.

(c)

The development shall be served by the city sewer and water system and fire hydrants shall be installed according to a plan approved by the fire chief as to the type and location.

(d)

The surface drainage system shall be constructed according to a plan approved by the city engineer.

(e)

The entire site other than that taken up by structures or landscaping shall be surfaced with concrete or asphalt.

(f)

The off-street parking spaces shall be painted on the surfaced area according to a plan which has received approval of the council.

(g)

Provisions shall be designated for off-street loading to service the businesses and such space shall have easy access and not be designated for any other use.

(h)

Private roadways within the project shall have an improved surface of twenty-four feet or more in width and shall be so designed and constructed as to permit the city fire trucks to provide protection to each building. Parking on a twenty-four foot roadway is to be prohibited; parking shall be permitted on one side of a thirty foot roadway.

(3)

INDUSTRIAL DISTRICT. The purpose of this section is to establish provisions for the granting of a conditional use permit to erect a multibuilding industrial facility in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures as provided in this title.

The owner or owners of any tract of land within an "I" district may submit to the council for approval a plan for the development and use of such a tract of land for a community unit plan for commercial or other uses permitted in the district within which the land is located by making an application for a conditional use permit authorizing completion of the development in accordance with the plan. The plan for the development shall conform to the requirements of the district within which it is located except as herein amended.

(a)

The tract of land for which a development is proposed and a permit requested shall not be less than five acres.

(b)

The tract shall be served by the city water and sewer system and fire hydrants shall be installed according to a plan approved by the fire chief as to type and location.

(c)

A surface drainage system shall be constructed according to a plan approved by the city engineer.

(d)

The off-street parking spaces shall be painted on the surfaced area according to a plan which has received approval of the council.

(e)

Private roadways within the project shall have an improved surface of twenty-four feet or more in width and shall be so designed and constructed as to permit the city fire trucks to provide protection to each building. Parking on twenty-four foot roadway is to be prohibited, parking shall be permitted on one side of a thirty-foot roadway.

(Ord. 1410, 1980; Ord. 985, 1971).

The purpose of this section is to provide a method by which parcels of land in the "R" district having unusual building characteristics due to subsoil conditions, elevation of water table, water area, relative location or shape of the parcel may be more efficiently utilized.

The owner or owners of any tract of land in an "R" district may submit to the council for approval, a plan for the use and development of such a tract of land as a planned unit by making an application for a special use permit authorizing completion of the project according to the plan.

The plan for the proposed project shall conform to the requirement of the use district within which the land is located except as hereinafter modified.

(a)

The tract of land for which a project is proposed and a permit requested shall not be less than two acres.

(b)

The applicant shall state precisely what in his opinion are the unusual characteristics of the site for purposes of justifying the granting of a special permit.

(c)

The plan shall be submitted in the form of a preliminary plat and in complete conformance with the subdivision regulations.

(d)

The number of dwelling units proposed for the entire site shall not exceed the total number permitted under density control provision for the use district within which the land is located.

(e)

The lot area in the plan shall not be less than the minimum for the area and the density on any one lot as required within the use district shall not be reduced more than two-thirds by assigning additional dwelling units.

(f)

Each lot as shown on the plan shall have indicated on it the maximum number of dwelling units to be permitted within a single building.

(g)

That land which is to be set aside as unbuildable and on which the plan is justified shall be clearly indicated on the plan. Provisions for recreational area and for continual maintenance of that area not dedicated and accepted by the city shall be required.

(Ord. 985, 1971).

The purpose of this section is to provide community-wide standards for manufactured homes that assures that the manufactured homes will be of similar nature to existing homes.

(1)

The manufactured home shall be placed on a lot that is owned or under the control of the owner of the manufactured home.

(2)

The manufactured home must be newly constructed and previously unoccupied.

(3)

The manufactured home must be taxed as real estate.

(4)

The manufactured home shall contain at least seven hundred square feet of floor area.

(5)

The manufactured home must be at least twenty-four feet wide.

(6)

The exterior of the manufactured home shall be placed on a permanent foundation that meets the requirements set forth in the most current edition of the ICC Residential Building Code adopted by local resolution.

(7)

The exterior wall covering is required to be either:

(a)

Wood or masonry finish, or material that appears to be wood or masonry; and/or

(b)

Vertically or horizontally grooved siding or lap siding, or material that appears to be vertically or horizontally grooved siding or lap siding.

(8)

The manufactured home shall have a pitched roof.

(9)

The roofing material of the manufactured home shall consist of either wood shakes, asphalt, composition, or wood shingles; clay, concrete, slate or metal tiles.

(10)

Use of flat or corrugated sheet metal for the exterior walls or roof covering is prohibited.

(Ord. 1888 (part), 2000: Ord. 1602, 1990).

(Ord. No. 2058, 3-16-2009; Ord. No. 2261-23-414, 6-17-2024)