Lakewood Club City Zoning Code

GENERAL REQUIREMENTS

§ 153.045 NONCONFORMITIES.

(A) Intent.

(1) It is the intent of this section to permit the continuation of any lawful use of a building, structure or land existing as of the effective date of this chapter or any amendments added to this chapter. However, it is declared that nonconformance with the provisions of this chapter is not in the best interests of the village and ought to be discontinued as circumstances permit.

(2) Any nonconforming building, structure or use shall not be enlarged or expanded and may be changed, repaired or reconstructed only as prescribed by this section.

(B) Historic properties. Any nonconforming property in the village which is listed on the State or National Register of Historic Places is specifically excluded from any requirement of this section which would damage the historic character of the property. When any such property is the subject of any administrative decision, the input of the State Historic Preservation Officer shall be requested in writing not less than 30 days before any regulatory action may take effect.

(C) Legality of nonconformities. Nonconformities will be classified as “legal” or “illegal” based on the following guidelines. Regulation of nonconformities will vary based on their legality.

(1) ILLEGAL NONCONFORMITIES are those that have been developed in conflict with zoning regulations.

(2) LEGAL NONCONFORMITIES are those that meet each applicable criterion, listed below. Note that temporary signs are not considered legal nonconforming structures.

(a) The nonconformity existed legally before the effective date of this chapter or any amendments to this chapter.

(b) The nonconformity complied with the district regulations of the previous zoning ordinance or existed legally through a special use permit or variance.

(c) Nonconforming setback or lot size only: The nonconformity resulted from land acquisition by a government agency, such as for a road right-of-way.

(d) Nonconforming buildings or structures only: The building or structure does not extend into a public right-of-way or over a neighboring property line.

(D) Loss of legal nonconforming status. If a nonconforming use of land or structure ceases for any reason or has been abandoned for a period of six consecutive months or more, any reuse of the land or structure must conform to all requirements of this chapter.

(E) Expansion of nonconformity prohibited. No structure may be enlarged or structurally altered in such a way as to increase its nonconformity. A reduction of the degree of nonconformance in one respect is not permitted to offset an increase in the degree of nonconformance in another respect. Thus, square footage may not be “traded” from one portion of a building to another. Nor may one nonconforming use be replaced by another unless the degree of nonconformance is reduced in some way.

(F) Reconstruction and restoration. Any lawful nonconforming use that is damaged may be restored, rebuilt or repaired; provided that such restoration does not exceed 50% of its assessed value, as determined by the assessing officer, exclusive of foundations; provided that said use be the same or more nearly conforming with the provisions of the district in which it is located.

(G) Repair. Nothing in this chapter shall prohibit the repair, improvement or modernizing of a lawful nonconforming building to correct deterioration, obsolescence, depreciation or wear; provided that such repair does not exceed an aggregate cost thereby increasing the assessed value by more than 30% as determined by the assessing officer unless the subject building is changed by such repair to a conforming use. No repair may enlarge or structurally alter the structure in such a way as to increase the nonconformity.

(H) Changing uses.

(1) If no structural alterations are made, the Board of Appeals may authorize a change from one nonconforming use to another nonconforming use; provided the proposed use would be more suitable to the zoning district in which it is located, than the nonconforming use which is being replaced.

(2) Whenever a nonconforming use has been changed to a more nearly conforming use or conforming use such use shall not revert or be changed back to a nonconforming or less conforming use.

(I) Prior construction approval. Nothing in this section shall prohibit the completion of construction and use of a legal nonconforming building for which a building permit has been issued prior to the effective date of this chapter; provided that all terms of the permit are fully complied with.

(J) District changes. Whenever changes occur in the boundaries of zoning districts, the provisions of this section shall apply to any uses or parcels that become nonconforming as a result of the boundary changes.

(K) Nonconforming lots. In any district in which single-family dwellings are permitted, a single-family dwelling and the accessory buildings may be erected on any single legal lot of record at the effective date of adoption or amendment of this chapter. Yard dimensions shall conform to the regulations for the district in which the lot is located.

(L) Regulation of nonconformities.

(1) Table. This table prescribes actions to address various types of nonconformities in several situations. It is presumed that each of these situations will result in an application for a building or zoning permit and that sufficient information will be obtained to determine the legality of the nonconformity before any action will be taken by village officials.

(2) Interpretation. Should any question arise concerning the interpretation of any provision of the regulation of nonconformities table, or if a situation is encountered which was not anticipated by the table, the question shall be submitted to the Zoning Board of Appeals for its interpretation which shall be final.

(M) Regulations of nonconformities table.

Type	If Discontinued for 6 Months	If Damaged More than S.E.V.	If Damaged Less than S.E.V.	Change in Use (Including New Buildings)	Remodeling, Maintenance, Code Work
Illegal nonconforming dimensions or setback of building	N/A	Building must be rebuilt to fully comply with applicable district regulations	May repair, but must reduce degree of nonconformance; requires a variance	New use and new building must adhere to all district regulations	Permitted, but may not create any greater degree of nonconformance
Illegal nonconforming dimensions or setback of structure	N/A	Structure must be removed	Structure must comply with all district regulations (may need to be removed)	Structure must comply with all district regulations. (may need to be removed)	Permitted, but may not create any greater degree of nonconformance
Illegal nonconforming parcel	N/A	N/A	N/A	Not permitted unless use is conforming	Property must be kept in safe condition
Legal nonconforming parcel	N/A	N/A	N/A	Permitted, but requires a variance	Property must be kept in safe condition
Illegal nonconforming use of building or structure	May not be resumed	Use must stop and may not be resumed	Repairs allowed if use is not expanded	Not permitted unless use becomes conforming	Permitted so long as use is not expanded
Illegal nonconforming use of land	May not be resumed	N/A	N/A	Not permitted unless use becomes conforming	Property must be kept in safe condition.
Legal nonconforming dimensions or setback of building or structure	N/A	May rebuild, but must reduce degree of nonconformance	May repair to pre-damage status	Permitted, but requires a variance	Permitted, but may not create any greater degree of nonconformance
Legal nonconforming use of building or structure	May not be resumed	May rebuild if all plans meet All other district regulations	May repair to pre-damage status	Permitted, but must reduce degree of nonconformance	Permitted so long as use is not expanded
Legal nonconforming use of land	May not be resumed	N/A	N/A	Permitted, but must reduce degree of nonconformance	Property must be kept in safe condition

(Ord. passed 10-23-2023)

§ 153.046 USE REGULATIONS.

(A) Building permits required.

(1) Any construction related to any type of zoning administrative approval shall be commenced only after a building permit has been obtained from the Building Inspector. Construction involving minor repairs or alterations and which has a value of less than $500 and does not conflict with this chapter shall not require a building permit.

(2) If the Building Inspector finds that the structure or work being performed is in violation of this chapter, the building permit shall be revoked, and all work immediately stopped. A notice of this action will be posted on the premises and the owner, agent or contractor shall be notified in writing by the Building Inspector that the structure or work being performed is in violation of this chapter. If the said person or persons shall fail or refuse to comply with this order and make the necessary corrections, then all work on the parcel shall stop immediately.

(B) Prior building permits. Any building permit issued prior to the effective date of this chapter shall be valid, even though not conforming to the provisions of this chapter; provided that construction is commenced within 180 days after the date the permit was issued and that the building is completed according to the plans filed with the permit application within one year of the date of issuance.

(C) Occupancy permit. Upon completion of a structure and all required site improvements per approved site plan, and before moving into a building in any district, an occupancy permit is required.

(D) Accessory uses. Nothing in this chapter shall be construed to prohibit the following accessory uses:

(1) Customary refreshment and service uses and buildings which are incidental to the recreational use of any park or recreational area;

(2) Buildings or structures necessary for provision of essential services;

(3) Gardens, garden ornaments and usual landscape features within required yard space;

(4) Fences, walls and screens within required yard space;

(5) Retaining walls;

(6) Public playgrounds;

(7) Off-street parking for licensed automobiles, recreational vehicles and other motor vehicles not including trucks over one-ton rated capacity;

(8) Home occupation;

(9) Use of premises as a voting place;

(10) Storage sheds, playhouses and shelters for transit or school bus passengers;

(11) Radio or television antennas;

(12) Swimming pools; and

(13) Front yard handicap access facilities in residential districts when proof of need is shown.

(E) Required water supply and sanitary sewage facilities. No structure shall be erected, altered or moved upon any parcel for regular occupation or use by humans or animals unless it is provided with a safe, sanitary and potable indoor water supply and with a safe and effective means of collection, treatment and indoor disposal of human, domestic, commercial and industrial waste. All such installations and facilities shall conform with all requirements of the village and applicable state agencies. No outside toilet or privy shall be constructed on any premises. Portable toilets shall be permitted during construction of a structure or for special events on a temporary basis only.

(F) Exterior lighting. All lighting for parking areas or for the external illumination of buildings or for the illumination of signs shall be directed away from and shall be shielded from adjacent districts and shall also be arranged so as to not adversely affect driver visibility on adjacent thoroughfares.

(G) Corner clearance. No fence, wall, shrubbery, sign or other obstruction to vision above the height of three feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of 30 feet from their point of intersection.

(H) Fences. This includes walls and non-botanical screens.

(1) Fences on all lots of record, in residential districts which enclose property, are permitted in any yard, subject to the following conditions. These restrictions apply only to fences located in areas of the village zoned residential.

(2) No fence may be constructed until:

(a) A permit application and appropriate permit fee is submitted to the Village Office; and

(b) A site plan is submitted to the Village Office and approved.

(3) The site plan shall include:

(a) Setback lines from main structures;

(b) Lot dimensions in relation to building structure;

(d) Closest point from house to road with measured footage.

(4) All fences shall be maintained in good condition as determined by the Village Ordinance Enforcer.

(5) Fences shall not exceed four feet in height with 50% visibility, or three feet in height if less than 50% visibility, if erected in the front yard where the property abuts a lake, stream or street, or where the front is the yard on the lake, stream or street side. All other fences shall not exceed six feet in height.

(6) Fences shall not extend into the street right-of-way at the front property line. Exceptions: for the consideration of fence construction only, the front property line is deferred as the front line of record (address) and where the front yard abuts a lake or stream.

(7) Fences shall not obstruct vision at intersections.

(8) Fences on platted lots of record shall not contain barbed wire, electric current, charge of electricity, broken glass, bottle caps or chain link type fences with sharp wire edges upwardly exposed. Exception: Fences enclosing domesticated animals may use barbed wire, electric current or other materials necessary.

(9) No plantings, fences, walls, hedges, berms or screens shall be established or maintained on any lot which will obstruct the view of any vehicle driver approaching the intersection of public roads, private streets or any combination thereof. The Building Inspector may require a distance of more than ten feet of unobstructed vision, if necessary, to provide for a clear vision area.

(10) All fence heights shall be measured at the vertical distance from the average elevation of the finished grade within 20 feet of the fence to the highest point of the fence.

(11) Fences which enclose public or institutional parks, playgrounds or public landscaped areas shall not exceed nine feet in height.

(12) Fences that are erected on the property line shall have the good side facing the street. Fences that are erected off the property line by two feet or more may have the good side facing the property owner.

(13) The enforcement of this chapter and penalty for violations shall be pursuant to § 153.153. Each day on which any such violation shall continue shall constitute a separate offense.

(I) Storage of equipment and materials. In all commercial and industrial districts, the open storage of any equipment, vehicles and all materials, shall be screened from public view, from a street and from adjoining properties by an enclosure consisting of a wall equal in height to the equipment, vehicles and all materials to be stored. In no instance shall said wall be less in height than four feet, six inches measured from the surface of the adjacent building flooring, or greater than eight feet.

(J) Parking of licensed recreational equipment. Parking of licensed recreational equipment outside of an enclosed structure, including travel trailers, campers, snowmobiles, boats and similar items in any Residential Zoning District must conform to required setbacks for accessory structures and to overall limitations for lot coverage. All recreational equipment parked in the front yard must be parked on a driveway. Licensed and unlicensed recreational equipment may not be used for dwelling purposes except within a licensed campground.

(K) Heavy trucks. Overnight parking of commercial vehicles in excess of one ton rated capacity, including all semi-truck tractors with trailers or semi-truck trailers separate from tractors, is prohibited within any Residential Zoning District. Parking of semi-truck tractors without trailers is allowed. This regulation does not apply to emergency vehicles or equipment.

(L) Glare and radioactive materials. Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful rays shall be performed in such a manner as not to extend beyond the property line, and as not to create a public nuisance or hazard along lot lines. Radioactive materials and wastes, and including electromagnetic radiation such as X-ray machine operation, shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, when measured at the property line.

(M) Fire and explosive hazards. The storage, utilization of or manufacture of materials, goods or products ranging from free or active burning to intense burning, as determined by the Fire Chief, is permitted subject to compliance with all other yard requirements and performance standards previously mentioned, and providing that the following conditions are met.

(1) Said materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls, which meet the requirements of the Building Code of the municipality.

(2) All such buildings or structures shall be set back at least 40 feet from lot lines and all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Association.

(3) The storage and handling of flammable liquids, liquefied petroleum, gases and explosives shall comply with the state rules and regulations as established by Public Act 207 of 1941 as amended.

(N) Garage/yard sales. Garage/yard sales may take place on any parcel for purposes of selling personal household goods and effects not including machinery or vehicles of any kind. A garage/yard sale requires a permit from the Clerk of the village. A fee for such permit will be charged at a rate established by the Village Council. Sales may take place between the hours of 8:00 a.m. and 5:00 p.m. Each sale may last no more than two days. No more than two sales may take place on any one parcel in any 12-month period. All advertisement for such sale(s) must be removed immediately following the close of the sale.

(Ord. passed 4-25-2005; Ord. passed 5-8-2005; Ord. passed 7-27-2015; Ord. passed 10-23-2023)

§ 153.047 DWELLING REGULATIONS.

(A) Must comply with code requirements. Every dwelling must comply with all pertinent housing, fire and construction codes. This includes meeting or exceeding all applicable roof snow loads and strength requirements. If the dwelling is a mobile home, all construction, insulation, plumbing or electrical apparatus shall conform to the “Mobile Home Construction and Safety Standards” of the U.S. Department of Housing and Urban Development. Pursuant to the provisions of Public Act 3 of 1895, as amended, the village adopts by reference the State Building Code, being M.C.L.A. §§ 125.1501 et seq., except where otherwise provided in this chapter.

(B) Manufactured/mobile home installation. In the event that a dwelling is a mobile home, it must be installed pursuant to the manufacturer’s setup instructions with the wheels removed. It also must be secured to the ground by an anchoring system or device complying with the current State Building Code and the rules and regulations of the State Mobile Home Commission. Each manufactured/mobile home must have a perimeter wall of block or brick which has the same dimensions as the dwelling. No manufactured/mobile home shall have any towing mechanism, under carriage or chassis exposed.

(C) Use of manufactured/mobile home for temporary dwelling. A temporary zoning permit may be issued for placement and occupancy of a manufactured/mobile home which meets the U.S. Department of Housing and Urban Development’s “Mobile Home Construction and Safety Standards” and the manufacturer’s specifications for its installation, subject to the conditions in division (D) below.

(D) Situations in which temporary dwellings are allowed. Use of a manufactured/mobile home for a temporary dwelling may be authorized under the following circumstances, within the limitations listed.

(1) Single-family home under construction by owner. One manufactured/mobile home, housing only the owner(s) of a parcel and their immediate family members, may be placed on any parcel in any zoning district which conforms to all dimensional requirements of this chapter during the construction of a single-family home to be occupied by the parcel owner(s). Said temporary permit shall be valid for up to six months, and may be renewed not more than once for the same period by the Zoning Administrator.

(2) Repair of damaged conforming single-family dwelling. One manufactured/mobile home may be placed temporarily, as noted, on any parcel in the R-1 or R-2 Zoning Districts which conforms to all dimensional requirements of this chapter. Said manufactured/mobile home may house only the owner(s) of the parcel and immediate family members during the repair of a single-family home which conformed to all dimensional requirements of this chapter and which they had occupied up to the date on which it was damaged to the degree that it cannot be occupied. Said temporary permit shall be valid for up to three months and may be issued by the Zoning Administrator under emergency conditions. The permit may be renewed not more than once for the same period by the Zoning Administrator.

(3) Additional requirements. Both of the following requirements must be met before any temporary zoning permit may be issued for placement and temporary occupancy of a manufactured/mobile home.

(a) Building permit. A building permit must have been issued to the parcel owner(s) for construction or repair of a single-family home on the parcel.

(b) Comply with district regulations. Placement of the manufactured/mobile home must comply with all setback and lot coverage requirements for the applicable zoning district.

(E) Structures to be of uniform quality. Any additions, rooms or other areas of a dwelling must be constructed using workmanship and materials similar in quality to the original structure. Such additions, rooms or other areas must be permanently attached to the principal structure and must be supported by a foundation as required herein.

(F) Aesthetically compatible. Dwelling must be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides and contain steps connected to said exterior door areas where a difference of elevation requires the same.

(G) Maintenance. A dwelling must be properly maintained and protected against deterioration and damage from the elements or the passage of time by prompt and appropriate repairs, surfacing, coating and any other necessary protective measures.

(H) One single-family dwelling per parcel. Unless the structure is part of an approved planned unit development, only one single-family detached dwelling will be allowed to be erected on a parcel.

(I) Foundation. All single-family dwellings, except mobile homes located in mobile home parks, must be firmly attached to a permanent foundation meeting the State Building Code requirements for such dwellings, the walls of which have the same perimeter dimensions as the dwelling.

(J) Dimensions. All single-family dwellings must have a minimum width across any front, side and rear elevation of 24 feet and comply in all respects with the State Code, excluding minimum heights for habitable rooms, regulated by Manufactured Home Construction and Safety Standards, as amended for ceiling height of habitable rooms.

(K) Roof. All one- or two-family dwellings, other than mobile homes located inside mobile home parks, must have a pitched roof, the principal portion of which has a slope of no less than one vertical unit to four horizontal units. The eaves of this roof must project no less than six inches beyond the walls.

(L) Exterior doors. Every single-family dwelling must have exterior doors on not less than two sides with steps and porches connected to said doors where required due to a difference in elevation.

(M) Garages in residential zoning districts. The total square footage of garages may not exceed 850 square feet. Garages for any dwelling units may provide storage for no more than the number of vehicles noted below.

(1) Single-family dwellings. Three vehicles, including not more than one commercial vehicle with a load capacity of no more than one ton.

(2) All other dwellings. Two vehicles, including not more than one commercial vehicle with a load capacity of no more than one ton.

(N) Accessory building not for dwelling use. No portion of an accessory building in an R-1, R-2, R-3 and R-4 Zoning District is to be used as a dwelling.

(O) Accessory building size.

(1) Parcels totaling or greater than 30,000 square feet shall be permitted accessory buildings totaling 1,600 square feet and 20 feet in height. Parcels less than 30,000 square feet shall be permitted accessory buildings totaling 1,280 square feet and 20 feet in height.

(2) No accessory structure may be located in the front yard. The front of the accessory building may be at the front building line of the principal building. All accessory buildings must be located at least ten feet from all other buildings. The side yard setback shall be six feet and the backyard setback shall be six feet.

(P) Attached garage yard requirements. Attached garages shall be considered part of the principal building for the purpose of computing required yards.

(Q) State licensed residential facility. No state licensed residential facility for six people or less shall be located within 1,000 feet of another state licensed residential facility.

(R) Ponds. Ponds of less than one acre in area may be constructed as a landscaping enhancement to residential uses in the R-1, R-2, R-3 and R-4 districts after plan review and issuance of a building permit by the village. Soils excavated for creation of these ponds may not be taken off the parcel site. The pond may only be located in a rear yard, have a surface area of 15% or less of the parcel and must meet all setback requirements of principal structures in the district in which it is located.

(S) Home occupation. A HOME OCCUPATION is any business carried on by one or more members of a family residing on the premises; providing it:

(1) Is operated in its entirety within the principal dwelling or accessory structure;

(2) Does not have a separate entrance from outside the building;

(3) Does not involve alteration or construction not customarily found in dwellings or accessory structures;

(4) Does not use any mechanical equipment except that which is used normally for purely domestic or household purposes;

(5) Does not use more than 25% of the total actual floor area of the dwelling, or 50% of the total actual floor area of the accessory structure, with a maximum total area for the home occupation of 500 square feet;

(6) Does not display, or create outside the structure any external evidence of the operation of the home occupation, including additional traffic, except for one unanimated, nonilluminated, wall sign having an area of not more than two square feet;

(7) Does not employ any persons other than family members residing on the premises; and/or

(8) Is not conducted such that it requires parking in excess of that required for the residential structure in which it is located.

(T) Moving structures. Structures intended to be moved into the village must first have an approved site plan and necessary permits. All aspects of this chapter and the Building Code must be complied with prior to the structure being moved into the village.

(U) Razing buildings/burying debris.

(1) Intent. The intent of this division (U) is to:

(a) Prevent the burying of any building materials or debris associated with the building construction of any portion of residence, fence, garage, outbuildings, in-ground swimming pool or commercial endeavor;

(b) Prevent the burying of any demolition materials or debris associated with the demolition, razing or deconstruction of any residence, fence, garage outbuilding, in-ground swimming pool or commercial endeavor; and

(c) This division (U) is not intended to prohibit the construction of a basement below ground surface level, or any in-ground swimming pool.

(2) Definitions. For the purpose of this division (U), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUILDING. Any structure or portion of a structure whether constructed for commercial, residential, storage or entertainment purposes.

BUILDING MATERIAL. Any material in any form used for, or part of, the construction or razing of any building, foundation, fence or in-ground swimming pool.

BURYING. Placing any building material debris or demolition material debris, regardless of intent, under or partially under the surface of the soil or under a building or foundation regardless of intent. BURYING does not apply to the construction of a basement below ground surface level or any in-ground pool.

RAZING. The demolition or deconstruction of any building, part of building, foundation, in-ground swimming pool or fence.

(3) Burying building material/debris.

(a) It shall be unlawful to bury any building material or debris associated with the building of a structure.

(b) It shall be unlawful to bury any building materials or debris associated with razing, demolition or deconstruction of a structure or part of a structure.

(4) Enforcement and sanctions. The illegal burying of debris as set forth in this division (U) shall constitute a civil infraction.

(V) Demolition/razing.

(1) Intent. The intent of this division (V) is to provide for a permit for the demolition of any demolition/deconstruction or razing of any building, part of building, foundation or in-ground swimming pool.

(2) Definitions. Refer to division (U)(2) above.

(3) Regulation.

(a) Permit. Any demolition of any building or portion of building shall require the property owner to obtain a demolition permit before demolition begins.

(b) Fee. The permit application fee as set from time to time by governing body.

(4) Penalties. Failure to obtain a permit for demolition shall result in a stop order on the demolition and an established fine for each day the homeowner is without a permit.

(W) Tents, travel trailers and motor coaches.

(1) Purpose. The village enacts this division (W) to secure the public peace, health, safety and welfare of the residents and property owners of the village. The purpose of this division (W) is designed to regulate and limit the use and occupancy of tents, travel trailers and motor coaches as places of dwelling or residency within the village limits to protect the property values of the village, the aesthetic value of the village and the overall health and welfare of the village residents.

(2) Definitions. For the purpose of this division (W), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADJOINING. In actual contact; touching, bordering.

DOMICILE. A place of residence; a permanent dwelling place.

DWELLING. A building or place used as the residence or sleeping place for one or more persons for a period exceeding seven days in a month.

INHABITED. Having inhabitants, such as a permanent resident in a place, as distinguished from a transient lodger or visitor.

MOTOR COACHES. Any structure with a single or double axle that can be moved or driven from one site to another.

TENT. Any fabric, tarp or temporary structure that is used for sleeping purposes or as a shelter utilized as a temporary form of housing.

TRAILER. A structure, standing on wheels, towed or hauled by another vehicle and used for short term occupation, carrying materials, goods or objects or for use as a temporary office.

(3) Regulations. The village restricts occupying tents, trailers or motor coaches within the village limits as follows.

(a) 1. Occupying tents, trailers or motor coaches is only allowed for 14 days within a 12-month period on residential property that has a domicile equipped with running water, toilet, bathing facilities and trash removal service.

2. Occupying tents, trailers or motor coaches may be permitted on vacant residential property; provided:

a. The vacant property is adjoining to residential property having a domicile equipped with running water, toilet, bathing facilities and trash removal service; and

b. The owner of the vacant property is the same owner as the adjoining domiciled property.

(b) Tent, trailer or motor coaches may be allowed on residential private property as stated in division (W)(3)(a) above.

(c) No person shall park or cause to be parked, any trailer, tent or motor coach overnight on any street, alley, highway or other public right-of-way or public area of the village.

(Ord. passed 8-22-2005; Ord. 43, passed 10-25-2010; Ord. passed 7-27-2015; Ord. passed 10-23-2023) Penalty, see § 153.999

§ 153.048 PARCEL REGULATIONS.

(A) Minimum lot frontage. The front lot lines of all parcels shall abut a public street and shall have a contiguous permanent frontage at the front lot line equal to the required parcel width. Flag lots are not permitted. In the case of a cul-de-sac, parcel width is measured at the front yard setback line.

(B) Access to a street. All parcels created after the effective date of this chapter shall have access to a public street. Also, any parcel in a commercial zoning district, or with access points to a street with curb and gutter, shall have a hard-surfaced approach to a public street.

(C) Space used once. Any yard or other open space provided around any building or structure for the purpose of complying with the provisions of this chapter shall not again be used as a yard or other required open space for another building or structure except where one is to be demolished upon completion of the other.

(D) Additional front setback. Where the current right-of-way width of an arterial or collector street is less than its future right-of-way width as determined by the village, an additional front yard setback from said street is required. The front yard setback for properties fronting on such a street shall be measured from a line which lies a distance of one-half of the future right-of-way width from the center line of the current right-of-way. This line shall be used for computing the front yard setback only. The current parcel dimensions shall be used for all other purposes under this chapter.

(Ord. passed 10-23-2023) Penalty, see § 153.999

§ 153.049 STRUCTURE REQUIREMENTS.

(A) Permitted yard encroachments. The following items shall be considered to be accessory structures, even though they may be attached to a principal building, and may project into required side or rear yards for the principal building. Setbacks for accessory structures, as defined in the dimension tables in §§ 153.020 through 153.032 must be adhered to, as well as any requirements listed herein:

(1) (a) Open porches, open decks, paved terraces and patios, provided the following restrictions apply. Enclosed porches are considered to be part of the principal building, subject to all yard, setback and area requirements.

1. The highest finished elevation of the paved area or porch is not over three feet above the average surrounding finished grade.

2. If roofed, a porch is unenclosed, and the roof is no higher than one story. A roofed area may not exceed 10% of the required side or rear yard and must meet required side and/or rear yard setbacks.

3. If unroofed, paved areas or porches may have non-continuous windbreaks or walls

not over six feet high and not enclosing more than one-half the perimeter of the paved area or porch.

4. If unroofed, decks may project a maximum of eight feet into the front yard or side yard setback area, and may project a maximum of 12 feet into a rear setback area.

(2) Structural elements such as cornices, sills, chimneys, gutters and similar features projecting a maximum of two and one-half feet;

(3) Fire escapes, outside stairways and balconies, if of open construction, projecting a maximum of five feet into the yard; and

(4) Signs, subject to provisions of §§ 153.065 through 153.072.

(B) Permitted height exceptions. The following exceptions shall be permitted to height limitations in the dimension tables of §§ 153.020 through 153.032, subject to an approved site plan. These permitted exceptions shall not be for human occupancy or dwelling.

(1) Appurtenances to mechanical or structural functions, such as elevator and stairwell penthouses, ventilators, heating or air conditioning equipment, water storage tanks and safety equipment shall be permitted to a maximum height of 55 feet in any commercial zoning district and 60 feet in any industrial zoning district.

(2) Special structures, such as chimneys or smoke stacks, or microwave relay towers shall be permitted to a maximum height of 175 feet in the Commercial Zoning District or in any industrial zoning district.

(3) Residential television antennas or flagpoles shall be permitted to a maximum height of 45 feet in any residential zoning district. However, in no case shall the height of such antenna or flagpole exceed the height of the roof peak by more than 15 feet.

(4) Flagpoles in any B or I zoning district are permitted to a maximum height of 60 feet.

(C) Trailers or other temporary structures. Trailers or other temporary structures may not be used for commercial uses, except as allowed by special use permit in conjunction with temporary outdoor uses.

(D) Roof and surface drainage. If a building is equipped with gutters or other means for collection of roof water, the downspouts and/or roof water conductor pipes shall be discharged on unpaved ground or paved surface at a distance of at least three feet from the building wall. Furthermore, the grade line at the building wall shall be sloped away from the wall at the rate of at least one inch per foot (for a minimum of five feet. Where settlement of the ground has occurred at the building wall, then the property owner is required to add fill to correct the condition to conform with this requirement.

(Ord. passed 9-26-2016; Ord. passed 10-23-2023)

§ 153.050 OFF-STREET PARKING REGULATIONS.

(A) Intent. This section is intended to balance the need for efficient performance of streets with the need for efficient use of land. It also seeks to prevent adverse environmental impacts of large paved areas.

(B) (1) Parking requirements where hard-surfaced parking is required. This table is used to determine the number of parking spaces required for fixed levels of various activities. Note: Every land use that has employees working on the site, must have one parking space for each employee in addition to the parking required for a use of its type. zoning districts in which these requirements apply are listed for reference only. Identification of a zoning category using only its letter designation means that all similar districts are included, such as “R” for all residential districts. The following requirements are in addition to employee parking.

Land Use	Spaces Per Activity
Animal boarding	1 per 8 animals boarded
Barber/beauty	2 per chair
Bed and breakfast	1 per bedroom
Bowling alley	4 per lane
Church, theater, stadium	1 per 6 seats or 6 feet of auditorium bench or pew length
College/technical school	1 per 8 students
Doctor/dentist/veterinarian	1 per exam or treatment room
Drive-in restaurant	1 per 50 square foot gross floor area
Funeral homes	1 per 100 square feet of public area
Gas station, truck stop	2 per gas pump (12- by 70-foot truck)
Hall, community center, skating, bingo	1 per 5 persons, or Fire Code capacity
High school	1 per 20 students
Hospital, doctors	1 per staff member
Hospital, visitors	1 per 5 beds
Hotel/motel	1 per guest room
Industry/wholesale	1 per 1,500 square foot gross floor area
Laundromats	1 per 5 washing machines
Library, museum, gallery	1 per 1,000 square foot gross floor area
Mobile home park, multi-family	2 per dwelling unit
Nursing homes	1 per 6 beds
Post office	1 per 30 boxes
Private club	1 per 2-member families
Restaurant/bar	1 per 4 seats
Retail/office/bank	1 per 300 square foot of public area
Service business not listed	1 per 100 square foot of public area
Vehicle sales	1 per 1,000 square foot of sales area
Vehicle service/wash	1 per stall, rack, pit, washer

(2) Parking requirements where gravel surface parking is allowed. The following requirements are in addition to employee parking.

Land Use	Spaces Per Activity
Campground/RV park	1 per campsite
Cemetery	None
Driving range	1 per tee
Miniature golf	2 per hole
Park, golf course, outdoor uses	1 per 5 acres
Picnic area	1 per picnic table
Team sports	10 per court or field
Tennis	1 per court

(C) Calculations. To calculate the total number of spaces required for any parcel, add the requirements for each existing or proposed activity. Read down the “land use” column, identifying all uses which apply to the parcel. For each use identified, determine the number of activity units involved and calculate the required number of parking spaces to serve that many units. Finally, add the requirements for all uses to find the total number of spaces.

(1) Uses not listed. Requirements for any use not listed shall be the same as for the most similar use which is listed. This is determined by the Zoning Administrator, with any disagreements submitted to the Zoning Board of Appeals.

(2) Additions. Added parking spaces must be provided in proportion to any changes in floor area or use on a parcel.

(3) Availability of spaces. Parking spaces may count toward the requirement for a parcel if they are located on it or on an adjoining parcel where the farthest space is not over 500 feet from the nearest public entrance to the principal building, with a continuous paved walkway between the parcel and entrance.

(D) Reductions in parking requirements. Parking requirements may be reduced in the following situations.

(1) Mixed uses. In the case of mixed uses, where each occupies at least 20% of the floor area of a building and the operating schedules of any two such uses vary by a total of three hours in a typical day, the parking requirement for the building, as determined using the tables in division (B) above, may be reduced by 10%.

(2) Joint provision of off-street parking. Where two or more abutting parcels in any B or I zoning district provide paved driveways and sidewalks between parking areas, allowing travel between parcels without use of a public street, the number of parking spaces required for each parcel may be reduced by 10%, in addition to reductions allowed by other provisions of this section.

(3) Reductions for further public benefits. In any B or I zoning district, the parking requirement for a parcel which fronts on a county primary or state highway, other than an expressway, may be reduced by 10% if any three of the following conditions are met. This is in addition to other reductions allowed by this section:

(a) No driveways open onto the major road;

(b) There are no freestanding signs in the front yard setback area;

(d) At least 25% of the parcel is devoted to natural woodlands, wetlands or landscape plantings;

(e) Sidewalks, including barrier free curb cuts, are provided along the full length of all road frontages on the parcel, with at least one walkway connection between any such frontage and the building’s main entrance; and

(f) A service drive is provided along the entire major road frontage and connecting to parking areas on adjoining properties. Entrances to this drive from any public street may not be located within 200 feet of any intersection, unless said entrance is configured as a fourth leg of a “T” intersection.

(E) Front yard parking. No part of any front yard shall be used for any accessory building, garage or other structure, nor shall any motor vehicle be parked in any front yard except upon a regularly constructed driveway. In addition, on a corner lot, no motor vehicle shall be parked in the side yard abutting a public street except upon a regularly constructed driveway. In the case of driveways formed by a portion of a circle with two access points on the street, the portion of the driveway closest to the structure must be outside of the required front yard. Parking in the front yard is allowed for a period of 24 hours or less to accommodate necessary parking for a special event taking place on that parcel.

(F) Residential location. Required residential off-street parking spaces shall consist of a parking bay, driveways or combination thereof, and shall be located on the premises they are intended to serve. Parking shall be constructed to minimize the amount of pavement necessary.

(G) Alley access. If permanent access is provided to the rear of the property by a public alley or a driveway, the side yard requirement may be waived except as otherwise specified in applicable building codes; provided that if walls of structures facing interior side lot lines contain windows, or other openings, side yards of not less than 20 feet shall be provided.

(H) Parking development and construction requirements.

(1) Permit. A site plan for all parking improvements is required, prior to the issuance of a building permit. A building permit is required for construction of any new, or expansion of any existing parking lot.

(2) Size of spaces.

(a) Standard. Parking spaces must be ten feet wide by 20 feet long.

(b) Handicapped. Designated handicapped spaces must meet ADA Rules and state and federal regulations.

(c) Other. Spaces for special vehicles, such as vehicles with boat trailers, must conform to dimensions as noted in the tables in division (B) above.

(3) Handicapped spaces. Off-street parking facilities required for buildings shall be provided in accordance with the following table and identified by signs as being reserved for handicapped persons. Signs shall be located approximately six feet above grade. Where a curb exists between a parking lot surface and a sidewalk surface, an inclined approach or a curb cut with a gradient not more than one foot in 12 feet and a width of not less than four feet shall be provided for wheelchair access. Parking spaces for the physically handicapped shall be located as close as possible to walkways and entrances. Signs shall be provided when necessary, indicating the direction of travel to an accessible entrance.

Total Spaces in Parking Lot	Required Number of Handicap Accessible Spaces
Up to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
500 to 1,000	2% of total
Over 1,000	20, plus 1 for each 100 over 1,000

(4) Surface.

(a) Gravel. Whereas the tables in division (B) above allow parking areas to be gravel surfaced, this surface must be of a material that provides a durable, smooth and dustless parking lot which is graded to properly drain and dispose of storm water.

(b) Paved (hard surfaced). Where the tables in division (B) above require parking areas to be paved, this pavement must consist of at least six inches of reinforced concrete or two inches of bituminous surface laid over six inches of compacted crushed stone, or per current building and fire code specifications. Hard surface must be in place within one year of occupancy.

(c) Mix of surface types. If some gravel surfaced spaces are to be built, they must be constructed as a separate parking lot, located farther from the principal building than any paved spaces. Access to the gravel lot may be only from the paved lot, not from any public street. If all spaces are paved, the total number of spaces may be reduced by up to 10%.

(d) No parking on front lawn. No portion of a residential front lawn area may be used for parking.

(5) Parking area design, driveways and aisles. In any required parking area larger than two spaces, no space may be situated so that vehicles enter it directly from a public street. Driveways and aisles must be clearly identified and meet the following requirements.

(a) Driveway. Each driveway opening to a public street must be approved by the agency having jurisdiction over the street. If the public street is paved, the driveway must be paved for at least the length required for “stacking area”, as defined in division (H)(5)(b) below. Lanes for entering and exiting traffic shall be clearly marked on the pavement. Each driveway shall intersect a public street at a 90-degree angle.

(b) Stacking area. Each driveway shall include on-site stacking area, which does not function as an access aisle for parking spaces, equivalent to at least 5% of the spaces in the parking area.

(d) Clear vision area. All driveways shall have a clear vision area, unobstructed by accessory structures or plantings, within 30 feet of any public street right-of-way, for a sight distance of 100 feet along the near edge of the pavement in either direction.

(e) Striping. Except for parallel parking, all parking spaces shall be clearly striped and maintained on paved parking.

(f) Landscaping. Off-street parking shall be permitted to occupy required front, side and rear yards after approval of the parking plan layout; provided that there shall be maintained a minimum landscaped setback of ten feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest right-of-way line.

(6) Driveway spacing. Each parcel shall have no more than one driveway entrance and exit opening to any public street for each 300 feet of frontage, or fraction. Where more than one driveway is allowed, they shall be located at least 150 feet apart. No driveway shall be located within 50 feet of a street intersection.

(7) Lighting. Off-street parking areas provided for any multiple-family housing, business, industrial or institutional use must be provided with sufficient lighting to allow safety for users at any time. Lighting fixtures shall comply with height and setback standards for accessory structures for the applicable zoning district. No direct rays from said fixtures shall be directed at adjacent properties or public streets.

(8) Setbacks. Parking areas must be set back at least 20 feet from any public street and conform to side or rear yard setbacks for accessory structures. Parking spaces shall be no closer than five feet to any principal building. Bumper guards or curbs shall be installed to prevent yard encroachment.

(9) Screening for residential. Any parking area larger than ten spaces must have a visual screen not less than five feet high running the full length of any side which adjoins a parcel in the R-3 or R-4 Zoning Districts.

(I) Roadside stand or temporary outdoor use. Parking areas for such uses shall be so arranged that vehicles are not required to encroach upon the right-of-way with any portion of the vehicle when parked, or to back onto the right-of-way in reverse gear.

(Ord. passed 10-23-2023) Penalty, see § 153.999

§ 153.051 OFF-STREET LOADING REGULATIONS.

(A) Intent. This section is intended to provide adequate access for commercial vehicles to businesses that generate truck traffic and to minimize traffic interference caused by trucks parked for loading or unloading.

(B) Dimensions of loading space. Each loading space must be at least ten feet wide and 30 feet long. If roofed, it must have at least 15 feet of vertical clearance. Where it is expected that semi-trucks will make daily deliveries, the loading space must be at least 60 feet long.

(C) Hard surface. Loading spaces must be paved with a surface providing the equivalent load strength of five inches of concrete. Hard surface must be in place prior to occupancy.

(D) Location and setbacks. A loading space must be located within a side or rear yard, or adjacent to the building it serves and arranged so that trucks entering or using the space do not block any portion of a public street or alley. Loading spaces must conform to setbacks for accessory structures for the applicable zoning district.

(E) Solid waste collection facilities. Loading areas for “dumpsters” present a different set of conditions than standard off-street loading spaces. These rules are intended to prevent unhealthy or unsightly solid waste handling facilities. They apply to any solid waste container so large that a mechanical device is required to empty it.

(1) Screening and enclosure. Each container must be obscured from view from any adjoining parcel by a visual screen which is at least as high as the container. Containers are to be protected by a fenced enclosure with a lockable gate, unless each container has a lid which is kept locked when waste is not being deposited or removed.

(2) Paving (hard surface). Each container site and an approach area for trucks shall be paved with reinforced concrete not less than five inches thick.

(3) Siting. Containers shall be located inside rear yards and meet all setback requirements for accessory structures. Trucks collecting waste shall not conflict with the orderly flow of traffic onto or through the parcel or any parking areas thereon, nor block any portion of a public street or alley.

(Ord. passed 10-23-2023) Penalty, see § 153.999