Lockport City Zoning Code

GENERAL PROVISIONS

§ 156.020 INTRODUCTION.

(A) Scope.

(1) No building or structure shall be constructed, converted, enlarged, moved, remodeled, reconstructed or structurally altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which it is located.

(2) No structure, or part thereof, shall be built, moved or remodeled, and no structure or land shall be used, occupied or designed for use or occupancy so as to exceed the maximum lot coverage percentage, the maximum structure height or the maximum floor area ratio specified for the zoning district in which the structure is located; or provide any setback or front, side, transitional or rear yard that is less than that specified for the zoning district in which the structure or use of land is located or maintained.

(3) Further, no application for a building permit or other permit, license or certificate shall be approved by the Zoning Administrator or their designee, unless in keeping with the provisions of this zoning ordinance.

(B) Concurrence with plans and other regulations. Development plans prepared in keeping with this chapter shall also conform to other plans and regulations of the city code, including but not limited to:

(1) Comprehensive plan. The city's comprehensive plan (per Chapter 150) shall provide guidance in the approval of development under this chapter.

(2) Historic preservation. The city's historic preservation standards (per Chapter 150) shall be also applied to relevant properties.

(3) Development code. In all cases where land is divided for the purpose of development, or where a planned development is proposed, the provisions of Chapter 153, Development Code, as applicable, shall apply, in addition to the provisions in this chapter.

(4) Special area plans. Special area plans as adopted by the city to address issues related to key areas of the city.

(Ord. 21-016, passed 8-18-21)

§ 156.021 REGULATIONS FOR USE AND CONFIGURATION OF LOTS

(A) Nonconforming uses and structures. Any use, structure or property that is or becomes nonconforming in regard to the requirements of this chapter, may only continue, be altered or have its use changed as allowed by §§ 156.060 et seq., Nonconforming Uses and Structures.

(B) Existing structures. No existing structure shall be rebuilt, remodeled or otherwise altered or modified so as to conflict or further conflict with the lot area per dwelling unit or lot size requirements for the zoning district in which it is located.

(C) Uses permitted in all districts. The following uses of land essential to public utility and municipal functions are permitted in all districts: poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar equipment (not including substations located on or above the surface of the ground) for the distribution to consumers of telephone or other communications, electricity, gas or water, or for the collection of sewage or surface water.

(D) Lot size requirements. Unless as otherwise authorized in this chapter, lot size requirements of the zoning district in which the property is located shall apply.

(E) Number of structures and uses on zoning lot.

(1) Not more than one principal residential building shall be located on a single zoning lot, nor shall a principal residential building be located on the same zoning lot with any other principal building, unless the principal residential building is located in a planned development that has been approved pursuant to the provisions of this chapter.

(2) In business and industrial districts, any number of structures (except residential buildings) and uses may be constructed or established on a single zoning lot, but no single zoning lot shall be smaller than the minimum lot area prescribed for the district in which the structure is located.

(F) Access to public street. Every principal building constructed shall be on a zoning lot or parcel of land that adjoins a public street. A principal building may be constructed on a zoning lot or parcel of land that adjoins a permanent easement of access to a public street, if the permanent easement of access was duly established and recorded prior to January 1, 2009.

(G) Yard requirements for open land. In instances of a zoning lot that is occupied by a permitted use without structures, the minimum front, side or rear yards of the district in which the property is located shall be provided and maintained.

(H) Sewer and water facilities. All dwellings and any other accessory structures requiring water or sanitary service shall be served by, and connected to a public sanitary sewage disposal system and water distribution system. Existing dwellings or accessory structures not connected to a public sewer or water system may enlarge or repair the corresponding private septic system or well with approval from the Director of Public Works and Engineering.

(I) Restrictions on allocation and disposition of required yards or open space.

(1) No part of the area, yard, open space, off-street parking or off-street loading of a lot may be used for any reason to meet the minimum requirements on another lot, except as specifically permitted by this chapter.

(2) All of the lot area and all yards and other open spaces provided in connection with any structure or use, in order to comply with this chapter, shall be located on the same lot as the structure or use, except as specifically permitted by this chapter.

(3) No part of the area, yard, open space, off-street parking or off-street loading of a lot that does not meet the standards for such elements at the time of adoption of this chapter, shall be subsequently reduced below, or further reduced if already less than, the minimum requirements of this chapter for equivalent new construction.

(4) Open spaces required under these regulations for one building or use shall not again be used as open spaces required for another building or use.

(J) Lot size requirements and bulk regulations for public utility facilities.

(1) Notwithstanding any other provisions of this chapter, none of the following public utility or public service uses shall be required to comply with the lot size requirements and bulk regulations of the zoning district in which they are located, except that public utility and public service uses located on or above the surface of the ground shall observe the applicable minimum front, side and rear yard requirements.

(a) Electric and telephone substations and distribution equipment.

(b) Gas regulator stations.

(c) Poles, wires, cables, conduits, vaults, laterals, pipes, main valves or other similar equipment for distribution to consumers for transmission of electricity, gas or water.

(d) Pumping stations.

(e) Radio, television and microwave transmission or relay stations, towers and antennae.

(f) Transformer stations.

(g) Water standpipes.

(2) In addition, where electrical, telephone, water and sewer or other utility services require structures or facilities other than buildings located on or above the surface of the ground on easements through or abutting any lot in a residence district, the structures or facilities shall be prohibited from any required yard adjacent to a public street or from any dedicated street right-of-way.

(K) Minimum district size. Whenever a minimum contiguous area is specified for a zoning district, then no property shall be classified or reclassified in any zoning district unless, after the classification or reclassification, the property will, when considered alone or in conjunction with similarly classified property that it abuts, contain at least the minimum contiguous area specified for the zoning district.

(Ord. 21-016, passed 8-18-21)

§ 156.022 REGULATIONS FOR ALL ACCESSORY STRUCTURES AND USES.

(A) No accessory structure or use shall be built, moved or remodeled, established, altered or enlarged unless the accessory structure or use is permitted by this chapter. Accessory uses are permitted in any zoning district in connection with any principal use permitted within the district. Each accessory structure and use shall comply with the applicable use limitations in the zoning district in which it is located and, in addition:

(1) No accessory structure or use shall be constructed, occupied or established on any lot prior to the completion of the principal structure to which it is accessory.

(2) Minimum separation from a principal structure shall be as required in § 156.023(E) and other relevant sections of the city code.

(3) On a corner lot occupied by a principal residential structure that is legally nonconforming with respect to the corner side yard setbacks, accessory uses and structures may be located in the corner side yard, provided they maintain the same setback as established by the principal residential structure.

(4) Outdoor storage, except as specifically permitted elsewhere in this chapter, shall not be permitted as an accessory use.

(B) The requirements of § 156.023(E) shall not apply to extraction uses, as defined by the Chapter, except that the city Council may establish conditions for such uses.

(Ord. 21-016, passed 8-18-21)

§ 156.023 ACCESSORY STRUCTURES AND USES PERMITTED AS ENCROACHMENTS.

(A) The Table 156.023 below indicates accessory structures or uses permitted to be located as encroachments in various yards. Where a structure or use proposed to be located as an encroachment on a property within the city is not specified in Table 156.023 below, the Zoning Administrator shall make a determination as to whether such structure or use is substantially similar to one listed in the table, based on information provided by an applicant for zoning approval.

(B) The letter "P" in the Table 156.023 below, under "Required Yard", denotes that an accessory structure or use is a permitted encroachment. Wherever, in the tables under "Required Yard", the letter "P" is not found, the specified encroachment shall not be permitted.

(D) Table 156.023 of permitted encroachments.

PERMITTED ENCROACHMENTS
Type of Encroachment	Required Yard
Type of Encroachment	Front	Corner Side	Interior Side	Rear
Air conditioning condensers	-	P	P	P
Arbors and trellises	P	P	P	P
Architectural elements and other appurtenances projecting 30 inches or less into the yard, including but not limited to, bay windows, overhanging eaves, gutters, awnings, canopies and chimneys	P	P	P	P
Balcony, provided it is no closer than five feet from property lines	P	P	P	P
Buildings used for farming	-	-	P	P
Deck, unroofed and not more than four feet above the average level of the adjoining ground, provided it is no closer than five feet from property lines	-	-	P	P
Deck, roofed or unroofed, greater than four feet above the average level of the adjoining ground, provided it is within the bulk standard building envelope	-	-	-	P
Dog run and doghouse	-	-	-	P
Fences	P	P	P	P
Fireplace, permanent and outdoor	-	-	P	P
Flag poles	P	P	P	P
Gazebo or pergola	-	-	-	P
Generators	-	-	P	P
Hot tubs	-	-	-	P
Landscape features, e.g., raised planter beds, retaining walls	P	P	P	P
Laundry drying equipment (residential)	-	-	P	P
Outdoor area for restaurant and/or bar	-	-	P	P
Outdoor permanent kitchens/grilling stations	-	-	P	P
Outdoor storage of firewood for a wood-burning stove or fireplace on the lot	-	-	P	P
Patio	-	P	P	P
Porch at grade	P	P	P	P
Private, freestanding earth stations and antenna towers	-	-	-	P
Private earth stations and antenna towers that are directly attached to the principal structure	-	-	P	P
Private garages and carports, attached	-	-	-	-
Private garages and carports, detached	-	-	P	P
Recreational equipment (permanent), including a child's playhouse, swing set or playground. (Basketball hoops are permitted in all yards.)	-	P	P	P
Sheds	-	-	P	P
Signs, located at least five feet from all property lines	P	P	P	P
Steps, four feet or less above grade, which are necessary for access to a permitted structure, or access to a lot from a street or alley	P	P	P	P
Steps and/or stoops exceeding four feet above grade, when necessary for access and the property affords no alternative location or arrangement for conformity	P	P	P	P
Stoop/entryway, not more than four feet above grade	P	P	P	P
Swimming pools	-	-	-	P
Temporary use of mobile storage units on residential zoning lots, when used accessory to a move, a remodeling or construction project	P	P	P	P
Temporary use of cargo containers on nonresidential zoning lots, when used accessory to a move, a remodeling or construction project	-	-	P	P
Patio and Porch Encroachments in the R-O Heritage Residential Zoning District
Patio, when located in R-O Heritage Residential Zoning District	P	P	P	P
Porch above grade, when located in R-O Heritage Residential Zoning District	P	P	P	P
Porch at grade, when located in R-O Heritage Residential Zoning District	P	P	P	P

(E) General and bulk regulations for accessory structures and uses permitted as encroachments. All accessory structures and uses shall observe the bulk regulations of the district in which they are located and conform with the following regulations.

(1) General regulations.

(a) Applicable zoning regulations. When the wall of any accessory structure or use is part of, or joined to, the wall of any principal building or structure, including attached garages and carports, it shall comply with all the zoning district regulations applicable to the principal building or structure, unless stated otherwise elsewhere in this chapter.

(b) Setbacks. No detached accessory structure shall be located closer to the front lot line than the front elevations of the principal building on the lot, except for accessory structures permitted in the front yard as indicated in Table 156.023.

(c) Easements. Accessory structures are prohibited from being constructed, occupied or established on any easement, with the following exceptions:

1. Fences may be located on or over easements, provided the fence does not inhibit or alter drainage over public utility and drainage easements. Removal of such structure shall be required if needed by a public agency to access any portion of the easement.

2. Fences shall not be located on or over lowlands maintenance easements.

3. Accessory structures may be placed on or over private utility easements with written consent from all utility companies having rights to the easement.

(d) Vision triangle. No accessory structure shall be located within a vision triangle, except fences as permitted in this chapter.

(2) Bulk regulations.

(a) Height.

1. All accessory buildings and structures shall comply with the height limitations of the zoning district in which they are located, unless otherwise provided for in this section.

2. No detached accessory structure shall be taller than the principal structure, unless otherwise provided for in this section.

3. Sheds, carports, gazebos, pergolas, or similar structures shall not exceed 15 feet in height.

4. Detached garages shall not exceed the height of a single story of the exterior elevation of the principal structure on the lot, and shall maintain roof pitches consistent with, or lower in slope than, the principal structure, provided that the total height of the structure is not taller than the principal structure.

5. Private antenna towers shall not exceed 50 feet above grade.

(b) Required yards for accessory structures.

1. Attached accessory structures. When the wall of any accessory structure or use is part of, or joined to, the wall of any principal building or structure, it shall comply with required yard regulations for the district in which it is located, as governed by § 156.073, Bulk Regulations.

2. Detached accessory structures.

a. All detached accessory structures shall comply with the following yard requirements, unless otherwise provided for in this section:

i. Minimum rear yard: five feet.

ii. Minimum side yard: three feet.

b. Fences shall comply with § 156.024(E) below and all other relevant requirements of the city code.

c. Swimming pools, and any decks attached thereto, shall be located a minimum of six feet from any property line.

d. Hot tubs shall be located a minimum of six feet from any fence or property line.

e. Freestanding towers or antenna structures that are unattached to the principal structure shall not be located closer to the lot line than the total height of the tower or antenna structure, and must be properly guyed entirely within the property limits.

f. Detached permanent fireplaces, and temporary fire pits and open fire pits that are located outdoors shall be at least ten feet from all property lines and structures, and meet all other relevant standards of the city code.

g. Cargo containers may be located up to, but not over, property lines and shall conform to time limits and other requirements per § 156.026 of this chapter.

h. Freestanding gazebos and pergolas shall be a minimum of five feet from the principal structure, ten feet from the rear lot line, five feet from the interior side lot line and five feet from other accessory structures. Gazebos and pergolas shall comply with § 156.024(D) Regulations for swimming pools below and all other relevant requirements of the city code.

1. Detached accessory structures (including permanent outdoor fireplaces) shall be located a minimum of ten feet from any principal structure, or from any accessory building or structures that is part of, or joined to, the wall of any principal building or structure on the lot, with the following exceptions.

a. Sheds may be located less than the ten-foot-separation requirement stated above, when the structure meets or exceeds the city's building code standards for attached garages concerning fire protection rating, footing and foundation.

b. The following accessory structures or uses need not adhere to the ten-foot-separation requirement stated above: dog run or dog house, fences and walls, freestanding gazebos and pergolas, hot tubs, permanent recreational equipment, outdoor storage of firewood for a wood-burning stove or fireplace, private earth stations and antenna towers, micro-pantry or mini-library, and cargo containers.

2. Required building separation. Permitted yard encroachments may be located within the required building separation requirements contained in § 156.073, Bulk Regulations. Other accessory structures shall not be located in the required building separation.

(d) Lot coverage and impervious surface coverage. All accessory structures shall comply with maximum lot coverage and maximum impervious surface coverage regulations for the district in which they are located, as contained in § 156.073, Bulk Regulations.

(F) Bulk regulations for specific accessory structures and permitted encroachments in the R-O Heritage Residential and R-1 Residential Districts.

(1) Patio. When located in the front yard of a property zoned R-O Heritage Residential, a patio shall not exceed 200 square feet, and shall maintain a minimum setback of ten feet from property lines.

(2) Porch at grade. When located in the front yard of a property zoned R-O Heritage and R-1 Residential Districts, a porch shall adhere to the following regulations.

(a) The porch must be designed with a roof, open sides and an open front; the porch may not be enclosed. It shall be integrated with the principal structure, and materials used shall be consistent with the materials used on the principal structure.

(b) The porch will not negatively impact surrounding properties and is in character with those properties and the neighborhood.

(d) There is not sufficient space on the lot to construct the porch outside the required yards.

(e) In the R-O Heritage Residential District, the porch shall maintain a minimum setback of 20 feet from property lines. If the principal structure is nonconforming with respect to the required front yard, the Zoning Administrator may administratively reduce the setback from property lines to ten feet. To grant the reduced setback, the setback of adjacent properties will be evaluated.

(f) In the R-1 Residential District, porches may encroach into required front yards by 20% of the building setback to a maximum of six feet.

(g) Additional or more restrictive standards may be imposed to protect the character of a neighborhood, and to protect the safety and welfare of the community.

(3) Porch above grade. When located in the front yard of a property zoned R-O Heritage Residential and R-1 Residential Districts, an above-grade porch shall adhere to the following regulations.

(a) The porch cannot exceed four feet above grade, unless it would not allow access into the residence.

(b) The design of the porch must be of open design and not enclosed, must be integrated with the principal structure, and the materials used must be consistent with the materials used on the principal structure.

(c) The porch will not negatively impact surrounding properties and is in character with those properties and the neighborhood.

(d) The porch will not create unsafe conditions, including maintaining a clear vision triangle on corner lots.

(e) There is not sufficient space on the lot to construct the porch outside the required yards.

(f) In the R-O Heritage Residential District, the porch shall maintain a minimum setback of 20 feet from property lines. If the principal structure is nonconforming with respect to the required front yard, the Zoning Administrator may administratively reduce the setback from property lines to ten feet. To grant the reduced setback, the setback of adjacent properties will be evaluated, and the porch should not extend more than five feet beyond the facade of the adjacent residences.

(g) In the R-1 Residential District, porches may encroach into required front yards by 20% of the building setback to a maximum of six feet.

(h) Additional or more restrictive standards may be imposed to protect the character of a neighborhood, and to protect the safety and welfare of the community.

(Ord. 21-016, passed 8-18-21; Am. Ord. 21-031, passed 10-20-21; Am. Ord. 23-006, 3-16-23; Am. Ord. 24-002, passed 2-21-24)

§ 156.024 REGULATIONS FOR SPECIFIC ACCESSORY STRUCTURES AND USES.

(A) Regulations for detached garages and carports. In addition to the other requirements of this chapter and the city code, detached garages and carports shall adhere to the following regulations.

(1) Portable garages or carports are prohibited in all zoning districts.

(2) Detached carports shall be prohibited in all single-family residential districts, except R-O Heritage Residential. Such carports shall reflect the architectural character of the principal structure through complimentary materials and design, which may include, but is not limited to, trim, siding, roof style and materials, and shall be of a permanent nature.

(3) A detached garage or carport shall have a concrete floor per the specifications of the building code.

(4) A detached garage or carport shall have an asphalt, concrete or brick paver driveway from the street to the garage doors.

(5) For a single-family residence, there can be only one detached garage or carport.

(6) For a single-family residence, a detached garage or carport shall not exceed 660 square feet, nor shall it exceed 75% of the foundation area of the principal structure, whichever is less.

(7) For multi-family residences, the detached garage or carport shall not exceed 440 square feet per unit.

(B) Regulations attached garages and carports. In addition to the other requirements of this chapter and the city code, attached garages and carports shall adhere to the following regulations.

(1) Garages or carports attached to the principal residence shall comply with zoning district regulations applicable to the principal building as contained in § 156.073, Bulk Regulations.

(2) Attached carports shall be prohibited in all single-family, residential districts, except R-O Heritage Residential. Such carports shall reflect the architectural character of the principal structure through complimentary materials and design, which may include, but are not limited to, trim, siding, roof style and materials, and shall be of a permanent nature.

(3) If an attached garage is converted to living space, then the driveway leading to the former garage must be removed and landscaped, and the curb cut must be restored.

(4) For a single-family residence, there can be only one attached garage or carport.

(5) Attached garages or carports shall not exceed 75% of the foundation area of the principal structure. If the principal structure’s foundation is less than 533 square feet and meets all other applicable regulations, then its owner shall be permitted to construct a two-car garage (20 feet wide by 20 feet deep) without obtaining a variation.

(6) An attached garage or carport shall have an asphalt, concrete or brick paver driveway from the street to the garage doors.

(C) Regulations for sheds. In addition to the other requirements of this chapter and the city code, sheds shall adhere to the following regulations.

(1) Each residence shall be limited to one shed.

(2) A shed or similar structure shall not exceed the following sizes:

(a) For lots 10,000 square feet or less, the structure shall not exceed 150 square feet;

(b) For lots greater than 10,000 square feet to one acre, the structure shall not exceed 300 square feet;

(d) For lots two acres or larger, the structure shall not exceed 600 square feet.

(3) Any building that is larger shall be considered a garage, and must comply with the above requirements for a detached garage.

(D) Regulations for swimming pools. In addition to the other requirements of this chapter and the city code, swimming pools shall adhere to the following regulations.

(1) A fence or wall with no openings or breaks, except for gates, not less than 48 inches in height, must be placed around the pool or lot on which the pool is located, or the pool must be constructed with a self-contained fence and retractable ladder.

(2) Planting material may not be used as a substitute for a required fence or wall.

(3) Pools shall be located a minimum of six feet, measured from the water edge, from any non-roofed deck that is six feet or higher from grade measured from the pool coping.

(4) Decks six feet or higher from grade, measured from the pool coping, and located less than ten feet and a minimum of six feet from swimming pools, measured at the water edge, shall have guardrails not less than 48 inches in height.

(5) Swimming pools shall be located a minimum of six feet from an attached or detached garage or a shed.

(6) Freestanding gazebos and pergolas shall be located a minimum of five feet from the principal structure and six feet from a swimming pool, measured from the water edge.

(E) Regulations for fences. In addition to the other requirements of this chapter and the city code, fences shall adhere to the following regulations.

(1) Fences on properties in a residential zoning district shall not exceed six feet in height above ground level where the fence is constructed (see Figure 024-1).

(2) Fences on properties in a commercial, industrial or office zoning district shall not exceed eight feet in height above ground level where the fence is constructed (unless otherwise specified).

(3) Fences on double frontage lots in a residential zoning district may be constructed to eight feet in height above ground level, where the fence is constructed along the lot line abutting the affected street right-of-way, provided the following conditions apply:

(a) The residential lot abuts a collector or arterial street as designated by the city;

(b) The opposite side of the street is zoned C-2, C-3, O-1, O-2, M-1 or M-2;

(d) All such adjoining residential properties extending to the nearest intersection streets in both directions (or other such points as determined by the Zoning Administrator to support community character and safety) reflect consistency and contiguity in their application, have fencing installed at the same time and having the same design features, material components, color, height and other such identifiable features.

(4) Fences on properties in a residential zoning district may be constructed up to eight feet in height where the fence is constructed in cases where an abutting property is zoned or used for commercial or industrial use.

(5) All fences shall have the finished side thereof facing outward from enclosed lot.

(6) Fences may be constructed on or directly adjacent to a property line, but no part of the fence may extend over a property line.

(7) Fences may be located in required yards, provided that:

(a) Fences shall not be located less than one foot from front and corner side yard lot lines.

(b) Front yard. Fences located in a required front yard shall not exceed four feet in height, and the length shall not exceed 50% of the lot frontage, and shall be of open design, except that lots in the R-O Heritage Residential District shall be allowed to have the length of the fence exceed 50% of the lot frontage (see Figure 024-1).

(c) Corner side yard. Fences located in a required corner side yard shall not exceed four feet in height, and shall be of open design, unless the fence is located 15 feet or one-half the distance between the house and the exterior lot line of the corner side yard, whichever is less (see Figure 024-1). Transition columns between four-foot and six-foot fences between the corner side and rear yard may be taller than six feet, but not greater than seven and one-half feet, to accommodate a light fixture or other appurtenance.

(d) For purposes of this section, OPEN-DESIGN FENCES shall include split-rail and post-and-board fences with no more than three horizontal rails or boards, wrought-iron fences, open picket fences, and other similar fence designs that do not create a hazard by obstructing or distorting vision; provided, however, that fences of chain link, woven mesh and other designs or materials that create a visibility hazard, due to reflective or refractive qualities or means of construction, are specifically excluded from this definition, and may not be placed in a required front or corner side yard in which an open-design fence is required.

(8) The provisions of this chapter shall not apply to fences constructed by a governmental body for the safety of children on park or school playgrounds.

(9) Chain-link fences shall not be permitted in any front or corner side yard of a residential-zoned property.

(10) Chain-link fences located in any business and industrial zoned property shall provide a vinyl coating on the chain link.

Figure 024-1

(11) Prohibited fences.

(a) Fences and planting materia l used in the nature of a fence, placed or maintained on any portion of any public right-of-way or in any required yard, which, by the nature of the materials used for its construction, its design or location, would impair public safety by interfering with and obstructing the vision of persons using the streets, sidewalks or driveways on or adjacent to such a yard.

(b) Fences and planting material used in the nature of a fence may not be located within the vision triangle, unless otherwise provided by this chapter.

(c) Fences constructed, in whole or in part, of electrically-charged wire, barbed wire, spikes, glass, protruding nails, or other sharp or pointed material of any kind.

(d) Chain-link fences with barbed ends up.

(e) Snow fences, except for the exclusive control of windblown snow between November 1 and March 31, and erected by state or local highway authorities.

(F) Regulations for stoops and entryways. In addition to the other requirements of this chapter and the city code, stoops and entryways shall adhere to the following regulations.

(1) Stoops and entryways, not more four feet above grade, may be located in front yards of properties in zoning districts other than R-O Heritage Residential and R-1 Single-Family Residential Districts.

(2) Stoops and entryways, not more four feet above grade, may be located in front yards upon a finding by the Zoning Administrator that the installation will ensure they are compatible with the neighborhood and do not create unsafe conditions.

(G) Regulations for outdoor area for restaurant and/or bar. Applications for outdoor seating shall be submitted to the Zoning Administrator for review to be in keeping with the requirements of this section and other relevant sections of the city code. Approved applications for outdoor seating may be renewed, subject to annual reconsideration by the Zoning Administrator for compliance with the standards of this section. All temporary seasonal outdoor seating areas are subject to the following regulations.

(1) Applications for outdoor seating shall be valid from April 1 to October 31, and may be renewed each year.

(2) An application for temporary outdoor seating shall include a site plan, clearly identifying the area to be used for outdoor seating in relation to the existing restaurant or bar, and all tables, chairs, waste containers, smoking areas and other items, shall be clearly marked and to scale.

(3) The outdoor seating area shall be accessory to the operation of a restaurant or bar, appropriately located on the premises.

(4) Landscaping or other forms of screening a temporary outdoor seating area may be required by the Zoning Administrator in keeping with site planning and safety standards of the city code.

(5) All outdoor seating areas shall be placed on an all-weather, hard-surface area.

(6) The outdoor seating area shall be immediately adjacent to the principal building, and located directly adjacent to the space occupied by the restaurant or bar.

(7) Temporary outdoor seating areas shall be exempt from applicable parking requirements.

(8) No smoking shall be required as part of temporary outdoor seating areas.

(9) Temporary outdoor seating areas shall be contained within a barrier designating the area. The barrier shall be provided by landscaping, planters, fencing or other material providing equally safe conditions, as may be approved by the Zoning Administrator.

(10) Temporary outdoor seating areas shall be subject to all applicable county health and sanitation codes.

(11) No additional signage may be displayed as part of a temporary outdoor seating area.

(12) Seating may be located on sidewalks or pedestrian walkways, provided that five feet of the sidewalk or walkway, inclusive of any required barrier, remains unobstructed.

(13) All seating, inclusive of any required barrier, shall be a minimum of five feet from any drive aisle or point of vehicular access.

(14) The seating and barrier shall not occupy or interfere with the use of required parking spaces, aisles, driveways, fire lanes and fire exits.

(15) The seating and barrier shall not occupy or interfere with the use of building entrances, exits and pedestrian walkways.

(16) Amplified music and music speakers are prohibited. Any other music or outdoor activities shall not negatively impact neighboring properties, and shall be discontinued by close of business and not later than 10:00 p.m.

(17) Exterior lighting shall be inwardly directed, with light sources not directly visible from adjacent properties so that no direct lighting or glare is cast off premises.

(18) Hours of outdoor operations shall coincide with the hours of operation of the restaurant or bar.

(19) All tables, chairs and other items are to be removed and stored other than outdoors on site by November 1, or at such time as the applicant ceases serving at the outdoor area.

(20) Tables, chairs and trash receptacles shall be maintained and in good condition at all times. Broken, rusting, torn or tattered furnishing shall be removed promptly.

(21) Sidewalks or pedestrian walkways shall be kept clean and free of refuse and clutter at all times.

(22) Any other conditions deemed necessary by the city to protect the public health, safety and welfare may be imposed.

(23) When there are sales and consumption of alcoholic beverages in the outdoor area, additional standards may be applied to screen the area, and it shall be licensed as set forth in § 111.09 of the city code.

(24) If temporary outdoor seating is provided on public property, the following shall apply in addition to the other requirements of this division:

(a) General commercial liability insurance shall be provided as may be required by the city.

(b) Items permitted on the sidewalk shall be limited to tables, chairs, trash receptacles and barriers per division (G)(9) above.

(c) The proposed placement of tables, chairs and trash receptacles to ensure safe and sufficient space for pedestrian traffic and access to parked vehicles.

(d) Tables, chair, trash receptacles or barriers may not be secured to the ground by drilling and bolting into the sidewalk or any other public improvement.

(e) All public improvements located on the sidewalk shall be maintained in the condition in which they existed immediately prior to the authorization by the city for temporary outdoor seating.

(H) Regulations for home occupations. Home occupations shall be compatible with the residential character of the neighborhood, and shall be subordinate and incidental to the primary use of the dwelling unit in which they are located. A home occupation may be conducted in any dwelling unit in any zoning district in which dwelling units are permitted, and shall be subject to the following requirements.

(1) No more than one person who is not a member of the immediate family occupying the dwelling unit shall be employed in connection with the occupation.

(2) There shall be no manufacturing or processing of any sort.

(3) No more than 25% of the area of a dwelling shall be devoted to the home occupation.

(4) There shall be no storage outside a principal building or accessory structure of equipment or materials or products used in the home occupation.

(5) The home occupation shall be conducted entirely within the principal residential building.

(6) No part of the home occupation or storage for the home occupation may be conducted in an accessory garage (attached or detached).

(7) The home occupation shall be conducted in a manner that would not cause the premises to differ from its residential character.

(8) Automotive repair as all or part of a home occupation shall be prohibited.

(9) Customer sales and pick up. Direct sales of products produced in relation to the home occupation from the dwelling unit are prohibited.

(10) The home occupation shall not require more vehicle parking space than exists on the residential driveway on the property, or on assigned parking spaces serving the dwelling unit. The site of the home occupation may not serve for staging of parking for which employees park personal vehicles on the site and work elsewhere.

(11) No more than one commercial vehicle associated with the home occupation may be parked on the property containing the home occupation at any time. The vehicle may not be of a designation higher than a "D" license plate. The height of the vehicle may not exceed seven feet for an open bed truck, or nine feet for an enclosed van, when measured from the ground to the roof. Any storage racks, ladders or other equipment attached to the vehicle and exceeding these height limits, may do so by no more than 18 inches.

(12) The home occupation shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond that which normally occurs in the zoning district in which it is located.

(13) The home occupation shall not have a separate entrance from outside the building.

(14) The home occupation shall not produce noxious or toxic materials.

(15) No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood.

(16) Any home kitchen operation shall be in keeping with the requirements of § 110.81, Home Kitchen Operation, and Ordinance No. 18-016.

(I) Regulations for micro-pantries or mini-libraries. In addition to the other requirements of this chapter and the city code, micro-pantries or mini-libraries shall adhere to the following regulations.

(1) Only one micro-pantry or mini-library shall be located on a property.

(2) The micro-pantry or mini-library shall not exceed the following dimensions:

(a) The height shall not exceed the maximum height of five feet from grade; and

(b) The size of the structure shall not exceed a maximum area of ten square feet.

(3) The micro-pantry or mini-library shall only be located in a commercial district, and shall not be closer than 1,000 feet from another micro-pantry or mini-library.

(4) The micro-pantry or mini-library must be maintained in good condition, and must be repaired within five business days of damage or disrepair.

(5) The micro-pantry or mini-library must not contain perishable foods, adulterated or contaminated foods, tobacco, a vaporizer or other similar heating devices or liquids for the use of "vape" products, alcohol, cannabis, whether procured legally or illegally, or illegal or legal drugs.

(J) Regulations for donation drop box facilities. As may be required as part of a special use per § 156.124 of the city code, donation drop box facilities shall adhere to the following regulations.

(1) Donation drop box facilities shall not be located on a property so as to in any way impede vehicular traffic or pedestrian safety.

(2) Donation drop box facilities shall not be located on a property so as to interfere with access to any parking space, and shall not reduce the number of parking spaces provided on a property.

(3) Donation drop box facilities shall not be located on a property without the written consent of the property owner.

(K) Regulations for outdoor sales and display. Outdoor display of goods for sale may be conducted as accessory to the operation of a business in a commercial district, and shall conform to the following regulations.

(1) The permitted outdoor accessory display of goods shall be located and maintained on the property so as to ensure safe and secure use of properties, and not create a nuisance.

(2) The area of the permitted outdoor accessory display may not exceed 10% of the indoor gross floor area of the related principal use on the same premises, or 100 square feet (whichever is greater).

(3) The permitted outdoor accessory display of goods shall be for the purpose of direct retail sales only, not for storage.

(4) Permanently-placed vending machines are permitted, provided:

(a) They are on a property located in a commercial zoning district;

(b) The device does not exceed a volume of 120 cubic feet;

(d) Placement must be adjacent to the wall of the principal structure.

(Ord. 21-016, passed 8-18-21; Am. Ord. 21-031, passed 10-20-21; Am. Ord. 23-006, 3-16-23; Am. Ord. 24-002, passed 2-21-24)

§ 156.025 TEMPORARY STRUCTURES AND USES.

No temporary structure or use, as listed in this division, shall be built, established, moved or remodeled, altered or enlarged, unless it is permitted by this chapter. Unless otherwise indicated, the temporary uses and structures listed in this section are permitted in any nonresidential zoning district, subject to the regulations and time limits as indicated, and to the other applicable regulations of the district or districts in which it is located, and other requirements of the city code.

(A) All temporary structures and uses shall be operated in keeping with the following regulations.

(1) None of the temporary structures or uses regulated in this division may be permitted in any residential zoning district, unless otherwise specified.

(2) All temporary structures and uses shall be located so as to not impact parking required or provided for other uses on or near the property on which they are located.

(3) All temporary structures and uses shall be operated for no longer than the time periods specified in this section.

(4) Any debris, trash or other rubbish generated from a temporary structure or use on or near the related property shall be removed nightly by the owner or operator of the temporary structure or use.

(B) Christmas tree sales shall be operated in keeping with the following regulations.

(1) May be located on a lot of less than five acres located in a C-2, C-3 or C-4 District.

(2) May be operated for a period not to exceed 45 days.

(3) Yard requirements of this chapter shall not apply, provided that no trees shall be displayed within ten feet of any driveway or street right-of-way, or within 30 feet of the intersection of the right-of-way of two streets.

(1) May be operated only as an accessory function to a construction project.

(2) May be operated only for the duration of the project while building permits are in effect.

(3) The office or equipment shed or trailer shall be located on the premises undergoing construction.

(4) No office, shed or trailer shall contain sleeping accommodations or cooking facilities.

(5) The use shall be removed upon the lapse of building permits or issuance of the last occupancy certificate.

(6) The contractors' offices and equipment sheds and trailers shall be screened from view of a public right-of-way.

(7) The use of cargo containers to store contractor equipment shall be pursuant to § 156.026 below.

(D) Subdivision sales offices, sometimes in a model home, shall be operated in keeping with the following regulations.

(1) Subdivision sales offices shall be incidental to a new housing development.

(2) No subdivision sales offices may be used for sleeping or cooking purposes, and may continue only until all dwelling units in the development have been sold or leased.

(3) Subdivision sales offices may be allowed on the property until the final unit of the development has been sold and closed.

(4) Fences may be located on lots used for subdivision sales offices and model homes, provided that they comply with the provisions of § 156.024(E), except that:

(a) Points of access shall be provided, as required by the Fire Chief, for emergency persons, equipment and vehicles.

(b) Fences need not be of open-design when located within the required front or corner side yard, provided the fence does not exceed three and one-half feet in height, and is constructed of natural materials.

(E) Farm produce sales shall be operated in keeping with the following regulations.

(1) Seasonal sales of farm produce are permitted in an agricultural district, in a residential district where produce is grown on the premises, and in a commercial district, for a period not to exceed six months in any calendar year.

(2) Structures (farm stands or wagons) incidental to the sales of farm produce shall not exceed a total of 160 square feet, nor be located less than 15 feet from a property line. Structures shall be removed when there are no sales for a period of three days or more.

(3) Farm produce sales shall require a license from the city as may be required.

(F) Sidewalk sales shall be operated in keeping with the following regulations.

(1) Shall be incidental to the businesses located on the lot where the sidewalk sale is conducted.

(2) May be conducted on private property in a commercial district.

(3) May not be conducted in conjunction with another special event or promotion by the businesses on the property.

(4) Shall be conducted adjacent to the entrance of the sponsoring businesses.

(5) Sidewalk sales may occur for a period not to exceed four consecutive days, and may not to occur more than three times in a calendar year.

(G) Garage or yard sales shall be operated in keeping with the following regulations.

(1) May be conducted on private property in a residential zoning district for the display and sale of household and personal items.

(2) May occur for a period not to exceed six days in a calendar year.

(H) Circuses or carnivals may be operated upon issuance of a license from the city, and shall be operated in keeping with the requirements of that license and this section.

(I) Mobile storage units.

(1) Location. Mobile storage units may be located as an accessory structure in any zoning district in the city.

(a) On single-family residential properties, mobile storage units shall be located on the driveway of the property.

(b) On other multiple-family residential properties, mobile storage units may be located in parking areas, but may not cause a reduction in the number of parking spaces provided.

(c) Where practical difficulties exist in locating mobile storage units in keeping with this division, the Zoning Administrator may permit the unit to be located in an alternate location, upon finding that it shall not be hazardous or disruptive to other properties.

(2) Maximum size. On residential zoning lots, mobile storage units shall not exceed eight feet in width, eight feet in height, and 20 feet in length. On properties exceeding five acres, larger mobile storage units may be approved by the Zoning Administrator, subject to the provisions of this chapter and a finding that the location and use is not a hazard to the public.

(3) Number of units. Not more than one storage container shall be located on a residential zoning lot at one time. In nonresidential districts, each business shall not use more than two storage containers, when used accessory to a move. On properties exceeding five acres, the number of storage containers may approved by the Zoning Administrator, subject to the provisions of this chapter and a finding that the location and use is not a hazard to the public.

(4) Frequency and duration.

(a) Moving purposes. A residential property or individual business may locate a mobile storage unit associated with a move on the lot not more than once per calendar year, for a time frame not to exceed 30 consecutive days.

(b) Remodeling or construction projects. The mobile storage unit may be located on the property for the duration of the construction or remodeling project, provided the project is duly proceeding toward completion. Units are to be removed upon expiration or lapse of a permit on the project, upon completion of the project, or issuance of the last certificate of occupancy, whichever occurs first.

(Ord. 21-016, passed 8-18-21)

§ 156.026 CARGO CONTAINERS.

(A) Statement of purpose. This section regulates use of cargo containers (as defined in § 156.003, Definitions) throughout the city. Cargo containers, their use and related facilities are intended to meet the following purposes:

(1) To provide for safe and orderly storage, staging and maintenance of cargo containers in a manner that minimizes the noise, dust, traffic congestion, aesthetic blight, and other adverse environmental impacts of their use upon the surrounding area;

(2) To ensure that cargo container facilities are operated in a safe manner, based upon such factors as permitted height of such containers, contents stored within the containers, location of containers stored upon a lot, and methods of screening so as to prevent safety hazards and maintain accessibility for emergency and maintenance equipment;

(3) To ensure adequate visual screening and landscaping of cargo containers from the public right-of-way and adjacent properties is provided; and

(4) To ensure that the site is of sufficient size to accommodate safe storage of cargo containers.

(B) Permitted use. Cargo containers shall be permitted only in zoning districts and used as follows.

(1) Cargo containers shall be permitted in the M-1 Limited Manufacturing and M-2 General Manufacturing Zoning Districts.

(2) Cargo containers may be used as a temporary use in any nonresidential zoning district, when accessory to a construction project or accessory to a move, provided they meet the requirements of this chapter.

(3) Cargo containers shall be permitted at government buildings or facilities, when used for the purposes of temporary storage of electronic recyclable materials, collected as part of a recycling program administered by the city, and meeting the requirements established in this section.

(4) Cargo containers shall be permitted when accessory to agricultural production by an active farmer or for hydroponic farming.

(5) Cargo containers shall be permitted on a commercial property owned by the city for the purpose of facilitating innovative uses of cargo containers for hydroponic farming and/or retail start-up businesses.

(6) Container modifications.

(a) Cargo containers may not be modified or retrofitted for habitation, except as specified in division (B)(6)(b) below. Containers shall be prohibited from having windows, heating and cooling, plumbing or multiple entrances. Cargo containers are allowed to have electric and ventilation systems installed that would be necessary to meet the minimum codes and standards for lighting and air circulation for storage purposes.

(b) Cargo containers may be approved in nonresidential zoning districts by the Zoning Administrator for innovative uses such as hydroponic fanning, retail spaces, entertainment uses, or temporary and start-up businesses. In such cases, the cargo containers shall meet applicable zoning, building and design standards.

(1) Materials stored. Materials stored in cargo containers shall not include any material deemed hazardous, as defined by the Illinois Environmental Protection Agency, unless otherwise approved by the Fire District. All materials stored shall be consistent with a permitted use on the zoning lot upon which the container is stored.

(2) Containers stored on a zoning lot shall be accessory to an established permitted use on the zoning lot, and shall be operated and maintained under the same ownership as the use.

(3) Cargo containers shall not be used for the purposes of conducting business or selling merchandise, except as may be approved in division (B)(6)(b).

(4) Bulk and lot regulations.

(a) Prohibited locations. Cargo containers shall not be located in required front or corner side yards. Containers should not be located closer to the front or corner side lot lines than the principal building(s) on the zoning lot.

(b) Setbacks. Containers shall not be located on or over property lines. Cargo container maintenance and storage facilities shall adhere to district setbacks, except that stacked containers shall increase all setbacks by 30 feet for each additional stacked level.

(c) Minimum lot size. There shall be no minimum lot size requirement for containers regulated in this section, except cargo container maintenance or storage facilities shall have a minimum lot size of 20 acres.

(5) Stacking. Stacking of cargo containers shall be prohibited, except in cargo container maintenance or storage facilities, provided they are not stacked more than three units high. Cargo containers on an approved mixed-use commercial property owned by the city, for the purpose of facilitating innovative uses of cargo containers for hydroponic farming and/or retail start-up businesses, shall be exempted from the stacking prohibition.

(6) Grouping requirements. No side-by-side grouping shall exceed 20 containers in width, and no end-to-end grouping shall exceed two containers in length. The interiors of all containers in a grouping shall be accessible from the outside of the grouping.

(7) Number of containers. There is no limit on the number of containers stored on a zoning lot, except in the M-1 Zoning District, the combined floor area of all containers on the zoning lot shall be less than 500 square feet. Owners of M-1-zoned properties, or their agents, requesting 500 or more square feet of combined floor area shall apply for a special use permit for open storage.

(8) Separation distance. Cargo containers used or stored as part of a maintenance or storage facility shall be a minimum of 1,000 feet from any property zoned or used for residential land uses, nor shall they be closer than 30 feet to any existing structure or building.

(9) Access. Based on the number of containers and location on a site, the city and/or the Fire District may require an access drive around the containers. Cargo containers may not be stored in a manner that blocks access to adjacent structures, buildings, public rights-of-way, public utility or drainage easements, or the container's interior.

(10) Prohibited locations. Containers may not be located in required landscape areas, public utility or drainage easements, required off-street parking or loading/unloading areas, or any other location that may cause hazardous conditions, constitute a threat to public safety, or create a condition detrimental to surrounding land uses. The placement of a container on a property should be so as not to impede Fire District access or operations.

(11) Landscaping and screening. Cargo container maintenance and storage facilities shall provide a minimum 100-foot-wide screening buffer around the entire facility. Refer to § 153.50.120 of the development code for transition yard screening requirements, except that the berm should contain a 3:1 slope to a minimum height of 15 feet, and the amount of required plantings should be doubled.

(D) Additional standards. In addition to the standards set forth in this section, cargo containers not part of a maintenance or storage facility shall comply with the following standards.

(1) In the M-1 Zoning District, containers shall be fully screened from public rights-of-way and adjacent properties. Permitted forms of screening are permanent enclosures, using brick, stone or similar material; permanent fence or wall; landscaping and berming; or any combination thereof. Chain-link fencing shall not to be used for required screening. Containers are to be placed on the lot in a manner that minimizes their visual impact on adjacent properties.

(2) In the M-2 Zoning District, containers shall be fully screened from public rights-of-way. Permitted forms of screening are permanent enclosures using brick, stone or similar material; permanent fence or wall; landscaping and berming; or any combination thereof. Chain-link fencing shall not to be used for required screening. Containers are to be placed on the lot in a manner that minimizes their visual impact on adjacent properties.

(3) Containers used at electronic recycling facilities operated by the city, and containers used in support of agricultural production by an active farmer, are to be painted a neutral color or, if the container is near a building wall or structure, it should be painted to match, as nearly as possible, the predominate color of that structure. Permanent enclosures using brick, stone or similar material; permanent fence or wall; and/or landscaping and berming may be used. Containers are to be placed on the lot in a manner that minimizes their visual impact on adjacent properties.

(4) Maintenance. All cargo containers and any form of cargo container screening shall be maintained in a like-new condition, shall be safe, structurally sound, stable, and in good repair. Any visible sign of deterioration, including but not limited to, broken elements, peeling paint, or rust, shall not be permitted.

(5) Historically-sensitive sites, buildings or structures. Cargo containers shall not be visible from any site designated or identified as a local or national historic landmark or natural area. This includes significant vegetative features, stream and creek corridors, buildings, sites, structures and/or identified viewsheds of historic and/or cultural significance. Cargo containers on an approved mixed-use commercial property owned by the city, for the purpose of facilitating innovative uses of cargo containers for hydroponic farming and/or retail start-up businesses, shall be exempted from this provision.

(6) Environmentally-sensitive lands. Cargo containers may not be stored closer than 1,000 feet to any existing, inventoried wetland or identified floodplain or floodway.

(7) Signage.

(a) Containers used as part of a city recycling program, or used in support of active farming, are prohibited from having signage. Cargo containers on an approved commercial property owned by the city, for the purpose of facilitating innovative uses of cargo containers for hydroponic farming and/or retail start-up businesses, shall be exempted from this provision.

(b) Containers for all other uses regulated by this section shall have no signage other than company identification and logos, provided the signage is not affixed to the container.

(8) Placarding requirement. Containers storing chemicals or other flammable liquids or gases are to be placarded per NFPA 704.

(9) Plans required. Permit requests for cargo containers shall be subject to site plan review by and approval by the Zoning Administrator. Applicants for special use permits for container facilities must submit a site plan, landscape plan and lighting plan for city review.

(10) Additional standards. During plan review, the city and/or Fire Prevention District may place additional or more restrictive conditions on the approval, including but not limited to, painting the containers to match building(s) on the property, location on the property, and limiting the number of containers in order to protect the health, safety and welfare of the community.

(11) Fire District review and permitting. Conformance to all fire codes shall be required. All requests for containers will be subject to review by the regulating Fire Prevention District. An inspection is to be conducted by the Fire District after the container is loaded. If chemicals or other flammable liquids and gases are to be stored in a container, a permit shall be obtained from the Fire District.

(E) Temporary use of cargo containers. Temporary use of cargo containers shall be allowed only as follows.

(1) Temporary use of cargo containers shall not require a permit from the city.

(2) Temporary use of cargo containers shall not be permitted in residential zoning districts.

(3) Cargo containers used in any nonresidential zoning district for temporary storage of construction materials and/or equipment used for a construction or remodeling project may be located on the property for the duration of the construction or remodeling project, provided the project is duly proceeding toward completion. Containers are to be removed upon expiration or lapse of a permit on the project, upon completion of the project, or upon issuance of the last certificate of occupancy, whichever occurs first.

(4) Time extension. In the event of fire, tornado or other natural disaster causing substantial damage to the principal structure, a property owner may request a time extension to the above-stated time limits.

(5) Permitted locations.

(a) Cargo containers must be located upon the lot in which the remodeling project, construction project, or move is taking place.

(b) Yard requirements are identified in § 156.023. As an exception, the Zoning Administrator may permit the container in front or corner side yards, upon determining the lot affords no alternate location, and the location will not be detrimental to the health, safety or welfare of the community.

(c) All cargo containers regulated in this section shall be stored completely within the property lines of the subject property, and shall not be placed on any public right-of-way or public property. Containers shall not be placed in such a fashion as to impede or obstruct the flow of drainage waters, nor impede or obstruct emergency access to the property, or access to utility services or shut-offs. Units shall not be located within a vision triangle, nor impair public safety by interfering and obstructing the vision of persons using the streets, sidewalks or driveways on or adjacent to the property. The placement of a container on a property should be so as not to impede Fire District access or operations. The container should be placed on the lot so as to minimize the visual impact from adjacent properties and rights-of-way. Additionally, in nonresidential districts, the storage container shall not occupy off-street parking spaces required per the provisions of § 156.102, Schedule of Parking Requirements.

(6) Prohibited uses of containers. Units shall not be used for occupancy or sleeping, housing of animals, housing or storage of firearms, housing or storage of hazardous, flammable or toxic materials, or storage of materials otherwise unlawful to possess (e.g., fireworks).

(7) Condition of units. All cargo containers shall be maintained in a like-new condition, shall be safe, structurally sound, stable and in good repair. Any visible sign of deterioration, including but not limited to, broken elements, peeling paint, or rust, shall not be permitted.

(8) Number of units. In nonresidential districts, each business shall not use more than two storage containers when used accessory to a move. On properties exceeding five acres, the number of storage containers may be increased with permission from the city.

(9) Surfacing. Containers shall not be located on landscaped or unimproved surfaces, except when approved by the city for construction projects.

(10) Signage.

(a) No signage other than company identification and logos shall be allowed on any cargo container, provided the signage is not affixed to the container.

(b) Containers approved by the Fire District to store chemicals or other flammable liquids or gases shall be placarded per NFPA 704.

(11) Containers in the Historic District. Containers located in the Historic District are subject to review and approval by the Heritage and Architecture Commission. Such containers shall be screened from public view to the greatest extent possible. The Commission may place conditions on the approval to protect viewsheds, the safety and the integrity of the Historic District. Certain properties may be denied approval for reasons that include, but are not limited to, location, the estimated duration of the construction project, the visibility of the cargo container from rights-of-way and adjacent properties, lot size, and the location impeding vehicular or pedestrian circulation.

(12) Moving purposes. Each individual business shall not locate a cargo container on the lot more than two times per calendar year, for a time frame not to exceed 16 consecutive days each time.

(13) Fire District review and permitting. Conformance to all fire codes shall be required. All requests for containers will be subject to review by the regulating Fire Prevention District. An inspection is to be conducted by the Fire District after the container is loaded. If chemicals or other flammable liquids and gases are to be stored in a container, a separate permit shall be obtained from the Fire District. The Fire District may impose conditions or restrictions to protect the health, safety and welfare of the community.

(Ord. 21-016, passed 8-18-21)

Lockport City Zoning Code

GENERAL PROVISIONS

§ 156.020 INTRODUCTION.

(A) Scope.

(1) Comprehensive plan. The city's comprehensive plan (per Chapter 150) shall provide guidance in the approval of development under this chapter.

(2) Historic preservation. The city's historic preservation standards (per Chapter 150) shall be also applied to relevant properties.

(4) Special area plans. Special area plans as adopted by the city to address issues related to key areas of the city.

(Ord. 21-016, passed 8-18-21)

§ 156.021 REGULATIONS FOR USE AND CONFIGURATION OF LOTS

(D) Lot size requirements. Unless as otherwise authorized in this chapter, lot size requirements of the zoning district in which the property is located shall apply.

(E) Number of structures and uses on zoning lot.

(I) Restrictions on allocation and disposition of required yards or open space.

(4) Open spaces required under these regulations for one building or use shall not again be used as open spaces required for another building or use.

(J) Lot size requirements and bulk regulations for public utility facilities.

(a) Electric and telephone substations and distribution equipment.

(b) Gas regulator stations.

(c) Poles, wires, cables, conduits, vaults, laterals, pipes, main valves or other similar equipment for distribution to consumers for transmission of electricity, gas or water.

(d) Pumping stations.

(e) Radio, television and microwave transmission or relay stations, towers and antennae.

(f) Transformer stations.

(g) Water standpipes.

(Ord. 21-016, passed 8-18-21)

§ 156.022 REGULATIONS FOR ALL ACCESSORY STRUCTURES AND USES.

(1) No accessory structure or use shall be constructed, occupied or established on any lot prior to the completion of the principal structure to which it is accessory.

(2) Minimum separation from a principal structure shall be as required in § 156.023(E) and other relevant sections of the city code.

(4) Outdoor storage, except as specifically permitted elsewhere in this chapter, shall not be permitted as an accessory use.

(B) The requirements of § 156.023(E) shall not apply to extraction uses, as defined by the Chapter, except that the city Council may establish conditions for such uses.

(Ord. 21-016, passed 8-18-21)

§ 156.023 ACCESSORY STRUCTURES AND USES PERMITTED AS ENCROACHMENTS.

(D) Table 156.023 of permitted encroachments.

PERMITTED ENCROACHMENTS
Type of Encroachment	Required Yard
Type of Encroachment	Front	Corner Side	Interior Side	Rear
Air conditioning condensers	-	P	P	P
Arbors and trellises	P	P	P	P
Architectural elements and other appurtenances projecting 30 inches or less into the yard, including but not limited to, bay windows, overhanging eaves, gutters, awnings, canopies and chimneys	P	P	P	P
Balcony, provided it is no closer than five feet from property lines	P	P	P	P
Buildings used for farming	-	-	P	P
Deck, unroofed and not more than four feet above the average level of the adjoining ground, provided it is no closer than five feet from property lines	-	-	P	P
Deck, roofed or unroofed, greater than four feet above the average level of the adjoining ground, provided it is within the bulk standard building envelope	-	-	-	P
Dog run and doghouse	-	-	-	P
Fences	P	P	P	P
Fireplace, permanent and outdoor	-	-	P	P
Flag poles	P	P	P	P
Gazebo or pergola	-	-	-	P
Generators	-	-	P	P
Hot tubs	-	-	-	P
Landscape features, e.g., raised planter beds, retaining walls	P	P	P	P
Laundry drying equipment (residential)	-	-	P	P
Outdoor area for restaurant and/or bar	-	-	P	P
Outdoor permanent kitchens/grilling stations	-	-	P	P
Outdoor storage of firewood for a wood-burning stove or fireplace on the lot	-	-	P	P
Patio	-	P	P	P
Porch at grade	P	P	P	P
Private, freestanding earth stations and antenna towers	-	-	-	P
Private earth stations and antenna towers that are directly attached to the principal structure	-	-	P	P
Private garages and carports, attached	-	-	-	-
Private garages and carports, detached	-	-	P	P
Recreational equipment (permanent), including a child's playhouse, swing set or playground. (Basketball hoops are permitted in all yards.)	-	P	P	P
Sheds	-	-	P	P
Signs, located at least five feet from all property lines	P	P	P	P
Steps, four feet or less above grade, which are necessary for access to a permitted structure, or access to a lot from a street or alley	P	P	P	P
Steps and/or stoops exceeding four feet above grade, when necessary for access and the property affords no alternative location or arrangement for conformity	P	P	P	P
Stoop/entryway, not more than four feet above grade	P	P	P	P
Swimming pools	-	-	-	P
Temporary use of mobile storage units on residential zoning lots, when used accessory to a move, a remodeling or construction project	P	P	P	P
Temporary use of cargo containers on nonresidential zoning lots, when used accessory to a move, a remodeling or construction project	-	-	P	P
Patio and Porch Encroachments in the R-O Heritage Residential Zoning District
Patio, when located in R-O Heritage Residential Zoning District	P	P	P	P
Porch above grade, when located in R-O Heritage Residential Zoning District	P	P	P	P
Porch at grade, when located in R-O Heritage Residential Zoning District	P	P	P	P