The purpose of this subchapter is to define general development regulations that apply in all zoning districts and in other development areas where applicable. These regulations apply to all development within the appropriate jurisdiction of the municipality.

(Ord. 887, § 3.1, passed - -)

   (A)   All Residential and Neighborhood Business Districts.

      (1)   Any attached accessory building or structure shall be considered as a part of the principal building.

      (2)   The maximum height of any accessory buildings shall be 25 feet.

      (3)   An accessory structure shall be:

         (a)   A minimum distance of ten feet from the principal building.

         (b)   A minimum distance of 25 feet from a side lot line that is adjacent to a street.

         (c)   A minimum distance of five feet from the side lot line and five feet from the rear lot line except and when division (A)(4) below of this section requires a greater distance.

         (d)   A minimum distance of 60 feet from the front lot line.

      (4)   Fences and accessory structures shall be set back a minimum distance of 12 feet from the centerline of an alley.

   (B)   Industrial Districts and All Business Districts Except Neighborhood Business.

      (1)   The maximum height of any accessory building shall be 25 feet.

      (2)   An accessory structure shall be:

         (a)   A minimum distance of 12 feet from the principal building.

         (b)   A minimum distance of 25 feet from a side lot line adjacent to a street except in Business Districts where none is required.

         (c)   A minimum distance of 20 feet from the rear lot line except when a buffer or planting screen is required additional footage shall be required to allow at least a 12-foot lane for rear access.

(Ord. 887, §§ 3.2, 3.201, passed - -; Am. Ord. 1154, passed 9-5-1989)

   No accessory building shall be used for residential purposes except as otherwise provided in this code.

(Ord. 887, § 3.3, passed - -)  Penalty, see § 155.999

   All buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, and necessary mechanical appurtenances may be permitted to exceed the maximum bulk provisions when erected in accordance with all other ordinances of the municipality.

(Ord. 887, § 3.4, passed - -)  Penalty, see § 155.999

   No temporary structure (including trailers or mobile homes) shall be used or occupied for any residential, commercial or industrial use except as specifically permitted or required by this code. However, the Zoning Board of Appeals may, upon application therefor, permit the use of such temporary structure for a period not to exceed one year, subject to such conditions as the Zoning Board of Appeals deems to be compatible with the character of the area in which the structure is located and in compliance with reasonable consideration of the general health, safety and welfare. Such occupancy shall be contingent on an emergency resulting from fire, explosion or disaster, or in conjunction with construction, demolition or related conditions.

(Ord. 887, § 3.5, passed - -)  Penalty, see § 155.999

   The height limitations of this code shall not apply to church spires, belfries, cupolas, penthouses or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, silos, parapet walls, cornices without windows, antennas or necessary mechanical appurtenances usually carried above the roof level.

(Ord. 887, § 3.6, passed - -)

   No part of an area, frontage, or yard required for any lot, building, or use for the purpose of complying with the provisions of this code shall be included as an area, frontage or yard for another lot, building or use. Except as otherwise specifically provided in this code only one principal building shall be permitted on a lot.

(Ord. 887, § 3.7, passed - -)  Penalty, see § 155.999

   No building, structure, or premises shall be used or occupied and no buildings or parts thereof or other structures shall be constructed, erected, raised, moved, placed, reconstructed, extended, enlarged, or altered and no building shall be occupied by more families and/or persons than prescribed for such building, structure or premise for the district in which it is located and as otherwise regulated herein, except in conformity with this code.

(Ord. 887, § 3.8, passed - -)  Penalty, see § 155.999

   No use shall infringe on governmental property or on any public right-of-way.

(Ord. 887, § 3.9, passed - -)  Penalty, see § 155.999

   For any through lot both frontages shall comply with the front yard requirement of the district in which it is located.

(Ord. 887, § 3.10, passed - -)  Penalty, see § 155.999

   When two or more parcels of land, each of which lacks adequate area and/or minimum dimensions to qualify for a permitted use under the requirements of the district in which they are located, are contiguous, and are held in one ownership, they shall be used as one zoning lot for such use.

(Ord. 887, § 3.11, passed - -)  Penalty, see § 155.999

   No zoning lot shall hereafter be divided into two or more zoning lots unless all zoning lots resulting from each such division shall conform with all the applicable regulations of the zoning district in which the property is located.

(Ord. 887, § 3.12, passed - -)  Penalty, see § 155.999

   Any lot in any district shall have minimum frontage abutting a public street, the width of which shall be at least 30 feet. The only exception to this requirement may be in a Planned Unit Development.

(Ord. 887, § 3.13, passed - -)  Penalty, see § 155.999

   (A)   A nonconforming use is a use of land or buildings within the municipality that does not conform (does not meet the regulations of this code in some way). A nonconforming use may often have a detrimental effect on the land use around it, such as increased traffic on residential streets, not enough parking space, the emission of noxious fumes, the creation of loud noises or a depressing effect on property values.

   (B)   These regulations are intended to minimize the existing and/or potential problems created by nonconforming uses.

      (1)   Continuation of a nonconforming use. 

         (a)   Any lawful building, structure, or use existing at the time of the enactment of this code may be continued even though such building, structure, or use does not conform to the provisions of this code for the district in which it is located and whenever a district shall be changed hereafter the then existing lawful use may be continued, subject to the provisions of this code.

         (b)   Any legal nonconforming building or structure may be continued in use provided there is no structural change other than normal maintenance and repairs, except as otherwise permitted herein.

      (2)   Change or extension of nonconforming use.

         (a)   A nonconforming use shall not be extended but the extension of a conforming use to any portion of a nonconforming building shall not be deemed the extension of such nonconforming use.

         (b)   A nonconforming use shall not be changed to a use of the same or greater nonconformity with the district regulations of the district in which it is located and when changed to a use of a greater conformity shall not thereafter be changed to a use of lesser conformity; however, in the I-1 Industrial District a nonconforming use shall not be changed to a nonconforming residential use.

         (c)   A nonconforming use shall not be altered, extended or restored so as to displace any conforming use.

      (3)   Abandonment or discontinuance.

         (a)   When any nonconforming use has been discontinued for a period of 12 consecutive months such use shall not thereafter be resumed and any future use of the premises shall be in conformity with the provisions of this code, provided that, such nonconforming use may be resumed when the owner during the period of discontinuance, has been actively attempting to continue such nonconforming use.

         (b)   Proof of fact in writing must be furnished to the Board of Appeals by the applicant to establish intent not to abandon.

      (4)   Repairs, maintenance and alteration.

         (a)   Ordinary repairs and maintenance of a nonconforming building shall not be deemed an extension of such nonconforming building and shall be permitted.

         (b)   No structural alteration shall be made in a building or other structure containing a nonconforming use except in the following situations:

            1.   When the alteration is required by law.

            2.   When the alteration will actually result in elimination of the nonconforming use.

            3.   When a building in a residence district containing residential nonconforming uses may be altered in a way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

      (5)   Restoration.  If a building, excluding single-family dwellings, or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50% or more of its value at the time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 50% of its value, based upon the prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

         (a)   In the event that the Administrative Official’s estimate of the extent of damage or fair market value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the applicant may appeal to the Zoning Board of Appeals.

         (b)   In any event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently prosecuted to completion.

         (c)   The Administrative Official may issue, or cause to be issued, a building permit if the subject matter thereof is otherwise permitted by the provisions of this subchapter, provided that the Administrative Official may impose such conditions and requirements to the issuance of the permit as are reasonably necessary to promote compatibility of the nonconforming use or building with its immediate neighborhood and to protect adjacent property from any adverse effects of the nonconforming use.

      (6)   Conversion to special use.  A nonconforming use may be made a special use by granting a special use permit in conformity with the provisions of this code.

(Ord. 887, §§ 3.14 - 3.20, passed - -)

   (A)   Any lot shall be properly graded for drainage and maintained in good condition, free from trash and debris.

   (B)   Noise emanating from any use shall not be of such volume or frequency as to be unreasonably offensive at or beyond the property line. Unreasonably offensive noises due to intermittence, beat frequency or shrillness shall be muffled so as not to become a nuisance to adjacent uses.

   (C)   No obnoxious, toxic or corrosive matter, smoke, fumes or gases shall be discharged into the air or across the boundaries of any lot in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or to cause injury or damage to property or business.

(Ord. 887, § 3.21, passed - -)  Penalty, see § 155.999

   When a use or accessory is not specifically listed in the sections devoted to “permitted uses” it shall be assumed that such uses are expressly prohibited unless by a written decision of the Zoning Board of Appeals it is determined that the use is similar to and is compatible with the uses listed in the appropriate zone district. Such a written decision shall become a permanent public record for subsequent administrative use and shall be considered as being a permitted use or accessory use in the same manner as if such use had been specifically included in the zone district.

(Ord. 887, § 3.22, passed - -)

   In any zone district where individual sewage systems are used in place of central or public sewage facilities, the minimum lot area, width and depth shall be determined by the soils in that zoning district but shall not be less than the requirements for that zone district. The Administrative Official shall require the property owner to obtain a signed, written opinion from a qualified soils scientist or related professional determining if larger lots are necessary for the proper functioning of the individual sewage disposal system to prevent the possibility of health hazards. If lots larger than those required by the zone district are indicated as necessary, the Administrative Official shall require such larger lots.

(Ord. 887, § 3.23, passed - -)

   (A)   Exceptions, minimum requirement. Subject to the requirements that there be a minimum distance of six feet between any point of a roof or eaves on a principal building and any point on any principal building on an adjacent lot the following exceptions shall apply:

      (1)   Cornices, chimneys, planters, or other similar architectural features may extend two feet into a required yard.

      (2)   Open, unenclosed, uncovered porches at ground level may extend into a required yard not more than six feet.

      (3)   Fire escapes may extend into a required yard not more than four feet.

      (4)   Patios extending into required rear yards may be covered by a roof, but shall not be enclosed by walls.

      (5)   Canopies, eaves, balconies, roof overhangs or other similar features not included in the foregoing parts of this section may extend into a required yard not more than four feet.

      (6)   Except as otherwise provided in this section, in all “R” Districts, where lots comprising 50% or more of the frontage on one side of a street between intersection streets are developed with buildings having an average front yard with a variation of not more than ten feet, the average front yard of such buildings shall be the minimum required, provided such an average requirement is not less than 20 feet or more than 35 feet.

   (B)   Existing building requirements. No yards now or hereafter provided for a building existing on the effective date of this code shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this code for equivalent new construction except as otherwise specifically provided for herein.

   (C)   Location, required open space. All yards, courts, and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group unless otherwise specifically provided for herein.

   (D)   Maintenance, courts and other open spaces. The maintenance of yards, courts, and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the owner of the property on which it is located if the building is vacant. Furthermore, no legally required yards, courts, or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building.

(Ord. 887, §§ 3.24 through 3.27, passed - -)  Penalty, see § 155.999

   (A)   Purpose.  This section shall regulate all fences, walls, buffer strips, and similar structures unless otherwise provided in some other division of this section, including fences, walls, buffer strips, and similar structures in all uses and districts.

   (B)   Definition.  For purposes of this section the term FENCES shall include walls, buffer strips, and similar structures consisting of an artificially constructed barrier intended to provide privacy or limit access to a zoning lot or portion of a zoning lot.

   (C)   Location.

      (1)   Fences shall be located within the side or rear yard areas of each zoning lot and, except as hereinafter provided, shall not be located in the front yard of any zoning lot.

      (2)   Fences may be installed on zoning lot lines where it is constructed on a joint or shared basis with the adjoining zoning lot owner or with the consent of the adjoining owner so as to create a common or shared fence for both lots. In such circumstances, it shall be the responsibility of the installing owner to provide written confirmation of the consent of the adjoining owner for installation of the fence on the property line.

      (3)   In single-family residential uses, fences shall not be installed in the front yard of zoning lots located in R-1, R-2, R-3, or R-4 zoning districts.  Fences, walls and similar structures of a purely ornamental nature utilized for landscaping effect may be installed in the front yard in the zoning lots of such districts, however, they may not exceed 42 inches in height. Upon application to the Building Inspector and Zoning Board, subject to review and approval, nonornamental fences, walls, and similar structures may be installed in the front yards of the foregoing single-family residential zoning districts and applications, but only if same are compatible with the adjoining property and its use.

      (4)   In multi-family and nonresidential zoning districts, fences may be installed in front yards only with the approval of the Building Inspector upon application.

   (D)   Fence height.

      (1)   In residential rear and side yards, the maximum height of any fence shall be six feet.  Where allowed, a fence located in a residential district in the front yard shall not exceed 42 inches in height.  In nonresidential applications, fence height shall not be applicable to fencing which is part of a backstop, tennis court, or recreational application, however, the installation of such structures in residential districts shall require approval of the Building Inspector, subject to review by the Zoning Board.

      (2)   Fence height limitations are not applicable to fences built in conjunction with public utility substation facilities; municipal facilities; water or sewage treatment plant facilities; however, fences installed in such applications in residential districts may be required by the Building Inspector, subject to review by the Zoning Board, to install appropriate screening in connection with such fence installations.

      (3)   Fence height shall be measured at the highest point, not including columns or posts, of fence nearest the abutting property or street location. Columns or posts shall not extend more than 18 inches above the built height of the fence. Columns or posts shall be separated by a horizontal distance of at least four feet, except at gates. Any retaining wall or berm below the fence shall be considered as part of the overall height of the fence.

   (E)   Temporary fencing.  Temporary fences may be installed around construction sites and works and erected or maintained as may be required by any applicable building code, statute, or regulation.

   (F)   Permitted fence types.  The following fence types are permitted in all zoning districts: masonry or stone walls; ornamental iron; wood; vinyl; chain link or woven; or other material, approved by the Building Inspector, upon application and subject to review by the Zoning Board.

   (G)   Prohibited fence types.

      (1)   Fences constructed primarily of barbed or razor wire.

      (2)   Fences carrying an electrical current.

      (3)   Fences constructed of any readily flammable material such as paper, cloth, or canvas.

      (4)   Fences topped with barbed wire, metal spikes, concertina wire, or similar material in any residential district, except fencing installed in a permitted nonresidential application within such area such as a public institution or public utility facility and which is installed for public safety or security purposes.

      (5)   Fences constructed of concertina wire or comparable material.

      (6)   Snow fences, chicken wire, livestock, and farm style fences.

   (H)   Construction and maintenance standards.

      (1)   All fence posts and supporting fence members shall be erected so that following construction they will face to the interior of the premises served by the fence.

      (2)   All chain link fencing shall be installed knuckle side up. The use of spikes, broken glass or sharp or pointed instruments or materials intended or likely to cause injury to any person coming into contact with same is prohibited.

      (3)   All fences, walls, and similar structures shall be maintained in a good state of repair and kept clear of weeds, tall grass, trees, etc., on a continuous basis in a safe manner plum (vertical) to the ground. Fences which are not maintained in a safe manner as a result of neglect, lack of repair, manner of construction, method of placement, or otherwise, shall be repaired, replaced, or demolished.

      (4)   Multiple fence installations along the same lot line shall be installed so that the outermost fence will screen any other fence installed along the same lot line or yard.

   (I)   Other fence requirements.

      (1)   No fence shall be placed or retained in manner which obstructs vision at any intersection of public or private streets or ways.

      (2)   No fence shall block access from doors or windows. Fences shall be located at least two feet from building walls, or structures except where fences project from building wall or the structure.

      (3)   Fence construction shall not alter or impede the natural flow of water in any stream, creek, drainage swell, or ditch, or impair in any manner the movement of water across the zoning lot.

   (J)   Penalties.

      (1)   Any person, firm, or corporation in violation of this section shall be fined no less than $50 and no more than $750 for each violation.

      (2)   A separate offense shall be deemed committed on each day during or on which a violation occurs, exists or continues.

(Ord. 1674, passed 8-15-2006)