Mahomet City Zoning Code
OTHER USE
REGULATIONS
§ 152.045 LARGE SCALE RESIDENTIAL DEVELOPMENTS.
(A) Generally. Large-scale residential developments, where permitted, are subjected to the following conditions.
(1) The development shall have a minimum area of five acres.
(2) The housing may consist of a single, two or multiple dwellings, or any combination thereof. Minimum lot area, yard, height and accessory uses shall be determined by the requirements and procedure set out below, which shall prevail over conflicting requirements of this chapter or the ordinance governing the subdivision of land.
(3) The final development plan shall follow all applicable procedures, standards, and requirements of the ordinance governing the subdivision of land. The final development plan shall be prepared by and have the seal of an architect or engineer duly registered to practice in this state. No building permit shall be issued until a final plat of the proposed development is approved and recorded.
(4) The Plan and Zoning Commission shall review the conformity of the proposed development with the standards of the official village plan and recognized principles of civic design, land use planning, and landscape architecture. The minimum yard and maximum height requirements of the district in which the development is located shall not apply except that minimum yards shall be provided around the boundaries of the area being developed. The Commission may impose conditions regarding the layout, circulation and performance of the proposed development and may require that appropriate deed restrictions be filed enforceable by the village for a period of 20 years from date of filing. A plat of development shall be recorded regardless of whether a subdivision is proposed and the plat shall show building lines, common land, streets, easements and other applicable features required by the ordinance regulating the subdivision of land.
(5) The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools or other nonresidential uses from the gross development area and deducting 20% of the remainder for streets, regardless of the amount of land actually required for streets. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted.
(6) The Commission may hold one or more public hearings on a final development plan. The recommendations of the Commission shall be forwarded to the Board of Trustees who shall approve or disapprove the action of the Commission with or without modification and after public hearing. After approval by the Board and after any required restrictions are in effect, the Building Inspector may issue permits enabling the approved final development plan to be carried out.
(B) Development agreement fee. Whenever a developer desires to enter into a development agreement with the village for the construction of utilities or to address other requirements of this chapter, the developer shall be required to pay a fee of $5,000 plus $300 per acre for each acre over five acres to the village prior to any study or negotiation of the development agreement. This fee may be refunded to the developer upon the completion of the construction of the utilities and/or final platting of the development, but only if completed within two years from the date of payment of the fee to the village. The payment of this fee shall be in addition to any other fees required by this or any other ordinance. The amount of the fee may be amended from time to time by the resolution of the Board of Trustees of the village.
(Ord. passed 7-23-2002)
§ 152.046 ACCESSORY BUILDINGS AND USES.
Accessory buildings and uses are permitted when in accordance with the following.
(A) In the R-1A, R-1B, R-1C and R-2 Districts, accessory buildings and uses are limited to:
(1) A non-commercial greenhouse that does not exceed in floor area 25% of the ground floor area of the main building or 750 square feet, whichever is less;
(2) A private garage with a floor area not to exceed 550 square feet. An additional floor area of 200 square feet may be provided for each 3,000 square feet or lot area by which the lot exceeds 6,000 square feet, provided that no garage shall exceed a floor area of 1,000 square feet nor house more than five automobiles;
(3) Carports with a floor area not to exceed 500 square feet;
(4) Home occupation;
(5) Fallout or storm shelters;
(6) Vegetable or flower garden;
(7) Tennis courts, swimming pool, garden house, pergola, gazebo, ornamental gate, barbecue oven, television antennas, children's playhouse, doghouse, fireplace, lawn furniture, storage shed, flag poles and similar uses customarily accessory to residential uses;
(8) Private driveways;
(9) Any single accessory building shall not exceed a floor area of 1,000 square feet in the R-1A, R-1B and R-2 Districts or 750 square feet in the R-1C District;
(10) Any single accessory building shall not exceed 20 feet in height;
(11) The total floor area of all accessory buildings shall not exceed 1,000 square feet for lots with an area of less than 15,000 square feet. One accessory building of less than 120 square feet, which complies with location and height requirements, is permitted and is exempt from this total floor area requirement;
(12) The total floor area of all accessory buildings for lots with an area of more than 15,000 square feet may be increased by 400 square feet for each 3,000 square feet of lot area by which the lot exceeds 15,000 square feet; and
(13) A single chicken (hen) coop and associated run, as permitted in § 152.056.
(B) In the AG and AC zoning districts, accessory buildings and uses are limited to:
(1) Barns for the housing of livestock;
(2) An enclosed storage building for large mechanical equipment necessary for the maintenance of the land;
(3) Wayside stands not exceeding 400 square feet in floor area for the sale of agricultural products grown on the same property;
(4) Grain bins, fuel tanks, grain drying equipment, grain distribution elevators and other similar grain handling facilities related to traditional farming operations;
(5) Human-made lakes and ponds located not less than 25 feet away from any lot line; and
(6) All accessory buildings and uses permitted as listed above in the R-1A, R-1B and R-2 zoning districts, however, the accessory building size limitations shall not apply.
(D) In the Commercial and Industrial Districts accessory buildings and uses are limited to:
(1) Parking lots and garages;
(2) Accessory use not to exceed 40% of the floor area of the main building for incidental storage or light industrial activity;
(3) Fire escapes, balconies, chimneys, flag poles and other similar uses customarily accessory to commercial or industrial uses;
(4) Accessory uses and buildings which are customarily incidental to the principal use of the premises;
(5) If an accessory building or structure is not attached to the main building, it shall be located
not less than 40 feet from a front lot line and shall be located entirely within the buildable area of the lot;
(6) Private driveways;
(7) Advertising signs which are consistent with the requirements elsewhere in this chapter;
(8) Stormwater detention basins;
(9) Off-street loading spaces;
(10) Storage tanks for liquids and granular materials;
(11) Heating, ventilation and air conditioning equipment located at least five feet away from a side or rear lot line;
(12) The total floor area of accessory buildings shall not exceed 25% of the floor area of the main building;
(13) Human-made lakes and ponds located not less than 25 feet away from any lot line;
(14) Exterior storage of materials, products or equipment in the I-2 District, provided that the storage shall not exceed 20% of the area of the lot;
(15) Outdoor processing equipment in the Industrial Districts; and
(16) An animal run, when accessory to a permitted or approved animal boarding or animal daycare facility, shall be subject to the following minimum provisions:
(a) An animal run may be located o a lot with a minimum area of one acre;
(b) The total area of any animal run(s) shall not exceed 4% of the lot area;
(c) Animals shall be permitted inside an animal run only while directly supervised by the operator or staff;
(d) Animals shall be permitted in an animal run only between the hours of 8:00 a.m. and 9:00 p.m.;
(e) Animal runs shall be surrounded by an eight-foot tall opaque fence and must provide landscape screening around the exterior perimeter of the fence;
(f) Animal runs shall be located a minimum of 75 feet from any adjacent residentially used or zoned property;
(g) Animal runs shall not be located in any established front yard.
(E) There shall be the following additional regulations.
(1) A building or use that is accessory to a permitted use may be erected or established as an accessory building or use only if:
(a) It is located on the same zoning lot as the principal use and where the principal use is either permitted by right or authorized by a conditional use permit;
(b) It is compatible in character and extent with the principal structure and use and the district in which it is located;
(c) It is customarily incidental to the principal structure and use; and
(d) It complies with the other applicable regulations of this chapter.
(2) No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced, and no accessory building shall be used unless the main building on the lot is also being used. However, nothing shall prevent the use of a temporary construction shed or road wagon for the storage of tools, materials and equipment by a contractor or owner during building construction.
(3) No accessory building may be erected in front of a main building unless the accessory building is attached to the main building by a common wall.
(4) Accessory buildings may not be used for dwelling purposes.
(5) No storage of volatile liquids, flammable gases, hazardous materials or explosives shall be permitted in any residential district, except as might be kept for normal household use in typical household quantities.
(6) Solid waste containers in Commercial and Industrial Districts shall not be located within an established front yard setback and shall be located not less than five feet away from a side or rear lot line and shall be fenced from visibility from property lines and right-of- way lines.
(7) The height of accessory buildings or structures shall not exceed 100 feet in the Commercial and Industrial Districts.
(F) In residential zoning districts the following lot coverage restrictions shall apply:
(1) Maximum lot coverage in the R-1A District shall be 25%;
(2) Maximum lot coverage in the R-1B District shall be 30%;
(3) Maximum lot coverage in the R-1C District shall be 35%; and
(4) Maximum lot coverage in the R-2 District shall be 40%.
(G) Residential swimming pools.
(1) Permit. A permit is required for any residential swimming pool, as defined in this ordinance.
(3) Lighting. Illumination of pools shall be limited to underwater lighting.
(4) Pool enclosure.
(a) For the protection of the general public, any swimming pool, as defined in these regulations, shall be completely enclosed by a fence not less than 42 inches in height above grade level. All pool fencing and gates must be maintained in good working order.
(b) Above-ground pools with a wall height of 42 inches above grade or greater shall be exempt from fencing requirements.
(c) Fence gate(s) shall be of a self-closing and self-latching type capable of keeping such gate securely closed at all times. The gate must positively close and latch when released from an open position of six (6) inches from the gate post.
(d) A permit is required for pool enclosure fencing. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
(5) Ladders. Any ladder used to access a residential swimming pool which is exempt from fencing requirements, must be removed or secured to prohibit access to the pool when the pool is not in use.
(6) Location. No pool shall be located in any public utility or drainage easement.
(Ord. passed 7-23-2002; Ord. 17-09-02, 9-26-2017; Ord. 17-11-06, passed 11-28-2017; Ord. 20-09-03, passed 9-22-2020; Ord. 20-12-01, passed 12-15-2020)
§ 152.047 MOBILE HOMES.
(A) All inhabited mobile homes shall be located in a mobile home court which has received a conditional use permit and which conforms with the requirement of the following paragraph. No mobile home outside of an approved mobile home court shall be connected to utilities except those mobile homes being offered for sale and not inhabited.
(B) Mobile home courts shall meet the following minimum standards.
(1) Each lot provided for the occupancy of a single mobile home unit shall have an area of not less than 3,500 square feet and a width of not less than 40 feet, and no court shall be permitted an average density of mobile home lots of more than eight per acre, and each mobile home court shall provide an area of not less than ten acres.
(2) All mobile home courts, shall provide lots sufficient in size that no mobile home or any structure, addition or appurtenance thereto is located less than ten feet from the nearest adjacent lot boundary.
(3) Space between mobile homes may be used for the parking of motor vehicles if the space is clearly designated and the vehicle is parked at least ten feet from the nearest adjacent lot boundary.
(4) Each mobile home site shall abut or face a clear, unoccupied space, driveway, roadway or street of not less than 20 feet in width, which shall have an unobstructed access to a public highway, street or alley.
(5) The mobile home court shall be surrounded by a landscaped strip of open space 50 feet wide along the street frontage of a major street and 25 feet wide along all other lot lines or street frontage.
(Ord. passed 7-23-2002)
§ 152.048 ROW HOUSES.
Special regulations regarding row houses shall be as follows.
(A) In districts where row house buildings are permitted, and row houses are to be constructed each on its own lot and shall be subject to the minimum requirements specified in this section.
(B) Minimum lot area for a row house lot shall be not less than 3,000 square feet.
(C) Minimum frontage of a row house lot on a public street shall be not less than 20 feet on a standard lot and not less than 45 feet on each frontage of a corner lot.
(D) No side yard shall be required along any side lot line which is common to two attached row houses, whether they be on interior or exterior row house lots. Side yards not common to that of any other attached row house must conform to setbacks as required by § 152.090.
(E) Front yard and rear yard requirements as established in § 152.090 shall be provided for all row house dwellings.
(F) A minimum lot width of 20 feet shall be provided for all interior and exterior row house lots.
(G) Row houses shall be developed on subdivided lots with no more than six units per building; nor shall the building exceed 120 feet in width.
(H) The maximum lot coverage for row house lot including driveways shall be 50%.
(I) Exterior treatment of attached row houses shall be integrated. Exterior of buildings shall be maintained in a uniform similar exterior treatment and finish.
(J) An unobstructed easement shaII be provided across the side and rear eight feet of each exterior row house lot (triplex), when adjacent to an interior row house lot, for ingress and egress of adjacent interior row house lot owners for maintenance purposes. The access easement shall be unobstructed and physically passable at all times. This easement shall be incorporated into each deed transferring title to the property.
(K) A party wall agreement shall be included in the subdivision covenants for each row house lot setting forth provisions for repair of common walls, repair of common utility service connections, reconstruction of the common building in the event of damage or destruction of one or all of the dwelling units and common maintenance and repair of joint facilities.
(L) Common walls and floor ceiling assemblies shall conform to Section 302 FIRE-RESISTANT CONSTRUCTION of the 2015 International Residential Code and amendments as outlined in Title 16 of these municipal codes.
(Ord. passed 7-23-2002; Ord. 20-12-01, passed 12-15-2020)
§ 152.049 UTILITIES.
(A) Specific area, height and yard regulations for certain public and quasi-public utility uses, including public utility substations and communications towers, may be established by the Village Plan and Zoning Commission and Board of Trustees on a case-by-case basis through the conditional use process.
(B) These regulations shall supersede those in § 152.090.
(C) These regulations shall be set forth with consideration of circumstances unique to the utility uses, including the following.
(1) Required lot areas may be minimal due to the typically small size of utility substation buildings and equipment enclosures. A lot size of 4,000 square feet is a suggested minimum.
(2) Required lot widths may also be minimal due to the small size of buildings and enclosures. A lot width of 40 feet is a suggested minimum.
(3) Lot frontage on a public street may not be necessary since utility substations and communications towers are generally only visited for routine maintenance purposes. In those cases, access may be provided by easement across adjacent lands.
(4) In cases where a lot is replatted for utility use, yard setbacks may be measured from the exterior lot lines of the larger lot. Setbacks may be reduced so long as minimum setbacks along public streets are maintained, visibility along all roadways is maintained, and minimum side yard separation is maintained from other existing or potential structures. Setback requirements may be increased for yards adjacent to residential zoning or uses.
(5) Heights for communications towers may be allowable up to 200 feet, so long as associated distances from residentially zoned or used properties are maintained, and appropriate permits from federal and state agencies are obtained.
(6) Site fencing may be required.
(7) Site landscaping and buffering from adjacent uses may be required.
(8) Minimum distances from residentially zoned or used properties may be required for communications towers.
(9) Other conditions may be imposed consistent with the findings required in § 152.120.
(Ord. passed 7-23-2002)
§ 152.050 OTHER REGULATIONS
Other special regulations shall be as follows.
(A) Visibility at intersections. On a corner lot, nothing shall be constructed, placed planted or allowed to grow in a manner so as to materially impede vision between two feet and seven feet above the mean grade of the lot within a visibility triangle. Further, no person shall permit the continuance of a visibility obstruction within the visibility triangle, as determined by the Zoning Administrator or his or her agent in accordance with this chapter, on any village right-of-way and adjacent to any property owned or controlled by the person after having received notice to remove the obstruction pursuant to this chapter. Any visibility obstruction within the visibility triangle, as determined by the Zoning Administrator or his or her agent in accordance with this chapter, shall be removed at the direction of the Zoning Administrator or his or her agent within ten days of having received notice to remove the obstruction pursuant to this chapter.
(B) Outdoor lighting requirements. All outdoor lighting installed upon private property for commercial, industrial and multi-family uses shall be fully shielded and constructed so that light rays emitted by the fixture are projected below the horizontal plain passing through the lowest point on the fixture from which light is emitted. All outdoor lighting shall be designed and installed so as to minimize uplight, spill-light and glare. The fixture shall be designed and installed so that no light source is visible at a point two feet or higher above ground level at the property line. Illumination beyond the property line shall not exceed 0.50 foot candles at a point five feet above ground level.
(C) Combination and division of zoning lots. Zoning lots shall be subject to the following requirements.
(1) Two or more lots may be combined to create a single zoning lot. Those lots shall be under the same ownership at the time of zoning approval for construction of any structure on the zoning lot. Zoning lots shall be located entirely within one zoning district. Upon construction of a structure or other improvements, the zoning lot shall be considered one lot for development review and zoning purposes.
(2) Creation of a zoning lot shall require imposition of deed restrictions, approved by the village, which irrevocably combine the lots into a single, larger tract or parcel.
(3) Once created, no zoning lot shall thereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold separately from the remainder of the zoning lot, unless permission to do so has been expressly granted by Board of Trustees of the village.
(D) Fences, hedges or walls. A permit is required prior to the installation of fencing.
(1) Fences, hedges or walls not more than four feet in height may project into or enclose any front yard between the right-of-way line and the established front yard setback line. Corner lots are considered to have two front yards for the purposes of these fencing regulations. Fences that project into or enclose any front yard must not be more than 50% opaque.
(2) On a corner lot, the visibility triangle requirements set forth in § 152.050(A) shall also be applicable.
(3) Fences or walls may project into or enclose side or rear yards provided the fences and walls do not exceed a height of six feet in residential districts and eight feet in commercial or industrial districts.
(4) Fences or walls may be allowed to exceed the height requirements in § 152.050(D) along interstate or railroad right-of-way, with approval of the Village Planner, provided the fence or wall does not exceed a height of eight feet.
(5) Fences that project into any required yard must be constructed so that the finished side of the fence faces neighboring properties.
(6) Electrical fences, barbed wire, and spikes are prohibited in all residential districts.
(7) Lots with an approved access approach that is interior to a subdivision and has an additional frontage on an exterior street, the exterior street frontage shall be considered a rear yard for the purposes of these fencing regulations.
(Ord. passed 7-23-2002; Ord. 17-09-02, passed 9-26-2017)
§ 152.051 HOME OCCUPATIONS.
Regulations regarding home occupations shall be as follows.
(A) The occupation or activity shall be clearly incidental and secondary to the use of the premises as a dwelling or residence.
(B) The activities related to the business are carried on principally within a main building by a member of a family residing on the premises.
(C) There shall be no advertising other than an identification sign of not more than one square foot in area, and no other display or storage of materials or external identification of the home occupation.
(D) The use shall not alter or change the exterior character or appearance of the main building.
(E) There shall be no exterior storage of materials or equipment and no exterior indication of the home occupation.
(F) No more than two persons outside the family shall be employed either on- or off-site.
(G) No equipment shall be used which creates offensive noise, vibration, smoke, dust, odors, heat or glare.
(H) No extraordinary or unusual traffic shall be generated by the home occupation beyond the traffic normally expected in a residential neighborhood.
(I) Adequate off-street parking shall be provided for the residential use, each employee, and at least one customer.
(J) A home occupation shall include, but not be limited to, the following:
(1) Art studio;
(2) Dressmaking;
(3) Professional office of a physician, dentist, optometrist, lawyer, engineer, architect, accountant, salesperson, real estate agent, insurance agent or other similar occupation;
(4) Teaching, or tutoring, including musical instruction limited to not more than two pupils at a time;
(5) Day care home; or
(6) Hair dresser or barber.
(K) No item or article is offered for sale except the finished articles as may be produced in the household by members of the immediate family or items and articles as which are pre-packaged products for personal use.
(L) There shall be no more than one home occupation, as defined herein, per dwelling unit.
(M) The total floor area devoted to the use shall not exceed 40% of the gross floor area of the dwelling unit, and not more than 50% of the gross floor area of any story shall be devoted to the accessory use.
(N) The home occupation shall not be conducted in a manner which would cause the premises to differ from its residential character.
(O) The storage of merchandise, supplies or products for off-premises sales is permitted. For the purpose of this section, any products shipped or delivered to the ultimate consumer of the goods or merchandise shall be considered off-premises sales.
(P) There shall be not more than five clients or customers on the premises during any period of 60 consecutive minutes, and not more than 16 customers in any given 24-hour period.
(Ord. passed 7-23-2002)
§ 152.052 ASSISTED LIVING RETIREMENT COMMUNITIES.
Special regulations regarding assisted living retirement communities shall be as follows.
(A) Assisted living retirement communities shall contain not less than two acres located within a planned cohesive tract, and shall include multiple-family type structures to not less than 20 individuals, 80% of which shall be 60 years of age or older.
(B) Multiple-family type structures containing residential units may be provided on a rental basis or on a condominium ownership basis. Each residential until shall have not more than three bedrooms.
(C) The side yard setback shall be not less than eight feet.
(D) Maximum allowable density shall be 15 residential dwelling units per acre.
(E) Parking spaces shall be provided at a rate of one space per bed or two spaces per dwelling unit, as applicable. Parking spaces shall not be located in the required front or side yards.
(F) Not less than 10% of the site shall be open space.
(G) Minimum spacing between buildings shall be 15 feet.
(H) All buildings shall be provided with appropriate fire escape provisions, consistent with the requirements of the International Building Code, latest edition.
(I) A site plan shall be provided for the entire complex, at a scale not greater than one inch equals
100 feet. The site plan shall provide appropriate information concerning existing conditions and proposed facilities, sufficient to confirm compliance with applicable village ordinance.
(J) Assisted living services provided may include assistance with daily living activities such as dressing, grooming, bathing and the like. Services provided may include: common dining areas, social and recreational features, special safety and convenience features designed for the needs of the elderly, and the provision of social services such as meal services, transportation, housekeeping and organized social activities.
(K) The facility shall provide primarily non-medical resident services on a 24-hour a day basis to 20 or more individuals in need of personal assistance essential for sustaining the activities of daily life.
(L) Accessory uses shall not include retail or wholesale outlet, or distribution of goods or merchandise. Common dining rooms and clubhouse type areas shall not be available for rental by nonresidents of the complex.
(M) The site shall be provided with landscaping, site lighting and an internal system of pedestrian pathways. The site shall be provided with adequate, safe and convenient vehicular access. Adequate utilities shall be provided to the site.
(N) No portion of the site shall be further than 250 feet from a fire hydrant. Buildings containing 20 or more residential units shall be provided with appropriate fire alarm/fire suppression systems.
(Ord. passed 7-23-2002)
§ 152.053 STANDARDS FOR DRIVE-THROUGH USES.
A specific land parcel, to be developed with such uses as a drive-through financial institution, drive-through car wash, drive-through restaurant, or similar use that requires a continuous flow of one-way traffic, which has frontage with less than two access drives per frontage, may require one-way traffic around the site, provided one access drive is for entrance only and one access drive is for exit only. These exceptions will apply unless otherwise prohibited by a subdivision plat.
(A) Order boxes and drive-through stacking lanes are prohibited in the required front yard, provided that if the property has more than one frontage on public right of way, the prohibition shall apply only to the required front yard along the street with the higher traffic volume or road classification.
(B) No drive-up window or order box shall be located on the front facade of the building, provided that if the property has more than one frontage on public right of way, the prohibition shall only apply to the facade facing the street with the higher traffic volume or road classification.
(C) Drive-through facilities shall provide a stacking lane for the stacking of automobiles waiting to drive through the facility. The space directly adjacent to the drive-up window is considered a stacking space. Each stacking space for automobiles shall be nine feet in width and 20 feet in length. Such stacking lanes shall not include any portion of any access aisles or driveway for off-street parking lots and shall not encroach in any required front yard except as allowed in § 152.053(A)(1).
(D) Drive-through restaurants shall provide a minimum of eight stacking spaces in the required stacking lane per pick-up window.
(E) All other drive-through uses, including but not limited to, car washes, dry cleaners, financial institutions, and automatic teller machines, shall provide a minimum of four stacking spaces per drive-up window.
(F) This requirement shall not be applied to service/gas stations, except to those which have drive-through car washes. Only the car wash portion of the use shall be subject to the stacking requirement.
(G) The Village Planner and Village Engineer may reduce the required number of stacking spaces by up to two spaces.
(H) Drive-through facilities shall submit a site plan for review and approval by the village.
(I) The Village Planner and Village Engineer may authorize deviations from these requirements provided there are unique site conditions and the proposed design will not affect safe vehicular movement on and off the site.
(Ord. 17-09-02, passed 9-26-2017)
§ 152.054 ANIMAL USE REQUIREMENTS.
Any building or portion of a building used for animal boarding, animal daycare, or other animal containment uses relating to an approved commercial establishment shall be subject to the following requirements:
(A) The Village Planner may require soundproofing when sound produced by the establishment is clearly audible beyond the boundary line of the property.
(B) The animals and facility must be kept free of odors or stench which is offensive to a person of ordinary sensibility detectable beyond the boundary line of the property.
(Ord. 17-11-06, passed 11-28-2017)
§ 152.055 STANDARDS FOR MULTIPLE- FAMILY RESIDENTIAL DEVELOPMENT.
Any multiple-family residential dwelling development on a property of 20,000 square feet or larger and/or which contains any principle building with more than four dwelling units must comply with the following standards and all other applicable standards in this chapter, unless the use is approved by issuance of a conditional use permit in which alternative standards are determined. Multiple-family residential dwelling developments that exceeds 16 dwelling units must obtain a conditional use permit to establish the use.
(A) Development standards:
(1) Maximum building height: 2 stories and 30 feet.
(2) Minimum building setback: Front 25 feet, side 25 feet, and rear 25 feet.
(3) HVAC equipment: No HVAC equipment shall be visible from adjacent property lines including surrounding rights-of-way. Landscaping or fence screening may be provided but only when approved by the Village Planner.
(4) Dumpsters shall be screened via a privacy fence.
(B) Perimeter landscaping requirements:
(1) Minimum landscaping: One shade tree and three shrubs must be planted and maintained within the building setback for every 40 linear feet along the length of the property lines.
(C) Conditional use permit.
(1) Guidelines. In making a legislative determination to issue a conditional use permit for a multiple-family residential dwelling development, the following guidelines may be considered:
(a) The availability of permanent open spaces, including public parks, golf courses, schools and similar such uses in proximity to the subject property.
(b) The availability of permanent open spaces and recreational facilities located on the site.
(c) The relationship of the site to all aspects of the village transportation system, including sidewalks, bike paths and streets.
(d) The extent to which the multiple-family residential use of the site will promote balanced growth in the community, provide an opportunity for equal housing opportunities, provide a variety of housing types and meet a need for the type(s) of housing proposed.
(e) The suitability of the site plan presented for the proposed multiple-family residential use.
(2) Site plan. An application for a conditional use permit to establish a multiple-family residential use shall be accompanied by a site plan which shall be reviewed and approved by the Board of Trustees.
(Ord. 20-07-05, passed 7-28-2020; Ord. 20-12- 01, passed 12-15-2020)
§ 152.056 CHICKENS (HENS ONLY).
Any residential property used to raise chickens shall be subject to the following requirements:
(A) No person shall possess a chicken unless a license has been issued as set forth in this section.
(B) The number of chickens allowed shall be a maximum of six hens per permitted property.
(C) Roosters are prohibited within the village limits.
(D) Coops and associated runs are considered an accessory structure as defined in § 152.046 and must meet all standards outlined therein.
(E) Permit required. Construction for all coops and runs require a building permit.
(F) Care. Care for hens shall follow the following provisions:
(1) A coop and run must be provided.
(2) No hen shall be permitted to run at large. Hens shall be kept in a designated coop or run. Hens may be allowed to exercise in a rear yard with a six foot or higher fence with supervision.
(a) If the coop and run are not within a fenced yard, hens must be kept within the coop and run at all times.
(b) All fencing must meet the standards outlined in § 152.050(D).
(3) Feed must be stored in a fully enclosed, rodent-proof container.
(G) Housing. Housing for hens shall follow the following provisions:
(1) Location. Coops and runs shall be located only in the rear yard of a primary residential structure.
(2) Setbacks. Coops and runs shall be located at least ten feet from the property line and at least 20 feet from any neighboring dwelling.
(3) Height. Maximum height for a chicken coop shall be ten feet.
(4) Design. The coop must be built to provide ventilation, shade, protection from precipitation, protection from cold weather and to be secure from predators, wild birds and rodents.
(a) Openings in windows and doors must be covered by wire mesh or screens to deter predators.
(b) Access doors must be sized and placed for ease of cleaning.
(c) The enclosed run must be attached to the coop or must surround the coop. The sides of the run must be made of fencing or wire mesh that discourages predators.
(d) The run must be enclosed on all sides, including the top or roof plane.
(5) Size. The coop shall provide a minimum of five square feet of floor area per hen. The run shall provide a minimum of ten square feet of floor area per hen.
(6) Maintenance. The coop and run shall be kept in a clean, dry and sanitary condition at all times. Manure, uneaten and discarded feed, feathers and other waste must be removed regularly and at a minimum of once per week.
(a) Odors from hens, manure or related substances shall not be detectable from property lines.
(b) Manure must be stored and disposed of. Manure may be composted. All manure not composted must be removed from property regularly and at a minimum of once per week.
(c) Waste from hens shall not be burned.
(H) License. Licenses will only be granted to persons who reside on and own parcels with established single-family and two-family dwellings. No person shall establish a coop without first obtaining a license from the village. Licenses shall be issued when all conditions outlined in this section are met.
(1) The village may deny a license to any person who:
(a) Owes money to the village; or
(b) Has, in the last five years prior to application for a license under this section been convicted or pled guilty to any violation of the Village Code regarding animals, noise, property maintenance or zoning.
(2) All licenses pursuant to this section shall be valid for up to one year from the date of issuance and may be automatically renewed on May 1 annually if the licensee has been in compliance during the previous year. If the licensee is found to be in violation of the standards outlined in this section, the license will be allowed to expire at the end of the period. A new license will only be issued after the coop and run have been inspected and determined to meet all requirements outlined herein.
(3) If the licensee is found to be in violation of § 92.04, the license will be immediately and permanently revoked.
(4) Only one chicken coop license will be issued per zoning lot. A zoning lot consisting of multiple platted lots shall be considered one lot.
(5) Coop licenses are non-transferrable.
(6) Fee. The coop license fee shall be set from time to time by resolution of the Village Board of Trustees. This license shall renew automatically if the licensee is in compliance with all standards set forth in this section. No charge is incurred for licenses that renew automatically.
(1) A person found to be keeping hens without a coop license will have seven days from notification to achieve compliance with these standards.
(2) A licensee found to be in violation of the standards outlined in this section will have seven days from notification to achieve compliance. If compliance is not achieved, the license will be revoked. The licensee may apply for a new license, subject to site inspection. If the licensee is found to be in compliance after inspection, a new license may be issued.
(3) If the licensee is found to be in violation of these standards three or more times, the license will be immediately and permanently revoked.
(4) Hens, coops and runs not maintained according to this section shall be deemed a public nuisance.
(Ord. 20-09-03, passed 9-22-2020)