Newburgh City Zoning Code
GENERAL PROVISIONS
§ 157.065 LANDSCAPING.
(A) Purpose. The landscaping and screening requirements specified herein are intended to foster aesthetically pleasing development which will protect and preserve the appearance, character, health, safety and welfare of the community. Specifically, these regulations are intended to increase the compatibility of adjacent uses, and, in doing so, minimize the harmful impact of noise, dust and other debris, motor vehicle headlight glare or other artificial light intrusions, and other objectionable activities or impacts conducted or created by an adjoining or nearby use.
(B) Enforcement of landscape requirements. Wherever the submission and approval of a landscape plan is required by this chapter, such landscape plan shall be an integral part of any application for an improvement location permit. No improvement location permit shall be issued without town approval of a landscape plan as required herein. Failure to implement the approved landscape plan shall be cause for revocation of the occupancy permit.
(C) Landscape plan.
(1) Landscape plan required. A landscape plan shall be required for all exterior construction and development activity. Such landscape plan shall be drawn in conformance with the requirements specified in this section. Landscape plans must be approved by the Zoning Administrator prior to the issuance of a building permit for exterior construction and development. The construction of detached single-household and two-household residences shall be exempt from this requirement.
(2) Content of landscape plan. All landscape plans submitted for approval shall contain or have attached thereto the following information:
(a) The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and rights-of-way, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, tot lots and other recreational facilities, and other freestanding structural features as determined necessary by the Administrator;
(b) The location, quantity, size and name, both botanical and common names, of all proposed planting materials;
(c) The location of existing buildings, structures and plant materials on adjacent property within 100 feet of the site;
(d) Existing and proposed grading of the site, including proposed berming, indicating contours, at one-foot intervals;
(e) Specification of the type and boundaries of all proposed ground cover;
(f) The location, quantity, size and name, both botanical and common names, of all existing planting materials;
(g) Elevations of all fences proposed for location on the site; and
(h) Elevations, cross-sections and other details as determined necessary by the Administrator.
(D) Selection, installation and maintenance of plant materials.
(1) Selection.
(a) Planting materials used in conformance with the provisions of this section shall be of good quality, of a species normally grown in the state, and capable of withstanding the extremes of individual site microclimates.
(b) Size and density of plant material, both at the time of planting and at maturity, are additional criteria which must be considered when selecting plant materials.
(2) Installation. All landscaping materials shall be installed in accordance with the current planting procedures established by the American Association of Nurserymen.
(3) Maintenance.
(a) Responsibility. The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping materials and barriers, including refuse disposal areas, as may be required by the provisions of this section.
(b) Landscaping materials. All landscaping materials shall be maintained in good condition so as to present a healthy, neat and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris.
(c) Fences and walls. Fences, walls and other barriers shall be maintained in good repair.
(E) Design criteria. Landscape plans described above shall be prepared based on the following design criteria. The evaluation and approval of landscape plans shall also be based on these design criteria.
(1) Scale and nature of landscaping material. The scale and nature of landscaping materials should be appropriate to the size of the structures. Large scaled buildings, for example, should generally be complemented by larger scaled plants.
(2) Selection of plant material. Plant material should be selected for its form, texture, color and concern for its ultimate growth. The use of weak-wooded and nuisance species, including but not limited to silver maples, box elders, Russian olives, tree of heaven, mulberry, Lombardy poplars, cottonwood, honey locusts and other similar species shall be avoided.
(3) Evergreens. Evergreens should be incorporated into the landscape treatment of a site, particularly in those areas screening parking lots from dedicated public rights-of-way or property zoned for residential use.
(4) Shade trees. All shade trees shall have a minimum trunk size of two and one-half inches in diameter upon installation, as measured six inches above the established ground level.
(5) Softening of walls and fences. Plant material should be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect.
(6) Planting beds. Planting beds should be mulched with bark chips, feather rocks or similar materials.
(7) Detention/retention basins and ponds. Detention/retention basins and ponds shall be landscaped. Such landscaping should include shade and ornamental trees, evergreens, shrubbery, hedges and/or other planting materials.
(8) Watering plant material. A permanent means of watering plant material should be provided. Installation of an automatic underground sprinkling system is recommended.
(9) Energy conservation.
(a) Deciduous trees should be placed on the south and west sides of buildings to provide shade from the summer sun.
(b) Evergreens and other plant materials should be concentrated on the north side of buildings to dissipate the effect of winter winds.
(10) Preservation of existing plant material. Existing plant material should, wherever practical as determined by the Zoning Administrator, be incorporated into the landscape treatment of a site.
(11) Berming. Earthen berms and existing topography should be, whenever determined practical by the Zoning Administrator, incorporated into the landscape treatment of a site, particularly when combined with plant material to facilitate screening.
(F) Right-of-way landscaping.
(1) Applicability. Where a parcel abuts a dedicated public right-of-way, landscaping shall be provided in accordance with the provisions of this section.
(2) Graded and sodded. The unpaved portion of a public right-of-way shall be fine graded and sodded.
(3) Parkway trees.
(a) Quantity. Parkway trees shall be provided at the equivalent of not more than 40 feet apart in the right-of-way adjacent to the parcel.
(b) Spacing. Such trees may be clustered or spaced linearly in the right-of-way as determined appropriate by the Administrator.
(c) Size. Parkway trees shall have a minimum trunk size of two and one-half inches in diameter, as measured six inches above the established ground level.
(d) Species. Parkway trees shall be limited to the following species. However, a variety of compatible species from this list should be included in the planting plan for a specific site or development:
1. Linden;
2. Maple (excluding silver maple and other similar softwood species);
3. Hackberry;
4. Oak;
5. Ash; and
6. Other species of appropriate trees.
(e) Other landscape material. No plant material or barriers, except as specified herein, may be located in a dedicated public right-of-way.
(G) Parking lot landscaping.
(2) Interior parking lot landscaping.
(a) Area required. Not less than 10% of the interior of a parking lot shall be devoted to landscaping.
(b) Landscaped areas. The landscaped areas defined in division (G)(2)(a) above, shall be delineated and improved in conformance with the following:
1. Interior parking lot landscaping areas (planting islands) shall be dispersed throughout the parking lot in a design and configuration satisfactory to the Administrator;
2. Interior parking lot landscaping areas shall be a minimum of 120 square feet in area and shall be a minimum of seven feet in width, as measured from back of curb to back of curb; and
3. Landscape material: the plant material used to improve the landscape areas defined above shall conform to the following:
a. Type. The primary plant materials used in parking lots shall be shade tree species in conformance with division (E)(2), (E)(3) and (E)(4) above. Ornamental trees, shrubbery, hedges and other plant materials may be used to supplement the shade tree plantings, but shall not be the sole contribution to such landscaping.
b. Quantity. One shade tree shall be provided for every 120 square feet of landscaping area.
c. Ground cover. A minimum of 50% of every interior parking lot landscaping area shall be improved with approved ground cover, as determined appropriate by the Administrator.
(3) Perimeter parking lot landscaping. Where a parking lot is located within a required yard, or within 20 feet of a lot line, perimeter landscaping shall be required along the corresponding edge of the parking lot in conformance with the following provisions.
(a) Landscape area. Where perimeter landscaping is required, it shall be provided within landscape areas at least five feet in width, as measured from the back of curb and excluding any parking space overhang area.
(b) Requirements along front and corner side yards.
1. Across from residential property. Where a parking lot is located across a dedicated public right-of-way from property zoned for residential use the following landscape improvements shall be required.
a. Plant material. Continuous landscaping of evergreen or dense deciduous shrubs shall be provided across 100% of the street frontage to a minimum height of four feet. The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet. In addition, shade or ornamental trees shall be provided within this landscape area, with the number of trees not less than one tree per 50 feet of frontage with the number of trees required, rounded to the nearest whole number. Additional plantings may be provided, subject to the approval of the Administrator. Plantings may not be sited so as to restrict the view of traffic or so as to impede on-coming ingress or egress from the site.
b. Ground cover. Except where occupied by planting beds, all landscaping areas located in front and corner side yards shall be sodded or planted with another comparable ground cover as determined appropriate by the Administrator.
2. Across from nonresidential property. Where a parking lot is located across a dedicated public right-of-way from property zoned for nonresidential use the following landscape improvements shall be required.
a. Plant material. Landscaping of evergreen or dense deciduous shrubs shall be provided across 50% of the street frontage to a minimum height of four feet. The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet. Additional plantings may be provided, subject to the approval of the Administrator.
b. Ground cover. Except where occupied by planting beds, all landscaping areas located in front and corner side yards shall be sodded or planted with another comparable ground cover as determined appropriate by the Administrator.
(c) Requirements along rear and interior side yards.
1. Plant material. Where a parking lot abuts property zoned for residential use, the requirements of divisions (G)(3)(a) and (G)(3)(b) shall apply. Where a parking lot abuts property zoned for nonresidential use, landscaping shall be provided across 50% of that portion of the parking lot abutting the property line to a minimum height of four feet. The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet. Such plantings shall be concentrated into shrub masses, typically containing seven to nine shrubs per shrub mass. Additional plantings may be provided, subject to the approval of the Administrator.
2. Ground cover. Except where occupied by planting beds, all side and rear yard perimeter parking lot landscaping shall be sodded, seeded or planted with another comparable ground cover, as determined appropriate by the Administrator.
(Ord. 1997-1, § 130.3(A), passed 1-22-1997)
§ 157.066 FENCES, WALLS AND HEDGES.
(A) Permit required. No person shall erect or substantially alter a fence or wall in the town without having first obtained a permit issued by the Administrator. In the case of fences and walls which are erected on the property of another by a commercial organization or business, it shall be the obligation of that organization or business to obtain the permit. No permit shall be issued by the town until the Administrator has determined that the proposed fence or wall complies with applicable regulations hereinunder and with all other applicable laws and chapters of the town.
(B) General restrictions and prohibitions.
(1) No private fence, wall or hedges shall be erected or planted within the right-of-way of any public street, highway, parkway or alley. However, in the A1, R1 or R2 Residential Districts, fences and hedges or other plantings may be constructed or planted up to the edge of the resident’s side of any sidewalks. Where no sidewalk exists, plantings may be placed not closer than four feet from the curb or edge of the traveled portion of the roadway, without approval of the Town Council, but no such planting shall interfere with, obstruct the view of or create a safety hazard for any motor vehicle being driven, whether on private property or on a public street. All improvements made by residents shall be maintained by the resident and the town shall have the right to require the removal of any fence or hedge on a public right-of-way at no cost to the town.
(2) No fence or wall shall be maintained or erected if it is constructed with any material which is likely to inflict bodily harm should a person or animal come in contact with the fence or wall. Materials covered by this prohibition, include, sharp or ragged metal spikes or spears. Barbed wire may be used only as expressly authorized below.
(3) No wall which interrupts, impedes or otherwise alters the natural flow of water shall be erected in any residential district.
(4) No barbed wire or barbed wire fences shall be erected in any residential district.
(5) All fences and walls shall be erected in conformity with the wind and stress resistance requirements of the building codes, ordinances and laws of the town.
(6) All fences shall be erected so that their finished side faces out, and the unfinished side faces the property of the person who has caused said fence to be erected.
(7) All fences, walls and hedges shall be maintained in good, structurally sound repair and in neat, clean and attractive condition.
(8) All hedges shall be planted and maintained so that the hedge will not overhang or interfere with the use of a public way such as a sidewalk, alley or street.
(9) No person shall plant, construct or maintain upon any land or premises within the town, any hedge, wall, fence or other structure or object which will interfere with, obstruct the view of or create a safety hazard for any motor vehicle being driven, whether on private property or on a public street.
(10) The restrictions applicable to residence districts shall also apply to the “O” Limited Office District in all cases.
(11) Fences, walls, and hedges may be placed or maintained within side yards, excluding corner side years, and rear yards of residentially zoned property, subject to height and other requirements set forth herein.
(C) Height restrictions; fences and walls.
(1) Front yards. No fence or wall which exceeds 40 inches in height above ground level shall be erected in the front or corner side yards of any residential structure in the A1, R1, R2, R3 and R4 Residential District.
(2) Side and rear yards. No fence or wall which exceeds 72 inches in height above ground level shall be erected in side yards or in rear yards of any residential structure in the A1, R1, R2, R3 and R4 Residential Districts. Fences which are located in side and rear yards which abut business districts may not exceed 96 inches above ground level.
(3) Commercial districts. No fence which exceeds 96 inches in height above ground level shall be erected on premises in commercial districts. The use of barbed wire is prohibited except that the top 12 inches of any fence in C4 Highway Large Scale District may be constructed of barbed wire.
(4) Pool fences. All pools must be contained within a fenced enclosure of not less than 60 inches in height, and such fence shall be designed to prohibit unrestricted access to the pool.
(D) Exemptions. Fences, walls and hedges legally in existence at the time of adoption of this chapter which are not in violation of division (B)(1), (B)(2) or (B)(3) above, and which do not present a safety hazard to pedestrian or vehicular traffic, and which do not prevent accessibility by emergency vehicles, but which violate other provisions of this section may continue to be maintained and to exist, but may not be replaced if 50% or more of the fence, wall or hedge is either destroyed or removed.
(E) Nonconforming fences, walls and hedges. Nonconforming fences, walls and hedges not exempted, above, shall be subject to repair or removal. If, following inspection by the Administrator, any fence, wall or hedge in said Administrator’s determination does not meet the requirements herein, the Administrator shall order the owner or occupier of the premises to make the necessary repairs, improvements or to remove the fence, wall or hedge. A reasonable period of time shall be provided to make the repairs, based upon the nature, extent and cost of such repairs, improvements or removals. Should the aforesaid owner or occupant fail to make the requested repairs, improvements or removal within the time provided, said owner or occupier shall be in violation of these regulations, and the town shall be authorized to undertake the necessary repairs, improvements or removal at the expense of said owner or occupier.
(Ord. 1997-1, § 130.3(B), passed 1-22-1997; Ord. 2001-14, passed 8-22-2001; Ord. 2019-11, passed 11-26- 2019)
§ 157.067 TEMPORARY USES.
(A) Temporary uses, as defined in this chapter, shall be permitted in all zoning districts, subject to the restrictions and standards established in this chapter, provided that any temporary use or structure shall meet the bulk regulations and parking requirements established in this section. No temporary use or structure shall continue for such a length of time that it constitutes in effect a permanent use. Recurring temporary uses and structures, where the same temporary use or structure is established on the property on an annual basis or other regular period basis, shall be allowed and treated as conditional uses and shall be subject to the regulations established in this chapter.
(B) Restrictions on temporary uses shall not apply to any use which is conducted entirely on private residential property, operated by the person, company or organization owning the property, provided that the duration of the temporary use does not exceed 48 hours and is repeated not more than four times a year, except it shall be unlawful for any person, association, organization, business, firm or corporation to conduct, or cause to be conducted, a yard or garage sale at any one location for more than three days in duration, on more than four separate occasions in any 12-month period. YARD SALE or GARAGE SALE is defined as the sale, offering for sale, bartering or exchanging of new or used goods at a location other than on property zoned for such activity.
(C) Notwithstanding division (B) above, any tent, trailer or structure subject to the requirements of this chapter and intended or used for human occupancy shall comply with the Electric Code and Fire Prevention Code of the town and shall not be used or occupied until a certificate of occupancy has been received from the Administrator.
(D) Temporary uses and structures subject to administrative approval. The following temporary uses and structures are permitted in any zoning district if they meet the requirements of this chapter and receive a temporary use permit from the Administrator:
(1) Construction trailers, equipment storage sheds and portable lavatories provided that:
(a) The trailer, shed or portable lavatory is incidental to the construction of a building development;
(b) The trailer, shed or portable lavatory is located on the same lot as the building development, an abutting lot or such other location as approved by the Administrator;
(c) The trailer, shed or portable lavatory shall remain on the property no longer than the time of construction; and
(d) The trailer, shed or portable lavatory will be located no closer than 20 feet from any other property located in a residential district.
(2) Christmas tree sales lots, provided that:
(a) The use is located on a lot that fronts a collector or arterial street;
(b) The use is located on a vacant lot or parking area;
(c) The trees are located at least 25 feet from any structure on another lot;
(d) Trees remaining on hand after December 25 shall be removed from the premises no later than 15 days after December 25; and
(e) A refundable bond, in an amount established by the Town Council, is posted with the town.
(3) Art, craft and book sales;
(4) Sidewalk sales; and
(5) Yard/garage sales.
(E) Temporary uses and structures subject to approval by the Administrator. The following temporary uses and structures, and any other temporary uses and structures not specified in this section above are permitted only upon approval by the Administrator and based upon the standards set forth below:
(1) Carnivals and festivals, provided that:
(a) Trailers and other equipment do not block driveways or other points of emergency vehicular access to any property;
(b) Trailers and other equipment do not block a public street, alley or sidewalk; and
(c) The operation will be located entirely within the private or public property designated for the event.
(2) Vendors’ carts and stalls, provided that:
(a) The cart or stall will be located on a lot in the town core district;
(b) The cart or stall will be located between the principal building and a public street; however, the cart or stall shall not block a public sidewalk;
(c) The cart or stall will not block a driveway or other point of emergency vehicular access to any property;
(d) The vendor has the express written consent of the owner of the property to place the cart or stall on the property; and
(e) Where operating on a public right-of-way or public property, the vendor shall maintain an insurance policy which designates the town as the insured party against any liability for personal injuries or property damage.
(3) Produce and farmer’s markets; and
(4) Sidewalk cafés, when accessory to restaurants operating entirely within enclosed buildings.
(Ord. 1997-1, § 130.3(C), passed 1-22-1997) Penalty, see § 157.999
§ 157.068 SATELLITE DISH ANTENNAS.
Satellite dish antennas are permitted in all districts subject to the following restrictions.
(A) Conditional use permit required. All installations of satellite antennas dishes (herein “dish”) shall be considered extraordinary structures; and may only be installed upon obtaining a conditional use permit and a building permit prior to commencing installation.
(B) Permit issuance criteria; residential districts. No conditional use permit or building permit shall be granted for a satellite dish in Districts A1, R1, R2, R3 and R4, unless:
(1) All installations shall exhibit architectural quality; coloration to blend with surroundings and structural integrity. Experimental or temporary installations, inferior materials and questionable stability are not permitted. In every case, the entire installation shall be compatible with the character of the surrounding area of the town and shall have no adverse impact on the property, the neighborhood or general public. Permanent foundations shall be adequate for anticipated wind loads. Electrical connections shall be low voltage direct, except where the device connected is Underwriter’s Laboratory approved, in which case alternating current will be allowed to code requirements. Consideration shall be given to protection of children as in the case of an attractive nuisance;
(2) The smallest practical size shall be used for any dish. Such dish shall be of a size no greater than eight feet in its maximum dimension. Any such dish shall be mounted as close to the ground as possible, and shall not raise from the ground in excess of ten feet in height at its maximum point. Elevated installations on poles or roofs are prohibited;
(3) The construction and installation of a satellite dish shall strictly conform to all town ordinances. Once the dish is installed, it shall be maintained and the condition of the dish shall not be allowed to deteriorate or fall into disrepair;
(4) The applicant demonstrates that the proposed location is such that during all seasons, no part of the dish structure will be visible to the general public from a point that is between the ground level and ten feet above ground level on surrounding property. This provision is satisfied by the installation of a screen for the dish at the time of installation;
(5) No more than one such satellite dish may be installed on a single zoning lot;
(6) In every case, the installation shall be located in the rear yard. The location shall not be in the required setback areas, unless encroachment in the required side or rear setback areas provides an acceptable location if otherwise conformity with all of the other provisions of this section. In such case, a variation is required, and the applicant shall file a petition with the Board of Zoning Appeals; and
(7) In the event that compliance with this section prevents the reception of satellite signals by satellite receiver antennas, a variance from this section may be granted by the Board of Zoning Appeals.
(C) Conditional use permit issuance; nonresidential districts. No conditional use permit or building permit shall be granted for satellite dishes in a nonresidential district unless:
(1) The applicant demonstrates that the intended use is authorized under applicable federal law;
(2) The smallest practical size shall be used for any dish. Such dish shall be of a size no greater than eight feet in its maximum dimension. Any such dish to be mounted on a rooftop shall be reviewed by a licensed engineer or architect. No installation shall exceed the height of any existing structure on the building or surrounding buildings; provided that the overall height of the satellite dish does not exceed 35 feet from ground to the top of the antenna. Elevated installations on poles are prohibited. Any such dish shall be mounted as close to the ground or roof as possible and shall not be more than ten feet in height from the ground or roof to its highest point;
(3) The construction and installation of a satellite dish shall strictly conform to all town ordinances. Once the dish is installed, it shall be maintained and the condition of the dish shall not be allowed to deteriorate or fall into disrepair;
(4) The applicant demonstrates that the proposed location is such that during all seasons, no part of the dish structure will be visible to the general public from a point that is between the ground level and ten feet above ground level on surrounding property. This provision is satisfied by the installation of a screen for the dish at the time of installation. For purpose of rooftop installations, no part of the dish structure shall be visible from the ground;
(5) No more than one such satellite dish may be installed on a single zoning lot;
(6) Where nonresidential property abuts residential property, it must comply with the location requirements of division (B)(4) above on the abutting side;
(7) All installations shall exhibit architectural quality; coloration to blend with surroundings, and structural integrity. Experimental or temporary installations, inferior materials and questionable stability are not permitted. In every case, the entire installation, including coniferous plantings, shall be compatible with the character of the surrounding area of the town and shall have no adverse impact on the property, the neighborhood or general public. Permanent foundations shall be adequate for anticipated wind loads. Electrical connections shall be low voltage direct, except where the device connected is Underwriter’s Laboratory approved, in which case alternating current will be allowed to code requirements. Consideration shall be given to protection of children as in the case of an attractive nuisance; and
(8) In the event that compliance with this section prevents the reception of satellite signals by satellite receiver antennas, a variance from this section may be granted by the Board of Zoning Appeals.
(D) Procedure.
(1) An application for a conditional use permit for installation of a satellite dish shall be obtained from the office of the Administrator. The Administrator may approve the application if it meets the requirements of this chapter.
(2) Where a variation, pursuant to division (B)(7) above or this chapter is requested or required, the application shall be submitted to the Board of Zoning Appeals for review and final decision.
(E) Application. In all requests for conditional use permits, the application shall include all items generally required for the actions sought (i.e., applicable fees, conditional use permit, building permit, zoning variation and the like), plus the following:
(1) Plot plan showing proposed location and dish projection at extremes of the satellite band to be viewed. This requirement will be satisfied by drawing radial lines from a point representing the pivot point of the dish to each end of the satellite band, then drawing a line perpendicular to each radial at a distance scaled to the distance between the rim of the dish to the pivot point. Each perpendicular line shall be scaled to the diameter of the dish to show its maximum protection on the plan at the extremes of its satellite scan. Compass directions will be adequate for this requirement;
(2) Plans and specifications for the installation, including elevations, dish configurations, mount and foundation;
(3) Complete description of any vegetation on the property;
(4) Landscape plan for screening the installation from street view; and
(5) Location of principal structures on adjacent lots.
(F) Roof and other antennas.
(1) Roof mounted TV antennas are permitted in all districts, subject to the following restrictions.
(a) Number. The number of antennas permitted per principal structure shall conform to the following:
1. One antenna per single-household detached dwelling;
2. One antenna per individually serviced single-household attached or duplex dwelling;
3. One antenna per multi-household building;
4. One antenna per commercial use, whether freestanding or part of a multi-use building; and
5. The number of antennas per conditional use shall be controlled by conditional use permit.
(b) Dimension. The maximum dimension, whether height, length or diameter, of any antenna shall not exceed ten feet.
(c) Mounting. No antenna shall be mounted on the roof at the front of the house.
(d) Other. Any TV antenna which does not meet the requirements division (F)(1)(a) through (F)(1)(c) above, shall be considered a conditional use. In considering the granting of this conditional use the Board of Zoning Appeals shall find that, in addition to all other standards for conditional uses, the rooftop television antenna will be located so as to minimize its visibility from other properties.
(2) Amateur radio facilities: antennas and support structures for amateur radio operators which are licensed by the Federal Communications Commission may be allowed, subject to particular zoning district regulations, provided that such antennas, whether mounted on a rooftop or on the ground, shall not extend more than 20 feet above the maximum height for permitted uses in the district.
(Ord. 1997-1, § 130.3(D), passed 1-22-1997)
§ 157.069 BUSINESS VEHICLE PARKING.
(A) Commercial vehicles and equipment, other than those used in the principle use, may not be parked or stored on property in an A1, R1, R2, C1, C2, C3 or C4 District. Vehicles designed and intended for agricultural use are permitted in agricultural zoning districts.
(B) A business vehicle with a declared gross vehicle weight of not more than 11,000 pounds may be parked on residential property when used as a commuter vehicle by the owner or resident of the premises. However, said vehicles while parked on the property may not be loaded with trash or debris.
(Ord. 1997-1, § 130.3(E), passed 1-22-1997)
§ 157.070 HOME OCCUPATIONS.
(A) Purpose and intent. The purpose of this section is to permit the establishment of home occupations that are compatible with the residential districts in which they are located.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
HOME OCCUPATION. An accessory use of a dwelling unit which is:
(a) Used for gainful employment that involves the assembly, processing or sale of goods and/or services; and is
(b) Incidental and secondary to the residential use of the structure and does not change the essential residential character of the dwelling unit; and
(c) Does not include garage/yard sales or home parties that are held for the sale of goods or services whose number of sales events exceeds four a year.
(C) General requirements and performance criteria. All home occupations shall comply with the following standards.
(1) The entrepreneur of every home occupation shall reside in the dwelling unit in which the business operates.
(2) The use shall be conducted entirely within a completely enclosed structure.
(3) The home occupation shall not interfere with the delivery of utilities or other services to the area.
(4) The activity shall not generate any noise, vibrations, smoke, dust, odor, heat, glare or electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a dwelling unit in a zoning district used solely for residential purposes.
(5) No toxic, explosive, flammable, radioactive or other restricted materials shall be used, sold or stored on the site.
(6) There shall be no alteration of the residential appearance of the premises, including the creation of a separate or exclusive business entrance(s) or use of signage to identify the business beyond that expressly allowed in residential districts.
(7) No more than five people at one time shall avail themselves of the service provided by the home occupation use at a given dwelling unit; or no more than 12 people shall avail themselves of the provided service during a 24-hour period.
(8) No clients/pupils shall be permitted between the hours of 10:00 p.m. and 7:00 a.m.
(9) No visible outdoor display or storage of materials, goods supplies or equipment shall be allowed.
(10) The home occupation shall, at all times, comply with all other applicable laws and ordinances.
(11) The home occupation shall not cause a significant increase in the amount of traffic or parking on the particular residential street.
(12) The total area used for such home occupations shall take up no more than 15%, or 300 square feet (whichever is greater), of the structure it occupies. In no case shall a parking space within a garage be used to fulfill this area allowance.
(D) Permitted home occupations. The following uses, because of their low-impact nature, and because they do not detract from the residential character of a neighborhood, provided they comply with the limitations set forth herein, are permitted subject to the general requirements and performance criteria specified in divisions (B) and (C) above.
(1) Attorney, CPA, salesperson, architect/landscape architect, interior designer, graphic artist, dog grooming, word processor and consultant for the purpose of preparing documents and drawings, and doing business by phone only;
(2) Artist studios, provided no retail business is conducted on the premises;
(3) Child and adult day care homes provided that they comply with all applicable home occupation regulations. However, child day care homes which do not comply with these home occupation regulations may be allowed in zoning districts where they are listed as special uses and are approved pursuant to the procedures set forth by the Board of Zoning Appeals;
(4) Mail or telephone businesses, for receipt of mail orders only. Business must be conducted entirely by mail and/or telephone;
(5) Teaching/instruction, limited to five pupils at a time;
(6) Seminar groups up to a maximum of four times a year, not to exceed 28 days per year;
(7) One chair barber or beauty shop; and
(8) Other uses with impacts similar to those listed in this section as determined by the Zoning Administrator.
(E) Prohibited home occupations. Certain uses have a demonstrated tendency to impair the uses and value of a residential district because of their tendency to expand beyond the limits permitted for home occupations. For this reason, the following uses, regardless of their compliance with the standards in divisions (B) and (C) above are prohibited as home occupations:
(1) Any repair or rental shop operating on or from the premises such as repair or painting of autos, trailers, boats and other equipment repair or rental;
(2) Any wholesale or retail business of any kind involving in-person transactions on the premises;
(3) Animal hospitals, kennels, stables or bird keeping facilities;
(4) Multiple-chair barber shops; beauty parlors; or massage parlors;
(5) Clubs, including fraternity and sorority;
(6) Funeral chapels or homes;
(7) Medical or dental clinics, or general practice of medicine or dentistry;
(8) Nursing homes;
(9) Restaurants;
(10) Warehousing;
(11) Welding or machine shops; and
(12) Other uses with impacts similar or greater to those listed in this section as determined by the Zoning Administrator pursuant to § 157.049(A)(3).
(F) Provisions for the handicapped. Persons with a medically certified physical handicap may be permitted a variance by the Board of Zoning Appeals to allow a prohibited home occupation.
(Ord. 1997-1, § 130.3(F), passed 1-22-1997)
§ 157.071 ACCESSORY USES AND STRUCTURES.
This section establishes regulations governing the type, size, character and location of accessory uses and structures.
(A) Authorization. Subject to the limitations of this section, accessory uses and structures are permitted in any zoning district in connection with any principal use lawfully existing within such district.
(B) General provisions for accessory uses and structures.
(1) No accessory use or structure shall be approved, established or constructed before the principal use is approved in accordance with these regulations.
(2) Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use; accessory uses shall not include a kennel or an accessory building for the keeping or the propagation of livestock. However, dog runs shall be permitted as an accessory use.
(3) No accessory building, unless it conforms with the required conditions for accessory buildings for authorized special uses, shall be located within ten feet of the nearest wall of the principal building.
(4) No accessory building shall be located within the required front or side yard on the lot including the required side yard of a corner lot which is adjacent to the street, nor between the front of the building and the front lot line.
(5) In residence districts, an accessory building in a rear or side yard shall be at least three feet from any property line. In any district other than a residence district, accessory buildings used for required off-street parking purposes shall be located at least five feet from the alley lot line.
(6) No accessory building located in the rear yard of a corner lot shall be nearer to a street lot line than the minimum width required for a side yard abutting a street in the district where the lot is located.
(7) No accessory building shall exceed ten and one-half feet in height for a flat roof or mansard roof, or 14.5 feet for all other roofs, except as otherwise provided for garages in division (D)(1) below.
(8) Nursery schools and child day care facilities shall be considered accessory uses in churches whether or not they are operated by the church in which they are located.
(C) Allowable accessory uses and structures (detached from principal structure).
(1) Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use.
(2) No accessory building or structure shall be erected or altered at, nor be moved to, a location within ten feet of the nearest wall of the principal building or structure, nor within the required front or side yards on the lot.
(3) Detached accessory buildings, structures or uses in a residential district shall:
(a) Cover not more than 40% of the rear yard when located in a rear yard. However, in no case shall an accessory structure and its principal structure cover more of the lot than allowed in the lot coverage requirements for each zoning district;
(b) Not be located in a yard between the principal structure and the side lot line; and
(c) Not be located between the building line and the principal structure (except as permitted in front yards).
(4) Accessory building heights and setbacks shall be as set forth in each of the zoning districts.
(5) There shall be no height restrictions on the erection of open mesh type fences enclosing parks, recreational areas and school sites.
(6) Accessory buildings, structures or uses shall be permitted as provided in Table 3-A below:
Table 3-A: Permitted Accessory Buildings, Structures and Uses
| ||||
Key: | ||||
Required yards Districts | ||||
Front and corner side yards F Residential district Rsd | ||||
Side yards S Nonresidential district N-Rsd | ||||
Rear yards R Residential and nonresidential districts Both | ||||
Buildings, Structures and Uses | Required Yards | District | ||
Table 3-A: Permitted Accessory Buildings, Structures and Uses
| ||||
Key: | ||||
Required yards Districts | ||||
Front and corner side yards F Residential district Rsd | ||||
Side yards S Nonresidential district N-Rsd | ||||
Rear yards R Residential and nonresidential districts Both | ||||
Buildings, Structures and Uses | Required Yards | District | ||
Accessory dwelling units to single-household detached homes | S | R | Both | |
Air-conditioning equipment (shall not be permitted within 6 feet of any lot line except window air conditioners) | S | R | Both | |
Antennas (subject to the conditions of § 157.068) | F | S | R | Both |
Arbors and trellises | F | S | R | Both |
Awnings and canopies | F | S | R | Both |
Balconies | F | S | R | Both |
Basketball backboard hoops, backboards and supporting posts | F | S | R | Both |
Bay windows | F | S | R | Both |
Compost pile/structures | R | Both | ||
Decks, patios and outdoor fireplaces | S | R | Both | |
Dog houses | R | Both | ||
Driveway pavement | F | S | R | Both |
Fences (see fence regulations, § 157.066) | F | S | R | Both |
Fire escapes (open) and fire towers | S | R | Both | |
Flag poles | F | S | R | Both |
Garages (detached), coach houses and carports (see garage regulations, division (D)(1) below) | S | R | Both | |
Gazebos | S | R | Rsd | |
Open off-street parking (in a residential district open parking must be within 30 feet of the rear lot line or alley) | F | S | R | Both |
Ornamental light standards | F | S | R | Both |
Passive elements of solar collectors, entry air locks, shading screens, other passive or silent energy conserving facilities (not more than 10 feet high nor a length longer than 20% of the wall of the principal building to which the facility is attached or adjacent) | F | S | R | Both |
Permanently anchored lawn furniture (garden furniture and decorations such as benches, sundials, birdbaths, statues, sculpture and art work) | F | S | R | Both |
Playground and laundry drying equipment | R | Rsd | ||
Playhouses | S | R | Rsd | |
Sheds and storage structures for garden equipment (sheds for propagation or keeping of birds, poultry or livestock are prohibited) | R | Rsd | ||
Steps, open (shall not be less than one foot from a lot line) | F | S | R | Both |
Swimming pools a minimum of 6 feet from the property line | S | R | Rsd | |
Tennis courts | S | R | Both | |
Terraces at grade | F | S | R | Both |
Transformers | F | S | R | Both |
Vehicular storage of any vehicles | R | N-rsd | ||
Vehicular storage of boats and recreational vehicles (in residence districts, not more than 1 truck with a gross weight of 11,000 pounds or more, or one trailer with a gross weight of 5,000 pounds or more, and not more than 1 motorized mobile camping unit, boat and/or boat trailer may be parked in a side or rear yard, but not in a front yard, side yard, or in any court area which opens toward a public street, except in a driveway) | S | R | Rsd | |
Table 3-A includes yard obstructions attached to the principal or a secondary structure as well as freestanding accessory buildings, structures and uses | ||||
(D) Special regulations applicable to particular accessory structures and uses.
(1) Garages. Garages for town landmarks and structures in designated historic districts shall be subject to the following requirements.
(a) Height.
1. For garages with flat and mansard roofs, height requirements for accessory buildings apply, as set forth in division (B) above.
2. All garages without flat or mansard roofs shall be no taller than three-fourths the height of the main house, measured to the roof apex, and in no case shall exceed 28 feet in height.
(b) Yards. All garages shall meet the setback requirements for accessory structures, as set forth in this section.
(c) Roofs. The roof of the garage shall be compatible in pitch and shape with the roof of the main house.
(2) Residential recreation facilities. The use of residential recreational facilities such as tennis courts and swimming pools shall be limited to the occupants of the residence and their guests.
(3) Accessory parking lots in single household residential districts. Parking lots shall not be permitted as an accessory use in any single household residential district except when authorized in a zoning district or as part of a planned development approved under this chapter.
(Ord. 1997-1, § 130.3(G), passed 1-22-1997; Ord. 2001-14, passed 8-22-2001)
§ 157.072 MOBILE HOMES, TRAILERS, RECREATIONAL VEHICLES AND MANUFACTURED HOMES.
The following may not be used for living or sleeping purposes within the town except within the confines of an approved mobile home park:
(A) Recreational vehicles;
(B) Trailers;
(C) Mobile homes; and
(D) Manufactured homes with an inside area of less than 950 square feet.
(Ord. 1997-1, § 130.3(H), passed 1-22-1997; Ord. 2017-17, passed 12-27-2017)
§ 157.073 HORSES.
The keeping of horses shall be considered an extraordinary use and may be approved as a conditional use permit under § 157.050 in A1 and RL Districts only, subject to the following restrictions and conditions.
(A) Horses may only be kept as an accessory use to an existing single-family residence.
(B) The conditional use permit shall be limited to horses owned by the occupant of the single-family residence. Horses owned by anyone other than the occupant shall be prohibited.
(C) Horses shall be kept for private, noncommercial uses only.
(D) Keeping horses for any commercial use shall not be permissible as a home occupation.
(E) No more than one horse may be kept for each two acres of land included on the property. When calculating the acreage of the property for purposes of the section, any area encumbered by a structure shall be excluded.
(F) All horses shall be kept within an enclosed fenced-in area.
(G) Stables and/or corrals for the keeping of horses shall be placed at least 100 feet from the front property line and 150 feet from any residential dwelling other than the residential dwelling located on the property where the horses are being kept.
(H) Manure and droppings shall be removed from the property at least once per week.
(Ord. 2013-01, passed 4-24-2013)