O Fallon City Zoning Code
ZONING DISTRICT
REGULATIONS
§ 157.030 ZONING DISTRICTS - GENERAL.
(A) For the purpose of this chapter, the city is hereby divided into 13 categories of zoning districts as follows:
Symbol | Designation |
Symbol | Designation |
A | Agricultural District |
B-1 | Community Business District |
B-2 | General Business District |
I-1 | Industrial District |
I-2 | Industrial Solar Farm District |
MH-1 | Single-Family Mobile Home Dwelling District |
MR-1 | Two-, Three- and Four-Family Residence Dwelling District |
MR-2 | Multi-Family Residence Dwelling District |
O-1 | Office District |
RR | Rural Residential District |
SR-1 | Single-Family Residence Dwelling District |
SR-1B | Single-Family Residence Dwelling District |
SR-2 | Single-Family Residence Dwelling District |
SR-3 | Single-Family Residence Dwelling District |
(B) When a use or accessory use is not specifically listed in the sections devoted to “uses permitted”, it shall be assumed that such uses are expressly prohibited, unless, by a written decision of the City Council, it is determined that said use is similar to and is compatible with the uses listed and is expressly included as a use permitted in a zoning district.
(Prior Code, § 158.030) (Ord. 623, passed 9-8-1970; Ord. 659, passed 9-8-1970; Ord. 949, passed 12-17-1979; Ord. 1584, passed 12-21-1992; Ord. 1878, passed 11-18-1996; Ord. 3817, passed 2-18-2014; Ord. 4021, passed 12-4-2017
; Ord. 4345, passed 11-3-2025)
§ 157.031 REGULATION OF STRUCTURES AND DWELLINGS.
(A) Structures, property and dwellings are divisioned and classified as hereunder listed and established for the purpose of this chapter.
(1) Structures.
(a) Building structures. Class 1, conventionally-built building structures; Class 2, prefabricated building structures; and Class 3, modular building structures.
(b) Mobile home structures. Class 4, immobilized-mobile home structures; and Class 5, (mobile) mobile home structures.
(2) Property.
(a) Real property. Class 1, conventionally-built building structure; Class 2, prefabricated building structure; Class 3, modular building structure; and Class 4, immobilized-mobile home structure.
(b) Personal property. Class 5, (mobile) mobile home structure.
(3) Dwellings.
(a) Residence dwellings. Class 1, conventionally-built residence dwelling; Class 2, prefabricated residence dwelling; and Class 3, modular residence dwelling.
(b) Mobile home dwellings. Class 4, immobilized-mobile home dwelling; and Class 5, (mobile) mobile home dwelling.
(B) When a given class of structure is not listed in the sections of this chapter devoted to “permitted principal structure class” for a given category of zoning, it shall be assumed that class of structure is expressly prohibited in that category of zoning or zone district.
(C) When a given class of dwelling (use) is not listed in the sections of this chapter devoted to “permitted uses” for a given category of zoning, it shall be assumed that class of dwelling (use) is expressly prohibited in that category of zoning or zone district.
(D) However, not in conflict with the foregoing, if there is doubt in determining of which class a given structure shall be classified, or if there is doubt in determining of which class a given dwelling shall be classified, then, by written order or resolution, by the City Council, after reviewing the definitions of the several relevant words, terms and phrases listed and defined in and for the purpose of this chapter, the City Council shall determine and identify that the structure or dwelling in question is of a character that is most nearly equal to and compatible with one of the above five listed classes of structures or dwellings, as the instance shall dictate. Thereafter, structures or dwellings of the question shall be expressly included as being of that declared class, unless the City Council shall subsequently reverse or amend its order or resolution following the same procedure.
(Prior Code, § 158.031) (Ord. 623, passed 9-8-1970; Ord. 949, passed 12-17-1979)
§ 157.032 ESTABLISHMENT OF ZONING DISTRICTS.
The boundaries of the zones provided in § 157.030 are established as shown on the city’s zoning district map. The zoning districts and boundaries are hereby adopted and established as shown on the district map, which map, together with all notations, references, data, district boundaries and other information thereon, are made a part of this chapter by reference. A copy of the zoning map properly attested shall remain on file in the office of the Zoning Inspector and the office of the City Clerk.
(Prior Code, § 158.032) (Ord. 623, passed 9-8-1970)
§ 157.033 INTERPRETATION OF PROVISIONS.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements. Whenever this chapter imposes a greater restriction than is imposed and required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall govern.
(Prior Code, § 158.033) (Ord. 623, passed 9-8-1970)
§ 157.034 INTERPRETATION OF DISTRICT BOUNDARIES.
(A) Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, the centerlines or alley lines of alleys or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimensions shall be determined by the use of such scale as may be shown on said zoning map.
(B) Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.
(C) Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located at the railroad right-of-way line closest to the most restrictive zoning district line shown on the zone district map.
(D) Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be construed to be the centerline of the stream, otherwise at the limit of the jurisdiction of the city, unless otherwise indicated.
(E) Any areas shown on the zoning map as park, playground, school, cemetery, water, street or right-of-way shall be subject to the zoning regulations of the district in which they are located.
(F) Whenever any street, alley or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley or public way shall automatically extend to the center of such vacation and all area included in the vacation shall thereafter be subject to all regulations of the extended districts.
(G) Where any land or territory within the city is not shown to be located in a district, the zoning regulations of the most restrictive adjoining district shall govern.
(H) Where a lot under single ownership is divided at the time of enactment of this chapter, or by subsequent amendments, by a zoning district boundary line, the requirements of the less restrictive district adjacent to such line may be extended for that lot, not more than 25 feet into the more restrictive district.
(Prior Code, § 158.034) (Ord. 623, passed 9-8-1970)
§ 157.035 EXISTING SPECIAL USES.
Where a use is classified as a special use under this chapter, it shall be considered a legal use, without further action of the City Council.
(Prior Code, § 158.035) (Ord. 623, passed 9-8-1970)
§ 157.036 SCHEDULE: AREA AND BULK REGULATIONS.
(A) To facilitate public understanding of this chapter and for the better administration and convenience of use thereof, the regulations limiting the dwelling unit density, the heights, bulk and arrangement of buildings for each of the districts established by § 157.030 (or specified use) are set forth in division (D) below, hereinafter called “schedule”. Such schedule is hereby adopted and declared to be an integral part of this chapter, and it may be amended in the same manner as any other part of this chapter.
(B) For each district (or specified use) named in said schedule, the maximum number of dwelling units shall be as indicated in Column B; the minimum lot requirements shall be as indicated in Columns C, D, E; the minimum yard dimensions shall be as indicated in Columns F, G, H, I, J; maximum lot coverage therefore shall be indicated as Column K; permitted floor area ratio (ratio of floor area to lot area) shall be indicated as Column L; maximum building heights shall be as indicated in Column M; requirements for accessory buildings and uses, as to maximum height shall be as indicated in Column N; and as to minimum distance of detached accessory buildings and uses to principal buildings, streets and lot lines, as indicated in Columns O, P, Q, R, S, respectively; and as otherwise set forth in the schedule and in notes and remarks appended thereto.
(C) A blank space in a block of a column of said schedule indicates that the requirement of that column does not pertain to the district or use specified on the corresponding horizontal lines. The words “Same as SR-1 (or other symbol or reference)” as used in a column shall mean and include the specific limitations and requirements as set forth in the same column for district referred to by such symbol or reference; otherwise the limitations and requirements in said schedule shall be read from left to right.
(D) Schedule: area and bulk regulations:
Principal Building or Structure Minimum Yard Dimensions for Agricultural and Residential Districts
| |||||||||||||
Minimum Lot Size (See Note 1)
| Principal Building or Structure Minimum Yard Dimensions (See Note 2) | ||||||||||||
A | B | C | D | E | F | G | H | I | J | K | L | M | |
Zoning District | Maximum Number of Dwelling Units | Lot Area in Square Feet or Acres | Lot Width at Building Line, in Linear Feet | Mean Lot Depth, in Linear Feet | Depth of Front Yard, in Linear Feet | Depth of Side Yard Abutting a Street, in Linear Feet | Depth of a Side Yard Abutting a Lot, in Linear Feet | Minimum Distance to Nearest Principal Structure on an Adjacent Lot, In Linear Feet | Depth of Rear Yard, in Linear Feet | Maximum Lot Coverage in Percent (See Note 3) | Maximum Floor Area Ratio (See Note 4) | Maximum Height of Principal Building in Linear Feet (See Note 5) | |
Total for Both | Minimum for Either | ||||||||||||
Principal Building or Structure Minimum Yard Dimensions for Agricultural and Residential Districts
| |||||||||||||
Minimum Lot Size (See Note 1)
| Principal Building or Structure Minimum Yard Dimensions (See Note 2) | ||||||||||||
A | B | C | D | E | F | G | H | I | J | K | L | M | |
Zoning District | Maximum Number of Dwelling Units | Lot Area in Square Feet or Acres | Lot Width at Building Line, in Linear Feet | Mean Lot Depth, in Linear Feet | Depth of Front Yard, in Linear Feet | Depth of Side Yard Abutting a Street, in Linear Feet | Depth of a Side Yard Abutting a Lot, in Linear Feet | Minimum Distance to Nearest Principal Structure on an Adjacent Lot, In Linear Feet | Depth of Rear Yard, in Linear Feet | Maximum Lot Coverage in Percent (See Note 3) | Maximum Floor Area Ratio (See Note 4) | Maximum Height of Principal Building in Linear Feet (See Note 5) | |
Total for Both | Minimum for Either | ||||||||||||
“A” Agricultural | 1 per 3 acres of lot area | 3 acres | 150 feet | 200 feet | 25 feet | 25 feet | 20 feet | 10 feet | 20 feet | 25 feet | 20% | 35 feet | |
“RR” Rural Residential | 1 per 1 acre of lot area | 1 acre | 100 feet | 150 feet | 25 feet | 25 feet | 20 feet | 10 feet | 20 feet | 25 feet | 25% | 35 feet | |
“SR-1” Single- Family | 1 per 10,000 sq. ft. of lot area | 10,000 sq. ft. | 75 feet | 100 feet | 25 feet | 25 feet | 20 feet | 10 feet | 20 feet | 25 feet | 30% | 35 feet | |
“SR-1B” Single- Family | 1 per 10,000 sq. ft. of lot area | 10,000 sq. ft. | 75 feet | 100 feet | 25 feet | 25 feet | 15 feet | 7½ feet | 15 feet | 25 feet | 30% | 35 feet | |
“SR-2” Single- Family | 1 per 8,000 sq. ft. of lot area | 8,000 sq. ft. | 60 feet | 100 feet | 25 feet | 25 feet | 15 feet | 7½ feet | 15 feet | 25 feet | 30% | 35 feet | |
“SR-3” Single- Family | 1 per 6,000 sq. ft. of lot area | 6,000 sq. ft. | 50 feet | 100 feet | 25 feet | 25 feet | 10 feet | 5 feet | 10 feet | 25 feet | 30% | 35 feet | |
“MR-1” 2-, 3-, and 4-Family | 1 per 3,000 sq. ft. of lot area | 6,000 sq. ft. minimum, or 3,000 sq. ft. per dwelling unit, whichever is greater | 50 feet minimum or 25 feet per dwelling unit, whichever is greater | 120 feet | 25 feet | 25 feet | 10 feet | 5 feet | 10 feet | 25 feet | 30% | 35 feet | |
“MR-2” Multi- Family | 1 per 2,700 sq. ft. of lot area | 6,000 sq. ft. minimum, or 2,700 sq. ft. per dwelling unit, whichever is greater | 50 feet minimum, or 10 feet per dwelling unit, whichever is greater | 120 feet | 25 feet | 25 feet | 10 feet minimum, or 6 inches per foot of building height, (½ the building’s height), whichever is greater | 20 feet | 25 feet | 30% | 3/4 : 1 | 35 feet | |
“MH-1” Single- Family Mobile Home Dwelling District | 1 per 6,000 sq. ft. of lot area | 6,000 sq. ft. | 50 feet | 100 feet | 25 feet | 25 feet | 10 feet | 5 feet | 10 feet | 25 feet | 30% | 35 feet | |
“O-1” Office District | 1 | 8,000 sq. ft. | 60 feet | 100 feet | 25 feet | 25 feet | 10 feet | 5 feet | 10 feet | 20 feet | 30% | 3/4 : 1 | 35 feet |
“B-1” Community Business District | Not a permitted use (see Note 9) | No side yards are required except in the instances where the subject lot abuts an “RR”, “SR”, “MR”, or “MH” District or where a side yard is voluntarily provided a side yard of at least 12 feet shall be required | 12 feet where yard area is required or provided | 20 feet | 50% | 2 : 1 | 92 feet or 8 stories in height, which is smaller | ||||||
“B-2” General Business District | Not a permitted use (see § 158.037(D)(12)) | No side yards are required except in the instances where the subject lot abuts an “RR”, “SR”, “MR”, or “MH” District, a side yard of at least 25 feet shall be required or where a side yard is voluntarily provided, a side yard of at least 12 feet shall be required | 12 feet where yard area is required or provided | 20 feet | 50% | 2 : 1 | 92 feet or 8 stories in height, whichever is smaller | ||||||
“I-1”
Industrial District
|
Not a permitted use (see § 158.037(D)(13)
|
25 feet
|
25 feet
|
50 feet
|
25 feet
|
20 feet
|
40%
|
1 : 1
|
92 feet or 8 stories in height, whichever is smaller
| ||||
“I-2 ” Industrial Solar Farm District | Not a permitted use (see § 158.03 7(D)(13) | 5 acres | 200 feet | 200 feet | 30 feet | 50 feet | 30 feet | 30 feet | 150 feet | 30 feet | 20 feet | ||
Accessory Buildings or Structures (See Note 6) | ||||||
If Detached, Minimum Yard Dimensions | ||||||
A | N | O | P | Q | R | S |
Zoning District | Maximum Height, in Linear Feet (See Note 5 below) | Principal Building or Structure, in Linear Feet | Front Lot Line, in Linear Feet | Side Lot Line, Street Side, in Linear Feet | Side Lot Line, Interior Side, in Linear Feet | Rear Lot Line, in Linear Feet |
Accessory Buildings or Structures (See Note 6) | ||||||
If Detached, Minimum Yard Dimensions | ||||||
A | N | O | P | Q | R | S |
Zoning District | Maximum Height, in Linear Feet (See Note 5 below) | Principal Building or Structure, in Linear Feet | Front Lot Line, in Linear Feet | Side Lot Line, Street Side, in Linear Feet | Side Lot Line, Interior Side, in Linear Feet | Rear Lot Line, in Linear Feet |
“A” Agricultural | 35 feet | 10 feet | 60 feet | 25 feet | 3 feet | 3 feet |
“B-1” Community Business District | 20 feet | 12 feet | 12 feet | 12 feet | 12 feet | 12 feet |
“B-2” General Business District | 20 feet | 12 feet | 12 feet | 12 feet | 12 feet | 12 feet |
“I-1”
Industrial District | 20 feet | 10 feet | 10 feet | 10 feet | 10 feet | 10 feet |
“I-2” Industrial Solar Farm District | 20 feet | 12 feet | 30 feet | 30 feet | 30 feet | 30 feet |
“MH-1” Single-Family Mobile Home Dwelling District | 25 feet | 10 feet | 60 feet | 25 feet | 3 feet | 3 feet |
“MR-1” 2-, 3-, and 4-Family | 25 feet | 10 feet | 60 feet | 25 feet | 3 feet | 3 feet |
“MR-2” Multi-Family | 25 feet | 10 feet | 60 feet | 25 feet | 3 feet | 3 feet |
“O-1” Office District | 20 feet | 10 feet | 20 feet | 25 feet | 5 feet | 5 feet |
“RR” Rural Residential | 35 feet | 10 feet | 60 feet | 25 feet | 5 feet | 5 feet |
“SR-1” Single-Family | 25 feet | 10 feet | 60 feet | 25 feet | 3 feet | 3 feet |
“SR-1B” Single-Family | 25 feet | 10 feet | 60 feet | 25 feet | 3 feet | 3 feet |
“SR-2” Single-Family | 25 feet | 10 feet | 60 feet | 25 feet | 3 feet | 3 feet |
“SR-3” Single-Family | 25 feet | 10 feet | 60 feet | 25 feet | 3 feet | 3 feet |
Notes to Table:
Note 1: Where the use of private individual wells and/or septic tank (or like private systems) is practiced, the maximum dwelling unit density, minimum lot area size, lot frontage and lot depth are subject to the operations of § 157.039
(K). Note 3: Coverage regulations do not apply to automobile parking areas. Note 4: Floor area ratio shall apply to the total area included in the development, excluding streets and other public areas, and shall not exceed the ratio specified for the district where the development is located. Note 5: Exceptions to the maximum height limitations of buildings and structures are as established in § 157.039
(O). Note 6: Any attached accessory building shall be considered as part of the principal building. Note 8: Parking lots and driveways abutting a residence district. Whenever a parking lot or a driveway to a parking lot is hereafter established in other than a residence district so as to abut the side or rear line of a lot in a residence district, a solid masonry wall, shrubbery planting or a fence not less than five feet high and not more than eight feet high shall be constructed and maintained along said side or rear lot line. In addition, in all districts, the lighting, including any permitted illuminated sign, on any parking lot or driveway shall be arranged so that there will be no annoying glare directed or reflected toward residence buildings or residence districts. Note 9: Residential uses are allowed in the B-1 District only as a special use and any such residential uses established in the B-1 District shall comply with all of the regulations of the least restrictive residential district in which that type of residential use is permitted, see § 157.037
(12)(c) listing of special uses in the B-1 District. Note 10: When “I-2” Industrial Solar Farm Districts abut Residential Zoning Districts, 30 feet setback and 8 feet tall landscape buffer are required. | ||||||
(E) Use specific regulations.
(1) Churches. Minimum lot area and yard dimensions for churches and other places of formal worship are additionally subject to the operation of § 157.038(D).
(2) Fences, walls and hedges. Fences, walls and hedges are subject to the operations of § 157.038(A).
(3) Fishing clubs. Setbacks applicable to buildings, parking lots or other intense use activity for fishing lakes or clubs are additionally regulated by the applicable provisions of § 157.037(2)(b)7.
(4) Golf courses. Setbacks applicable to clubhouses, parking lots and accessory buildings for regulation and “Par 3” golf courses are additionally regulated by the applicable provisions of § 157.037(2)(b)6.
(5) Gun clubs. Setbacks from neighboring dwelling uses for gun clubs are additionally regulated by the applicable provisions of § 157.037(1)(b)8.
(6) Incinerators. Setbacks from adjacent buildings or structures for incinerators (for home use) are additionally regulated by the applicable provisions of § 157.037(3)(c)7.
(7) Nursery schools. Minimum lot area and off-street loading of children for nursery schools are additionally subject to the operation of § 157.038(Q).
(8) Nursing homes. Minimum lot area for nursing homes is additionally subject to the operation of § 157.038(P).
(9) Public buildings. Minimum yard dimensions for public buildings are additionally subject to the operation of § 157.038(J).
(Prior Code, § 158.036) (Ord. 623, passed 9-8-1970; Ord. 659, passed 9-8-1970; Ord. 1584, passed 12-21-1992; Ord. 1762, passed 5-15-1995; Ord. 1796, passed 10-30-1995; Ord. 1878, passed 11-18-1996; Ord. 1881, passed 11-18-1996; Ord. 3538, passed 9-17-2007; Ord. 3817, passed 2-18-2014; Ord. 4021, passed 12-4-2017
; Ord. 4345, passed 11-3-2025)
§ 157.037 SCHEDULE: PERMITTED USES; ACCESSORY USES; EXCEPTIONS AND SPECIAL PERMITS.
(A) “A”, Agricultural District.
(1) Permitted principal structures. Building structures of the following classes: Class 1, conventionally-built building structures; Class 2, prefabricated building structures; and Class 3, modular residence dwellings.
(2) Permitted principal uses.
(a) All uses commonly classified as agriculture, horticulture or forestry, including crop and tree farming, truck farming, gardening, dairy farming, livestock raising, animal and poultry breeding and raising, forestry operations, together with the operation of machinery or vehicles, but not including stockyards, commercial livestock or poultry feeding nor agricultural processing plants;
(b) One-family dwellings of the following class, as regulated by § 157.036(E): Class 1, conventionally-built residence dwellings; and Class 2, prefabricated residence dwellings.
(c) Living quarters for persons employed in agricultural or related activities that are conducted upon the premises;
(e) Private clubs, lodges or camps, except those whose chief activities are a service customarily carried on as a business;
(f) Golf courses of regulation size “Par 3” golf courses, but not including commercially-operated golf driving ranges, nor miniature golf courses; provided that no clubhouse, parking lot nor accessory building shall be located nearer than 500 feet to any dwelling or another zoning lot;
(g) Fishing lakes or clubs; provided that no building, parking lot nor other intense use activity is located nearer than 500 feet to any dwelling or another zoning lot;
(h) Gun clubs, if located not nearer than 1,000 feet to any residence other than that of the owner or lessee of the site, and if not so operated as to withdraw land from its primary agricultural use;
(i) Carnivals, circuses and similar temporary transient amusement enterprises;
(l) Libraries, museums, art galleries and similar public cultural facilities, subject to the provisions of § 157.038(J);
(m) Cemeteries and mausoleums in conjunction therewith;
(p) Railroad right-of-way and trackage, but not including classification yards, terminal facilities nor maintenance facilities;
(q) Temporary produce stands for the sale of agricultural produce raised upon the premises; provided adequate off-street parking is available and congestion or hazards would not be created in conjunction with the location of access thereto; and
(3) Permitted accessory uses.
(a) Any accessory use permitted and as regulated in the SR-1 District, unless specified as a permitted principal use in this district;
(c) Accessory uses that are clearly supplementary and secondary to the principal use of the subject premises.
(4) Special permits (special uses). Churches and other places of formal worship, subject to the provisions of § 157.038(D), but not including funeral chapels nor mortuary chapels.
(5) Exceptions. Any exception permitted and as regulated in the SR-1 District.
(B) “RR”, Rural Residential District.
(1) Permitted principal structures. Building structures of the following classes: Class 1, conventionally-built building structures; and Class 2, prefabricated building structures.
(2) Permitted principal uses.
(a) Agricultural uses, but not including stockyards, commercial livestock or poultry feeding nor agricultural processing plants. All outdoor areas used for animals shall be fenced, shall not be within ten feet of the side or rear property lines and shall not be within 25 feet of any public right-of-way. Animal types and counts shall be regulated as follows:
1. Horses, donkeys, emus, ostriches, llamas, alpacas - two animals per acre, maximum three animals;
2. Sheep or goats - two animals per acre, maximum six animals; and
3. Chickens - six hens per acre, maximum 12 hens, no roosters allowed. See supplemental regulations for accessory buildings in § 157.039(E).
(b) One-family dwellings of the following class, as regulated by § 157.036(E): Class 1, conventionally-built residence dwellings; and Class 2, prefabricated residence dwellings;
(e) Railroad right-of-way and trackage, but not including classification yards, terminal facilities nor maintenance facilities;
(f) Temporary produce stands for the sale of agricultural produce raised upon the premises; provided adequate off-street parking is available and congestion or hazards would not be created in conjunction with the location of access thereto; and
(g) Radio or television transmission towers, subject to the provisions of § 157.039(O) and all other applicable regulations.
(3) Permitted accessory uses.
(a) Any accessory use permitted and as regulated in the SR-1 District, unless specified as a permitted principal use in this district;
(b) Accessory uses that are clearly supplementary and secondary to the principal use of the subject premises; and
(c) Boarding of horses or keeping of horses for rent or hire as part of an authorized home occupation.
(4) Planned uses.
(a) Churches and other places of formal worship, subject to the provisions of § 157.038(D), but not including funeral chapels nor mortuary chapels;
(b) Cluster/Conservation Devel- opment, as defined in § 157.016;
(c) Golf courses of regulation size “Par 3” golf courses, but not including commercially-operated golf driving ranges nor miniature golf courses; provided that no clubhouse, parking lot nor accessory building shall be located nearer than 500 feet to any dwelling or another zoning lot;
(d) Fishing lakes or clubs; provided that no building, parking lot nor other intense use activity is located nearer than 500 feet to any dwelling or another zoning lot;
(e) Libraries, museums, art galleries and similar public cultural facilities, subject to the provisions of § 157.038(J);
(f) Private clubs, lodges or camps, except those whose chief activities are a service customarily carried on as a business;
(g) Public, private or parochial schools or other uses offering courses of instruction in accordance with standards for compulsory education.
(5) Exceptions. Any exception permitted and as regulated in the SR-1 District.
(6) Supplementary regulations. Any given permitted use is subject to the provisions of this subchapter and §§ 157.038 and/or 157.039, as applicable hereto.
(C) “SR-1”, Single-Family Residence Dwelling District.
(1) Permitted principal structures. Building structures of the following classes: Class 1, conventionally-built building structures, and Class 2, prefabricated building structures.
(2) Permitted principal uses.
(a) One-family dwelling of the following classes, as regulated by § 157.036(E): Class 1, conventionally-built residence dwellings; and Class 2, prefabricated residence dwellings.
(b) Public, private and parochial schools offering courses of instruction at elementary and secondary levels in accordance with standards for compulsory education, subject to the provisions of § 157.038(J) and (L);
(e) Growing of plants and trees on a private or commercial basis, provided no retail sales are conducted on the premises, subject to the provisions of § 157.038(R); and
(f) Railroad right-of-way and trackage, but not including switching, storage, freight yards, industrial sidings nor classification yards.
(3) Permitted accessory uses.
(a) Private greenhouses, tool sheds and tennis courts;
(c) Private garages, carports, parking spaces, not for gain in addition to the minimum off-street parking required;
(e) Keeping of household pets provided kennels are not maintained;
(f) Keeping of not more than one unoccupied camp trailer and/or not more than one utility trailer, subject to the provisions of § 157.038(I);
(g) Incinerators for home use; provided such are located on the lot so as not to constitute an unreasonable hazard to dwellings and other structures on the premises on adjoining property, and located not less than 15 feet from any dwelling and not less than ten feet from any other building;
(i) Accommodation for prof-essional servants, caretakers, guards or custodians, but not as a separate detached one-family dwelling on the same lot;
(k) Temporary construction sheds and temporary buildings for sales or rental offices or show houses for use during construction operations, provided all other regulations of the district are complied with, but in no case shall such office be continued beyond the duration of construction of the project or one year, whichever is greater. However, such time limit may be extended for one year by the zoning hearing officer.
(4) Special permits (special uses).
(a) Differential land-neighborhood park developments;
(b) Any special use permitted and as regulated in the SR-1B District; and
(c) Churches and other places of formal worship, subject to the provisions of § 157.038(D), but not including funeral chapels or mortuary chapels.
(D) “SR-1B”, Single-Family Residence Dwelling District.
(1) Permitted principal structures. Building structures of the following classes: Class 1, conventionally-built building structures; and Class 2, prefabricated building structures.
(2) Permitted principal uses.
(a) One-family dwellings of the following class, as regulated by § 157.036(E): Class 1, conventionally-built residence dwellings; and Class 2, prefabricated residence dwellings.
(3) Permitted accessory uses. Any accessory use permitted and as regulated in the SR-1 District.
(4) Special permits (special uses). Two-family residence dwellings.
(5) Exceptions. Any exemption permitted and as regulated in the SR-1 District.
(E) “SR-2”, Single-Family Residence Dwelling District.
(1) Permitted principal structures. Building structures of the following classes: Class 1, conventionally-built building structures; and Class 2, prefabricated building structures.
(2) Permitted principal uses.
(a) One-family dwellings of the following classes, as regulated by § 157.036(E): Class 1, conventionally-built residence dwellings; and Class 2, prefabricated residence dwellings.
(3) Permitted accessory uses. Any accessory use permitted and as regulated in the SR-1 District.
(4) Special permits (special uses). Any special use permitted and as regulated in the SR-1B District.
(5) Exceptions. Any exemption permitted and as regulated in the SR-1 District.
(F) “SR-3”, Single-Family Residence Dwelling District.
(1) Permitted principal structures. Building structures of the following classes: Class 1, conventionally-built building structures; Class 2, prefabricated building structures; and Class 3, modular building structures.
(2) Permitted principal uses.
(a) One-family dwelling of the following classes, as regulated by § 157.036(E): Class 1, conventionally-built residence dwellings; Class 2, prefabricated residence dwellings; and Class 3, modular residence dwellings.
(3) Permitted accessory uses. Any accessory use permitted and as regulated in the SR-1 District.
(4) Special permits (special uses). Any special use permitted and as regulated in the SR-1B District.
(5) Exceptions. Any exemption permitted and as regulated in the SR-1 District.
(7) Planned use. Modular building structures as a principal permitted structure.
(G) “MR-1”, Two-, Three- and Four-Family Residence District.
(1) Permitted principal structures. Building structures of the following classes: Class 1, conventionally-built building structures; Class 2, prefabricated building structures; and Class 3, modular building structures.
(2) Permitted principal uses.
(a) One-family dwellings of the following class, as regulated by § 157.036(E); and two-, three- and four-family dwellings of the following class, as regulated by § 157.036(E): Class 1, conventionally-built residence dwellings; Class 2, prefabricated residence dwellings; and Class 3, modular residence dwellings.
(3) Permitted accessory uses.
(a) Any accessory use permitted and as regulated in the SR-1 District; and
(b) Accommodations for one boarder or roomer.
(4) Special permits (special uses). One- and two-family residence dwellings only.
(5) Exceptions. Any exemption permitted and as regulated in the SR-1 District.
(H) “MR-2”, Multi-Family Residence Dwelling District.
(1) Permitted principal structures. Building structures of the following classes: Class 1, conventionally-built building structures; Class 2, prefabricated building structures; and Class 3, modular building structures.
(2) Permitted principal uses.
(a) One-family dwellings of the following class, as regulated by § 157.036(E), two-, three- and four-family dwellings of the following class, as regulated by § 157.036(E): Class 1, conventionally-built residence dwellings; Class 2, prefabricated residence dwellings; and Class 3, modular residence dwellings.
(b) Such non-dwelling uses as are permitted in the SR-1 District, subject to the provisions of § 157.036(E);
(c) Boarding and rooming houses;
(d) Dormitories or group living facilities for religious, educational or charitable purposes;
(3) Permitted accessory uses. Any accessory use permitted and as regulated in the MR-1 District.
(4) Special permits (special uses).
(a) Planned multi-family developments; and
(5) Exceptions. Any exemption permitted and as regulated in the SR-1 District.
(I) “MH-1”, Single-Family Mobile Home Dwelling District.
(1) Permitted principal structures. Building structures and mobile home structures of the following classes: Class 3, modular building structures; Class 4, immobilized-mobile home structures; and Class 5, (mobile) mobile home structures.
(2) Permitted principal uses.
(3) Permitted accessory uses. Any accessory use permitted and as regulated in the SR-1 District.
(4) Special permits (special uses). Planned mobile home parks, subject to the provisions of § 157.038(H)(1).
(5) Exceptions. Any exemption permitted and as regulated in the SR-1 District.
(J) “O-1”, Office District.
(1) Permitted principal structures. Building structures of the following classes: Class 1, conventionally-built building structures; Class 2, prefabricated building structures; and Class 3, modular building structures.
(2) Permitted principal uses.
(a) Professional offices and clinics as listed in § 157.036(E), including the following offices and services of the following professions: architect, landscape architect, engineer, land surveyor, attorney, dentist, optometrist, physician, psychiatrist, chiropractors, accountant, surgeon or other similar licensed professionals;
(c) Churches and other places of formal worship;
(d) Service offices, such as: insurance, travel, advertising, real estate, photography, hobby shops;
(e) Corporate office, government offices;
(f) Beauty/barber shops;
(g) Nursing homes;
(h) Banks and financial services;
(i) Credit service offices, including credit unions;
(j) Holding and investment services;
(k) Insurance agents, brokers, carriers and services;
(l) Real estate agents, brokers and/or management services;
(m) Real estate operators and lessors offices;
(n) Savings and loans association offices;
(o) Brokerage for securities or commodities;
(p) Medical offices and facilities, including associated rehabilitation, fitness and recreation facilities;
(r) Title abstracting services;
(s) Building contractor or construction firm office only (no machinery, equipment or storage);
(t) Business office, professional or trade;
(u) General business management and consulting offices;
(v) Advertising service offices, excluding fabrication shops;
(w) Accounting, auditing or bookkeeping office;
(x) Consumer and mercantile credit reporting services;
(y) Direct mail or advertising agency;
(z) Employment or personnel agency;
(aa) Manufacturers representative office;
(bb) Security service office;
(cc) Trade union office;
(dd) Travel agency; and
(ee) Dance, art or photography studio or office.
(3) Permitted accessory uses. Any accessory use as are permitted in the SR-1 District.
(4) Special permits (special uses).
(5) Exceptions.
(6) Supplementary regulations.
(K) “B-1”, Community Business District.
(1) Permitted principal structures. Building structures of the following class: Class 1, conventionally-built building structures; Class 2, prefabricated building structures; and Class 3, modular building structures.
(2) Permitted uses.
(a) Retail sale establishments.
1. General merchandise retail stores, limited to: department stores, dry goods stores and limited price variety stores.
2. Food merchandise retail stores, limited to: bakeries, non-manufacturing, except for retail sale upon the premises only; candy and confectionery shops; dairy product markets; delicatessens; fruit and vegetable markets; grocery stores (excluding convenience food stores); health food stores; liquor, beer and wine package goods stores; and meat, fish, seafood and poultry markets.
3. Furniture and home furnishing retail stores, limited to: China, glassware and metalware stores; draperies, curtains and upholstery stores, including custom-made service, and supplies; floor covering and carpet stores, including installation service; furniture stores; household appliance stores, including repair and service; interior decorator’s service stores or offices, excluding fabrication shops; lamp and mirror stores; musical instrument stores, including repair and tuning service, and supplies; office furniture and business machine stores, including service, repair, supplies and equipment; and radio, television, computer and audio and video recorder stores, including parts, repair, service and supplies.
4. Eating and drinking place, retail, limited to: coffee shops; confectionery and ice cream stores; fast food restaurants, including carry-out service; food caterer’s shops, retail; pizza parlors, with or without delivery service; private membership clubs, lodges or organizations offering food for member’s consumption on the premises; restaurants, cafés and cafeterias; and tea rooms; drive-in restaurants; and provided none of the uses listed in this division (K)(2)(a)4. shall provide patron drive-through service facilities; and further provided that there shall be no sale or consumption of alcoholic beverages upon the premises.
5. Apparel and accessories, retail stores and shops, limited to: apparel accessory shops; clothing stores; custom tailoring and dressmaking shops; furrier shops; jewelry and lapidary shops; millinery shops; and shoe stores.
6. Motor vehicles, including parts and accessories, retail sales, limited to: new automobiles, vans and trucks, three-fourths ton and under; motorcycles; mopeds; and motor scooters; and marine craft, together with their repair and service; tires, batteries, lubricants and motor vehicle accessories, including service and installation, but excluding repair garages; and new and rebuilt motor vehicle parts and supplies, and excluding repair garages.
7.
Miscellaneous retail sales stores and shops, limited to and including the offering for retail sale any or of the following commodities: art articles and artist’s supply stores; auction halls, secondhand merchandise stores and antique shops; books, magazines, newspapers, greeting cards and stationery (including letterhead and business card printing) stores; camera and photographic supply shops, including optical goods; coin and stamp stores; drug stores, including, but not limited to, retailing of toiletries, notions and sundries; equipment rental stores (excluding motor vehicle and trailer rental); florists; gift, novelty, curio and souvenir shops; hardware and lawn and garden equipment and supply stores; hobby, craft and sporting goods shops, including trophies and engraving, taxidermists, gunsmiths and bicycles; leather and luggage retail shops; newspaper distribution and delivery stations; pet shops, retail; and photography processing patron drop-off stations, retail (excluding patron drive-through service).
(b) Professional service offices and clinics. Limited to: architects’ office, excluding landscape architects; attorney’s office; dentist’s office and dental clinics and dental laboratories; engineer’s office; optometrist’s office; physician’s office, physician’s clinic and medical laboratories; psychiatrist’s office and psychiatric clinics; public and certified public accountant’s office, excluding bookkeepers; surgeon’s office and ambulatory surgical clinics; and any other professional service office of professional practitioners who by formal education and training, at an accredited college or university, and by examination and registration are qualified to perform services of a professional nature, excluding veterinarians, veterinarian’s services and chiropractors.
(c) Finance, real estate and/or insurance service offices. Limited to: banks; credit service offices, including credit unions; holding and investment services offices; insurance agents, brokers, carriers and service offices; real estate agents, brokers and/or management service offices; real estate operators and lessor’s offices; registered land surveyor’s offices; savings and loan associations offices; security and commodity brokers, dealers and flotation service offices; and title abstracting service offices.
(d) Business service offices. Limited to: advertising service offices, excluding fabrication shops; bookkeeping services; business management and consulting service offices; consumer and mercantile credit reporting service offices, including adjustment and collection services; direct mail advertising service offices; direct selling organization offices; employment service offices; manufacturer’s representative office; security services office; stenographic, duplicating, mailing and/or telephone answering service office; and trade union offices.
(e) Personal service establish-ments. Limited to: barber’s service shop; beautician’s service shop; chiropractic services office or clinic; dance instruction studios; garment alteration and repair service; laundry service establishments, including coin-operated or self-service establishments, but excluding industrial and/or business (uniform, linen and the like) laundering and supply service; photographer’s studio or office and photographic service offices; reducing and/or physical fitness centers; and travel arranging service office.
(f) Repair service establishments. Limited to: household appliance repair service shops, including, but not limited to, water heaters, ranges, refrigerators, clothes dryers, washing machines, water heaters, air conditioners and furnaces, and the retail sale thereof as limited by division (K)(2)(a) above; locksmith’s shops; musical instrument repair and tuning service shops; radio, television, tape and video recorders, and computer repair service shops; shoe and leather goods repair service shops; and watch, clock and jewelry repair service shops.
(g) Communication service offices. Limited to: commercial mail courier offices; post offices or postal substations; radio and television broadcasting studios and/or offices, including cablevision; telephone exchange stations and customer service office, excluding construction centers; and telegraph message offices.
(h) Transportation service offices and facilities. Limited to: bus transportation terminals and shelters, including park-and-ride stations, but excluding bus garaging and equipment maintenance; highways, streets and alleys; and taxicab dispatching offices, excluding garaging and equipment maintenance.
(i) Public utility service facilities. Limited to: electricity regulating substations, distribution facilities and customer service offices (accessory use maintenance and service); gas pressure control stations, distribution facilities and customer service offices (accessory use maintenance and service); potable water pressure control stations, storage tanks, distribution facilities and customer service office; sewage pressure control stations and adjunct facilities; and other essential public utility facilities and operations.
(j) Governmental service offices. Limited to: municipal, township, county, state and federal governmental service offices, including legislative and/or administrative service offices, and police stations, fire stations and ambulance service facilities; but excluding penal institutions, jails, detention homes, half-way houses, asylums and any other governmental use activity that is not the nature of being an office use activity as is listed elsewhere in this list of permitted uses.
(3) Special uses.
(a) Taverns, night clubs, discotheques, cocktail lounges, restaurants, fraternal organizations, clubs, meeting halls or anywise involved in the sale or offering of alcoholic beverages, including “set-up” or “carry-in”, to its patrons, members or guests;
(b) Gasoline service stations and/or any listed permitted use or special use involving the dispensing of motor fuels, either as a principal or an accessory use;
(c) Any listed permitted use or special use offering for its patrons, members or guests a dance floor or other dancing accommodation, including, but not limited to, taverns, night clubs, discotheques, dance halls, road houses, private clubs, hotels or motels;
(d) Dry cleaning service shops;
(e) Churches, synagogues, temples and other places of formal worship, including their off-street parking accommodations;
(f) Public, private and parochial schools and other uses offering courses of instruction in accordance with standards for compulsory education;
(g) Car wash establishments;
(h) Cultural, entertainment and recreation service establishments, limited to arcades, bowling alleys, libraries, meeting or assembly halls, museums, pool or billiard halls, roller and/or ice skating rinks and theaters (legitimate and motion picture);
(i) Used motor vehicle retail sales, as limited per new motor vehicle sales; and
(4) Planned developments.
(a) Planned multi-family developments;
(b) Planned business centers;
(c) Other planned building developments; and
(5) Permitted accessory uses.
(a) Any accessory use permitted and as regulated in the MR-2 District;
(b) Storage of merchandise or inventory usually carried in stock; provided that all outdoor storage shall be completely concealed by a solid fence at least six feet in height that meets the standards of § 157.056;
(c) Service garage, only if in conjunction with and accessory and incidental to the sale of new automobiles;
(d) Retail sale of used automobiles and trucks, only if in conjunction with and accessory and incidental to the sale of new automobiles, as limited per new motor vehicle retail sales; and
(e) Rental or leasing of automobiles and trucks, only if in conjunction with and accessory and incidental to the sale of new automobiles.
(7) Supplementary regulations.
(b) Outdoor seating requirements.
1. All outdoor eating areas on a permanent or temporary basis are permitted under the following conditions: the outdoor area does not exceed 100% of the ground floor area of the building containing the use or contains a seating area for a maximum of 15; a site plan must be pre-approved by the Director; the outdoor area is entirely on private property and on the same or adjacent zoning lot as the building containing the use; the outdoor eating area is not in a required parking area or required side, front or rear yards; the outdoor eating area conforms to the transitional yard requirements of § 157.036(E); the outdoor area does not interfere with adequate pedestrian flow into the building and meets all city Building Code requirements; parking requirements are met for enclosed uses; and if alcohol is to be served, all special use provisions will apply as indicated in §§ 157.095 through 157.102.
2. The preparation, processing, treatment and/or manufacture of goods or products for retail sale on the premises, and for food caterer’s service beyond the premises, shall be permitted; provided that such preparation, processing, treatment or manufacture of goods or products shall be customary and subordinate of the use activity conducted upon the premises.
(L) “B-2”, General Business District.
(1) Permitted principal structures. Building structures of the following classes: Class 1, conventionally-built building structures; Class 2, prefabricated building structures; and Class 3, modular building structures.
(2) Permitted principal uses.
(a) Any use permitted in the B-1 District as regulated by § 157.036(E) (except that no dwelling, boarding or rooming house, dormitory, fraternity or sorority house, apartment, hotel or motel, mobile home, nor any other use for living quarters not specifically listed in the portion of this division (L)(2) shall be permitted and the following uses as regulated by § 157.036(E):
1. Places of amusement and recreation, including bowling lanes, drive-in theaters, subject to the provisions of § 157.038(O);
2. Automotive and/or agricultural implements sales, repair and service, subject to the provisions of § 157.038(E);
3. Air conditioning equip-ment, custom fabrication and installation;
4. Beverages, bottling;
5. Book publishing, printing;
6. Business machines, repair and service, storage and wholesale;
7. Candy, wholesale distribution;
8. Carpenters’ shops and power woodworking;
9. Carpet and rug cleaners and storage;
10. Cement products whole-sale (pipe, blocks and the like);
11. Cleaning and dying processing;
12. Cold storage;
13. Contractors, equipment and material storage;
14. Dairies, distributing and pasteurization;
15. Decoration, workshop and equipment yards;
16. Display, designers’ and builders’ shops;
17. Drive-in restaurants;
18. Dry cleaning establish-ment, bulk processing;
19. Electric equipment, assembly and repair;
20. Express companies, warehouses;
21. Feed and seed stores;
22. Food products, brokers, distributors and warehousing;
23. Furniture, repair and refinishing;
24. Locksmiths’ repair shops;
25. Machine and equipment rental service;
26. Newspaper printing;
27. Photo-engraving comp-any;
28. Roofing materials, storage and sales;
29. Sales of auto parts;
30. Storage of automobiles;
31. Storage yards, bulk materials;
32. Tents and awning manufacture;
33. Tool and die manufacture;
34. Mobile home sales;
35. Warehousing;
36. Water softening equip-ment, service and repairs;
37. Weighers, commercial; and
38. Welding, equipment and supplies, storage.
(b) Provided that neither junkyards, the dismantling of vehicles or the storage of dismantled vehicles, petroleum bulk plants or outside storage of inflammable liquids or explosives shall be permitted in this district; and provided, further, that adequate safeguards (structural, mechanical and locational) shall be provided to protect adjoining properties from the effects of noisome or injurious substances, conditions and operations, as defined in § 157.039.
(3) Permitted accessory uses.
(a) Any accessory use permitted and as regulated in the SR-1 District;
(b) Commercial greenhouses;
(c) Storage of merchandise or inventory usually carried in stock; provided that all outdoor storage shall be completely concealed by a solid fence at least six feet in height that meets the standards of § 157.056; and
(d) Accommodations for caretakers, guards or custodians.
(4) Special permits (special uses).
(a) Planned business centers;
(b) Other planned building developments; and
(5) Exceptions. Any exception permitted and as regulated in the SR-1 District.
(M) “I-1”, Industrial District.
(1) Permitted principal structures. Building structures of the following classes: Class 1, conventionally-built building structures; Class 2, prefabricated building structures; and Class 3, modular building structures.
(2) Permitted principal uses.
(b) Any commercial, industrial or manufacturing operation which is not detrimental to the public health, safety or general welfare, and provided that adequate safeguards (structural, mechanical and locational) shall be provided to protect adjoining properties from the effects of noisome or injurious substances, conditions and operations as defined in § 157.039;
(3) Permitted accessory uses. Any accessory use permitted and as regulated in the B-2 District.
(4) Special permits (special uses).
(a) Planned business centers; and
(b) Other planned building developments.
(5) Exceptions. Any exemption permitted and as regulated in the SR-1 District.
(N) “I-2”, Industrial Solar Farm District.
(1) Permitted accessory use. Any accessory use permitted and as regulated in the B-2 District.
(2) Special permits (special uses).
(a) Community-scale solar energy systems; and
(b) Large-scale solar energy systems.
(3) Annexation fee. Developments annexed into the city for the purpose of creating or operating a community-scale solar energy farm system or large-scale energy system shall be subject to an annexation fee of $9,000 per acre.
(4) Supplementary regulations. All developments within the I-2 District shall be subject to the city’s Development Control Ordinance and shall require an annexation agreement as a condition of approval.
(Prior Code, § 158.037) (Ord. 623, passed 9-8-1970; Ord. 659, passed 9-8-1970; Ord. 1012, passed 6-21-1982; Ord. 1217, passed 10-23-1986; Ord. 1431, passed 5-17-1990; Ord. 1584, passed 12-21-1992; Ord. 1878, passed 11-18-1996; Ord. 1895, passed 1-6-1997; Ord. 1897, passed 1-6-1997; Ord. 1992, passed 6-1-1998; Ord. 1995, passed 6-15-1998; Ord. 2053, passed 9-20-1999; Ord. 3483, passed 10-16-2006; Ord. 3643, passed 11-2-2009; Ord. 3817, passed 2-18-2014; Ord. 3941, passed 7-5-2016; Ord. 4021, passed 12-4-2017; Ord. 4249, passed 12-5-2022; Ord. 4344, passed 11-3-2025: Ord. 4345, passed 11-3-2025)
§ 157.038 SUPPLEMENTARY USE AND BULK REGULATIONS.
(A) Fences, walls and hedges. Fences, walls or hedges used for any purpose shall in all districts conform to the following.
(1) For the purpose of minimizing traffic hazards at street intersections by improving visibility for converging vehicles, obstructions higher than two feet above the adjacent top of the curb elevation shall not be permitted to be planted, placed or erected on any corner lot within the triangular portion of land designated as “sight distance triangle” in § 157.016.
(2) No barbed wire or other such sharp pointed fence and no electrically charged fence shall be erected or maintained, except in agricultural districts.
(3) No permanent fence or retaining wall shall be constructed or erected within any public street or alley right-of-way unless authorized by the City Council. Fences erected on public easement or across ditches shall be so constructed that drainage shall not be obstructed and, in event of necessity for removal of such fence for maintenance or other purpose, removal and/or replacement of such fence or other improvement shall be the responsibility of the property owner.
(4) Fences, walls and hedges in any district may be located on lot lines; provided such fences, walls and hedges exceeding six feet in height shall be subject to the minimum yard requirements of the district in which such fences are located.
(5) Gates or other means of access through fences, walls and hedges shall be provided from utility easement to the rear yards.
(B) Home occupations. Home occupations are required to obtain a home occupation permit, subject to compliance with all requirements herein and with such additional conditions, where applicable, as established by the Community Development Department. The permit shall be applied for on such form as established by the Director, and shall be approved, denied or conditioned by the Director as necessary to conform to the requirements herein. In any district where home occupations are permitted, the establishment and continuance of a home occupation shall be subject to the following requirements.
(1) Such use shall be conducted entirely within a dwelling and carried on by the inhabitants there and no others. Home occupations may not serve as a headquarters or dispatch center where employees come to the home and are dispatched to other locations.
(2) Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof. Client visitations to the home shall no more than the range of typical visitations for other residential uses in the area.
(3) No vehicular or pedestrian traffic generated by a home occupation shall be allowed to cause a nuisance to neighboring properties or block or interfere with the regular flow of traffic within the neighborhood.
(4) The total area used for such purposes shall not exceed the equivalent of one-half the floor area, in square feet, of the largest floor of the dwelling unit.
(5) There shall be no advertising, display or other indications of home occupation on the premises, except one unanimated, non-illuminated flat nameplate having an area of not more than one square foot may be permitted, as part of an otherwise authorized address and residential occupant sign, subject to other requirements of §§ 157.160 through 157.168. Such nameplate must be on the building.
(6) No in-person sales transactions, such as selling stocks of merchandise, supplies or products may be filled on the premises; provided that orders previously made by telephone or at a sales party may be delivered or received on site subject to limits on the level of activity set forth above.
(7) There shall be no exterior storage on the premises or public right-of-way of material or equipment used in the home occupation, nor of any highly explosive or combustible material.
(8) Not more than one trailer associated with the home occupation may be allowed on the premises, subject to the following requirements.
(a) Such trailer may not exceed eight feet wide or 25 feet long.
(b) If the trailer has no visible equipment, whether it is an enclosed trailer or an empty flat bed trailer, it may be parked in the driveway. If equipment is visible, the trailer must be parked inside a garage.
(c) Such trailer must be able to enter and exit the premises by way of an improved, dust-free surface.
(9) The home occupation shall allow no more than one commercial vehicle parking on the premises, subject to the following additional requirements.
(a) The commercial vehicle is limited to a passenger car, van, pickup truck or service vehicle with a license category of B, C or D and vehicle weight of up to 12,000 pounds.
(b) Parking or storage of any vehicles used as a tool in the business (tow trucks, tree removers and the like) in connection with the home occupation is prohibited on premises, unless fully concealed in the dwelling or accessory residential building. Exception: parcels in the Agricultural Zoning District will be permitted to store equipment and vehicles consistent with agricultural operations as outlined in the Zoning Code.
(10) Parking or storage of, or delivery by, heavy equipment, including, but not limited to, back hoes, skid loaders, dump trucks and other similar items on the premises, is prohibited. This shall include businesses where the home is the base of operations where heavy equipment would be dispatched from the home and would create noticeable traffic to and from the home. Exception: parcels in the Agricultural Zoning District will be permitted to store equipment and vehicles consistent with agricultural operations as outlined in the Zoning Code.
(11) There shall be no noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line from any business activity and all activity shall comply with applicable building and fire codes.
(12) In addition to other restrictions, the following types of uses are also prohibited: service, repair or painting of any motorized vehicle, including, but not limited to, motor vehicles, trailers, boats, personal watercraft, recreation vehicles and snowmobiles where the work is done on the premises where the home occupation is located; headquarters or dispatch centers where employees or contractors arrive or depart; contracting, excavating, welding or machine shops where the work is done on the premises where the home occupation is located; tow truck services where the tow truck is stored on site; the sale, lease, trade or other transfer of firearms or ammunition; sale or use of hazardous materials in excess of consumer quantities packaged for consumption by individual households for personal care or household use; and any other use of residential property that is detrimental or inconsistent with the residential character of the neighborhood.
(13) Exemptions: the following home occupations shall be exempt from obtaining a home occupation permit; provided that all other criteria and conditions established in this section are complied with at all times of such accessory use:
(a) Mere home offices used for telecommuting to a primary off-site business location; and
(b) Home-based direct sale of products and distribution in which any corporate activity is registered at another address and provided that:
1. Any sales parties or demonstrations are conducted off-site; and
2. The home-based business activity is not registered or required to be registered under the provisions of the Retailers’ Occupation Tax Act (35 ILCS 120) or ILCS Chapter 805, Business Organizations.
(C) Swimming pools. No public or private swimming pool in any district shall be located in any required front yard; however, if not more than six feet in height, such use may be located in any required side or rear yard, but not closer than ten feet to a side lot line adjacent to a street, and subject to the provisions of division (A) above. Pools need not meet the minimum separation from the primary structure of ten feet as shown in § 157.036(D). Any applicable Swimming Pool Building Code requirements must be met.
(D) Churches and places of formal worship. In any district where churches are permitted, the following additional requirements shall be met.
(1) For each 75 seats (where benches are provided each 24 inches of said bench shall constitute a seat) or fraction thereof (not including Sunday school accommodations), the site shall contain at least one-half acre of land.
(2) Each principal building shall be located at least 25 feet from all property lines.
(E) Garages, repair. In repair garages, all repair work, servicing, storage of parts and equipment and the dismantling of vehicles shall be done completely within an enclosed building, or shall be enclosed by a solid fence at least six feet in height that meets the standards of § 157.056.
(F) Gasoline service stations. In districts where gasoline service stations are permitted, the establishment of such uses shall be subject to the following requirements.
(1) All gasoline pumps, lubrication or similar devices and other service facilities shall be located at least 20 feet from any street right-of-way line.
(2) All fuel and oil storage, pumps or other such fuel or lubricant dispensing devices shall be located at least 20 feet from any side or rear lot line.
(3) No access drive shall be within 200 feet of a fire station, school, public library, church, park, playground or other public assembly place.
(4) No access or drive shall be within 20 feet of any corner formed by the intersection of the rights-of-way of two streets. On a corner where a traffic signal or stop sign exists, such entrance or exit shall be located at such distance and such manner so as not to cause or increase traffic hazard or undue congestion.
(5) A permanent curb of at least four inches in height shall be provided between the public sidewalk and the gasoline pump island, parallel to and extending the complete length of the pump island.
(6) All devices for dispensing or selling of milk, ice, cold drinks and the like shall be located within, or immediately adjacent to, the principal building.
(G) Junkyards. In any district where junkyards are permitted, the establishment and/or maintenance of such uses shall be subject to the following requirements.
(1) All storage of parts, equipment and the dismantling of vehicles shall be done within a completely enclosed building, or within an enclosure of a solid fence not less than six feet in height that meets the standards of § 157.056.
(2) Any junkyard shall not be located less than 500 feet from any residential district boundary.
(H) Mobile homes.
(1) Mobile home parks. In any district where mobile home parks are permitted, the establishment of such accommodations shall be subject to the requirements, standards and restrictions of the city’s mobile home park ordinance(s), as amended from time to time, and are in effect at the time of application for a planned development and shall be subject to the following requirements.
(a) A mobile home park shall be located on a tract of land not less than five acres in area, with a minimum width and depth dimension of 200 feet.
(b) No building or structure within the mobile home park shall exceed the height of 25 feet.
(2) Temporary parking – mobile homes. The temporary parking of an individual mobile home is permitted subject to the following regulations.
(a) An individual mobile home may be parked outside the public right-of-way, as not otherwise prohibited, for a period of 72 hours; provided that no such mobile home is parked nearer than 25 feet to any right-of-way line abutting a public street.
(b) An individual mobile home may be parked on a zoning lot for a period of two weeks; provided that:
1. Such individual mobile home is parked in compliance with all setback requirements from any lot line or right-of-way line;
2. A permit is secured by the property owner within 72 hours from the City Clerk, showing the date of issuance, name and address of property owner, address for which the permit is issued and the date of termination;
3. All such permits shall be returned to the Building Official on or before the date of termination; and
4. Not more than three permits shall be issued to any property owner during any calendar year, except on approval of the zoning hearing officer.
(3) Parking for inspection and sales; mobile home. A mobile home may be parked for inspection and sale on any lawful automobile or trailer sales lot.
(4) Parking. Except as otherwise provided in divisions (H)(2) and (H)(3) above, no person shall be permitted to park and/or occupy any mobile home on any premises within the corporate area of the city, except as permitted in a licensed mobile home park or a MH-1 Dwelling District.
(5) Removal of wheels and the like. Nowhere in the city shall any person permanently remove or cause to be permanently removed the wheels, tongue and hitch or any other transportation device from any mobile home nor shall any person rest or cause to rest any mobile home on a permanent foundation, except as permitted when within a MH Dwelling District.
(I) Travel trailers. The parking of not more than one unoccupied camp trailer and/or utility trailer (not exceeding eight feet wide and 25 feet long) in the rear yard, side yard or improved driveway only is hereby permitted; provided that no living quarters or business shall be maintained in any such camp trailer and/or utility trailer; and provided, further, that the parking of a camp trailer and/or utility trailer, if parked in the side or rear yard, shall comply with the yard requirements for accessory buildings of the district in which it is located. If camp trailers and/or utility trailers are parked in an improved driveway, they must only meet the rear yard and side yard setback requirements for accessory buildings of the district in which it is located. Parking of any of the above listed trailers must be on private property and not overhang or otherwise obstruct any public right-of-way, including sidewalks.
(J) Public buildings. In any district where municipally-owned or other publicly-owned buildings are permitted, the following additional requirements shall be met.
(1) In any SR, MR or MH Dwelling District, A Agricultural District or RR Rural Residential District, all municipal or other publicly owned buildings shall be located at least 25 feet from all property lines.
(2) In any SR, MR or MH Dwelling District, A Agricultural, RR Rural Residential District or in any B Business District, there shall be no permanent storage of heavy construction or maintenance equipment (such as excavating, road building or hauling equipment), unless in an enclosed building or enclosed within a solid wall or fence at least six feet in height that meets the standards of § 157.056. Such storage areas, maintenance yards or storage warehouse shall be located at least 25 feet from any front and/or side property line.
(K) Public utility stations; exchanges; essential services. Electrical substations, gas regulator stations or telephone exchange facilities in any SR, MR or MH Dwelling District, A Agricultural District or RR Rural Residential District shall be subject to the following regulations.
(1) No public office, repair or storage facilities shall be maintained in connection with such substations or exchanges.
(2) The building housing any such facility shall be designed and constructed to conform to the general character of the neighborhood.
(3) The area on which the facility is located shall be landscaped and maintained in conformance with the general character of the surrounding area.
(4) Where all facilities and equipment are entirely within a completely enclosed building, the minimum lot may be as follows: lot width shall not be less than the total width of the building plus the total of the minimum required side yards; lot depth shall not be less than the depth of the building, plus the minimum required front yard, plus the two-foot minimum rear yard.
(5) Where facilities or equipment are located outside the completely enclosed building, no such facilities or equipment shall be located closer than 15 feet to any side or rear lot line.
(6) If transformers are exposed, there shall be provided an enclosing fence or wall, at least six feet in height, and landscaping and adequate to shield view and noise of the same and to screen from the outside view the handling of materials on the premises.
(L) Schools, private and parochial. In any district where private or parochial schools are permitted, the following additional requirements shall be met.
(1) For each 100 students or fraction thereof, the site shall contain one and one-fourth acres of land.
(2) Each principal building shall be located at least 25 feet from all property lines.
(M) Soil mining and mineral extraction. In any district where soil mining or mineral extraction is permitted, the soil mining or mineral extraction operation shall be subject to all applicable state regulations with inspection made as necessary by the city to determine compliance.
(N) Sanitary landfill. In any district where sanitary landfill is proposed, the following additional requirements shall apply.
(1) A permit for any sanitary landfill operation shall be issued by the building official only after the receipt of all required maps and documents and after review and favorable action by the City Council, instructing the Building Official to issue the permit.
(2) The following documents and maps of the site, at a scale not less than one inch equals 200 feet, shall be filed with the building official showing:
(a) Existing topography of the site at two-foot contour intervals;
(b) Present use of the land and all natural features, such as natural watercourses and drainage areas, forested areas, historic sites and the like;
(c) Ownership of the subject property and the abutting properties;
(d) A plan for the proposed use of the land indicating the type and location of transportation facilities available and the intended use of loading of these facilities; the type and location of utilities and power facilities to be used; and such other data as is necessary to explain and define the intended operation; and
(e) A plan shall be made for reshaping and final grading of the land after the operation has ceased which shall show final contours (at an interval of two feet) and drainage plan.
(3) The plan for the final grading and contouring of the site shall provide the land can be readily used for urban and/or agricultural purposes after the landfill operation has ceased.
(4) All topsoil shall be stored and retained on the site and respread during final grading of the site.
(5) A performance bond, equal to the amount of the assessed valuation of the property for tax purposes, shall be posted prior to development of landfill with the city to ensure reshaping of the topography in conformance with the plan after the operation has ceased or has been abandoned. Failure to continue active operation for a consecutive 12-month period during any five years shall be deemed to constitute abandonment.
(a) If the sanitary landfill is to be conducted on only a portion of the total parcel at any one time, the portion to be used may be so designated on the plan and the performance bond posted for the part or parts to be so used.
(b) However, when the operation is completed or abandoned for any such part or parts, the plan for grading and reshaping the topography of that section shall be carried out.
(6) No sanitary landfill shall be carried out within 1,000 feet of any residential zoning district or any existing residential subdivision.
(7) No sanitary landfill operation shall be permitted on a site of less than 50 acres.
(8) No sanitary landfill operation shall be permitted in the Industrial District without a special use permit.
(O) Drive-in theaters. In any district where drive-in theaters are permitted, the establishment of such theaters shall be subject to the following requirements.
(1) Projection screens and parking areas shall not be closer than 50 feet from any street right-of-way line and not closer than 100 feet from any residential district boundary.
(2) The projection surface of motion picture screens shall not be visible from any major traffic street.
(3) Loudspeakers shall be limited to the individual type which are designated to be heard by the occupants of one car only.
(4) Entrances and exits shall connect only to major arterial or collector streets and shall be designed so as not unduly to interfere with or unnecessarily impede traffic flow.
(5) Entrance waiting space for cars shall be provided to accommodate not less than 5% of the theater’s parking capacity.
(P) Nursing homes. In any district where nursing homes are permitted, the following additional requirements shall be met. The minimum site for any nursing home shall be two acres; provided that for a nursing home containing more than 40 beds, the minimum site shall be the greater of: two acres or the number of acres determined by the following formula:
Number of Beds x % of TFA at Ground Level | |
2000 |
= Site Size in Acres
|
(Q) Nursery schools. In any district where nursery schools are permitted, the following additional requirements shall be met.
(1) For each child, at least 50 square feet of floor space shall be provided in addition to that provided for sleeping purposes.
(2) For each child, at least 100 square feet of outdoor, enclosed (fenced) play area shall be provided.
(3) Adequate facilities shall be provided for delivering and receiving of children in a manner not to cause traffic congestion and shall be subject to approval by the City Council.
(R) Plant nurseries and greenhouses. In any district where tree and plant nurseries and greenhouses are permitted, the establishment of such uses shall be subject to the following requirements.
(1) No fertilizer, compost, manure or other odor or dust producing substance shall be stored within 50 feet of any property line.
(2) Greenhouse heating plants shall be in an enclosed building and shall not be less than 50 feet from any property line.
(S) Fire walls. Within B-1, B-2 and I Districts, for the purpose to restrict the spread of fire, any wall of a building constructed along and adjoining an interior side lot line shall be a continuous wall, having no openings, of fire resistant non-combustible material of a type approved by the City Fire Chief. Further, such wall shall be constructed meeting or exceeding specifications issued by the Fire Chief; such wall shall start at the foundation and extend continuously through all stories to above the roof.
(T) Corner lots, obstruction of vision prohibited. Within B-1, B-2 and I Districts, for the purpose of minimizing traffic hazard for converging motor vehicles, on a corner lot, no fence, wall, hedge or other planting or structure that will obstruct the vision between a height of two feet and ten feet above the centerline grades of the intersecting streets shall be erected, placed or maintained within the triangular portion of land designated as “sight distance triangle” in § 157.016.
(U) Combined dwelling and business use structures. Buildings intended to be occupied by both apartment residence dwelling and business usage (a building containing both an apartment dwelling use and a business use) shall have a yard area of at least 120 square feet minimum per each residence dwelling, the yard area shall be provided and maintained in addition to any off-street parking area required for the dwelling and in addition to the lot area required for the non-dwelling use. More than 50% of the total square feet area of such a building must be devoted to the business use. Such yard area must be accessible to and usable exclusively for active and/or inactive recreation by the dwelling’s occupants and must be contiguous to the building and not separated by parking areas or driveways. The yard area may be provided at the ground level, or at the roof level, or at levels there between. The edges of any roof area and the edges of any elevated deck or patio area used for a yard must be adequately protected by a wall or fence at least four feet in height.
(V) Home child care. Home child care shall be a permitted accessory use to a residential dwelling and subject to all home occupation requirements within an A, RR, SR-1, SR-1B, SR-2, SR-3, MR-1, MR-2 or MH-1 District; provided that, for any home child care use for four or more children, the following site and use requirements shall be satisfied at all times:
(1) Any residence, which is renter- occupied, shall provide written permission from the property owner approving the use of the residence for home health care;
(2) Proof of licensure from the State Department of Children and Family Services for the specified address;
(3) Construction of a permanent, four-foot fence around all designated outdoor play areas located on the subject property. All play equipment shall be kept in good repair;
(4) Adequate street access, turn-around capacity and safe and efficient ingress and egress design so as to not interfere with neighboring properties or area traffic;
(5) Inspection by city staff when approved for use by state license to ensure adherence to current building codes and fire codes prior to issuance of permit;
(6) Number of children is limited to eight, including the caregiver’s own natural, adopted or foster children; related children; and unrelated children under age 12 living in the home. This does not include facilities which receive only children from a single household;
(7) Hours of operation shall not exceed amounts permitted by the state license; however, children received by a home child care facility must be for less than 24 hours per day;
(8) When a home child care is in violation of certain covenants and restrictions adopted through a homeowner association, Board of Trustees or other subdivision governing body, the city does not enforce or take into account private covenants when granting home child care permits;
(9) Employees are limited to only inhabitants of the residence in accordance with division (B) above;
(10) The use and site fully complies with all applicable federal, state and local laws;
(11) An approved site plan reflecting compliance with all applicable site requirements; and
(12) (a) The zoning authorization and site plan approval may be revoked by the Director if any of the requirements herein are at any time not satisfied during home child care use.
(b) Where the facility does not fully qualify as a permitted accessory use but satisfies the general requirements for a special use permit established by this code and otherwise meets the purposes of this section, and granting such permit is necessary to satisfy the public interest, then a home child care may be approved as an accessory use to a residential dwelling by special use permit in any A, RR, SR-1, SR-1B, SR-2, SR-3, MR-1, MR-2 or MH-1 District.
(c) Any person aggrieved by a decision of the Director in approving or denying zoning authorization for a home day care and site plan as meeting the requirements set forth herein as a permitted use may be appealed to the City Council by filing a written appeal with the Director within ten days after the decision, which shall stay such decision until Council action. Council decision on the appeal shall occur at its next regular meeting after filing of such appeal, unless the Council extends such time for good cause.
(W) Drive-through regulations. Drive-through service when a patron is served through a window or other device while remaining in a motor vehicle may be provided, except where alcoholic beverages are served or sold through the drive-through window. All property for which drive-through service is provided shall conform to the following standards.
(1) No order box or order window shall be located within 100 feet of any residentially zoned property; provided, however, that the 100-foot distance may be decreased by 25% if the residentially zoned property is classified as any non-residential category in the city current comprehensive plan.
(2) A solid screening fence or wall will be required, along with appropriate landscaping, to be placed between any property used for a drive-through facility and any adjoining residentially zoned property in order to screen passenger car headlight glare from adjacent residential property. The extent and height of such fence or wall is to be determined at the time of final development plan approval. Fence or wall must meet the standards of § 157.056.
(3) Adequate passenger car stacking space shall be provided from the order box or order window to ensure that public right-of-way or common driveway areas will not be blocked due to the drive-through facility. An escape lane shall also be provided for each order box and drive-through window. The amount of stacking space is to be determined as part of the preliminary site plan and after consultation with and approval by the City Engineer.
(X) Garage conversion for dwelling use. No garage shall be converted for dwelling use, except within compliance of this section.
(1) Inspection by city staff to ensure adherence to current building codes and fire codes prior to issuance of permit.
(2) Not less than one off-street parking space per dwelling unit shall be provided and maintained.
(Y) Temporary storage containers.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CARGO CONTAINER. A standardized, reusable vessel, designed without an axle or wheels, which was:
1. Originally, specifically or formerly designed for or used in the storage, packing, shipping, movement or transportation of freight, articles, goods or commodities;
2. Designed for or capable of being mounted or moved on a rail car; and/or
3. Designed for or capable of being mounted on a chassis for movement by a truck trailer or loaded on a ship.
JOB TRAILER. A structure used for temporary storage or office space located at an active job site where a valid building permit has been issued.
SEMI-TRAILER. A trailer designed to be used with and pulled by a road tractor, whose intended purpose is to be an on-road transport vehicle.
(2) Regulations.
(a) Semi-trailers.
1. Use. Use includes the following:
a. Must be used in the operation of the business; and
b. Must be licensed and operational.
2. Location.
a. Semi-trailers must be located on the business property only in the B-1, B-2 or I District;
b. Semi-trailers must meet accessory structure setback requirements; and
c. Semi-trailers must be parked on an improved, dust-free surface.
3. Quantity. There is no limit to the number of semi-trailers permitted.
(b) Cargo containers.
1. Use.
a. Cargo containers may be used for temporary storage of goods and belongings.
b. Cargo containers may not be used for occupancy or sleeping, housing of animals, housing or storage of firearms, housing or storage of hazardous or flammable materials or storage of materials which are otherwise unlawful to possess (e.g., fireworks or other unlawful materials or substances).
c. Cargo containers must be closed and secured from unauthorized access at all times when not under the direct supervision of the permit applicant.
d. Cargo containers may not be used to display signage or otherwise advertise a commercial activity.
e. The area around the cargo container shall be kept free of litter, debris, weeds and similar unsightly materials.
2. Location.
a. Cargo containers must be located entirely on private property.
b. Cargo containers must meet accessory structure setback requirements, and be located no closer to the street frontage than the building face unless otherwise authorized by the Planning Director. Exception: cargo containers in single-family residential zoning districts may be located on a paved driveway.
c. It shall be unlawful for any person to park or place a cargo container or similar device in or upon any street, highway, roadway, right-of-way, designated fire lane, required parking space, drive aisle or sidewalk in the city without prior city approval.
d. It may not be placed in such a fashion as to impede or obstruct the flow of drainage waters, nor to impede or obstruct emergency access to the property.
3. Quantity.
a. Single-Family Residential Zoning Districts: two cargo containers per zoning lot may be placed for a maximum of 30 days per 12-month period without a permit.
b. All other zoning districts: a permit is required. One cargo container per zoning lot is permitted for a maximum of 90 days per 12-month period.
c. The City Council may approve a special event permit for more than one cargo container for temporary storage of seasonal items.
(3) Compliance six months after adoption. Existing semi-trailers not in compliance at the time of the adoption of this chapter must comply with this chapter within six months after the adoption of this chapter.
(4) Grandfathering. Existing cargo containers located in zoning districts other than Single-Family Residential Zoning Districts not in compliance at the time of the adoption of this chapter, as listed on the attached inventory sheet, shall be grandfathered; provided that the storage containers meet the use and location requirements listed in this chapter.
(5) Exception. This section shall not apply to job trailers or cargo containers located at the primary business property used in association with ongoing construction activities carried out pursuant to a valid building permit.
(Prior Code, § 158.038) (Ord. 623, passed 9-8-1970; Ord. 659, passed 9-8-1970; Ord. 759, passed 8-4-1975; Ord. 949, passed 12-17-1979; Ord. 1794, passed 10-30-1995; Ord. 1898, passed 1-6-1997; Ord. 1995, passed 6-15-1998; Ord. 3379, passed 10-3-2005; Ord. 3462, passed 7-3-2006; Ord. 3488, passed 11-20-2006; Ord. 3569, passed 4-21-2008; Ord. 3643, passed 11-2-2009; Ord. 3697, passed 12-20-2010; Ord. 3786, passed 12-17-2012; Ord. 3817, passed 2-18-2014; Ord. 4021, passed 12-4-2017)
§ 157.039 GENERAL SUPPLEMENTARY REGULATIONS.
(A) Bulk of buildings. 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 shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the city (as provided in division (O) below).
(B) Maintenance of yards, 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 property on which it is located, as long as the building is in existence. 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.
(C) Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable regulations of the zoning district in which the property is located.
(D) Attached garage/storage in a Residential Dwelling District.
(1) The attached garage/storage space in a residential dwelling unit shall not exceed 50% of the dwelling unit’s living space, as defined. Single-family lots are permitted to have a 500-square foot attached garage/storage area regardless of the footprint of the living space in the dwelling unit, but must comply with all other requirements.
(2) The height of the attached garage/storage area may not exceed the shortest ridgeline of the area of the dwelling unit defined as living area, not to exceed 25 feet and two stories.
(3) The building material of the attached garage/storage area shall be constructed with material consistent with the dwelling unit.
(E) Accessory buildings.
(1) No accessory building shall be used for residential purposes, except as otherwise provided in this chapter.
(2) The following additional regulations apply only to accessory buildings (garages, sheds and the like) only in the SR (single-family) Zoning Districts. These regulations do not apply to pools, decks or covered patios.
(a) The ground floor area of each accessory building shall not exceed 1,000 square feet (total floor area not to exceed 2,000 square feet). The footprint of the accessory building may not exceed the footprint of the principal building. Single-family lots are permitted to have a 500-square foot garage regardless of the footprint of the principal building, but must comply with all other requirements.
(b) The height may not exceed the shortest ridgeline of the principal building, not to exceed 25 feet and two stories.
(c) The setback requirement between accessory buildings on the same lot shall be a minimum of ten linear feet.
(d) No accessory building exceeding 200 square feet may have metal exterior walls.
(3) The following additional regulations apply only to accessory buildings (garages, shed and the like) only in the RR Rural Residential Zoning District. These regulations do not apply to pools, decks or covered patios.
(a) The ground floor area of each accessory building shall not exceed 2,500 square feet (total floor area not to exceed 5,000 square feet).
(b) The setback requirement between accessory buildings on the same lot shall be a minimum of ten linear feet.
(c) Any accessory structure used for animals must be a minimum of 25 feet from any side or rear property line.
(F) Location of 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.
(G) Required yards for existing buildings. No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this chapter for equivalent new construction.
(H) Reduction of lot; limitation on number of principal buildings on lot. 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 chapter shall be included as an area, frontage or yard for another lot, building or use. Except as otherwise specifically provided in this chapter, only one principal building shall be permitted on a lot.
(I) Corner lots and through lots. For any through lot, both frontages shall comply with the front yard requirements of the district in which it is located.
(J) Frontage requirements. Any lot in any district shall have minimum frontage abutting a public street the width of which shall be the greater of:
(1) Thirty feet;
(2) The width of the building located on the lot; or
(3) The lot width required by the Zoning District in which the lot is located as shown in § 157.036(D).
(K) General performance standards.
(1) Any lot shall be properly graded for drainage and maintained in good condition, free from trash and debris.
(2) 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.
(3) No obnoxious, toxic, corrosive or radioactive matter, smoke, fumes or gases shall be discharged 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.
(L) Occupancy of temporary structures. No temporary structure (including travel trailers or mobile homes) shall be used or occupied for any residential, commercial or industrial use, except as specifically permitted or required by this chapter. However, the zoning hearing officer may, upon application therefor, permit the use of such temporary structure for such reasonable time and for such use as the hearing officer 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.
(M) Contiguous parcels. 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 use 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.
(N) Individual water and sewage systems. In any district where individual water and sewage systems are used in place of public water and/or sewage facilities, the minimum lot area width and depth shall be subject to approval of the City Council but shall not be less than required for the district in which the use is to be located or less than one acre in area, whichever is greater; or have less frontage than 125 feet. When doubt exists with the City Council as to the adequacy of the soil structure of the lot to properly accommodate an individual water and/or sewage system, the City Council may require the property owner to obtain an opinion from a registered engineer as to the size of lot required for an individual water and/or sewage system to operate on the lot according to safe health standards. If the findings of the engineer indicate that larger lots are necessary, the City Council may require a lot size in excess of the minimum area defined previously in this division (N). However, no such variation shall be made by the City Council without first having a public hearing before the zoning hearing officer.
(O) Maximum height of building; exclusions. The height limitations of this chapter 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 or to public buildings or structures located more than one foot horizontally from the property line for each foot of building height.
(P) Minimum yards; exceptions. Subject to the requirements that there be a minimum distance of six feet between any point 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) For lots in all SR and MR Districts where homes with front yards, or side yards facing adjoining streets, have been developed within the minimum yard requirements for that district, the average front yard setback of existing homes shall be the minimum setback for new principal structures and additions; provided such an average requirement is not less than ten feet to the property line. Neighboring residences on one side of the street between intersecting streets shall be used in determining average front yard setback.
(Q) Public utility distribution facilities; exception. Public utility transmission and distribution facilities may be exempt from minimum rear yard requirements, except as provided for each zoning district (subject to § 157.038(K)).
(Prior Code, § 158.039) (Ord. 623, passed 9-8-1970; Ord. 949, passed 12-17-1979; Ord. 3786, passed 12-17-2012; Ord. 3817, passed 2-18-2014; Ord. 3901, passed 10-5-2015)