Peculiar City Zoning Code
ARTICLE III
General Provisions Applicable To All Districts
Section 400.130 General Regulations.
[Ord. No. 111808 §1(400-300), 11-18-2008]
A.
Uses shall be allowed, as defined herein, as principal uses permitted by right, uses accessory to a principal use, temporary uses or uses allowed by special use permit.
B.
Any use not specifically permitted herein shall be prohibited, provided that when a proposed use is determined by the City Planner to be substantially similar in character and intensity to a permitted use, the City Planner may allow such proposed use in conformance with the regulations applicable to the permitted use most similar to the proposed use.
C.
The minimum yards and other open spaces, including lot area per family, required by this code shall not be encroached upon or considered as yard or open space requirements for any other buildings, except as provided herein.
D.
No person shall engage in construction activity without meeting all applicable requirements for: the preservation of minimum flood corridors in accordance with Chapter 410, stormwater management in accordance with Chapter 415 and erosion and sediment control in accordance with Chapter 425 and of the Peculiar Municipal Code.
[Ord. No. 11042013 §VI, 11-4-2013; Ord. No. 03162015B § I, 3-16-2015]
E.
Every building hereafter erected or structurally altered shall be located on a lot as herein defined and shall not traverse a lot line established by plat. There shall not be more than one (1) main building located on one (1) lot, except as otherwise provided herein.
F.
If a single building or lot is located in two (2) or more zoning districts, each part of the building or lot shall comply with the regulations of the district in which it is located, except as otherwise provided herein.
G.
A private driveway or walkway located in a residential district shall not provide access to a use located in a commercial or industrial district. A public or private street located in a residential district shall not provide the sole or primary means of access to a use located in a commercial or industrial district.
Section 400.140 Height Exceptions.
[Ord. No. 111808 §1(400-301), 11-18-2008]
A.
The regulations and requirements as to height of buildings found in this code shall be subject to the following exceptions and additional regulations:
1.
In any district where allowed, public or semi-public buildings, such as hospitals, churches, hotels or schools, either public or private, may be erected to a height not exceeding seventy-five (75) feet, provided that such buildings shall have yards the depth and width of which shall be increased one (1) foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the underlying district regulations.
2.
Single-family dwellings may be erected to a height of ten (10) feet in excess of the specified height limit as established in the underlying district, provided that the required side yards shall be increased to not less than fifteen (15) feet in width each. In no case, however, shall such dwelling exceed three (3) stories in height.
3.
Parapet walls and face mansards shall not extend more than six (6) feet above the height limit.
4.
Flagpoles, chimneys, cooling towers, elevator bulkheads, gas tanks, grain elevators, stacks, storage towers, non-commercial telecommunication towers, ornamental towers, monuments, cupolas, domes, spires and standpipes not exceeding fifty (50) feet in height shall be exempt from the height regulations contained herein.
5.
Necessary mechanical appurtenances located on top of a building are exempt from the height regulations contained herein, provided no such appurtenance may exceed twenty (20) feet in height above the maximum height permitted in the underlying district and all of such appurtenance shall be set back at least fifteen (15) feet from all faces of a building when such face is adjacent to a street.
6.
Upon the establishment of an airport or heliport within the City of Peculiar, any future uses shall conform to the height regulations and procedures set forth by the Federal Aviation Administration.
Section 400.150 Encroachments Into Required Yards.
[Ord. No. 111808 §1(400-302), 11-18-2008; Ord. No. 07012013A, 7-1-2013; Ord. No. 09052024, 9-5-2024]
A.
The regulations and requirements as to the area of required yards which may be occupied shall be subject to the following exceptions and additional regulations:
1.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed except for the ordinary projection of sills, belt courses, canopies, cornices, chimneys, buttresses, ornamental features and eaves projecting up to thirty-six (36) inches; canopies or open porches having a roof area not exceeding sixty (60) square feet may project not more than six (6) feet into the required front or rear yard; open paved terraces may project not more than ten (10) feet into a front yard; existing open porches extending into a required yard shall not be enclosed.
2.
In rear yards with a depth of at least thirty (30) feet, either a deck or patio with a roof area not exceeding one hundred (100) square feet, but not both, may project not more than five (5) feet into the required rear yard. The deck and patio may be enclosed, unenclosed, covered or uncovered, but only the deck or patio.
3.
An open fire escape may project into a required side yard not more than one-half (1/2) the width of such yard, but not more than four (4) feet. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into a required rear yard.
4.
No rear yard shall be required in Districts "O-C," "C-1," "C-2," "C-P," "I-1" or "I-2" on any lot for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway tract connection.
5.
In computing the depth of a rear yard for any building where such yard abuts an alley, one-half (1/2) of such alley may be included. However, such portions of alley shall not be fenced in.
6.
The Board of Aldermen may waive yard measurements up to ten percent (10%) without the referral to the Board of Zoning Adjustment, when in their discretion doing so will aid in the creative development of a parcel.
Section 400.160 Accessory Uses and Structures, Purpose.
[Ord. No. 111808 §1(400-303.1 — 6), 11-18-2008; Ord. No. 120109 §1, 12-1-2009; Ord. No. 07012013A, 7-1-2013]
A.
There are uses and structures that are clearly incidental to the primary use of a structure or lot. Accessory uses and structures shall be constructed, maintained and conducted to be obviously secondary in nature and not to disturb or cause injury to surrounding properties and neighborhoods. The determination of whether structures and uses are considered to be accessory shall be made by the City Planner.
1.
Accessory uses, generally. Uses shall be allowed as accessory uses only to existing principal uses and structures; whenever the principal use or structure is abandoned, all accessory uses shall cease.
2.
Accessory uses, residential districts. The following uses may be allowed as accessory to a principal residential use in accordance with the following conditions:
a.
Home occupations.
(1)
A customary home occupation shall include uses such as the office of a physician, dentist, surgeon, lawyer, engineer, surveyor, accountant, dressmaker, beauty operator, real estate salesman, musician, artist or private instructor under the following restrictions:
(a)
Such use shall be clearly secondary to the residential use of the structure.
(b)
No more than one (1) employee, other than a permanent resident of the dwelling, may be employed on site.
(c)
The residential appearance of the dwelling and premises shall not be changed by alterations or additions for business or commercial uses, provided one (1) non-illuminated window display or sign no more than two (2) square feet in area may be used to advertise the same. Vehicle signage is limited to one (1) vehicle at any given time.
(d)
The maximum allowable area that may be utilized in conducting the home occupation shall be twenty percent (20%) of the floor area of the dwelling unit.
(e)
The conduct of any home occupation or office shall not reduce the number of parking spaces below what is required by ordinance.
(f)
Business shall be conducted only within an enclosed living area of the dwelling and shall not be permitted out-of-doors or in any accessory structure, except for outdoor play areas associated with a day-care center.
(g)
There shall be no storage of equipment, merchandise, supplies or packaging waste associated with the home occupation outside of the dwelling or garage, except for play equipment associated with the outdoor play area of a day-care center.
(h)
No mechanical equipment shall be utilized, except that which is customarily used for household or leisure purposes.
(i)
In no case shall a home occupation be open to customers, clients or students at a time earlier than 8:00 A.M. or later than 8:00 P.M.
(j)
The use or storage of highly flammable, combustible or explosive material is prohibited.
(k)
No activity shall be allowed that would interfere with radio or television transmission in the area, nor shall there be any activity that would cause objections or be offensive by reason of vibrations, noise or the emission of odor, dust, smoke, heat, glare or gas when measured at the property line.
(l)
The accumulation of inventories for public sale on premises and/or the sale of any merchandise or products on display within or outside the residence is prohibited, provided that orders placed by private clients or at a sales party may be filled on premises.
(2)
Welding, vehicle body repair, mechanical repair, rebuilding or dismantling vehicles and similar uses shall be prohibited as home occupations.
3.
Accessory structures, generally.
a.
Accessory structures shall be located within a side or rear yard and shall not exceed the size of the primary structure.
b.
Seasonal accessory structures shall be safely secured from the general public until such time of use.
c.
An accessory structure shall meet the setbacks for principal structures required in the underlying zoning district, except for fences and accessory structures less than two hundred (200) square feet and not exceeding the height of fifteen (15) feet. Such accessory structures shall be set back a minimum of five (5) feet from the side and rear property lines, except for any provision requiring additional setbacks pursuant to this Chapter.
4.
Accessory structures, all districts.
a.
Satellite and dish antennas.
(1)
Any accessory antenna or structure greater than ten (10) feet in height shall have a minimum setback equal to one-third (1/3) its total height;
(2)
A ground-mounted dish for private reception may be no larger than ten (10) feet in diameter and twelve (12) feet in height. It shall be placed at grade within the rear or side yard at least ten (10) feet from any property line with decorative landscaping to conceal the base; and
(3)
A roof- or structure-mounted dish for private reception no larger than three (3) feet in diameter nor project more than four (4) feet from the roof or structure surface.
b.
Solar collectors. Solar collectors are permitted, provided that the following performance standards are met:
(1)
Roof-mounted solar collector components servicing the collector panel shall be concealed, and all exposed metal shall be finished with similar colors to the structure on which it is mounted;
(2)
Roof-mounted solar collectors located on front or side building roofs which are visible from the public right-of-way shall not extend above the peak of the roof plane on which they are mounted, and no portion of the solar collector shall extend more than twenty-four (24) inches perpendicular to the point on the roof where it is mounted;
(3)
Roof-mounted solar collectors located on the rear side of building roofs shall not extend above the peak of the roof plane on which they are mounted, and no portion of the solar collector shall extend more than four (4) feet perpendicular to the point on the roof where it is mounted;
(4)
Ground-mounted solar collectors shall not exceed eight (8) feet in total height and shall be located within the rear yard at least twelve (12) feet inside the property line; and
(5)
All lines serving ground-mounted solar collectors shall be located underground.
5.
Accessory structures, residential districts. Provided a principal dwelling is located on a lot:
a.
One (1) detached garage or accessory structure may be allowed according to the following specifications:
(1)
Lots having an area of less than eight thousand four hundred (8,400) square feet shall be permitted a structure not to exceed three hundred (300) square feet.
(2)
Lots having an area between eight thousand four hundred (8,400) square feet and twenty-five thousand (25,000) square feet shall be permitted a structure not to exceed six hundred seventy-five (675) square feet.
(3)
Lots having an area in excess of twenty-five thousand (25,000) square feet shall be permitted a structure not to exceed the square foot area of the principal structure.
b.
All accessory buildings and garages must have the same type of exterior structure and finish as the principal dwelling with the following exceptions:
[Ord. No. 02012021, 2-1-2021]
(1)
Lots having an area of eighty-seven thousand one hundred twenty (87,120) square feet or more may be permitted a metal clad structure of one thousand (1,000) square feet or larger, the size not to exceed the square footage of the footprint of the principal structure, with exterior colors similar to the principal dwelling.
c.
In no case shall a detached garage or accessory building be located closer to the front property line than the rear wall of the principal dwelling;
d.
The height of a detached garage or accessory building shall not exceed the height of the principal dwelling.
e.
One (1) minor accessory structure no larger than one hundred twenty (120) square feet in area may be allowed.
f.
A carport may only be allowed in the rear yard and shall be at least six (6) feet from a lot line.
g.
A recreational court or play area shall not be located in a required front or side yard and shall be located no closer than six (6) feet to any lot line. Any lighting shall be designed to eliminate visibility beyond the property lines.
h.
Swimming pool, hot tub or spa:
(1)
Shall be located behind the front building line and not less than ten (10) feet from any rear or side line, not less than fifteen (15) feet from a side thoroughfare line on a corner lot and at least twenty (20) feet from a principal building on an adjoining lot.
(2)
If located in a side yard, a swimming pool shall not be located less than sixty (60) feet from the front lot line and not less than fifteen (15) feet from the side line.
(3)
The area in which a swimming pool or hot tub deeper than twenty-four (24) inches is located shall be entirely enclosed and separated from adjoining property by a protective fence or other permanent structure not less than four (4) feet in height, measured from grade. The enclosure shall be so constructed that a sphere four (4) inches in diameter cannot pass through. Fence posts shall be decay- or corrosion-resistant and shall be set in concrete. Such protective enclosure shall be provided with gates equipped with self-closing and self-latching devices placed at the top of the gate.
(4)
At the option of the property owner, a hot tub may be covered with a latching, protective cover instead of enclosed with fencing. The cover on the hot tub shall be closed and latched at all times that the hot tub is not in use.
(5)
Steps or ladder. Two (2) or more means of egress in the form of steps or ladders shall be provided for all in-ground swimming pools. At least one (1) such means of egress shall be located in both the deep and shallow ends of the pool. One (1) means of egress in the form of steps or ladder shall be provided for all aboveground pools. Treads of steps and ladders shall be constructed of non-slip material and at least three (3) inches wide for their full length. Steps and ladders shall have handrails on both sides.
(6)
Water supply. No source of water other than secured from a public waterworks distribution system or the owner's own on-premises well shall be used in swimming pools.
(7)
Inlets, make-up water facilities. A water recirculation system inlet shall be located so as to produce uniform circulation of water throughout the pool without the existence of dead spots and to carry pool bottom deposits to the outlets. The system shall discharge at a minimum depth of ten (10) inches below the overflow level.
(8)
Adequate pool drainage facilities shall be provided as approved by the Building Inspector.
i.
In districts "R-E" and "R-1," one (1) accessory dwelling shall be allowed in accordance with the following:
6.
Accessory structures, non-residential districts.
a.
In all non-residential districts, parking structures shall be allowed as accessory to a principal use for the purposes of fulfilling on-site parking requirements and parking for the general public.
b.
All accessory buildings and garages must have the same type of exterior structure and finish as the principal dwelling.
Section 400.170 Temporary Uses, Generally.
[Ord. No. 111808 §1(400-304.1 — 4), 11-18-2008; Ord. No. 081511A §1, 8-15-2011]
A.
Outdoor special events may be allowed after approval of a temporary use permit from the City Planner. Any property may be allowed one (1) temporary use at any given time and each temporary use permit shall be limited in duration. The City Planner shall set the duration based upon the nature of the use, time of year and conformance with any other City or State law.
1.
Temporary uses, application. An application for a temporary use permit and the required application fee shall be received at least fourteen (14) days prior to the scheduled event and shall include the following information:
a.
A completed application form as provided by the City;
b.
Legal description of the property where the temporary use is to be located;
c.
A map of the property where the temporary use is to be located depicting the location of any existing structures, parking spaces and the temporary use itself;
d.
A complete description of the proposed temporary use, including hours of operation, proposed method of merchandise display, proposed signage, list of all goods to be sold and material and equipment to be used in the proposed operation;
e.
A letter of permission from the property owner pertaining to the authorized use of the site and any other facilities or services necessary to provide for the safe operation of the event;
f.
For any use that includes the operation of a tent, a copy of the certificate of flame resistance;
g.
For any use that requires a City occupational license, a copy of the license;
h.
For any use that involves the processing and/or sale of food products, a copy of the temporary food establishment permit issued by the Cass County Health Department; and
i.
Any other information deemed necessary to conduct a thorough analysis of the application.
2.
Temporary uses, performance standards. All temporary uses shall comply with the following performance standards:
a.
Temporary uses shall demonstrate the ability to display merchandise in a manner that does not create a nuisance or adversely impact surrounding property or the visual quality of the City;
b.
Signage for temporary uses shall be limited to one (1) sign, not to exceed eight (8) square feet. The sign shall be attached to a vehicle or structure associated with the special event;
c.
No off-premise signs or attention-attracting devices shall be allowed;
d.
Special events shall be located in a manner that will not cause vehicular congestion or occupy required parking spaces for another use;
e.
Upon expiration of the permit, all associated materials and equipment shall be promptly removed from the property;
f.
If applicable, the applicant shall obtain a City occupational license and pay sales tax to the City; and
g.
Other reasonable conditions of approval may be imposed to ensure the protection of the public health, safety and general welfare.
3.
Temporary uses, violation. Any temporary use found to be operating without a required permit or operating in violation of any of the performance standards or procedural rules set forth herein, the City Planner may revoke the temporary permit and cause the temporary use to cease operation. After any such violation, the City Planner may suspend the permit holder from receiving further permits for a period of up to one (1) year from the date said permit was revoked.
4.
Temporary use, garage sale. Garage sales may be allowed by permit in accordance with Chapter 630 of the Peculiar Municipal Code.
5.
Crop cultivation may be allowed by temporary use permit in all zoning districts, except for "AG", in accordance with the following conditions:
a.
A minimum area of ten (10) or more contiguous acres is required.
b.
Any platted City block that contains a residence may not have crops cultivated.
c.
There shall be a fifty (50) foot buffer zone along all property line and right-of-way lines, which shall be mowed and maintained according to the Property Maintenance Code, unless planted in native grasses per DNR. There shall be a one hundred (100) foot buffer zone from all structures.
d.
No bare winter fields are allowed. A protective crop or grasses must be planted to control winter erosion. All fields must be mowed at least annually to destroy woody plants.
e.
Erosion controls will be utilized so as to eliminate sediment runoff from any cultivated property.
f.
Maximum normal crop height is limited to crops no higher than forty-two (42) inches.
Section 400.180 Setback Regulations When Adjacent To State Maintained Roads.
[Ord. No. 111808 §1(400-305), 11-18-2008; Ord. No. 09082025, 9-8-2025]
A.
All billboard and signboards or all signs erected along any two (2) lane non-divided, controlled or limited access highway or service road shall be set back a distance of thirty (30) feet from the edge of the pavement of the highway or service road.
B.
No building, use, signboard or other obstruction of visibility shall be located in such manner as to be hazardous to highway traffic.
C.
Barriers and clearly defined driveways shall be used to prevent parking on highway shoulders or rights-of-way and to prevent off-pavement traffic along shoulder, median strips or between adjacent business establishments. Site plans shall provide adequate off-street parking spaces for residents, employees or customers. Parking areas shall provide adequate maneuvering space for vehicles; vehicles shall enter and exit a State maintained road in a forward motion. All access and egress to the highway must conform to all Highway Department regulations.
Section 400.190 Completion of Existing Approved Building Permits.
[Ord. No. 111808 §1(400-306), 11-18-2008]
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been issued and plans have been on file with the City Clerk as of the effective date of this code, provided the construction of which shall have commenced within one (1) year of the date of such permit and the entire building shall be completed, according to such plans as filed, within two (2) years from the effective date of this code.
Section 400.200 Land Disturbance Permit Required.
[Ord. No. 111808 §1(400-307), 11-18-2008]
No person may perform land-disturbing activities, including clearing, grading, excavating, filling, storing or disposing of soil and earth materials, without first obtaining a land-disturbance permit from the City Engineer and paying the required application fee therefore as set forth in Chapter 500 of the Peculiar Municipal Code.