Pender City Zoning Code
ACCESSORY USES
AND SUPPLEMENTAL REGULATIONS
§ 151.110 ACCESSORY BUILDING.
(A) Buildings and structures may be erected and land may be used for purposes which are clearly incidental to and customarily and commonly associated with the main permitted use of the premises. Such accessory buildings and uses shall be so constructed, maintained, and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat, or glare which is injurious, damaging, unhealthful, or disturbing to adjacent property, or the users thereof, and shall be on the premises of the main use.
(B) Any accessory building shall have a minimum side yard setback of five feet on interior lots and 15 on corner lots; provided it is located between the rear property line and the rear building line of the principle building. No accessory building shall be located between the front building line of the principle building and the front property line. No accessory building shall be located closer than five feet from the rear property line or within ten feet of any other building on adjacent properties, and no accessory building shall be located within any easement or right-of-way along the rear property line. All garage entrances must have a minimum 15 feet long drive when garage opening is perpendicular to the access alley or 20 feet perpendicular to the access street. Attached garages are considered part of principal building.
(Ord. passed 8- -2010)
§ 151.111 HOME OCCUPATIONS.
(A) An occupation or activity carried on within the dwelling or accessory building by a member of the family residing on the premises, which occupation or activity is incidental and secondary to the residential occupancy and does not change the residential character nor infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes.
(B) The following conditions and restrictions shall apply to such customary home occupations:
(1) The primary use of the building or structure in which the occupation is situated shall clearly be the dwelling used by the person as his or her private residence;
(2) Signs and displays shall be limited to one non-illuminated sign not exceeding six square feet in area; and
(3) No equipment or machinery shall be used in such activities that create excessive noise, smoke, odor, dust, radiation, electrical interference, or vibration. Parking shall be handled in such a manner as to not impede or hinder traffic on any public right-of-way.
(Ord. passed 8- -2010) Penalty, see § 151.999
§ 151.112 MANUFACTURED HOMES.
All manufactured homes located outside mobile home parks shall meet the following standards:.
(A) The home shall have no less than 900 square feet of floor area;
(B) The home shall have no less than an 18-foot exterior width;
(C) The roof shall be pitched with a minimum vertical rise of two and one-half inches for each 12 inches of horizontal run;
(D) The exterior material shall be of a color, material and scale comparable with those existing in residential site-built, single-family construction;
(E) The home shall have a non-reflective roof material which is or simulates asphalt or wood shingles, tile, or rock;
(F) The home shall have wheels, axles, transporting lights, and removable towing apparatus removed;
(G) Nothing in this subchapter shall be deemed to supersede any valid restrictive covenants of record; and
(H) The home must meet building code requirements adopted by the village.
(Ord. passed 8- -2010)
§ 151.113 YARD REGULATIONS.
(A) Front yards. The front yards heretofore established shall be adjusted in the following cases:
(1) Where 40% or more of the frontage on one side of a street between two intersecting streets is developed and the buildings on this side of a block have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings; provided that no building shall be required to have a front yard setback of more than 50 feet; and
(2) Where 40% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have a front yard less than the required, new buildings shall not be erected closer to the street than the nearest building on the block.
(B) Structural projections. The ordinary projections of chimneys and flues, buttresses, eaves, overhangs, open-unenclosed steps, or stoops up to five feet in height may extend into required yards for a distance of not more than two feet in the required side yard and not more than five feet in the required front yard.
(Ord. passed 8- -2010)
§ 151.114 EXCEPTIONS TO HEIGHT REGULATIONS.
The height limitations contained in the schedule of district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy and agricultural structures.
(Ord. passed 8- -2010)
§ 151.115 EXCEPTION TO LOT SIZE REQUIREMENTS.
If, at the time of passage of this subchapter, a lot or the aggregate of contiguous lots or land parcels held in a single ownership, has an area or dimension which does not meet the lot size requirements of the district in which the property is located, the lot or aggregate holdings may be occupied by any use permitted outright in the district subject to the other requirements of the district.
(Ord. passed 8- -2010)
§ 151.116 MOBILE HOME PARKS.
(A) Generally. Mobile home parks shall only be allowed in the R-3 Zoning District under the following conditions.
(1) Individual mobile home lots shall have an area of not less than 4,000 square feet per single wide mobile home and 6,000 square feet for double wide mobile homes, and the total number of lots per gross acre shall not exceed six.
(2) Mobile homes shall be situated on individual lots so there will be a minimum of 15 feet between mobile homes and that each mobile home will be set back at least 15 feet from the nearest service road. Mobile homes parked end-to-end shall have an end-to-end clearance of not less than ten feet. Enclosed additions shall be considered a part of the mobile home in measuring required yard distance. The required area for each mobile home space shall not include area required for access or service roads, service buildings, recreation areas, office, and other similar mobile home park needs.
(3) The mobile home park shall have direct access to a public street or highway by a right-of-way at least 50 feet in width and a minimum length of 100 feet to permit the easy entrance and exit from the mobile home park. Service roads shall be provided to each mobile home space. Each service road shall provide for continuous forward movement, shall connect with a street or highway, and shall a minimum clear width of 20 feet paved with a suitable dustless material.
(4) Walkways not less than four feet wide shall be provided from mobile home spaces to the service buildings. All walkways within the park shall be hard surfaced and lighted at night with a minimum illumination of 25 watt lamps spaced at intervals of not more than 100 feet.
(5) Two off-street parking spaces for each mobile home space shall be provided at each mobile home space or in group parking. Each off-street parking space shall be at least 300 square feet.
(6) (a) The area of the mobile home stand shall be improved to provide an adequate and approved foundation for the placement and tie-down of the mobile home, thereby securing the super-structure against uplift, sliding, rotation, or overturning.
(b) The mobile home or trailer stand shall be on incombustible materials and shall not shift or settle unevenly under the weight of the mobile home or trailer due to frost action, inadequate drainage, vibration, or other forces acting upon the super-structure. The mobile home or trailer stand may be provided by means of a solid concrete footer block (16" x 16" x 4" minimum) placed on solid uniform soil with at least two standard concrete blocks with cells placed vertically beside each other on the footer block. A solid four inches concrete cap covering the two concrete blocks shall be provided as the bearing area to be positioned directly beneath the steel frame of the mobile home or trailer. Such clocking shall be provided along the full length of the mobile home or trailer unit, spaced not more than ten feet apart, and not more than five feet from the ends of the unit.
(7) The mobile home or trailer stand shall be provided with anchors and the tie downs such as cast-in-lace concrete “dead men,” eyelets imbedded in concrete foundations or runways, screw augers, arrowhead anchors, or other devices securing the stability of the mobile home or trailer. The tie-down devices shall be compatible with the foundation system provided for the mobile home or trailer such that the tie-downs are designated to resist the action of frost in the same manner as the foundation system.
(8) The skirting of all mobile homes and trailers is required. Such skirting shall not attach a mobile home or trailer permanently to the ground, but shall be sufficient to withstand wind load requirements and shall not provide a harborage for junk or rodents, nor create a fire hazard. Such skirting shall be provided with removable access panels sufficient to provide easy access to all utility connection points of the mobile home or trailer and its subsequent connection to the utility raisers if they are located within the skirted area.
(B) Permit the creation of mobile home parks in which the individual mobile home lots are available for sale. Wherever a mobile home park is permitted by this chapter to be created through the granting of conditional uses, or otherwise, said mobile home park may be designed to permit the sale of the individual mobile home lots within said park. A proposed mobile home park in which the individual mobile home lots will be offered for sale must meet all of the following requirements.
(1) The individual mobile home lots shall, for the district within which such mobile home park is located, meet the minimum lot requirements, minimum yard requirements, maximum lot coverage, and maximum height requirements of such districts.
(2) Each such mobile home lot shall be individually serviced with all utilities and shall be individually metered for all utilities and treated in all respects by the village as a separate user of utilities.
(3) The developer of such mobile home park shall be required to secure a preliminary and final plat as per the subdivision process outlined in Chapter 152.
(4) At the time of an application for a special use permit, or at the time of the application for subdivision in a mobile home park where the lots are to be offered for sale, the developer shall submit all legal documents necessary for the creation of an association having the purpose of maintaining, controlling, and covering all expenses, taxes, and costs incurred on common areas within the mobile home park. Such association shall require that all property owners within the mobile home park be members thereof and pledge the lots owned within the mobile home park as security for the association performing such obligations. Covenants shall be placed on the property by the developer and owners thereof so as to ensure this obligation. These documents shall be submitted by the proper officials to the Board of Trustees for its approval and no subdivision permit or special use permit may be issued without the approval of these documents by the Board of Trustees.
(Ord. passed 8- -2010)
§ 151.117 FENCE REGULATIONS.
Notwithstanding other provisions of this chapter, fences, walls, and hedges may be permitted in any required yard; provided that no fence, wall, or hedge along the sides or front edge of any front yard shall be over three and one-half feet in height. Additionally, on a corner lot in a residential district, a sight triangle shall be provided such that nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of their intersection. The following regulations shall apply to the construction of fences.
(A) No solid fence shall be constructed closer to the street than the property line. No fence shall be closer than two feet to the sidewalk.
(B) No fence erected in a required front yard shall materially obstruct public view. Permitted types of fences shall include split rail, chain link, or other similar material. No component of a front yard fence shall exceed three and one-half feet in height, nor shall any structural member exceed 36 inches in cross-sectional area.
(C) No fence shall be constructed which will constitute a traffic hazard as identified in the site triangle of a corner lot.
(D) No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals by intent of its construction or by inadequate maintenance.
(E) No fence within residential districts, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six feet, except for the provisions of division (J) below.
(F) All fences shall conform to the construction standards of the Building Code and other applicable ordinances and resolutions.
(G) In commercial and industrial districts, maximum height offences shall be eight feet. When industry standards for certain types of businesses require fences of greater heights, the Zoning Administrator at his or her direction, may allow greater heights.
(H) All fences constructed in the village shall comply with the provision of this section and obtain a building permit.
(I) Good side of fence shall face to the outside of the property.
(J) (1) All outdoor swimming pools shall be enclosed by a fence or wall at least six feet, but not more than eight feet in height with a gate or gates which can be securely locked.
(2) SWIMMING POOL shall be defined as any permanent depression in the ground or any permanent above or below ground container in which water more than 18 inches deep is contained and which is used primarily for the purpose of bathing or swimming. For purposes of this section, PERMANENT shall mean a device which remains in place Memorial Day through Halloween and is not dismantled, stored, moved, or removed on a seasonal basis. This definition does not include hot tubs nor does it include such temporary devices as children’s wading pools, inflatable pools, or similar devices, regardless of water depth.
(Ord. passed 8- -2010; Ord. 635, passed 9-18-2018) Penalty, see § 151.999
§ 151.118 SIGN REGULATIONS.
The following regulations shall govern the location, area, and type of signs permitted within the village.
(A) Intent and applicability. The following regulations shall govern the locations, areas heights, and types of signs permitted within the zoning jurisdiction of this chapter.
(1) All signs hereafter constructed, erected, printed, or otherwise established, moved, altered, or changed shall comply with this chapter.
(2) After the effective date of this chapter, no sign shall be erected, enlarged, constructed, or otherwise installed without first obtaining a sign permit. A sign permit shall be legally issued only when in compliance with this section.
(3) No accessory sign, advertising display or structure, poster, or device shall be erected, moved, enlarged, maintained, or reconstructed except as expressly permitted by this subchapter; provided, however, that such state, county, and municipal signs and traffic signs as are installed for public purposes are exempt from these requirements.
(4) Non-conforming signs existing at the time of enactment of this chapter may be repaired or maintained, but may not be otherwise established, moved, altered, or changed except in compliance with the provisions of this chapter.
(5) Temporary signs or banners on or over public property may be authorized by the Board of Trustees for a period not to exceed ten days.
(6) Signs attached to a building and projecting over a street, alley, or other public space shall project no more than ten feet and be no closer than two feet to a plumb line from curb line; clearance below such signs shall be a minimum of nine feet.
(7) No sign except for those of incidental sales of a non-commercial basis shall be constructed, erected, remodeled, relocated, or expanded, until a sign permit for such sign has been obtained authorized and signed by the Zoning Administrator excluding general maintenance. Such requirement shall pertain to both permanent and temporary signs. A fee for application for a sign permit for signs shall be paid to the village to handle processing costs. In addition, information pertinent to the sign characteristics and dimensions must be presented to the Zoning Administrator sufficient to determine compliance with the ordinance.
(B) On- and off-site signs on interstate or federal aid primary highways. The erection or maintenance of any advertising sign, display, or device which is visible to the traveled way of the National System of Interstate and Defense Highways, and the system of federal-aid primary roads of the state as defined by the State Department of Roads, is hereby prohibited unless in compliance with the regulations set forth in rules and regulation relating to the control of advertising in areas adjacent to the interstate and federal aid primary highways, as amended, adopted, and published by the State Department of Roads. As of July, 1976, primary highways within the village’s zoning jurisdiction are Highways 1 and 50.
(C) Prohibited signs. Signs shall not be erected or maintained in such a manner as to obscure, or otherwise physically interfere with an official traffic sign, signal, or device, or in such a manner as to obstruct or interfere with a driver’s view of approaching, merging, or intersecting traffic. This shall also mean pedestrian traffic on sidewalks. All road signs shall be maintained in a neat and presentable condition.
(D) District regulations.
(1) Agriculture Residential District (AGR). No regulations apply other than those outlined herein.
(2) Residential Districts (R-1, R-2, and R-3).
(a) Signs permitted in the residential districts shall be erected and maintained at least 15 feet from the street or road line.
(b) One sign not illuminated, less than six square feet in area for each dwelling. A maximum of two signs are permissible for multi-family apartment buildings, whether attached to the apartment building or mounted on the ground, at a maximum size of 12 square feet for each sign.
(c) Any temporary sign, not illuminated, less than six square feet in area, advertising the sale, lease, or rental of the property.
(3) General Commercial District (C-1). Illuminated or non-illuminated signs identifying the character or the establishment. No one sign shall exceed 50 square feet in area.
(4) Highway Commercial District (C-2). Illuminated or non-illuminated signs identifying the character of the establishment. No one sign shall exceed 100 square feet in area.
(5) Industrial District (I). In an I District, identification and advertising signs accessory to the allowed use are permitted except that each sign shall be limited to 100 square feet in area.
(E) Political signs.
(1) Political signs are not authorized in any zoning district except for a period of 30 days before a national, state, village, or local governmental subdivision election to which they apply, and such signs must be removed within a period of five days after such election.
(2) No political signs shall be permitted on the public streets, parks, alleys, or other public areas.
(F) Discontinuation of use. In the event the use or need of a sign shall cease, the sign shall be removed promptly and the area restored to a condition free from refuse and rubbish. After 30 days’ notice and failure to do so, the village shall remove the sign and assess the charges to the owner.
(Ord. passed 8- -2010) Penalty, see § 151.999