Ranlo City Zoning Code

ENFORCEMENT AND

MISCELLANEOUS PROVISIONS

§ 154.120 ENFORCEMENT OF CHAPTER PROVISIONS.

(A) Inspections Superintendent. The Inspections Superintendent is hereby authorized, and it shall be his or her duty to enforce the provisions of this chapter.

(B) Building permits.

(1) No buildings, structure, or sign or any part thereof shall be erected, added to, or structurally altered, nor shall any excavation for the building or structure be commenced until a building permit therefor has been issued by the Inspections Superintendent.

(2) Each application for a building permit shall be accompanied by a plat, drawn to scale, showing accurate dimensions of the lot to be built upon, accurate dimensions of the building to be erected, its location on the lot, and other information as may be necessary to provide for the enforcement of this chapter. A careful record of the applications and plats, together with a record of the action thereon, shall be kept in the office of the Inspections Superintendent.

(C) Certificate of occupancy. It shall be unlawful to use or permit the use, except for agricultural purposes, of any land, building, or structure or part thereof, hereafter created, erected, changed, converted, altered, or enlarged, wholly or in part, in its use of structure, until a certificate of occupancy shall have been issued by the Inspections Superintendent stating that the building or structure and/or the proposed use complies with the provisions of this chapter. A certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or alteration of the building or structure has been completed in conformance with the provisions of this chapter. If at any time compliance with the provisions of this subchapter ceases, any certificate of occupancy which shall have been issued for the use of the property shall immediately become void and of no effect. A record of all certificates shall be kept on file in the office of the Inspections Superintendent.

(D) Certification of manufactured housing as meeting appearance criteria. The Inspections Superintendent shall determine that a manufactured home or a model of a manufactured home in the case of identical units, meet the following appearance criteria and so certify, if the Building Inspector can find the following: (All double-wides must be Class A, manufactured housing, see definitions).

(1) Length - width ratio. The main portion of the building, when viewed from the front lot line, shall have a building length not exceeding four times the building width.

(2) Roof pitch. The pitch of the main roof of the building shall have a minimum rise of one foot for each five feet of horizontal run.

(3) Exterior finish. The exterior materials shall be of a color, material, and scale comparable with those existing in the immediate vicinity, and in no case shall the degree of reflectivity of exterior finishes exceed that of gloss white paint.

(4) Foundation. A continuous permanent masonry foundation, unpierced except for required ventilation, shall be installed under all elements of the building.

(5) Chassis removal. The tongue and undercarriage chassis shall be removed subsequent to final placement.

(Prior Code, § 9-4091) (Ord. passed 4-27-1970; Ord. passed - -) Penalty, see § 154.999

§ 154.121 EFFECT UPON OUTSTANDING BUILDING PERMITS.

Nothing contained herein shall require any change in the plans, construction, size, or designated use of any building, structure, or part thereof for which a building permit has been granted by the Inspections Superintendent before April 20, 1970 or any amendment thereto; provided, however, that where construction is not begun under an outstanding permit within a period of 90 days subsequent to April 20, 1970 or an amendment thereto, or where it has not been prosecuted to completion within 18 months subsequent to April 20, 1970, any further construction or use shall be in conformance with the provisions of this chapter.

(Prior Code, § 9-4092) (Ord. passed 4-27-1970; Ord. passed - -)

§ 154.122 INTERPRETATIONS AND INTENTION OF CHAPTER PROVISIONS; CONFLICTS WITH OTHER ORDINANCES.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this chapter shall govern.

(Prior Code, § 9-4093) (Ord. passed 4-27-1970)

§ 154.123 AMENDMENTS AND CHANGES.

(A) The Board of Commissioners may from time to time, on its own motion or on petition, after public notice and hearing as provided by law, amend, supplement, change, modify, or repeal the boundaries or regulations herein or subsequently established, after submitting the petition to the Planning and Zoning Commission for its recommendations and report.

(1) Once a completed application for petition has been received by the Zoning Administrator, and the fees paid, the Zoning Administrator shall promptly review it, and if complete, shall refer the application to the Planning and Zoning Commission for consideration at its next regularly scheduled meeting.

(2) The Planning and Zoning Commission shall have 30 calendar days from the date of referral by the Zoning Administrator to review the application and to submit its recommendation to the Board of Commissioners.

(3) A Planning and Zoning Commission member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

(4) (a) Upon making a recommendation, the Planning and Zoning Commission shall advise and comment on whether the proposed amendment is consistent with any comprehensive plan that has been adopted, and any other officially adopted plan that is applicable. The Planning and Zoning Commission shall provide a written recommendation to the Board of Commissioners that addresses plan consistency and other matters as deemed appropriate by the Planning and Zoning Commission, but a comment by the Planning and Zoning Commission that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing Board.

(b) In case, however, that a protest petition is filed against the change on forms prescribed and furnished by the town, the amendment shall not be passed except by a three-fourths vote of all members of the Board of Commissioners.

(c) For purposes of this division(A)(4), vacant positions on the Board of Commissioners and members who are excused from voting shall not be considered “members of the Board of Commissioners” for calculation of the requisite three-fourths vote. To qualify as a protest, the petition must be signed by the owners of either: 20% or more of the area included in the proposed change; or 5% of a 100-foot-wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned. A street right-of-way shall not be considered in computing the 100-foot buffer area, as long as that street right-of-way is 100 feet wide or less. When less than an entire parcel of land is subject to the proposed zoning map amendment, the 100-foot buffer shall be measured from the property line of that parcel. In the absence of evidence to the contrary, the town may rely on the county tax listing to determine the “owners” of potentially qualifying areas. A person who has signed a protest petition may withdraw his or her name from the petition at any time prior to the vote on the proposed zoning amendment. Only those protest petitions that meet the qualifying standards set forth in this division (A)(4) at the time of the vote on the zoning amendment shall trigger the super majority voting requirement.

(B) A notice shall be published in a newspaper having general circulation in the town area, once a week for two successive weeks, the first notice to be published not less than ten days nor more than 25 days prior to the date established for the public hearing. In computing such time, the date of publication is not to be included, but the date of the hearing shall be included.

(C) The Inspections Superintendent, when feasible, shall cause to be erected, in a conspicuous place, a sign on the subject property or on an adjacent street or highway right-of-way. The sign shall be erected with regard to which any petition is filed to have the provisions of this chapter amended, supplemented, changed, or modified, giving notice that it is proposed to rezone the property, or that it is proposed to grant a special exception or variance, and to which sign is attached a copy of the notice required by law to be posted or advertised, which sign shall be so maintained on the property for at least 15 days prior to the date of the required public hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the town shall post sufficient notices to provide reasonable notice to interested parties.

(D) A notice of the proposed zoning change shall be sent by first class mail to all adjacent and abutting property owners at least ten calendar days prior to the public hearing. In the case of “large-scale rezonings” (more than 50 properties owned by a total of at least 50 different property owners), the town may elect to publish notice of the hearing per division (B) above, provided that each of the advertisements shall not be less than one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulations of the newspaper publishing the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified by first class mail.

(E) Every petition to have the provisions of this chapter amended, supplemented, changed, or modified as to any property shall be submitted on forms prepared by the town, and shall be accompanied by a check in an amount according to the fees established by the Board of Commissioners, to be used by the town toward defraying the advertising costs and other expenses in connection with the petition.

(F) When a petition for a change in zoning classification has been denied by the Board of Commissioners after a public hearing, no new petition for any change of the same property or any part thereof shall be filed within a period of 12 months from the date of such decision by the Board.

(1) After the public hearing has been conducted and officially closed, the Board of Commissioners shall render a decision concerning the proposal not later than the next regularly scheduled Board of Commissioners meeting. A Board of Commissioners member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

(2) Prior to adopting or rejecting any zoning amendment, the Board of Commissioners shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan, and explaining why the Board of Commissioners considers the action taken to be reasonable and in the public interest.

(G) A petition for a change in zoning classification may be withdrawn by the applicant at any time without penalty prior to consideration of such request by the Planning and Zoning Commission.

(H) A petition for a change in zoning classification may be withdrawn after approval of but prior to a public hearing before the Planning and Zoning Commission, provided a written request for withdrawal bearing the signature of the applicant shall have been received by the Town Clerk in sufficient time to allow at least two normal working days, excepting Saturdays, Sundays, and legal holidays, before the date established for the public hearing before the Planning and Zoning Commission on the proposed change in order to notify the public of such withdrawal. Thereafter, no new petition for any change in zoning classification of the same property, or any part thereof, shall be filed within a period of 60 days immediately following the withdrawal of the petition.

(I) A petition for a change in zoning classification may be withdrawal by the applicant prior to a public hearing before the Board of Commissioners, provided a written request for withdrawal bearing the signature of the applicant which shall have been received by the Town Clerk in sufficient time to allow at least two normal working days, excepting Saturdays, Sundays, and legal holidays, before the date established for the public hearing in order to notify the public of such withdrawal. Thereafter, no new petition for any change in zoning classification of the same property, or any part thereof, shall be filed within a period of 90 days immediately following the withdrawal of the petition.

(J) A request for a withdrawal which does not meet the requirements of divisions (F) and (G) above specifying the place and time for filing a written request for withdrawal may be granted either by the Planning and Zoning Commission or by the Board of Commissioners at the time of the public hearing; provided however, in such event, no new petition for any change in zoning classification of the same property, or any part thereof, shall be filed within a period of six months from the date of such decision permitting withdrawal by the Planning and Zoning Commission or within nine months from the date of such decision permitting withdrawal by the Board of Commissioners.

(Prior Code, § 9-4094) (Ord. passed 4-27-1970; Ord. passed - -, Ord. passed 6- -2006)

§ 154.124 HOME BUSINESSES.

(A) The home business shall be clearly incidental to the residential use of the homeowner and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the district of which it is a part.

(B) Use of the property for a home business shall be limited to 25% of the indoor property.

(D) No parking lots will be constructed for use due to the home business.

(E) No additional buildings shall be constructed or placed on the property for use due to the home business.

(F) No signs larger than two feet by two feet shall be displayed on the property of the homeowner to advertise the home business. In no situation shall they be illuminated. Signs may be no closer than 15 feet to the sidewalk or roadway, whichever exists at the edge of the property.

(G) Any beauty shops or barber shop shall comply to all required rules and regulations adopted by the State Board of Health.

(H) Any food products sold from a home business must comply to all required rules and regulations adopted by the State Board of Health.

(I) Any trash, debris, and the like created by the home business will be disposed of by the homeowner and will not be allowed to accumulate on the property in view of their neighbors. This trash, debris, and the like will not be disposed of by the town’s Public Works Department, and no citizen is allowed to enter the Public Works Department garage area to dispose of this material. Neither can a town employee give permission for any of this material to be placed on town property for disposal. No dumpsters are allowed at private homes. Homeowner must provide transportation to a public landfill and pay appropriate fees themselves. Homeowners may not use any other commercial dumpsters placed in the town for the disposal of their home business trash, debris, and the like.

(J) Chemical, mechanical, or electrical equipment that creates foul odors, excessive noises, or interference in radio or television reception detectable outside their own property shall be prohibited.

(K) Home business owners must comply with all laws of the town, the state, and the federal government in relation to the disposal of waste, whether it be chemical or bulk waste. Sewer system regulation of disposal must be strictly adhered to. Hazardous materials, bulk products, paint, oils, disinfectants, cleaning fluids, and any other products prohibited by state law, shall not be put into the town sewer system. If traces of this show up, the source will be researched and the homeowner will be fined and/or the business will be shut down.

(L) Absolutely no display of products or production of products shall be visible on the outside yard area of the property. All home business is to be conducted indoors.

(M) No vehicles, other than a standard passenger vehicle, shall be parked at the home for use by a home business, or by their customers or business associates.

(N) A special home business permit is required by each property owner for each home business. The fee for this permit is $25 per year and must be paid no later than June 30 of each year. The permit will be good for July 1 to June 30 of the following fiscal year. All new businesses must apply for a permit before beginning their business and would be required to renew by June 30 of that first fiscal year, regardless of when they opened their business. (Example: open a business in January 1999, get a permit before beginning business. In June 1999 apply for a new permit for the year beginning July 1, 1999.) If a homeowner moves to a new location within the town and plans to continue their business, they must reapply for a new permit under the new location. Permits cannot be transferred between persons or locations. If the name of the business changes, then the homeowner must apply for a new permit for all records to be accurate and legal.

(O) The Town Coordinator, members of the Centralina Council of Governments, or the town police may enter any home business when the owner of the business is present, for inspection for the purpose of confirming compliance of all regulations. Refusal of the homeowner to allow inspection of the business may result in the business being closed until such compliance inspections may be conducted.

(P) The following businesses are permitted as customary home business occupations:

(1) Accountant;

(2) Appraiser;

(3) Architect;

(4) Attorney;

(5) Bookkeeper;

(6) Broker or agent;

(7) Commission merchant:

(a) Mailing address and office only;

(b) Take orders only; or

(8) Contractor’s office: workers may not report there to do work therein connected with the contractor’s business;

(9) Dance lessons: limited to six persons per class;

(10) Piano lessons: limited to one student at a time;

(11) Drafting service: no reproduction equipment permitted;

(12) Dressmaker:

(a) No manufacturing for stock in trade; and

(b) No cleaning, dyeing, or pressing by mechanically operated equipment.

(13) Engineer: office only;

(14) Art lessons: limited to four students at a time;

(15) Security monitoring: office only, no customer service or collections;

(16) Landscape office: office only, no storage of supplies or equipment permitted;

(17) Mail order business: no stock in trade permitted;

(18) Stenographer: no printing equipment allowed;

(19) Telephone answering service: no other equipment allowed, such as recording devices, or other electronic equipment;

(20) Tutoring of school students as a profitable business is limited to one student at a time;

(21) Beauty shop or barber shop: must be set up and operated according to State Health Department regulations;

(22) Florist: no large delivery vehicles allowed at home. Must adhere to all state health regulations;

(23) Cosmetics and beauty aid sales (such as Avon, Amway, and the like) must meet any and all state health regulations;

(24) Pet grooming:

(a) Must be operated according to state and county health, safety, and animal control/protection laws;

(b) No veterinary services may be conducted beyond customary grooming; and

(Q) No restaurants or fast food products shall be allowed in a home business. No vehicle repair garages, paint shops, dry cleaning businesses, retail clothing shops, or general merchandise shops of products shipped into the home will be allowed as home businesses.

(Prior Code, § 9-4002) (Ord. passed 7-24-1970; Ord. passed - -; Ord. passed - -; Ord. passed 4-9-1998; Ord. passed 5-15-2007; Ord. passed 7-10-2014; Ord. passed 1-8-2015)

§ 154.125 SOLAR ENERGY SYSTEM TYPES.

(A) Level 1 solar energy system includes the following:

(1) Roof-mounted on any code-compliant structure;

(2) Ground-mounted on an area of up to 50% of the footprint of the primary structure on the parcel but no more than one acre;

(3) Covering permanent parking lot and other hardscape areas; and

(4) Building integrated solar (such as, shingle, hanging solar, canopy, and the like).

(B) Level 2 solar energy systems are ground-mounted systems not included in level 1 that meet the area restriction listed below:

(1) Residential: SES less than one-half acres;

(2) Commercial/business: SES less than ten acres;

(3) Industrial: SES of any size; or

(4) Office/institutional: SES less than or equal to ten acres.

(C) Level 3 solar energy systems are systems that do not satisfy the parameters for a Level 1 or Level 2 solar energy system.

(D) The following are requirements/standards connected with this use.

(1) All solar panels must be constructed and positioned to minimize glare onto adjacent properties and adjacent roadways and must not interfere with traffic or create a safety hazard.

(2) Warning signals concerning voltage must be placed at the main gate to include the name of the solar farm operator and a local phone number of the solar farm operator in case of emergency.

(3) Landscape buffer/screens, ground cover, security fences, gated, and warning signs must be maintained in good condition until the solar farm is decommissioned as set forth in the Decommissioning Plan.

(4) The conditional use permit issued the City Council is subject to revocation if the Zoning Administrator is not notified when the solar farm company holding the permits sells or otherwise transfers its interest to another entity or individual.

(5) Removal of solar farm equipment and site restoration.

(a) Applicant must include decommissioning plans that describe the anticipated life of the solar farm, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the solar farm will be decommissioned and the site restored.

(b) Following a continuous six-month period in which no electricity is generated, the permit holder will have six months to complete decommissioning of the solar farm. Decommissioning includes removal of solar panels, buildings, cablings, electrical components, and any other associated facilities below grade as descried in the approved decommissioning plan.

(c) Prior to issuance of the zoning compliance certificate by the Zoning Administrator, the applicant must provide the town with a performance guarantee as provided in division (D)(5)(d) below.

1. The amount of the guarantee shall be one and one-fourth times the estimated decommissioning cost minus the salvageable value, or $50,000, whichever is greater.

2. Estimates for decommissioning the site and salvage value shall be determined by a state licensed engineer or a licensed contractor.

3. It is the responsibility of the applicant to provide the town with the certified cost estimate.

(d) The following types of performance guarantees are permitted.

1. A surety or performance bond that renews automatically includes a minimum 60-day notice to the town prior to cancellation, is approved by the Town Administrator, and is from a company on the U.S. Department of Treasury’s listing of certified companies. A bond certificate must be submitted to the Zoning Administrator each year verifying the bond has been properly renewed.

2. A certified check deposited with the Town Finance Director, as escrow agent, who will deposit the check in an interest-bearing account of the town, with all interest accruing to the applicant. Funds deposited with the Town Finance Director will be returned when the solar farm is decommissioned and any necessary site restoration is completed.

3. A no-contest irrevocable bank letter of credit from a banking corporation licensed to do business in the state. The terms of the letter must include the absolute right of the Town Finance Director to withdraw funds from the bank upon certification by the town that the terms and conditions of the performance guarantee have been breached. The letter of credit must be valid up to 12 months from the date the performance guarantee was approved.

(e) The full amount of the bond, certified check, or letter of credit must remain in full force and effect until the solar farm is decommissioned and any necessary site restoration is completed.

(f) The land owner or tenant must notify the town when the site is abandoned.