Except as hereinafter provided, no building, structure, or land shall hereafter be used and no building or part thereof of a structure shall be erected, constructed, reconstructed, occupied, moved, altered, or repaired, except in conformity with the regulations herein specified for the class of district in which it is located.

(Ord. passed 5-16-2023)

   Any building, structure, or use lawfully existing at the time of enactment of this chapter may be continued, except certain non-conforming uses as provided in § 154.038. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Building Inspector.

(Ord. passed 5-16-2023)

   (A)   Any lawfully established use of a building or land, at the effective date of this chapter, or of amendments thereto, that does not conform to the use regulations for the district in which it is located (except residential building lots, with existing single-family dwellings, located in the AG-1 and AG-2 Districts with less than the required minimum lot size, which shall be deemed conforming), shall be deemed to be a legal non-conforming use and may be continued, except as otherwise provided herein.

   (B)   Any legal non-conforming building or structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

   (C)   Any building for which a permit has been lawfully granted prior to the effective date of this chapter, or of amendments thereto, may be completed in accordance with the approved plans; provided, construction is started within six months and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.

   (D)   Any non-conforming building or structure which has been or may be damaged by fire, flood,

explosion, earthquake, war, riot, or other act of God, may be reconstructed and used as before if it be done within 12 months of such calamity, unless damaged more than 50% of its fair market value, as determined by the Board of Appeals, at the time of such damage, in which case, reconstruction shall be in accordance with the provisions of this chapter.

   (E)   No building, structure, or premises where a non-conforming building or structure which has been or may be discontinued for more than one year, or has been or may be changed to a use permitted in the district in which it is located, shall again be devoted to a non-conforming use.

   (F)   Any building or structure devoted to a non-conforming use with a fair market value of less than

$500, as determined by the Board of Appeals, may be continued for a period not to exceed three years after enactment of this chapter, where upon such non-conforming use shall be removed or changed to a conforming use.

   (G)   (1)   Any legal, non-conforming use shall be enclosed in all sides by a solid wall or tight board fence not less than eight feet high if said use includes storage, repair or maintenance of vehicles, equipment, or materials on the premises and not within the building.

      (2)   Said wall or fence shall be maintained to the satisfaction of the Building Inspector. Any use so described that is in existence at the time of this amendment is adopted shall comply with said fencing requirement within 180 days of the adoption of this amendment.

   (H)   A non-conforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and only if the required yards for the district in which it is located are maintained for such enlargement, except as provided for under variances of this chapter.

   (I)   No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such non-conforming use.

   (J)   No non-conforming building in any Residential District shall be so altered as to increase the number of dwelling units therein.

   (K)   No non-conforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed at the effective date of this chapter, or to displace any conforming use in the same building or the same parcel.

   (L)   Where a use is classified as a special use under this chapter and exists as a special use or permitted use at the date of the adoption of this chapter, it shall be considered to be a legal special use.

   (M)   Where a use is not allowed as a special or permitted use under this chapter or at the date of the adoption of this chapter and exists as an additional use as provided in the County Zoning Ordinance adopted July 1995, as amended, it shall be considered to be a non-conforming use and shall be subject to the applicable non-conforming use provisions of this section.

   (N)   Where non-conforming setbacks are a result of road widening on behalf of a municipality, county, state, or township highway department, it shall not be subject to the applicable non-conforming use provisions of this section.

(Ord. passed 5-16-2023)

   Every lot shall have at least 20 feet of frontage which provides reasonable access onto the public right-of-way dedicated to street purposes. No building in the rear of a principle building on the same lot shall be used as a dwelling. Setbacks for flag lots will be determined at the start of the buildable area of the lot.

(Ord. passed 5-16-2023)

   (A)   No accessory building or buildings shall be erected in any required court or yard. When erected in a side yard in an AG-1, AG-2, SE-1, SE-2, or any R District, the accessory building shall maintain a five-foot setback. When erected in a rear yard in an AG-1, AG-2, SE-1, SE-2, or any R District, the accessory building shall maintain a five-foot setback. In any zoning district, accessory buildings shall not occupy more than 30% of the lot area, and in any R District, it or they shall not exceed the total ground floor footage of the primary structure, except for swimming pools, and shall be a distance of five feet from any lot line that adjoins an AG-1, AG-2, SE-1, SE-2, or any R District. Accessory buildings in all Residential Districts shall not exceed 15 feet in height, except that an accessory building used in part or wholly as a dwelling for domestic employees of the owners or of the tenants of the principle building shall not exceed two stories or 25 feet in height, provided it shall conform to the open space requirements of this chapter for a principle building, and for the purpose of determining the front yard in such case, the rear line of the rear yard required for the principle building shall be considered the front lot line for the building in the rear. Where the natural grade of a lot at the front wall of the principle building is more than eight feet above the average established curb grade in front of the lot, a private garage may be erected within any yard or court, but not within ten feet of any street line, provided that at least one-half of the height of such private garage shall be below the level of the yard or court.

   (B)   Any accessory building may be erected as an integral part of the principle building, or if at least six feet from the principle building, may be connected to the principle building by a breezeway or similar structure, provided all yard and court requirements of this chapter for the principle building are complied with, unless such accessory building is in a rear yard, in which case the applicable provisions of § 154.040(A) shall apply.

   (C)   (1)   For zoning lots with a gross area of 25,000 square feet or greater in an AG-1, AG-2, or SE-1 District, accessory building may be allowed in the front yard, provided all other requirements of this chapter are met.

      (2)   For zoning lots in any R District, or the SE-2 Suburban Estates Medium Density District with a lot area of 25,000 square feet or greater, one accessory building may be erected in the front yard as follows;

      (1)   Lot size building maximum standards are as follows:

 

 

      (2)   For zoning lots greater than 15 acres, no more than two accessory buildings will be allowed in the front yard and no size limitation will be placed on the size of the accessory building, provided:

         (a)   The principle building is, or shall be, located at a minimum of 200 feet from the front property line; and

         (b)   The accessory building(s) shall be located at, or behind, the front yard building setback for the Zoning District in which the lot is located.

   (D)   For zoning lots that abut upon a river, accessory buildings may be located in front yards, provided:

      (1)   The principle building fronts the river; and

      (2)   (a)   Accessory buildings are located in front yards on zoning lots with frontage upon the same side of the street between two intersecting streets or within a distance of 300 feet in each direction from the lot in question.

         (b)   The front setback of the proposed accessory building will not be less than the average of the front setbacks of the adjacent zoning lots and the side yard setbacks will be at least five feet.

   (E)   No accessory building or structure shall be constructed on any SE-2 or R lot prior to the time of construction of the principle building to which it is accessory.

   (F)   On all corner lots, the setback for accessory buildings shall be the same as that which is required for the principle building.

(Ord. passed 5-16-2023)

   (A)   No lot, yard, court, parking area, or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum requirement. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.

   (B)   The space occupied by a required private garage or parking area shall be considered the same as any required open space provided about a principle building, and such space shall not be reduced or included as any part of any required open space for another building or structure.

(Ord. passed 5-16-2023)

   The following shall not be considered to be obstructions when located in the required yards specified.

   (A)   In all yards. Porch awnings and canopies; steps which are necessary for access to a permitted building, or for access to a zoning lot from a street or alley; chimneys projecting not more than 18 inches into the yard; clothes lines; flag poles; arbors, trellises, closed and open-type fences, and hedges six feet or less in height, provided no such fence, the top rail of which is between two and six feet above the roadway surface or no other ground level sight obstructions, exceptions being trimmed tree trunks and poles, shall be placed or permitted to remain on any corner or reversed corner lot within the triangular area formed by the right-of-way lines and a line connecting them at points 25 feet from the intersection of the right-of-way lines, or in the case of a rounded right-of-way corner, from the intersection of the right-of-way lines extended; and open fences exceeding six feet in height.

   (B)   In front yards. One-story bay windows projecting three feet or less into the yard, and overhanging eaves and gutters projecting three feet or less into the yard. In the A-1 District, permitted roadside stands.

   (C)   In rear yards. Open decks not enclosed; attached or detached off-street parking spaces; open off-street parking spaces; accessory sheds, tool rooms, similar buildings, or structures for domestic or agricultural storage; balconies; breezeways and open porches; one-story windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard.

   (D)   In side yards. Overhanging eaves and gutters projecting into the yard for a distance not exceeding 10% of the required yard width, but in no case exceeding 18 inches.

(Ord. passed 5-16-2023)

   The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such a district, with respect to minimum lot size, lot area per dwelling unit, dimensions of yards, and other open spaces and off-street parking. Each conversion shall be subject to such further requirements as may be specified hereinafter with the subchapter applying to such district.

(Ord. passed 5-16-2023)

   A one story dwelling or a one and one-half story, or two story dwelling shall meet the minimum floor area standards in the Building Code, as adopted by the county, and be at least 900 square feet with the length being no more than four times the width.

(Ord. passed 5-16-2023)

   In any district, except B-2, on any lot, no fence, structure, or planting shall be erected or maintained within 20 feet, measured horizontally from the property line where they intersect on a street corner.

(Ord. passed 5-16-2023)

   Essential services shall be permitted as authorized and regulated by law and other ordinances of the county, it being the intention hereof to exempt such essential services from the application of this chapter.

(Ord. passed 5-16-2023)

   (A)   General provisions.

      (1)   Fences, walls, and hedges located in a yard adjacent to a public street and on property zoned R-1 or U-1 shall be no more than 42 inches in height, provided the top rail is not between two and six feet above the roadway surface or other ground level sight obstructions and the smooth, finished, nonstructural, or dressed side of a fence, if any, shall be directed toward the neighboring properties.

      (2)   Fences, walls and hedges shall not exceed six feet in height, except trimmed tree trunks and poles in any side or rear yard, and the smooth, finished, nonstructural, or dressed side of the fence, if any, shall be directed toward neighboring properties.

      (3)   All fences, walls, or hedges may be placed up to the property line, except in cases of a corner lot or reversed corner lot, where they shall not be placed within the triangular area formed by the right-of-way lines and a line connecting them at a point 25 feet from the intersection of the right-of-way lines, or in the case of a rounded corner from the intersection of the right-of-way lines extended.

      (4)   Fences up to ten feet in height shall be permitted in any I District.

      (5)   (a)   All refuse and/or discard areas for all commercial, industrial, and multi-family residential uses shall be screened on a minimum of three sides by a six-foot solid or tight board fence.

         (b)   All refuse and/or discard areas for all commercial and industrial uses which do not conform to all applicable provisions of this section shall be made to conform within three years from the effective date of this chapter. The Administrative Officer, or his or her designee, shall make the determination if it is an unreasonable hardship to require existing refuse and/or discard to be screened on a case-by-case basis.

      (6)   Snow fencing shall only be used on a temporary basis by public jurisdictions for public safety purposes or in Agricultural Districts, or as a permitted use for temporary festival/event enclosure purposes.

      (7)   Fencing shall not be allowed in floodways.

      (8)   Swimming pool fencing requirements are outlined in the County Building Code.

   (B)   Optional.

      (1)   Barbed wire fences shall be permitted only in Agricultural or Suburban Estate-1 Districts, and on review by the Zoning Board of Appeals in Industrial Districts, and the bottom strand shall be a minimum of eight feet above grade.

      (2)   Electric fences shall be permitted only in Agricultural, or Suburban Estate-1 Districts, and only for the enclosure of livestock. Electric fences shall not carry a charge greater than 25 milliamperes nor a pulsating current lower than one-tenth second in a one-second cycle. All electric fence charges shall carry the seal of an approved testing laboratory.

      (3)   Barbed wire and electric fences shall be prohibited within five feet of a public sidewalk or within four feet of the street right-of-way line where a public sidewalk does not exist. In the latter case, however, either fence may be installed or constructed along the right-of-way line if the property owner agrees to move the fence back the required distance within two months after the installation of a public sidewalk.

(Ord. passed 5-16-2023)

   (A)   Home occupation, major. MAJOR HOME OCCUPATIONS are home occupations where customers and employees may come to the home and where the occupation:

      (1)   Shall be conducted entirely within a dwelling unit or one accessory structure, and carried on by the inhabitants thereof and one employee not residing on the parcel;

      (2)   Shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds or vibrations that carry beyond the premises;

      (3)   Shall have no more than 200 square feet of floor area used for the home occupation;

      (4)   Shall have no signs present on the property except for one sign, not exceeding two square feet and not illuminated;

      (5)   (a)   Shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that incidental retail sales may be made in connection with other permitted home occupations, for example, a single-chair beauty parlor would be allowed to sell combs, hair spray, and other miscellaneous items to customers.

         (b)   However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on-site.

      (6)   Shall have no storage or display of goods visible from outside the structure;

      (7)   Shall have no highly explosive or combustible material used or stored on the premises unless approved by the Fire Inspector. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line;

      (8)   Shall have adequate off street parking spaces available to compensate for additional parking needs generated;

      (9)   Deliveries from commercial suppliers may be made more than once a week, and the deliveries shall not be made from semi-tractor trailer trucks; and

      (10)   Shall include, but are not necessarily limited to, the following:

         (a)   Single-chair beauty parlors and barber shops;

         (b)   Photo developing and printing;

         (c)   Organized classes with up to six students at a time;

         (d)   Television and other electric or electronic repair, excluding major appliances such as refrigerators or storage;

         (e)   Upholstering;

         (f)   Dressmaking and millinery; and

         (g)   Woodworking, excluding cabinet making.

   (B)   Home occupation, minor. MINOR HOME OCCUPATIONS are home occupations which shall not have non-resident customers and employees, and where:

      (1)   Shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no other;

      (2)   Shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or other emission of sounds or vibrations that carry beyond the premises;

      (3)   Shall have no more than 200 square feet of floor area used for the home occupation;

      (4)   Shall have no advertising, display, or other indications of a home occupation on the premises;

      (5)   Shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves, racks, or from inventory is not allowed, but a person may pick up an order placed earlier as described above;

      (6)   Shall have no storage or display of goods visible from outside the structure;

      (7)   Shall have no highly explosive or combustible material used or stored on the premises unless approved by the Fire Inspector. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line;

      (8)   Shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located, including commercial and general delivery services;

      (9)   Shall have no use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence allowed;

      (10)   (a)   Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall not be allowed more than twice a year, and each sale shall not last more than 72 consecutive hours, and only goods which have been generated from within the household and not purchased elsewhere for resale.

         (b)   Sales shall be conducted on the owner’s property, except that multiple family sales are permitted if they are held on the property of one of the participants, and any such sale shall be considered to be a sale for all participants;

      (11)   Shall have no deliveries from commercial suppliers made more than once a week, and the deliveries shall not be made from semi-tractor trailer trucks;

      (12)   Shall include, but are not necessarily limited to, the following:

         (a)   Artists and sculptors;

         (b)   Authors, desktop publishers, and composers;

         (c)   Home crafts for sale off-site;

         (d)   Office facility of clergy;

         (e)   Office facility of a salesperson, sales representative, or manufacturer’s representative, provided that no transactions are made in person on the premises;

         (f)   Address of convenience used solely for receiving and making telephone calls including computer usage, mail, or keeping business records in connection with a profession or occupation;

         (g)   Individual tutoring;

         (h)   Preserving and home cooking for sale off-site;

         (i)   Individual instrument and vocal instruction, provided that no instrument may be amplified; and

         (j)   Telephone solicitation work.

      (13)   Any other similar uses deemed to be consistent by the Zoning Board of Appeals.

(Ord. passed 5-16-2023)

   (A)   Purpose. The purpose of this section is to alleviate or prevent congestion of the public streets and promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading and unloading of motor vehicles in accordance with the use of the property.

   (B)   General provisions.

      (1)   An application for a building permit for a new or enlarged building, structure, or use shall include a plot plan, drawn to scale and fully dimensioned showing any parking or loading facilities to be provided in compliance with the requirements of this chapter.

      (2)   In all districts, in connection with every building or part thereof hereafter erected, having a gross floor area of 10,000 square feet or more, which is to be occupied by uses requiring the receipt or distribution by vehicles of materials and merchandise, there shall be provided and maintained on the same premises with such building at least one off-street loading space accessible from any alley, easement of access, or when there is no such alley or easement of access from a street, plus one additional such loading space for each 2,000 square feet or major fraction thereof of gross floor area so used in excess of 20,000 square feet. Such space may occupy all or any part of any required rear yard or upon authorization from the appropriate board of review any part of any other yard or court space.

      (3)   In all districts, except B-2, an off-street parking area in the open or in a garage shall be

provided in connection with the uses set forth herein after and to the extent indicated therewith, in addition to the above required loading and unloading spaces. Such areas in the case of R Districts and for dwellings in other districts, shall be on the premises intended to be served; and in the case of other districts, and in connection with uses other than property within 100 feet of any part of said premises and in the same or less restricted district.

      (4)   Off-street parking facilities accessory to residential use and developed in any Residential District in accordance with the requirements of this section shall be used solely for the parking of passenger vehicles owned and occupied.

   (C)   Units of measure.

      (1)   (a)   Floor area as employed in this parking and loading section in the case of office, merchandising, or service types of use shall mean the gross floor area of a building or structure used or intended to be used for service to the public as customers, patrons, clients, patients, or tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise.

         (b)   Floor area for the purposes of this section shall not include any area used for storage accessory to the principle use, incidental repairs, processing or packaging of merchandise, show windows, incidental management offices, restrooms, utilities, and dressing/fitting rooms.

      (2)   Parking spaces shall not be less than eight and one-half feet wide and 19 feet long or not less than 160 square feet in area exclusive of access drives or aisles.

      (3)   Loading spaces shall not be less than ten feet wide, 50 feet in length, and 14 feet in height, exclusive of access and turning areas.

   (D)   Schedule. Parking requirements shall be as follows, reference to maximum number of patrons shall be based on the figure provided by fire code for a given facility:

      (1)   Athletic field. Five parking spaces per acre;

      (2)   Auditorium/theater. One parking space for every four seats or one parking space for every 150 square feet plus one for every two employees during a maximum shift;

      (3)   Auto repair. Three per bay, plus one per employee during a maximum shift;

      (4)   Auto gas and sales. Two parking spaces per pump, plus two per service bay plus one per employee during a maximum shift;

      (5)   Banks and business offices. Four parking spaces per 1,000 square feet, plus drive through requirements if applicable;

      (6)   Barber/beauty shop styling and tanning salons. Two parking spaces per personal grooming station, plus one for every two employees during a maximum shift;

      (7)   Bowling alleys. Six parking spaces per alley plus bar and restaurant requirements, if applicable;

      (8)   Car wash. Six parking spaces per bay;

      (9)   Care homes. One parking space for every two residents, plus one for each employee during a maximum shift;

      (10)   Churches. One parking space for every four sanctuary seats;

      (11)   Community center. One parking space for every three maximum patrons;

      (12)   Daycare centers. One parking space for every two employees during a maximum shift, plus one for every ten children served plus one per institutional vehicle;

      (13)   Drive through facility. Six stacking spaces for each drive through station or automatic teller machine, plus appropriate employee parking for principle use;

      (14)   Dry cleaning. One parking space for every two employees during a maximum shift, plus four for patrons;

      (15)   Durable goods sales (appliances, furniture, and the like). One parking space per 500 square feet, plus one per employee during a maximum shift;

      (16)   Elderly housing facility. Three parking spaces for every four units, plus one per employee during a maximum shift;

      (17)   Fraternities, sororities, and boarding houses. One parking space per lodging resident, plus one per employee during a maximum shift;

      (18)   Funeral home. One parking space per 50 square feet of public access area, plus one per business vehicle;

      (19)   Group home/halfway house/boarding house. One parking space per bedroom;

      (20)   Health recreation and physical training facility. Five parking spaces per 1,000 square feet, plus additional parking for outdoor accessory use if applicable;

      (21)   Hospital. One parking space per overnight bed, plus one per affiliated doctor plus one per employee during a maximum shift, plus six per 1,000 square feet devoted to outpatient service;

      (22)   Laundromats. One parking space for every two washers;

      (23)   Manufacturing plants and testing labs. Three parking spaces for every four employees during a maximum shift, plus one per business vehicle plus four per 1,000 square feet devoted to office space;

      (24)   Medical, dental, or veterinary office or clinic. Two parking spaces per treatment room, plus one per employee during a maximum shift;

      (25)   Motel, hotel, or apartment hotel. One parking space per unit, plus one for every two employees during a maximum shift plus banquet, restaurant, and/or bar requirements if applicable;

      (26)   Mobile home park. One parking space and one for every four units;

      (27)   Nursing home. One parking space per overnight bed, plus one per affiliated doctor plus one per employee during a maximum shift;

      (28)   Park, neighborhood. Five parking spaces per first two acres, plus one for each additional acre;

      (29)   Park, community. Five parking spaces per acre, plus requirements for major facilities as noted elsewhere in this list if applicable;

      (30)   Residences. Two parking spaces per unit and for six-plexes or greater; guest parking equal to 10% of the total dwelling units;

      (31)   Restaurants, taverns, or night clubs. One parking space for every 75 square feet of public floor area or for each two persons allowed by the fire code, whichever is greater, plus drive through requirements if applicable;

      (32)   Retail, freestanding, and shopping centers. Five parking spaces per 1,000 square feet gross floor area, and one for every two employees on a maximum shift;

      (33)   Schools, elementary, and junior high. One parking space per employee, plus one per class room, plus one per institutional vehicle;

      (34)   Schools, high schools. One parking space per employee, plus one for every four students, plus one per institutional vehicle;

      (35)   Sports stadium, outdoor. One parking space for every three maximum patrons, plus parking for buses;

      (36)   Swimming pool. One parking space for every three maximum patrons; and

      (37)   Wholesale and warehouse. Two parking spaces per 1,000 square feet for first 10,000 square feet, plus one per 2,000 square feet for the remaining space with office area parking calculated separately at four per 1,000 square feet.

   (E)   Development standards.

      (1)   Off-street accessory parking areas shall be of usable shape and shall be improved in accordance with requirements of the County Engineer with asphalt cement concrete, Portland cement concrete, or alternate equivalent materials acceptable to the County Engineer, and so graded and drained as to dispose of all surface water accumulation within the area. Any lighting used to illuminate such parking shall be so arranged as to reflect the light away from adjoining premises in any R District and in accordance with illumination standards further described in this chapter.

      (2)   Parking lot layout shall be designed so the maneuvering requirements are accomplished without backing into adjacent public streets. Stack parking shall not be allowed to meet parking requirements for uses other than one- and two-family uses.

   (F)   Exceptions. The Zoning Board of Appeals may, on appeal, authorize a modification, reduction, or waiver of the foregoing requirements. Such modification, reduction, or waiver shall be justified by the particular nature of the use, or other exception, situation, or condition.

   (G)   Parking, storage, or use of recreational vehicle.

      (1)   No recreational vehicle shall be parked or stored on any lot in a Residential District except in a required side or rear yard providing all yard setbacks are met by the recreation vehicle and the vehicle is parked on an impervious surface. However, such equipment may be parked anywhere on residential premises for a period of time not to exceed 24 hours during loading and unloading no more than twice in any consecutive period of seven days. At least 30 hours must separate each occurrence. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use, however, that such equipment may be used for the housing of guests of occupants of the principle resident if:

         (a)   Occupancy shall not exceed 30 consecutive days; and

         (b)   No charge is made for such occupancy.

      (2)   No recreational vehicle shall be stored out of doors on residential premises unless it is in condition for safe and effective performance of the function for which it is intended or can be made so at a cost not exceeding the value of the equipment in its existing state. In no case shall any such equipment be so stored for a period of more than six months if not in condition for safe and efficient performance of the function for which it is intended.

(Ord. passed 5-16-2023)

   Nothing herein contained shall require any change in the overall layout, plans, construction, size, or designated use of any development, building, structure, or part thereof, for which official approvals and required building permits have been granted before the enactment of this chapter as amended, the construction of which, conforming with such plans shall have been started prior to the effective date of this chapter, as amended, and completion thereof carried on in a normal manner within the subsequent six-month period, and not discontinued until completion, except for reasons beyond the builder’s control.

(Ord. passed 5-16-2023)

   Any use or structure as regulated by the Zoning Board of Appeals in the various districts shall be accumulative in nature beginning with the most restrictive district.

(Ord. passed 5-16-2023)

   Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one principle building on one lot unless otherwise provided in this chapter.

(Ord. passed 5-16-2023) Penalty, see § 154.999

   Every residential building hereafter erected on a lot or parcel of land created subsequent to the effective date of this chapter shall provide a lot or parcel of land having not less than the minimum area and width specified for the particular zoning district in which it is located.

(Ord. passed 5-16-2023)

   To prevent undue adverse effects upon adjacent areas in I-1and I-2 Districts from uses, the following will apply:

   (A)   Not more than two such adult use special use will be established within 1,000 feet of each other;

   (B)   Adult special uses must not be located closer than 1,000 feet in any direction to the following zoning districts and land uses: Agricultural, Suburban Estates, Residential, or Commercial Districts, public or private schools, licensed daycare centers, churches or religious centers, public parks, or designated pedestrian/bicycle paths;

   (C)   No building in which adult use special use operates shall display mat photos, live models, or drawings on the exterior of said building. Any displays of such materials, photos, live models, or drawings will be limited to the interior portion of the building which cannot readily be seen from any entrance, exit, or exterior window opening.

(Ord. passed 5-16-2023)

   The administration of this chapter is hereby vested in three offices of the government of the county. They are as follows: Administrative Officer, Zoning Board of Appeals, and County Board.

   (A)   Administrative Officer. The Administrative Officer of the county, and such deputies or assistants that have been, or shall be, duly appointed by the County Board, shall enforce this chapter, and in addition thereto, and in furtherance of such authority shall:

      (1)   Issue all zoning certificates and certificates of occupancy, and make and maintain records thereof;

      (2)   Conduct inspection of buildings, structures, and use of land to determine compliance with the terms of this chapter;

      (3)   Transmit to the Clerk of any city or village copies of all requests for amendments and special uses within one and one-half miles of their municipal boundaries for review and recommendations;

      (4)   Provide and maintain a public information service relative to all matters arising out of this chapter, and initiate, direct, and review from time to time a study of the provisions of the chapter and make reports of his or her recommendations to the Zoning Board of Appeals;

      (5)   Transmit to the Zoning Board of Appeals applications for appeals, variances, or other matters on which the Zoning Board of Appeals is required to pass, and act as secretary to the Zoning Board of Appeals maintaining permanent and current records of this chapter, including, but not limited to, all maps, amendments, special conditional uses, variances, appeals, and applications therefor;

      (6)   Issue certificates of occupancy regulating the erection of buildings or structures and use of land for periods not to exceed ten days for specific purposes such as temporary carnivals, music festivals, churches, revival meetings, charities, and other uses of a similar nature, any of which has less than 200 persons in attendance and are not detrimental to the public health, safety, morals, comfort, convenience, or general welfare; provided, however, that said use of operation and any incidental temporary structures or tents are in conformance with all other resolutions and codes of the county;

      (7)   Issue a temporary certificate of occupancy for a mobile home dwelling during a period of not to exceed six months to allow the applicant of a building permit for a single-family dwelling to occupy said mobile home dwelling during construction of the single-family dwelling. Said temporary occupancy permit may be renewed for one additional six-month period;

      (8)   Issue a permit for an accessory building to be constructed prior to the construction of the principle building on a lot when said accessory building is needed for protection of equipment and materials used in the construction of the principle building. Any permit granted under this provision shall be granted only after adequate assurances have been provided, and that the construction of the principle building will be initiated within one year from the issuance of the permit for the accessory building; and

      (9)   Authorize variances of 10% or less of the regulations as to location of structures or as to bulk requirements under such regulations.

   (B)   County Board. The County Board shall discharge the following duties under this chapter:

      (1)   Appoint the Administrative Officer whose responsibility it should be to enforce the provisions of this chapter;

      (2)   Appoint members to the Zoning Board of Appeals as provided for in the State Revised Statutes and in this chapter;

      (3)   Receive and decide upon all recommendations concerning adoption, amendment, or repeal of this chapter submitted to them by the Zoning Board of Appeals;

      (4)   Receive from the Zoning Board of Appeals all recommendations on the effectiveness of this chapter; and

      (5)   To decide all matters upon which it is required to pass under this chapter.

   (C)   Zoning certificates.

      (1)   Issuance of zoning certificates. Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department, or employee of the county unless the application for such permit has been examined by the Administrative Officer. Any permit issued in compliance with this chapter shall indicate thereon that the proposed building or structure complies with all the provisions of this chapter. Any permit or certificate issued in conflict with the provisions of the chapter shall be null and void.

      (2)   Plats. In order to ensure that the building or structure conforms with all the provisions of this chapter, the Administrative Officer may require the following prior to the issuance of a building permit:

         (a)   A plat (original or reproduction thereof), in duplicate of the piece or parcel of land, lot, lots, block or blocks, drawn to scale showing the actual dimensions, as certified by a registered land surveyor registered with the state, as a true copy of the piece or parcel, lot, lots, block, or blocks, or portions thereof, according to the registered or recorded plat of such land; and

         (b)   A plat, in duplicate, drawn to scale in such form as may, from time to time, be prescribed by the Administrative Officer, showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building structure or land, and such other information as may be required by the Administrative Officer for the proper enforcement of this chapter.

   (D)   Certificate of occupancy. No building, or addition thereto, constructed after the effective date of this chapter, shall be occupied, and no land vacant on the effective date of this chapter shall be used for any purpose until a certificate of occupancy has been issued by the Administrative Officer. No change in a use, other than that of a permitted use to another permitted use, shall be made until a certificate of occupancy has been issued by the Administrative Officer. Every certificate of occupancy shall state that the use or occupancy complies with the provisions of this chapter.

      (1)   Application for certificate of occupancy. Every application for a building permit shall be deemed to be an application for a certificate of occupancy. Every application for a certificate of occupancy for a new use of land where no building permit is required shall be made directly to the Administrative Officer.

      (2)   Issuance of certificate of occupancy. No certificate of occupancy for a building, or portion thereof, constructed after the effective date of this chapter, shall be issued until construction has been completed and the premises inspected and certified by the Administrative Officer to be in conformity with the plans and specifications upon which the zoning certificate and building permit was based. Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued to be valid for a period not to exceed six months from its date during the completion of any addition or during partial occupancy of the premises. Reasons in writing for refusal to issue a certificate of occupancy shall be forwarded to the applicant no later than 14 days after the Administrative Officer is notified that the building or premises are ready for occupancy.

(Ord. passed 5-16-2023)

   (A)   General.

      (1)   The Zoning Board of Appeals, as established under the applicable provisions of the State Revised Statutes, is the Zoning Board of Appeals referred to in this chapter. The Zoning Board of Appeals shall consist of five members and two alternate members appointed by the Chairperson of the County Board and approved by the County Board to serve respectively for the following terms: one for one year, one for two years, one for three years, one for four years and one for five years, the successor to each member so appointed to serve for a term of five years, and the alternate members to serve respectively, one for four years and one for five years. Alternate members shall serve as members of the Board only in the absence of regular members, with the alternate member with the greatest amount of time remaining in his or her term to have priority over the alternate member in determining which alternate member shall serve in the absence of a regular member. One of the members so appointed shall be named as Chairperson at the time of his or her appointment, and in case of a vacancy the appointing power shall designate a Chairperson.

      (2)   No person who resides in any congressional township wherein an incumbent member of the Zoning Board of Appeals resides may be appointed a member of the same Zoning Board of Appeals to serve during any part of the term of office during which such incumbent member residing in said township continues to serve, and all members of the Zoning Board of Appeals thereafter created shall be residents of separate congressional townships at the time of their appointments. The appointing authority shall have the power to remove any member of the Board for cause after public hearing. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose place has become vacant.

   (B)   Jurisdiction. The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:

      (1)   To hear all applications for amendments to this chapter and report their findings and recommendations to the County Board in the manner prescribed in this chapter;

      (2)   Receive from the Administrative Officer his or her recommendations as related to the effectiveness of this chapter and report its conclusions and recommendations to the County Board not less frequently than once a year;

      (3)   To hear and decide appeals from any order, requirement, decision, or determination made by the Administrative Officer under this chapter;

      (4)   To hear and pass upon the applications for variances from the terms provided in this chapter in the manner prescribed and subject to the standards established herein;

      (5)   To hear and pass on all applications for special uses in the manner prescribed in this chapter; and

      (6)   To hear, interpret, and decide all matters referred to it or upon which it is required to pass under this chapter.

   (C)   Meetings and rules. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such times as the Zoning Board of Appeals may determine. All hearings conducted by said Board shall be open to the public. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney. The Chairperson, or in his or her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. A copy of every rule, regulation, order, requirement, decision, or determination of the Zoning Board of Appeals shall be filed immediately in the office of the Administrative Officer and shall be a public record. The Board shall adopt its own rules and procedures not in conflict with this chapter or with the applicable State Revised Statutes, and select or appoint such officers as it deems necessary.

   (D)   The hearing procedure. The following rules for the Zoning Board of Appeals have been duly adopted by the County Board to govern the general procedures by which Zoning Board of Appeals hearings are conducted. These rules apply in instances where administrative or quasi-judicial action is to be taken, not legislative or policy acts.

      (1)   All hearings of the public body shall be subject to the State Open Meetings Act.

      (2)   The Chairperson may impose reasonable limitations on evidence or testimony presented by persons and parties, such as time limits and barring the repetitious, irrelevant, or immaterial testimony. Time limits, if imposed, shall be fair and equally administered. The public body shall not be bound by strict rules of evidence; however, the irrelevant and immaterial or unduly repetitious evidence shall not be admissible. The Chairperson shall rule on all questions related to the determination of the qualification of a party as an “interested party” (see division (D)(7) below) and admissibility of evidence, which ruling may be overruled by a majority of the public body in attendance. The Chairperson may impose reasonable conditions on the hearing process based on the following factors:

         (a)   The complexity of the issue(s);

         (b)   Whether the witness possesses special expertise;

         (c)   Whether the testimony reflects a matter of taste or personal opinion, or concerns a disputed issue of fact;

         (d)   The degree to which the witnesses’ testimony relates to the factors to be considered in approving or denying the proposal; and

         (e)   Such other factors appropriate for the hearing.

      (3)   The Chairperson may take such actions as are required to maintain a fair and orderly hearing.

      (4)   A record of the proceedings shall be made as directed by the public body.

      (5)   At a public hearing a petitioner may appear on his or her own behalf or may be represented by an attorney.

      (6)   In addition to the petitioner, any person may appear and participate at the hearing.

      (7)   If the notice of the pending public hearing so provides, persons wishing to appear as interested parties with the right of cross-examination shall identify themselves as such by completing and filing an appearance with the Zoning and Building office at the County Building no later than five business days before the date of the meeting on appearance forms available from the County Zoning Building office during regular business hours, and the Chairperson shall determine if such persons are interested parties based on the degree of impact the issue(s) has/have on such person. The Chairperson shall qualify someone as an interested party based on the following guidelines, although it is recognized that there may be other relevant factors considered or that the public body may overrule the Chairperson by a majority vote of those in attendance:

         (a)   Those persons designated by statute or ordinance who received a notice of the public hearing via the postal service;

         (b)   Persons who have a direct property or economic interest; and

         (c)   Representatives of a duly organized group with a specific interest in a subject issue such as a neighborhood association, environmental organization, or those with an interest in a specific public policy issue as it relates to the subject of the public hearing.

      (8)   To avoid repetition, the Chairperson may require that people with a similar interest in the proceeding select among themselves a spokesperson to present their position.

      (9)   The Chairperson may determine the order of presentation of evidence, which shall generally be as follows:

         (a)   Presentation by staff of its written report, if any, oral presentation of additional or conflicting information, if any, and questions from the public body of staff regarding said report and additional comments;

         (b)   Testimony and other evidence by the petitioner;

         (c)   The public body examination of the petitioner’s witnesses and other evidence;

         (d)   Cross-examination of the petitioner’s witnesses and other evidence by interested parties; and

         (e)   Testimony and other evidence by interested parties according to the following sequence:

            1.   Proponents.

               a.   Present testimony and other evidence;

               b.   Questions from the public body; and

               c.   Cross-examination by interested parties.

            2.   Opponents.

               a.   Present testimony and other evidence;

               b.   Questions from the public body; and

               c.   Cross-examination by interested parties.

            3.   Other.

               a.   Present testimony and other evidence;

               b.   Questions from the public body; and

               c.   Cross-examination by interested parties.

         (f)   Statements by persons who have not qualified as interested parties according to the following sequence:

            1.   Proponents.

               a.   Comments or questions; and

               b.   Questions from the public body.

            2.   Opponents.

               a.   Comments or questions; and

               b.   Questions from the public body.

            3.   Other.

               a.   Comments or questions; and

               b.   Questions from the public body (the Chairperson shall determine if cross-examination of any of the persons speaking during this phase of the public hearing is appropriate).

         (g)   Closing/rebuttal by petitioner.

      (10)   At the conclusion of an evidentiary portion of the public hearing, the Zoning Board of Appeals may, among other actions, act on the proposal, move to deliberate its decision on the evidence presented, or continue the hearing to a date, time, and location certain, or pursuant to, further notice.

      (11)   These rules for public hearing may be amended by a vote of a majority of the public body (rules can be amended during the public hearing based on circumstances, ruling by the Chairperson, and which ruling may be over ruled by a majority of the public body in attendance).

   (E)   Finality of decision of the Zoning Board of Appeals. All decisions and findings of the Zoning Board of Appeals on appeals or variances after a hearing shall, in all instances, be the final administrative decisions and shall be subject to judicial review as may be provided by law.

(Ord. passed 5-16-2023)

   (A)   For the purpose of this chapter, the county is hereby divided into 23 classes of districts as follows:

 

   (B)   The boundaries of these districts are hereby established as shown on a map entitled “Zoning Map, County of Rock Island, Illinois,” hereinafter referred to as the “zoning map,” which accompanies and is hereby made a part of this chapter. The district boundary lines on said map are intended to follow lot lines, the centerlines of streets or alleys, the centerline of streets or alleys projected, railroad right-of-way lines, or the corporate limit lines, all as they existed at the time of enactment of this chapter; but when a district boundary line does not clearly coincide with lot lines, it shall be determined by scaling.

   (C)   Where a district boundary lines divides a lot which was in single ownership and of record at the time of enactment of this chapter, the use authorized on and the other district requirements applying to the less restricted portion of such lot is more than 50 feet beyond said dividing district boundary line, such less restricted use shall be limited to the portion of the lot lying within 50 feet of said boundary line.

   (D)   Questions concerning the exact location of district boundary lines shall be determined by the Zoning Board of Appeals Authority according to the rules and regulations which it may adopt.

(Ord. passed 5-16-2023)

   (A)   All applications for map amendments, special uses, and variances filed for or on behalf of the property owner, shall be accompanied by payment of a fee as adopted by the County Board from time to time. No application shall be considered complete and subject to review by the Zoning Board of Appeals until such fee has been paid. Where a LESA (land evaluation site assessment) report is required, the appropriate fee will be collected and forwarded to the County Soil and Water Conservation District for the preparation of the LESA report.

   (B)   Communication tower fees:

      (1)   New tower will have a fee of $30 per foot of tower height.

      (2)   A co-locate will have a fee of $1,500.

      (3)   All other improvements/repairs shall be based upon the bid price of the work being done and referred to the fee schedule.

   (C)   Temporary use permits: $125.

   (D) Zoning Board of Appeals*:

      (1)   Rezoning to any AG, SE, R or PUD, and any not listed plus any special use within these Districts:

 

 

      (2)   Rezoning to any U, C, O, B, I, or ORT, and any special use within these Districts:

 

   * In addition to the ZBA hearing fees, the cost of publishing any notice required to be published in a newspaper of general circulation in the county will be paid by the applicant prior to the case being heard by the Zoning Board of Appeals. The applicant is also responsible for any applicable fees related to consultation under the Illinois Endangered Species Protection Act (EcoCAT) and Illinois Natural Areas Preservation Act (LESA).

      (3)   The fees found in this division (D) shall become effective on May 1, 2024.

(Prior Code, § 6-15-1)

(Res. passed 4-19-2005; Ord. passed 5-16-2023; Ord. 2024-04-A, passed 4-16-2024)