Rothbury City Zoning Code
GENERAL PROVISIONS
§ 154.035 JURISDICTION.
The jurisdiction of this chapter shall include all land and water areas within the incorporated area of the village.
(Prior Code, § 154.035) (Ord. 48, passed 6-21-2005)
§ 154.036 COMPLIANCE.
Except as hereinafter provided:
(A) No building shall hereafter be erected, altered, or moved, nor shall any building or premises hereafter be used for any purpose other than is permitted in the district in which the building or premises is located;
(B) No building shall hereafter be erected or altered:
(1) To exceed the maximum allowed height;
(2) To occupy a greater percentage of lot area;
(3) To intrude upon the required front, rear, or side yards;
(4) To accommodate or house a greater number of families; or
(5) To provide less living space per dwelling unit area than is specified for the district in which the building is located.
(C) No lot area shall be so reduced or diminished that yards and other open spaces shall be smaller than specified, nor shall the density of population be increased in any manner except in conformity with the area regulations, nor shall the area of any lot be reduced below the minimum requirements herein established for the district in which the lot is located.
(Prior Code, § 154.036) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.037 ACCESS TO A STREET.
(A) All lots must abut on a street or road for an uninterrupted distance equal to the minimum lot width as required in this chapter.
(B) For a lot abutting the end turnaround area of a cul-de-sac, the minimum road frontage will be 50 feet, provided that the lot width meets the minimum lot width requirements of the zoning district in which it is located.
(Prior Code, § 154.037) (Ord. 48, passed 6-21-2005)
§ 154.038 ACCESSORY STRUCTURES AND USES.
Except as otherwise provided in this chapter, the following requirements shall be met.
(A) Principal structures must be present on the parcel before accessory structures and uses.
(B) Where the accessory structure is attached to a principal building, it shall be subject to, and must conform to, all regulations of this chapter applicable to such principal buildings.
(C) Accessory structures and uses shall not be erected in any front yard in accordance with the definition of “yard” in this chapter. An accessory building may be allowed in a front yard if the building is 300 feet or more from the road right-of-way.
(D) Accessory structures and uses must be at least ten feet from any lot line.
(E) Accessory structures and uses shall be located at least 20 feet from any public or private road right-of-way line.
(F) No accessory structure shall be used for dwelling purposes.
(G) The aggregate gross square footage of all accessory structures shall not exceed the gross square footage of the principal building.
(H) On a waterfront lot, an accessory structure shall not be erected or maintained within 100 feet of the ordinary high-water mark (except a boathouse, not greater than ten feet in height above the mean water level).
(Prior Code, § 154.038) (Ord. 48, passed 6-21-2005)
§ 154.039 ADULT USES.
Adult uses are allowed according to the following standards.
(A) The need for special regulation of certain business uses that, by their very nature, are deemed to have unique characteristics and effects on surrounding properties, is recognized as a legitimate objective. Special regulation is needed to ensure these uses are not concentrated in any one area, thus preventing adverse effects on the surrounding neighborhood, such as blight and urban deterioration, negative effects on economic development potential, social disorder and crime, negative effects on community standards for aesthetics, the reduction of property values, and the subsequent negative impact on the community tax base. The primary objective is to prevent a concentration of these uses by establishing spacing standards, and, thus, ensuring disbursement of these uses throughout the community.
(B) Adult uses shall only be located within commercial zoning districts.
(C) An application to establish an adult entertainment activity shall not be approved if there is already in existence one or more adult uses within 500 feet of the boundaries of the site of the proposed activities, excepting as otherwise provided for within this section.
(D) An application to establish an adult entertainment activity shall not be approved if the proposed location is within 500 feet of any licensed daycare facility, adult foster care home, senior citizens’ center, park or church, and shall not be approved if the proposed location is within 2,650 feet from any K-12 or alternative educational or charter school, except as otherwise provided for within this chapter.
(E) The Planning Commission may waive the locational standards limiting adult uses as they relate to similar uses if the following findings are made.
(1) The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the section will be observed.
(2) The proposed use will not enlarge or encourage the development of a “skid-row” area.
(3) The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal.
(4) All applicable regulations of this section will be observed.
(F) The Planning Commission may waive the locational standards limiting the location of adult uses as they relate to licensed daycare facilities, adult foster care homes, senior citizen centers, parks, or churches; provided that a validated petition requesting such a waiver is presented to the Planning Commission, signed by the owners or purchasers of at least 51% of the parcels of land within 500 feet of the proposed location. In addition to this requirement, the Planning Commission may waive the requirement that adult uses be located no closer than 2,650 feet from schools only if the proponent also demonstrates that school children are not required to pass by the location while walking to or from school. Any petition presented to the Planning Commission shall contain, at a minimum, the following:
(1) A statement in the form of an affidavit attested to by the circulator of the petition that the circulator personally witnessed the signatures on the petition and the same were affixed to the petition by the person whose name appeared thereon;
(2) A statement on the petition so worded that the signers of the petition will attest to the fact that they are the owners or purchasers of the parcel of land identified by the permanent parcel number opposite their signatures;
(3) For the purpose of this section, parcels of land shall equate to the permanent parcel numbers assigned by the township to all property within the 500 feet;
(4) An applicant requesting a waiver of locational requirements shall file an application with the Zoning Administrator; however, the Zoning Administrator shall not accept an application for the waiver of locational requirements for an adult entertainment activity as it relates to licensed daycare facilities, adult foster care homes, senior citizen centers, K-12 or alternative educational or charter schools, parks, or churches, without a petition as required herein. The petition shall be validated by the Zoning Administrator. The Zoning Administrator shall then notify the Planning Commission of the receipt of the requests and petition within 15 days of filing; and
(5) Before the granting of a waiver of locational requirements, the Planning Commission may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operations of regulated use as may, in its judgment, be necessary for the protection of the public interest. Any evidence and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.
(Prior Code, § 154.039) (Ord. 48, passed 6-21-2005)
§ 154.040 APPROVAL OF PLATS.
The Village Council shall not approve a proposed plat of a new subdivision after recommendation by the Planning Commission, unless the lots within the plat equal or exceed the applicable requirements set forth in this chapter.
(Prior Code, § 154.040) (Ord. 48, passed 6-21-2005)
§ 154.041 BASEMENTS AND GARAGES AS DWELLINGS.
Any dwelling without a full floor above any part of the building grade shall be considered a basement dwelling, which is prohibited. The use of basement dwellings and garages for dwelling purposes is prohibited.
(Prior Code, § 154.041) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.042 BUILDING GRADES.
Any building shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. When a new building is constructed on a vacant lot between two existing buildings, or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building, and the yard around the new building shall be graded in such a manner so as to meet existing grades and not to permit runoff of surface water to flow onto the adjacent properties.
(Prior Code, § 154.042) (Ord. 48, passed 6-21-2005)
§ 154.043 CONVERSION OF DWELLINGS.
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 the district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards, and other open spaces and off-street parking.
(Prior Code, § 154.043) (Ord. 48, passed 6-21-2005)
§ 154.044 CORNER AND THROUGH LOTS.
Any yard that abuts a street right-of-way shall meet the front yard requirements of the zoning district in which it is located.
(Prior Code, § 154.044) (Ord. 48, passed 6-21-2005)
§ 154.045 CLEAR VISION CORNERS AND CURVES.
No wall, sign, fence, structure, or planting over 30 inches in height shall be planted, erected, or maintained on any lot on the street side of a line drawn between two points each being 30 feet from the intersection of the rights-of-way of two intersecting streets, or which reasonably obstructs, or interferes with, traffic visibility on a curve.
(Prior Code, § 154.045) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.046 DRIVEWAYS.
(A) An approved driveway permit must be obtained from the Street Administrator and submitted to the Zoning Administrator prior to the issuance of a zoning permit.
(B) All driveways must maintain a cleared driving area for their entire length to a width of 12 feet and a cleared height of ten feet. No driveway may have a slope greater than 15%.
(Prior Code, § 154.046) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.047 DWELLING REQUIREMENTS.
Every dwelling shall:
(A) Comply with the minimum requirements of this chapter for the zone in which it is located, including living area requirements, area, height, width, and dimension regulations;
(B) (1) Have a minimum actual width across any front, side, or rear elevation of 24 feet through 75% of its length, and comply in all respects with the current International Building Code standards, including minimum heights for habitable rooms; and
(2) Where a dwelling is required by law to comply with any federal or state standards or regulations for construction that are different from those imposed by the current International Building Code standards, then the federal or state standard or regulation shall apply.
(C) Be firmly attached to a permanent foundation or footings buried beneath the frost line following the current International Building Code standards, and shall have a wall of the same perimeter dimension of the dwelling and constructed of the materials and type as required in the applicable building code for single-family dwellings;
(D) In the event that the dwelling is a mobile home, be installed pursuant to the manufacturer’s setup instructions and the rules and regulations of the State Mobile Home Commission, and shall be secured to the premises by an anchoring system or device also complying with the rules and regulations of the State Mobile Home Commission.
(1) In addition, the area between the grade elevation of the lot and the mobile home shall either have a wall of the same perimeter dimensions of the mobile home and constructed of such materials and type as required in the Residential Code for single-family dwellings, or instead have skirting of the same perimeter dimensions of the mobile home, which skirting shall be in compliance with the standards set forth in Rule 604 of the State Mobile Home Code promulgated by the State Mobile Home Commission, being Mich. Admin. Code R. 125.1604, as amended.
(2) All construction and all plumbing, electrical apparatuses, and insulation within, and connected to, said mobile home shall be of a type and quality conforming to the Mobile Home Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development, being 24 C.F.R. Part 3280, and as from time to time such standards may be amended;
(E) Be installed with the wheels removed, in the event that a dwelling is a mobile home, as defined herein. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage, or chassis. The perimeter of the mobile home shall have a skirting of a permanent nature similar to that used for site-built housing;
(F) Be connected to a public sewer and water supply or to such private facilities approved by the County Health Department. All drain fields, absorption beds, or seepage pits shall not be closer than 100 feet from any lake, stream, river, or other surface water;
(G) Contain a storage capability area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to, or of better quality than, the principal dwelling, which storage area shall be equal to 10% of the square footage of the dwelling, or 100 square feet, whichever is less; and
(H) Be aesthetically compatible in design and appearance with other dwellings in the vicinity, with either a roof overhang of not less than 12 inches on all sides or, alternatively, with window sills; a minimum four-in-12-roof pitch; has not less than two exterior doors, with the second door being in either the rear or side of the dwelling; and contains permanently-attached steps connected to the exterior door areas, or to porches connected to the door areas where a difference in elevation requires the same.
(1) The compatibility of design and appearance shall be determined in the first instance by the Zoning Administrator upon review of the plans submitted for a particular dwelling, subject to appeal by an aggrieved partly to the Zoning Board of Appeals within a period of 15 days from the receipt of notice of the Zoning Administrator’s decision.
(2) Any determination of compatibility shall be based upon the standards set forth in this section, as well as character, design, and appearance of one or more residential dwellings located outside manufactured housing parks throughout the village.
(3) The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home:
(a) Contains no additions, rooms, or other areas that are not constructed with similar- quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein;
(b) Complies with all pertinent building and fire codes;
(c) All dwellings shall meet or exceed all applicable roof snow load and strength requirements;
(d) The foregoing standards shall not apply to a mobile home in a licensed manufactured housing park except to the extent required by state or federal law or otherwise specifically required in the ordinance of the village concerning the parks; and
(e) All construction required herein shall be commenced only after a zoning permit has been obtained in accordance with the current International Building Code standards.
(Prior Code, § 154.047) (Ord. 48, passed 6-21-2005)
§ 154.048 DWELLINGS IN NON-RESIDENTIAL ZONING DISTRICTS.
No dwelling shall be erected in a non-residential zoning district.
(Prior Code, § 154.048) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.049 EARTHMOVING.
(A) Earthmoving affecting areas greater than two acres shall require review and approval of a site plan by the Planning Commission in accordance with this chapter.
(B) Site plan review shall be required to protect the public health, safety, and welfare and to protect ground and surface waters, natural drainage, and water tables.
(C) Once the Planning Commission has approved a site plan, the Zoning Administrator shall issue an earthmoving permit that shall be valid for six months.
(D) The Zoning Administrator may renew the permit for one additional six-month period, if all of the conditions of the approved site plan are met.
(Prior Code, § 154.049) (Ord. 48, passed 6-21-2005)
§ 154.050 EXCAVATION, REMOVAL, OR FILL OF MINERALS OR SOIL.
The use of land for the extraction and removal, or fill of minerals or topsoil, sand, gravel, stone, or other material shall be prohibited within the village.
(Prior Code, § 154.050) (Ord. 48, passed 6-21-2005)
§ 154.051 ESSENTIAL SERVICES.
(A) Essential services shall be permitted as authorized under any franchise or that may be required by any law of the state, or any ordinance of the village, it being the intention hereof to exempt the essential services from the application of this chapter.
(B) It shall be lawful for public utilities, municipal departments, or commissions to erect, construct, alter, or maintain overhead or underground gas, telephone cable, electrical, steam or water distribution or transmission systems, collection, communication supply or disposal systems, including poles and towers, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police equipment, and accessories in connection therewith; providing those services are below ground or located within a public right-of-way.
(C) Essential services located above-ground and outside of public rights-of-way will be subject to the following terms and conditions:
(1) The erection or construction of any or all buildings and structures shall be designed and erected to conform harmoniously to the general architecture and plan of such zoning district in which it is to be erected;
(2) All buildings or structures must comply with the use, height, area, building, or structure necessary for public convenience and service; provided that the public building, structure, or use is designed, erected, and landscaped to conform harmoniously with the general architecture and plan of the zoning district, and the advantage of the proposed location to the utility is not outweighed by the detriment to the locality, and a different suitable location is not readily available; and
(3) Are screened from view, as much as possible, using natural materials. Landscaping is preferred to walls and fences.
(Prior Code, § 154.051) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.052 ANIMALS.
No animal or fowl, exotic animal, or farm animal, other than household pets, may be kept in any zoning district, except as provided by another village ordinance.
(Prior Code, § 154.052) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.053 HEIGHT EXCEPTIONS.
(A) All districts. The height requirements of all zoning districts may be exceeded for parapet walls (providing they are not more than four feet in height), chimneys, silos, farm barns and storage buildings, roof-mounted television and radio antennae, cupolas, spires, ornamental projections, water towers, or telecommunication towers.
(B) Industrial districts. In the industrial zoning districts, chimneys, cooling and fire towers, elevator buildings and bulkheads, roof storage tanks, and other necessary accessory structures are allowed; provided that they are located not less than the same distance as their height from any adjoining property.
(Prior Code, § 154.053) (Ord. 48, passed 6-21-2005)
§ 154.054 HOME OCCUPATIONS.
An occupation may be conducted in a dwelling, provided that:
(A) No person other than immediate members of the family residing on the premises shall be engaged in the occupation;
(B) The use shall be contained entirely within the dwelling and shall not alter the residential character or appearance of the property;
(C) The use of the dwelling for the occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling or its equivalent in an accessory building shall be used in the conduct of home occupations;
(D) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupations other than one sign, not exceeding six square feet in area, non-illuminated, and mounted flat against the wall of the principal building;
(E) No traffic shall be generated by such home occupations in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of such home occupations shall be met off the street;
(F) No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, smoke, effluents, odors, or electrical interference detectable to the normal senses off the premises or causes fluctuation in line voltage off the premises;
(G) Outdoor storage of equipment, trucks, machines, or supplies is prohibited;
(H) Retail sales and machine manufacture of goods from raw materials are not allowed; and
(I) Bed and breakfast establishments may be located only in single-family dwellings operated by the property owner. There must be one parking space for each guest room.
(1) The number of guestrooms shall be limited to one for each 1,000 square feet of GFA.
(2) Meals may be served in a separate room designed for serving meals, and only to overnight guests, not the general public.
(Prior Code, § 154.054) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.055 HOUSEHOLD PETS.
Not more than four household pets of any species may be kept on any parcel. Household pets not kept indoors must be within cages or on other types of restraints.
(Prior Code, § 154.055) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.056 LOT FRONTAGE, AREA, AND SPACE REQUIRED.
(A) All lots shall have frontage on a public street and shall have the minimum lot width at the frontage of not less than that required in the zoning district in which it is located.
(B) No lot, or lots, in single ownership, and no required setback, parking facilities, or other space, shall be reduced to less than the minimum area or space required under this chapter.
(C) No lot, or lots, in the same or similar ownership shall be further reduced if already less than the minimum.
(D) Vacant lots in same or similar ownership that do not meet the minimum required lot size shall be combined to meet the dimensional standards for the zoning district in which they are located.
(E) No portion of an existing lot of record shall be sold if the new lot that is created does not meet the area and dimension requirements of the zoning district in which it is located.
(Prior Code, § 154.056) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.057 MOVING OF STRUCTURES AND BUILDINGS.
(A) The moving of a structure or building shall be considered the erection of a new building or structure and shall fully conform to all the provisions of this chapter in the same manner as a new building or structure. Any building or structure shall not be moved until a permit for the removal shall have been secured. All provisions relative to the erection of new structures shall be met, including a building permit.
(B) Before a permit may be issued for moving a building or structure, the Building Inspector shall inspect the same and shall determine if it is in a safe condition to be moved, and whether it complies with the Building Code and use requirements of the zoning district to which it is to be moved.
(C) Provided that these conditions can be complied with, a permit shall be issued for the moving of the building or structure.
(D) A performance bond may be required by the Zoning Administrator prior to the moving in the amount of 10% of the assessed valuation of the structure.
(Prior Code, § 154.057) (Ord. 48, passed 6-21-2005)
§ 154.058 MULTIPLE USES OF BUILDINGS.
(A) Multiple uses of a single building as the principal use in commercial and industrial zoning districts may be allowed by special land use.
(B) All uses must be allowed in the zoning district in which the multiple uses are to be located.
(Prior Code, § 154.058) (Ord. 48, passed 6-21-2005)
§ 154.059 ON-SITE SEWAGE TREATMENT AND WATER WELL FACILITIES.
(A) All uses not served by a public sewer must obtain an approved permit for the necessary on-site sewer and water facilities from the County Health Department.
(B) The permit must be submitted to the Zoning Administrator, together with a diagram with dimensions showing the location and size of the facilities, prior to the issuance of a zoning permit and building permit.
(Prior Code, § 154.059) (Ord. 48, passed 6-21-2005)
§ 154.060 PRINCIPAL USE.
(A) Only one principal use shall be made of a lot except as otherwise specifically allowed.
(B) A single-family dwelling, other than a farm dwelling, shall constitute a principal use, and only one single-family dwelling shall be allowed on a lot.
(Prior Code, § 154.060) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.061 PUBLIC AND INSTITUTIONAL USES.
Public and institutional uses, as a special land use, may be located in any zoning district upon approval by the Planning Commission, as provided in this chapter.
(Prior Code, § 154.061) (Ord. 48, passed 6-21-2005)
§ 154.062 SCREENING REQUIRED.
All uses and activities requiring screening must be submitted to the Planning Commission according to the site plan review requirements of this chapter.
(A) General screening requirements. All uses listed below shall be screened from adjacent residential zoning districts as required in this section. Screening may consist of walls, fences, vegetation, and berming, or a combination of any of these, as allowed by the Planning Commission:
(1) Buildings in commercial districts;
(2) Buildings in industrial districts;
(3) Communication towers;
(4) Multi-family dwellings;
(5) Outdoor storage areas;
(6) Off-street parking facilities;
(7) Loading and unloading areas;
(8) Compost facilities; and
(9) All other uses specifically identified as having to meet the requirements of this section.
(B) Walls and fences.
(1) Walls and fences shall have no openings for vehicular traffic or other purposes except as otherwise provided in this chapter and except the openings as may be approved by the Planning Commission.
(2) Walls and fences shall be constructed of durable, weather-resistant, rustproof, and easily- maintained materials.
(3) Walls and fences may not be constructed with openings that exceed 20% of the surface. The openings shall not reduce the obscuring effect and shall not reduce the minimum height requirement.
(4) The height of the required fence or wall shall be as follows:
Wall and Fence Heights | Required Height |
Wall and Fence Heights | Required Height |
Buildings in commercial districts | 4 feet, 6 inches |
Buildings in industrial districts | 6 feet |
Loading and unloading areas | 6 feet |
Multi-family dwellings | Use |
Off-street parking facilities | 4 feet, 6 inches |
Outdoor storage areas | 6 feet to 8 feet* |
*Wall height shall be a minimum of six feet unless a higher wall is required to adequately screen the area, with a maximum wall height being eight feet | |
(C) Vegetation.
(1) Vegetation shall consist of upright conifers such as, but not limited to: Blue, Green, White or Serbian Spruce; Douglas Fir; Austrian Pine; Juniper; or Hemlock.
(2) There shall be a greenbelt planting strip with a width of not less than 20 feet along the property lines and may be within the required setback. The greenbelt shall contain at least one straight or double-staggered row of deciduous and/or evergreen trees, spaced not more than 40 feet apart, and at least three rows of deciduous and/or evergreen shrubs spaced not more than eight feet apart and which grow to an ultimate height of not less than 12 feet.
(3) For staggered, double-row plantings, trees shall be planted not more than 15 feet on center. For single-row spacing, trees shall be planted not more than ten feet on center.
(4) Trees shall not be less than five feet in height at the time of planting.
(5) Existing trees that comply with the standards of this section, as determined by the Planning Commission, shall be credited toward meeting the screening requirements.
(6) (a) All required plant units shall be maintained in a healthy, growing condition.
(b) Any required plant units that are destroyed, removed, diseased, or die shall be replaced within six months with plant units that meet the requirements of this section.
(c) Failure to maintain required plant units in such a manner, including the removal and replacement of dead or diseased plant materials, shall constitute a violation of this chapter.
(7) The plantings shall be maintained in a neat and attractive manner commensurate with the adjoining areas, and shall maintain their density and screening effect throughout the calendar year.
(D) Berming.
(1) Berms shall be constructed with one foot of rise for each three feet of horizontal rise.
(2) Berms shall be constructed of clean fill and topsoil, and seeded with perennial rye and an appropriate grass seed, and shall be covered with organic mulch.
(3) Berms shall be landscaped with shrubbery and trees to enhance the screening effect and aesthetic appearance of the berm, and shall be maintained in a neat and attractive manner.
(E) Landscaping.
(1) LANDSCAPING shall mean, at a minimum, an area constructed of clean fill and topsoil and seeded with perennial rye and an appropriate grass seed with a minimum 30% cover of plant materials and mulch.
(2) Landscaping may include berms. Berms may include shrubbery and trees to enhance the landscaping effect and aesthetic appearance.
(3) Screening of refuse storage areas:
(a) Trash, garbage, and refuse storage and receiving areas are required to be screened from view. Screening walls or fences for these purposes shall be a minimum of four feet and six inches in height and shall be of satisfactory height so as to completely screen the appropriate areas from view; and
(b) Screening walls shall have no openings except for gates or doors intended to access the area.
(4) Surety, as required by this chapter, sufficient to cover the cost of the required screening may be required and used if the required improvements are not completed within 12 months from the date of approval.
(Prior Code, § 154.062) (Ord. 48, passed 6-21-2005)
§ 154.063 SUBSTANDARD LOTS OF RECORD.
(A) Any lot in a single ownership, which ownership was of record at the time of the adoption of this chapter, which does not meet the requirements of this chapter for lot area, may be utilized for uses permitted under this chapter; provided that all other requirements of this chapter are met.
(B) The Zoning Board of Appeals may adjust the yard and lot area requirements to not less than 75% of the requirements in this chapter upon application by the property owner to the Zoning Board of Appeals.
(Prior Code, § 154.063) (Ord. 48, passed 6-21-2005)
§ 154.064 SITE RESTRICTIONS.
(A) No land shall be used, or structure erected, where the Zoning Administrator, by reason of flooding, concentrated runoff, inadequate drainage, holds the land unsuitable for the use or structure, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, well-being, and general welfare of this community.
(B) The Zoning Administrator, in applying the provisions of this section shall, in writing, recite the particular facts upon which he or she bases his or her conclusion that the land is not suitable for certain land uses.
(1) The applicant shall have recourse to the Zoning Board of Appeals to appeal the Zoning Administrator’s findings and to present evidence contesting the unsuitability if he or she so desires.
(2) Thereafter, the Zoning Board of Appeals may affirm, modify, or deny the application or the Zoning Administrator’s determination of unsuitability.
(Prior Code, § 154.064) (Ord. 48, passed 6-21-2005)
§ 154.065 SUPPLEMENTARY YARD PROVISIONS.
(A) Roofed porches and other enclosed appurtenances shall be considered an integral part of the building to which they are attached and shall be subject to all yard requirements thereof.
(B) Chimneys, flues, sills, pilasters, cornices, eaves, gutters, and similar features may project into any required yard a maximum of 24 inches.
(C) Unenclosed and unroofed fire escapes, outside stairways, and balconies may project into a required yard a maximum of five feet.
(D) The following structural appurtenances shall be permitted to exceed the height limitations for authorized uses in any district:
(1) Those purely ornamental in purpose, such as church spires, belfries, domes, cupolas, ornamental towers, flagpoles, and monuments; and
(2) Those necessary to mechanical or structural functions, such as chimneys, smoke stacks, water tanks, elevator and stairway enclosures, ventilators, bulkheads, aerials and antennas, electronic devices, heating and cooling units, and fire towers.
(Prior Code, § 154.065) (Ord. 48, passed 6-21-2005)
§ 154.066 SETBACK FOR STRUCTURES AND SEPTIC SYSTEMS FROM WATER BODIES.
No private sewage system nor any principal structure for human occupancy shall be located less than 100 feet from the normal high-water line of any surface body of water nor any sewage system located less than four feet above the normal high-groundwater table level. Fill material may not be used to elevate a septic system in order to meet the requirement of four feet above the normal high-groundwater table level.
(Prior Code, § 154.066) (Ord. 48, passed 6-21-2005)
§ 154.067 STRUCTURES ON MORE THAN ONE LOT.
If a structure is proposed to be constructed on the lot line of two or more lots under single ownership, the lots must be combined into a single tax identification number before a zoning permit will be issued.
(Prior Code, § 154.067) (Ord. 48, passed 6-21-2005)
§ 154.068 SWIMMING POOLS.
Swimming pools may be installed in any zoning district as an accessory use. All pools must meet the following conditions and the provisions of the State Department of Public Health.
(A) Pools may be installed in the side or rear yards of a lot in residential and agricultural districts. Motels and hotels may install pools in the front yard. All yard requirements shall be met, except as provided below.
(B) Fences not less than five feet in height shall be required. The support posts thereof shall be constructed in a permanent manner and in such a way so as to last for the duration of the pool. The posts shall be spaced at intervals of not more than eight feet. The fences shall entirely enclose the pool.
(C) Every gate or other opening in the fence shall be designed and maintained to prevent entry of persons, except as allowed by the property owner, and consistent with the International Building Code.
(D) No pool or pool enclosure shall be erected closer than five feet from the rear and side property lines of the lot. For corner lots, the pool shall not be located closer than 20 feet from any property line abutting any street.
(E) Pools may not occupy more than 40% of the area of the yard. In computing the area, all other accessory structures shall be excluded.
(F) The inlet of the water supply system shall be above the overflow level of the pool and fitted with an anti-siphon device.
(G) The pool shall be chemically treated in a manner sufficient to maintain bacterial standards established by the provisions of the State Department of Health relating to public swimming pools.
(H) Backwash or drainage of swimming pools shall not be allowed to discharge beyond the property line or directly into any wetland, stream, or body of water.
(Prior Code, § 154.068) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.069 TEMPORARY FACILITIES.
Temporary accessory structures for non-residential purposes only may be allowed by permit by the Zoning Administrator for construction activities. The permit shall specify the location of the temporary accessory structure and shall cancel 12 months after the date of its issuance. The Zoning Administrator may renew the permit for additional six-month periods, not to exceed two years, if he or she finds good cause. In any event, the temporary accessory structures and all debris shall be removed within 15 days after completion or abandonment of the work.
(Prior Code, § 154.069) (Ord. 48, passed 6-21-2005)
§ 154.070 TEMPORARY HOUSING.
(A) Mobile homes and/or recreational vehicles shall be allowed as temporary housing provided they meet the following requirements. The Building Inspector may issue a permit for temporary housing or use of a mobile home constructed to the Department of Housing and Urban Development (HUD) specifications outside of an approved and licensed manufactured housing park under the following situations:
(1) For use as a temporary dwelling for the occupants of a dwelling damaged by fire or storm; and
(2) For use as a temporary dwelling during the construction of a new permanent dwelling on the same parcel, provided that a zoning permit has been issued for the permanent dwelling prior to the issuance of the temporary housing permit for the mobile home.
(B) The temporary housing permit shall not be issued unless the following requirements are met:
(1) The mobile home and/or recreational vehicle must be located within 100 feet of the principal residential dwelling;
(2) The mobile home and/or recreational vehicle has a water system and septic tank system that meets the requirements of the County Health Department. A certificate from the Department showing the compliance shall be filed with the Building Inspector before any use or occupancy is made of the mobile home;
(3) The mobile home and/or recreational vehicle shall be placed on a cement slab or supported by cement piers or blocking to form a foundation for the mobile home frame. The mobile home frame shall be anchored to the ground or anchored in the cement slab; and
(4) One-half of the normal setback requirements for a single-family dwelling shall be met.
(C) The time allowed by the temporary housing permit shall not exceed one year. A temporary housing permit issued under this section shall not be renewed for the same unit or location without the approval of the Board of Appeals.
(D) The fee and bond to be paid for the issuance of a temporary housing permit for a mobile home shall be established by the Village Council. The village has the power to retain the fee at its sole discretion. If a permit is allowed to be renewed, an additional fee and bond will be collected.
(E) The Building Inspector shall revoke the temporary housing permit at any time if the usage violates any of the requirements outlined in this section. If a permit is revoked, the unit must be vacated and removed from the property within 30 days, or it constitutes a violation of the ordinance and is subject to the penalties outlined in this chapter.
(Prior Code, § 154.070) (Ord. 48, passed 6-21-2005; Ord. passed 8-14-2018) Penalty, see § 154.999
§ 154.071 VEHICLES.
(A) Vehicles without current license and registration shall not be stored outside of an enclosed structure.
(B) No motor home or travel trailer shall be used or located within the village except in accordance with the following regulations.
(1) No person shall park overnight, or permit the parking overnight of, any motor home or travel trailer upon any public highway, street, alley, or park within the village.
(2) No person shall park, or permit the parking of, any unoccupied motor home or travel trailers outside a duly licensed recreational vehicle park, except in an accessory building or rear yard; provided no living quarters shall be maintained, or any business practiced, in the vehicle.
(3) No motor home or recreational vehicle shall be located on any lot where there is no principal building.
(4) Except as may be allowed by other village ordinances, the use of recreational vehicles for dwelling purposes is prohibited.
(5) (a) Storage of commercial vehicles, and semi-trailers (tractor or trailer) exceeding a rated capacity of two and one-half tons is prohibited in all residential zoning districts.
(b) Temporary off-street parking of the vehicles may be allowed in residential districts by permit issued by the Zoning Administrator.
(c) Storage shall be defined as the keeping of more than one such vehicle for a period of 30 days or longer per calendar year.
(Prior Code, § 154.071) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.072 WALLS AND FENCES.
(A) Walls and fences. Walls and fences shall be allowed, subject to the following conditions.
(1) In all districts, all fences shall be erected with fence posts and supports on the interior side.
(2) Under no circumstances shall a fence be constructed of used or unconventional fencing materials including, but not limited to: pallets; tree trunks; trash; tires; junk; or other similar items.
(3) Fences may be located on the property line, but may not extend into any right-of-way or onto adjacent property.
(4) Fence heights shall be measured from the surface of the ground immediately below the location of the fence.
(5) Fences for swimming pools shall be allowed as required in this chapter.
(6) Fences shall not be located within 30 feet of the ordinary high-water mark of a lake or stream.
(7) All fences shall be of a design and location so that they do not obstruct the vision of motorists on adjacent roads or the vision of pedestrians or motorists leaving the premises.
(8) Retaining walls are exempt from these fence provisions.
(B) Residential districts.
(1) Fences not greater than six feet in height are allowed in side or rear yards.
(2) Fences not more than four feet in height are allowed in the front yard if they are not more than 25% solid.
(3) Fences not more than three feet in height are allowed in the front yard if they are more than 50% solid.
(4) Fences shall not contain barbed wire, razor wire, spikes, or electric current.
(C) Commercial and industrial districts.
(1) A chain-link, protective fence not in excess of six feet in height is allowed in all yards.
(2) Fences in commercial zoning districts shall not contain barbed wire, razor wire, or electric current.
(Prior Code, § 154.072) (Ord. 48, passed 6-21-2005)