Seneca City Zoning Code

In order to carry out the purpose and provisions of this title the village of Seneca is hereby divided into districts classified as follows:

 

(Ord. 10-09, 8-17-2010)

   A.   The location and boundaries of the districts, established by this title are shown on the district map, updated annually by the village engineer with new, dated maps showing all changes as approved by the village council, dated October 1993, which is incorporated herein and hereby made a part of this title. The said district map, together with everything shown thereon and all amendments thereto, shall be as such a part of this title as though fully set forth and described herein. The said district map shall be filed with the office of the village clerk and shall be open to public reference at all times during which that office is open for business.

   B.   Printed copies of the district map, dated October 1993, shall be prepared as soon as is practicable after the adoption of this title. No later than March of each year thereafter, a district map shall be published clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications for the preceding calendar year; except that, if in any calendar year there are no changes in zoning uses, divisions, restrictions, regulations and classifications, no map shall be published for such calendar year.

   C.   Regardless of the existence of printed copies of the district map, the district map dated October 1993, which shall be located in the office of the village clerk, shall be the final authority as in the current zoning status of all land within the village. (Ord. 10-09, 8-17-2010)

When uncertainty exists with respect to the boundaries of the various zoning districts as shown on the official zoning map, the following rules shall apply:

   A.   In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street, highway, or railroad, the depth of such strips shall be in accordance with dimensions shown on the map measured at right angles from the centerline of a street, highway, or railroad, and the length of frontage shall be in accordance with dimensions shown on the map from centerlines of streets, highways or railroad rights of way unless otherwise indicated.

   B.   The zoning officer maintains the official zoning map. In case of any dispute regarding the zoning classification of any property subject to the zoning ordinance, the official zoning map maintained by the zoning officer governs.

   C.   District boundary lines are the centerlines of highways, streets, alleys, easements, railroad rights of way, toll roads, expressways, rivers and other bodies of water, or section, division of section, tract and lot lines, or such lines extended unless otherwise indicated. Boundaries indicated as approximately following such centerlines shall be construed to follow such centerlines.

   D.   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

   E.   Boundaries indicated as approximately following village limits shall be construed as following village limits.

   F.   Boundaries indicated as following the centerlines of rivers or other bodies of water shall be construed to follow such centerlines, and in the event of change in the centerline, shall be construed as moving with the centerline. The centerline shall be construed as being midway between the shorelines.

   G.   Boundaries indicated as parallel to or extensions of features indicated in subsections A through D of this section shall be so construed.

   H.   Whenever any street, alley or other public right of way is vacated by official action of the village council the zoning district line adjoining each side of such street, alley or other public right of way shall be automatically extended to the centerline of such vacated street, alley or public right of way.

   I.   Boundaries indicated as dividing a lot or tract shall be construed as being located as shown on the official zoning map.

   J.   The scale of the map shall determine distances not specifically indicated on the official zoning map.

   K.   Where a district boundary line divides a lot in single ownership, the regulations applicable to either portion of the lot may, at the owner's discretion, extend to the entire lot, but for not more than twenty five feet (25') beyond the boundary line of the district.

   L.   All streets, alleys and railroad rights of way of not otherwise specifically designated zones, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, or railroad rights of way. Where a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the existing centerline of such street or alley. (Ord. 10-09, 8-17-2010)

   A.   Permitted Uses: Uses identified with a "P" in table 10-4-4T, "Zoning Districts Special And Permitted Uses", of this section are permitted as of right in the subject district, provided the uses comply with all other applicable standards of this title. No building or parcel of land shall be devoted to any use other than a use permitted in the zoning district in which it is located, except for:

      1.   Uses lawfully established prior to the effective date of this zoning ordinance in accordance with sections 10-3-3 and 10-3-4 (nonconformities), of this title.

      2.   Special uses allowed in accordance with section 10-8-1 (special uses) of this title.

   B.   Special Uses: Uses identified with an "S" in table 10-4-4T, "Zoning Districts Special And Permitted Uses", of this section are considered special uses and may be permitted in the subject district only after review and approval in accordance with section 10-8-1 (special uses) of this title.

 

(Ord. 10-09, 8-17-2010; amd. Ord. 21-13, 4-6-2021; Ord. 23-21, 11-7-2023; Ord. 25-12, 4-7-2025)

   A.   Definitions: As used in this section, the following words shall mean:

    COMMON OPEN SPACE: An area within a development designed and intended for the use or enjoyment of all residents of the development or for the use and enjoyment of the public in general.

   PLANNED UNIT DEVELOPMENT: The development of an area of land as a single entity for a number of dwelling units or a number of uses, according to a plan which does not correspond in lot size, bulk or type of dwelling, density, lot coverage, or required open space to the regulations otherwise required by the building and zoning ordinances.

   B.   Applicability Of Planned Unit Development Regulations: The requirements for a planned unit development set forth in this section are in addition to other conditional use procedures and standards.

   C.   Purpose For Planned Unit Development Regulations: The planned unit development authorization serves to encourage developing as one project tracts of land that are sufficiently large to allow a site design for a group of structures. Deviation from specific site development standards is allowable as long as the general purposes for the standards are achieved and the general provisions of the zoning regulations are observed. It could either promote a harmonious variety or grouping of uses, or utilize the economy of shared services and facilities. It is further the purpose of authorizing planned unit developments to take into account the following:

      1.   Advances in technology and design.

      2.   Recognition and resolution of problems created by increasing population density.

      3.   A comprehensive development equal to or better than that resulting from traditional lot by lot land use development, in which the design of the overall unit permits increased freedom in the placement and uses of buildings and the locations of open spaces, circulation facilities, off street parking areas and other facilities.

      4.   The potential of sites characterized by special features of geography, topography, size or shape.

      5.   Compliance with the zoning ordinance as to height and other appropriate regulations.

      6.   Compliance with federal and state regulations regarding energy saving.

   D.   Findings For Project Approval: The plan commission shall approve a planned unit development only if it finds that the planned unit development will satisfy standards of this section including the following:

      1.   The planned unit development is an effective and unified treatment of the development possibilities on the project site while remaining consistent with the comprehensive plan and making appropriate provisions for the preservation of natural features such as streams and shorelines, ponds, lakes, trees, grasses, wooded cover and rough terrain.

      2.   The planned unit development will be compatible with the area surrounding the project site and with no greater demand on village facilities and services than can be furnished by the village.

      3.   Financing is available to the applicant sufficient to assure completion of the planned unit development.

   E.   Size Of The Planned Unit Development Site:

      1.   Except as set forth in subsection E2 of this section, a planned unit development shall be on a tract of land of sufficient size to accommodate sixty (60) or more dwelling units.

      2.   Notwithstanding the provisions of subsection E1 of this section, a planned unit development may be for a tract of land that will accommodate more than five (5) but less than sixty (60) dwelling units if the plan commission finds, upon a showing by the landowner, that a planned unit development is in the public interest because one or more of the following conditions exist:

         a.   An unusual physical or topographic feature of importance to the people of the area or the community as a whole exists on the site or in the neighborhood, which can be conserved and still leave the landowner equivalent use of the land by the use of a planned unit development.

         b.   The property or its neighborhood has a historical character of importance to the community that will be protected by the use of a planned unit development.

         c.   The property is adjacent to or across a street from property which has been developed or redeveloped under a planned unit development, and a planned unit development will contribute to the maintenance of the amenities and values of the neighboring planned development.

   F.   Dimensional And Bulk Standards And Type Of Construction: The type of proposed construction, whether conventional, solar, or solar assisted or other types of energy conservation construction, shall be described in the application.

      1.   The minimum lot area, width, frontage, and yard requirements otherwise applying to individual buildings in the zone in which a planned unit development is proposed do not apply within a planned unit development.

      2.   If the spacing between main buildings is not equivalent to the spacing which would be required between buildings similarly developed under this section on separate parcels, other design features shall provide light, ventilation and other characteristics equivalent to that obtained from the spacing standards.

      3.   Buildings, off street parking and loading facilities, open space, landscaping, and screening shall provide protection outside the boundary lines of the development comparable to that otherwise required of development in the zone.

      4.   The maximum building height shall, in no event, exceed those building heights prescribed in the zone in which the planned unit development is proposed, except that a greater height may be approved if surrounding open space within the planned unit development, building setbacks and other design features are used to avoid any adverse impact due to the greater height.

      5.   The building coverage for any planned unit development shall not exceed sixty percent (60%) of the land area being developed exclusive of public and private streets.

   G.   Density And Lot Sizes: Lot sizes need not be equal to the lot sizes required in the zoning district, but there shall be no more buildings or building sites per acre than permitted in the same zoning district for subdivisions not designed as planned developments. If the regulations pertaining to the zoning district do not provide a figure for the maximum number of buildings or building sites per acre, the figure will be determined by determining the maximum number of building sites per acre that could be achieved using the minimum area requirements for each lot and using the minimum street size permitted in the area. Common open spaces and common open facilities such as playgrounds, swimming pools and community buildings available only to persons living in the subdivision may be considered in determining the area of the subdivision.

   H.   Project Density:

      1.   Within a planned unit development, the plan commission may authorize the following increase in density in excess of the density otherwise allowed in the zone:

         a.   For an approved scheme of common open space, a maximum increase of three percent (3%) if the space is to be continuously maintained undeveloped and a maximum increase of five percent (5%).

      2.   If the plan commission finds that any of the following conditions would be created by an increase in density permitted by this section, it may either prohibit any increase in density or limit the increase in density by an amount which is sufficient to avoid the creation of any of these conditions:

         a.   Inconvenient or unsafe access to the planned unit development.

         b.   Traffic congestion in the streets which adjoin the planned unit development.

         c.   An excessive burden on sewerage, water supply, parks, recreational areas, schools or other public facilities which serve or are proposed to serve the planned unit development.

   I.   Alternate Provisions For Project Density:

      1.   The planned unit development may result in a density in excess of the density otherwise permitted within the zone in which the planned unit development is to be constructed not to exceed five percent (5%), but less than ten percent (10%), can be permitted by the plan commission if the arrangement of yards and common open space is found to provide superior protection to existing or future development on adjacent property.

      2.   If the plan commission finds that any of the following conditions would be created by an increase in density permitted by this section, it may either prohibit any increase in density or limit the increase in density by an amount which is sufficient to avoid the creation of any of these conditions:

         a.   Inconvenient or unsafe access to the planned unit development.

         b.   Traffic congestion in the streets which adjoin the planned unit development.

         c.   An excessive burden on sewerage, water supply, parks, recreational areas, schools or other public facilities which serve or are proposed to serve the planned unit development.

   J.   Common Open Space:

      1.   No open area may be accepted as common open space within a planned unit development unless it meets the following requirements:

         a.   The location, shape, size and character of the common open space is suitable for the planned development.

         b.   The common open space is for amenity or recreational purposes and the uses authorized are appropriate to the scale and character of the planned unit development, considering its size, density, expected population, topography, and the number and type of dwelling provided.

         c.   Common open space will be suitably improved for its intended use, except that common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements to be permitted in the common open space must be appropriate to the uses which are authorized for the common open space.

         d.   The development schedule which is part of the development plan coordinates the improvement of the common open space and the construction of buildings and other structures in the common open space with the construction of residential dwellings in the planned unit development.

         e.   If buildings, structures or other improvements are to be made in the common open space, the developer provides a bond or other adequate assurance that the buildings, structures and improvements will be completed. The village council shall release the bond or other assurances when the buildings, structures and other improvements have been completed according to the development plan.

      2.   Land shown on the final development plan as common open space shall be conveyed under one of the following options:

         a.   To a public agency which agrees to maintain the common open space and any buildings, structures or other improvements which have been placed on it.

         b.   To an association of owners or tenants, created as a nonprofit corporation under the laws of the state, which shall adopt and impose articles of incorporation and bylaws and adopt and impose a declaration of covenants and restrictions on the common open space that is acceptable to the plan commission as providing for the continuing care of the space. Such an association shall be formed and continued for the purpose of maintaining the common open space.

      3.   No common open space may be put to a use not specified in the final development plan unless the final development plan is first amended to permit the use. However, no change of use may be considered as a waiver of any of the covenants limiting the use of common open space areas, and all rights to enforce these covenants against any use permitted are expressly reserved.

      4.   If the common open space is not conveyed to a public agency, the covenants governing the use, improvement and maintenance of the common open space shall authorize the village to enforce their provisions.

   K.   Accessory Uses In A Planned Unit Development: In addition to the accessory uses typical of the primary uses authorized, accessory uses approved as part of a planned unit development may include the following uses:

Golf course.

Private park, lake or waterway.

Recreation area.

Recreation building, clubhouse or social hall.

Other accessory structure uses which the planning committee finds are designed to serve primarily the residents of the planned unit development, and are compatible with the design of the planned unit development.

   L.   Application Submission: An applicant shall include with the application for approval of a planned unit development either an outline development plan as described in subsection M of this section or a preliminary development plan as described in subsection N of this section. Except as otherwise described in this section the procedure for review and approval of a planned unit development is the same as contained in this title for other conditional uses.

   M.   Outline Development Plan: If an outline development plan is prepared, it shall include both maps and written statement as described in this subsection. The information shall deal with enough of the area surrounding the proposed planned unit development to demonstrate the relationship of the planned unit development with adjoining uses, both existing and allowable.

      1.   The maps which are part of the outline plan may be in general schematic form, and shall contain the following information:

         a.   The existing topographic character of the land.

         b.   Existing and proposed land uses and the approximate location of buildings and other structures.

         c.   The character and approximate density of the proposed buildings.

         d.   The approximate location of major thoroughfares.

         e.   Public uses, including schools, parks, playgrounds and other public open spaces.

         f.   Common open spaces and a description of the proposed use of these spaces.

         g.   Access to any building, open space or other area by police cars, firefighting equipment, ambulances and other emergency services.

      2.   The written statement which is part of the outline development plan shall contain the following information:

         a.   An explanation of the character of the planned unit development and the manner in which it has been planned to take advantage of the planned unit development regulations.

         b.   A statement of the proposed financing, including evidence of sufficient financing to complete the development and a certified financial statement of the owner of the development.

         c.   A statement of the present ownership of all the land included within the planned unit development.

         d.   A general indication of the expected schedule of development.

         e.   Copy of articles of incorporation where the owner is a corporation or a partnership agreement where the owner is a partnership; copy of the bylaws or proposed bylaws of any homeowners' association formed or to be formed pursuant to subsection J2b of this section.

      3.   Approval of the outline development plan shall constitute provisional approval of the planned unit development contingent upon approval of the preliminary development plan.

   N.   Preliminary Development Plan: A preliminary development plan shall be prepared and shall include the following information:

      1.   A map showing street systems, lot or partition lines and other divisions of land for management, use or allocation purposes.

      2.   Areas proposed to be conveyed, dedicated or reserved for public streets, parks, parkways, playgrounds, school sites, public buildings and similar public and semipublic uses, including all utilities.

      3.   A plot plan for each building site and common open space area, showing the approximate location of buildings, structures, and other improvements and indicating the open spaces around buildings and structures.

      4.   Elevation and perspective drawings of proposed structures.

      5.   A development schedule indicating:

         a.   The approximate date when construction of the project can be expected to begin.

         b.   The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin.

         c.   The anticipated rate of development.

         d.   The approximate dates when each stage in the development will be completed.

         e.   The area, location and degree of development of common open space that will be provided at each stage.

      6.   Agreements, provisions or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its common open space area.

      7.   The following plans and diagrams, insofar as the reviewing body finds that the planned unit development creates special problems of traffic, parking, landscaping, or economic feasibility:

         a.   An off street parking and loading plan.

         b.   A circulation diagram indicating proposed movement of vehicles, goods and pedestrians within the planned unit development and to and from thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern shall be shown.

         c.   Proof that no buildings or other structures will be built on "filled land" which overlays an earthquake zone.

         d.   A landscaping and tree plan.

         e.   An economic feasibility report or market analysis.

      8.   If no outline development plan has been filed, the preliminary plan shall contain the written statement required by subsection M2 of this section and shall include enough information on the area surrounding the proposed development to show the relationship of the planned unit development to adjacent uses, both existing and proposed.

   O.   Separate Approval Of The Preliminary Development Plan:

      1.   If an outline development plan has been submitted and the planned unit development has been provisionally approved based on the information in the outline development plan, the applicant shall file the preliminary development plan with the plan commission within six (6) months following the provisional approval of the outline development plan. The plan commission shall refer the proposal to the body which approved the planned unit development and that body shall give notice and provide an opportunity to be heard to each of the following:

         a.   A person who is on record as having appeared at the hearing on the outline development plan.

         b.   A person who has indicated in writing a desire to be notified.

         c.   A person or persons who submitted the proposal.

The body which provisionally approved the planned unit development shall then either approve, disapprove or approve with modifications the planned unit development based on the preliminary development plan.

      2.   If an outline development plan has been submitted and approved, a preliminary development plan may be submitted in stages. If a preliminary development plan covering at least twenty percent (20%) of the area of the outline development plan has not been submitted within six (6) months following the approval of the planned unit development by the plan commission, the preliminary development plan shall terminate unless, for good cause, the plan commission extends for three (3) months the period for the filing of the preliminary development plan.

   P.   Approval Of The Final Development Plan:

      1.   Within six (6) months following the approval of the preliminary development plan, the applicant shall file with the plan commission a final development plan containing in final form the information required in the preliminary plan. Provided, however, the plan commission may extend for six (6) months the period for filing of the final development plan, when adequate need is shown.

      2.   If the plan commission finds evidence of a material deviation from the preliminary development plan, they shall advise the applicant to submit an application for amendment of the planned unit development. An amendment shall be considered in the same manner as an original application.

   Q.   Control Of The Development After Completion: The final development plan shall continue to control the planned unit development after it is finished and the following shall apply:

      1.   The building official in issuing a certificate of completion of the planned unit development shall note the issuance on the filed final development plan.

      2.   After the certificate of completion has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned unit development shall be governed by the approved final development plan.

      3.   After the certificate of completion has been issued, no change shall be made in development contrary to the approved final development plan without approval of an amendment to the plan except as follows:

         a.   Minor modifications of existing buildings or structures may be authorized by the plan commission if they are consistent with the purposes and intent of the final plan and do not increase the cubic footage of the building or structure.

         b.   A building or structure that is totally or substantially destroyed may be reconstructed without approval of an amended planned unit development if it is in compliance with the purpose and intent of the final development plan.

      4.   An amendment to a completed planned unit development may be approved if it is consistent with the planned unit development, or if it is appropriate because of changes in conditions that have occurred since the final development plan was approved or because there have been changes in the development policy of the community as reflected by the comprehensive plan or related land use regulations.

      5.   No modification or amendment to a completed planned unit development is to be considered as a waiver of the covenants limiting the use of the land, buildings, structures and improvements within the area of the planned unit development, and all rights to enforce these covenants against any change permitted by this section are expressly reserved.

   R.   Public Hearing: Public hearings shall be held and the procedures set forth in this title shall be followed.

   S.   Fees: Fees shall be paid to the village clerk by the developer of a planned unit development as provided in section 10-6-4 of this title. (Ord. 10-09, 8-17-2010)

Any use established in any nonresidential district after the effective date of this comprehensive amendment shall be so operated as to comply with the performance standards set forth hereinafter for the district in which such use shall be located. No use lawfully established on the effective date of this comprehensive amendment shall be so altered or modified as to conflict with, or further conflict with, the performance standards established for the district in which such use is located.

   A.   Noise:

      1.   Permitted Noise Levels: At no point beyond the boundary of any lot shall the sound pressure level resulting from any use or activity, whether open or enclosed (except noises not directly under the control of the property user, noises resulting from the construction and maintenance of buildings and facilities including site preparation, and the noises of safety signals, warning devices, and railroads), exceed the maximum permitted decibel levels for the designated octave band as set forth in the table below.

 

      2.   The following uses and activities shall be exempt from the noise level regulations:

         a.   Noises not directly under the control of the property user.

         b.   Between the hours of seven o'clock (7:00) A.M. and sunset, noises customarily resulting from construction and the maintenance of grounds.

         c.   The noise of safety signals, warning devices, aircraft and railroads, snowplowing, and mosquito abatement.

         d.   Church bells, chimes and carillons.

Sound levels shall be measured with a sound level meter and associated octave band filter and impact noise filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network and "slow" meter response of the sound level meter. Impulsive type noises shall be subject to the performance standards herein prescribed, provided that such noises are capable of being accurately measured with such equipment. Noises capable of being so measured, for the purpose of this subsection, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two (±2) decibels. Noises incapable of being so measured, but objectionable because of intermittence, beat, frequency, or shrillness, shall be controlled so as not to become a nuisance to adjacent uses.

   B.   Smoke And Particulate Matter:

      1.   Emissions: The emission, from all sources within any lot, of particulate matter containing more than five percent (5%) by weight of particles having a particle diameter larger than forty four (44) microns is prohibited. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified herein is prohibited. The emission of smoke or particulate matter of a density equal to or greater than no. 2 on the Ringelmann chart is prohibited at all times, except as otherwise provided herein.

      2.   Smoke Units: Sixty (60) smoke units not exceeding Ringelmann no. 1 are permitted each hour. However, once during any three (3) hour period each stack may be permitted up to forty (40) additional smoke units, not to exceed Ringelmann no. 2, for soot blowing and fire cleaning. Only during fire cleaning period, however, shall smoke of a density of Ringelmann no. 3 be permitted, and then for not more than four (4) minutes per period.

      3.   Particulate Matter Emission: The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed the rate established in the following table:

 

For the purpose of grading the density of emission of smoke, the Ringelmann chart, published and used by the United States bureau of mines, shall be employed. For the purpose of determining smoke units, the Ringelmann density reading shall be made at least every minute during the period of observation. Each reading (Ringelmann number) shall be multiplied by the time in minutes for which it is observed, and the products added together to give the total number of smoke units observed during the total period of observation.

Determination of the total net rate of emission of particulate matter within the boundaries of any lot shall be made as follows: Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the hourly rate of emission in pounds per acre. Add together the individual rates of emission as derived above to obtain the total rate of emission from all sources of emission within the boundaries of the lot. It is this total that shall not exceed the rate established in particulate matter emission table.

   C.   Odors: No continuous, frequent, or repetitive emission of odors or odor causing substances which would be offensive at or beyond any property line will be permitted. An odor emitted no more than fifteen (15) minutes in any one day and on not more than two (2) days in any calendar month shall not be deemed as continuous, frequent or repetitive within the meaning of these regulations. The existence of an offensive odor shall be presumed when the concentration of the odor causing substance or substances in the air at any point at or beyond the property line exceeds the lowest concentration listed as the odor threshold for such substance or substances in table III (odor thresholds) appearing in chapter 5 of the "Air Pollution Abatement Manual", copyright 1952 by the Manufacturing Chemists' Association, or as subsequently amended. Substances not cited in said table shall be deemed odorous and offensive when analysis by a competent technician demonstrates that a discernible odor is being emitted.

   D.   Toxic And Noxious Matter: No emission which would be demonstrably injurious to human health, animals or plant life common to the region, on the ground at or beyond any lot line will be permitted. Where such emission could be produced as a result of accident or equipment malfunction, adequate safeguards considered standard for safe operation in the industry involved shall be taken. This shall not be construed to prohibit lawful spraying of pesticides on public or private property. The measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty four (24) hour sampling period. The release of any airborne toxic matter shall not exceed the fractional quantities permitted of those toxic materials currently listed in threshold limit values adopted by the American Conference Of Governmental Industrial Hygienists. If a toxic substance is not contained in this listing, the applicant shall satisfy the village of Seneca that the proposed levels will be safe to the general population. The release of airborne toxic matter shall not exceed 2.5 percent of the threshold limit value across lot lines and shall not exceed 2.5 percent of the threshold limit value across district boundary lines.

   E.   Heat And Glare: At no point at or beyond the boundary of any lot shall heat or glare be detectable to the human senses as determined by the zoning enforcement officer. In all nonresidential districts, any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 foot- candle when measured in a residential district.

   F.   Fire And Explosive Hazards:

      1.   The storage, utilization or manufacture of solid materials or products with the potential for free or active burning to intense burning (excluding household items in quantities customarily found in the home) shall be subject to approval of the local fire protection district.

      2.   Activities involving the transportation, storage or utilization of materials or products which decompose by detonation are prohibited unless specifically licensed by the village of Seneca.

      3.   The storage or utilization of flammable liquids or materials which produce flammable or explosive vapors shall be permitted in accordance with the following limitation, exclusive of storage in underground tanks and exclusive of storage of finished products in original sealed containers:

         a.   Said materials or products shall be stored or utilized within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the village of Seneca and the local fire protection district.

         b.   All such buildings shall be set back at least forty feet (40') from all lot lines, or in lieu thereof; all such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the village of Seneca and the local fire protection district.

   G.   Vibration:

      1.   Steady state vibrations are vibrations which, for the purpose of this title, are continuous, or vibrations in discrete pulses more frequent than one hundred (100) per minute. Discrete pulses which do not exceed one hundred (100) pulses per minute shall not cause displacement in excess of twice the values established in subsection G2a, "Permitted Vibration Displacements", of this section.

      2.   Impact vibrations shall mean vibrations occurring in discrete pulses separated by an interval of at least one minute and numbering no more than eight (8) per twenty four (24) hour period.

         a.   Permitted Vibration Displacements: At no point on or beyond the boundary of any lot shall the ground transmitted steady state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed the limits as established in the following table:

MAXIMUM PERMITTED VIBRATION DISPLACEMENT
(In Inches)

 

 

 

 

         b.   Method Of Measurement: For the purpose of measuring vibrations, a three (3) component measuring system shall be used.

   H.   Liquid And Solid Waste:

      1.   No waste which is dangerous to the public health and safety shall be discharged on the ground, into a stream or into the public sewer system.

      2.   Wastes shall not contain any grease or oil or an oily substance in excess of one hundred (100) ppm or exceed a daily average of twenty five (25) ppm.

      3.   Acidity or alkalinity shall be neutralized to within a variation of pH 4.5 to 10.0.

      4.   Water or wastes shall not contain toxic substances in quantities which are sufficient to interfere with the biological processes of the sewage treatment works.

      5.   Wastes shall not include garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2") in any dimension.

      6.   Solid or viscous wastes shall not be such as to cause obstruction to the flow in sewers or other interference with the proper operation of the sewerage system or sewage treatment works, such as grease, uncomminuted garbage, animal guts or tissues, paunch manure, bone, hair, hides, fleshings, entrails, feather, sand, cinders, ashes, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grain, wastepaper, wood, plastic, gas, tar, asphalt residues, residues from refining or processing fuel or lubrication oil, gasoline, naphtha, and similar substances.

      7.   Liquids or vapors having a temperature higher than one hundred fifty degrees Fahrenheit (150°F) at the point of entrance into a public sewer are prohibited.

   I.   Investigations, Measurements And Analyses:

      1.   Control Manhole: Any person discharging industrial wastes into a sewer shall construct and maintain a suitable control manhole or manholes downstream from any such place of discharge to permit observation, measurement and sampling of such wastes by the village. Where no manhole has been constructed or can be constructed, as in the case of some existing industries, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

      2.   Right Of Entry: The zoning enforcement officer or his assistant shall have the right to enter and set up, on company property, such devices necessary to conduct a gauging and sampling operation.

      3.   Adequate Controls Or Devices Required: The administrative official may require evidence that adequate controls or devices have been or will be installed and used so that all operations are conducted in a manner which will protect the public health, safety, comfort and welfare from any nuisances.

      4.   Enforcement: Where, in the opinion of the zoning enforcement officer, there is a probable violation of any provision of this section, he is empowered to have a qualified technician perform such investigations, measurements, and analyses as may be necessary to determine whether or not there is in fact a violation of this title. Upon confirmation of a violation, the offending industry or activity shall bear the costs incurred by the village in retaining the qualified technician. (Ord. 10-09, 8-17-2010)

   A.   Home Occupations: A home occupation is an incidental and accessory use to a residential use. The standards for home occupations are intended to ensure compatibility with other permitted uses and maintain the residential character of the surrounding residential uses.

      1.   Location: A home occupation may be conducted in any dwelling unit or in any building or structure accessory to the dwelling unit in any zoning district in which dwelling units are permitted. The building in which the home occupation is located shall be subject to the regulations of the zoning district in which it is located.

      2.   Operation:

         a.   Home occupations shall be conducted only by residents of the subject property.

         b.   The home occupation shall be conducted completely within the dwelling unit or accessory building.

         c.   Outside storage, outdoor display, or outdoor use of land is prohibited.

         d.   The home occupation shall not generate noise, vibration, glare, fumes, odors, electrical interference, or garbage beyond which normally occurs in the zoning district or planned development in which it is located.

      3.   Extent And Effect: A home occupation shall be limited in extent and shall be incidental and secondary to the use of the property and shall not occupy more than twenty five percent (25%) of the gross floor area of the dwelling unit in which the home occupation is located. If located in an accessory building, the home occupation may occupy one hundred percent (100%) of that structure.

      4.   Traffic, Deliveries, And Parking:

         a.   The home occupation shall not generate traffic beyond what is normally expected in the zoning district or planned development in which it is located. In no case shall traffic volume created by the home occupation exceed ten (10) trips per day, including deliveries.

         b.   Deliveries to home occupations shall not exceed two (2) per day.

         c.   Off street parking for the home occupation shall be provided in accordance with the provisions of section 10-2-8, "Off Street Parking And Loading", of this title.

      5.   Prohibited Home Occupations: The following activities are expressly prohibited as home occupations:

         a.   Animal hospitals (animal grooming service is permitted);

         b.   Kennels;

         c.   Medical clinics;

         d.   Eating and drinking establishments;

         e.   Jobbing, wholesale or retail business, unless it is conducted entirely by mail or telephone and does not involve the receipt, sale, shipment, delivery or storage of merchandise on or from the premises, provided, however, that articles produced by members of the immediate family residing on the premises may be sold from and stored upon the premises;

         f.   Undertaking establishments and funeral parlors;

         g.   Repair or maintenance of motor vehicles, to include trucks and motorcycles;

         h.   Any activity that produces noxious matter or employs or produces flammable matter;

         i.   Use of any mechanical equipment except of a type that is similar in character to that normally used for purely domestic or hobby purposes.

      6.   Permitted Home Occupations: The zoning ordinance does not attempt to define or list all permitted home occupations. However, the following activities and uses are expressly permitted, provided that the other provisions of this section are met:

         a.   Barber/beauty shop;

         b.   Animal grooming services;

         c.   Baby sitting services and daycare activities that do not meet state law thresholds for licensing and regulation;

         d.   Licensed daycare homes;

         e.   Instruction in music, dance, home crafts and arts, provided that the total class size does not exceed four (4) students at any time;

         f.   Offices of architects, brokers, engineers, insurance agents, lawyers, real estate agents, urban planners, landscape architects, accountants and secretarial services;

         g.   Offices of ministers, priests and rabbis or other religious leaders;

         h.   Offices of sales representatives or manufacturer's representatives;

         i.   Studios of artists, authors, composers and photographers;

         j.   Workrooms of dressmakers, seamstresses and tailors;

         k.   Workrooms for home crafts, such as model making, rug weaving, or cabinetmaking.

   B.   Signs: Signs in all residential districts shall conform to the provisions of title 9, chapter 3 of this code.

   C.   Off Street Parking: Off street parking in the amount of four hundred (400) square feet minimum shall be required for each dwelling unit.

   D.   Accessory Buildings And Uses: Accessory buildings and uses as described in section 10-2-9, "Accessory Buildings/Structures And Uses", of this title.

   E.   Household Sales: All sales from a household residence regardless of sales classification will be restricted to the following:

      1.   Not more than three (3) consecutive days in any sale period, and not more than one sale in a thirty (30) day time period.

      2.   Signs at the sale will comply with signs for all residential areas.

      3.   All merchandise will be removed from public view by the end of the final day of each sale. (Ord. 10-09, 8-17-2010)

The high density residential multi-family land use category supports the use of multiple-family townhomes, condominiums and apartments.

   A.   Permitted And Special Uses: Permitted uses and special uses as outlined in section 10-4-4, "Zoning Districts Permitted And Special Uses", of this chapter and listed in section 10-4-4, table 10-4-4T, "Zoning Districts Special And Permitted Uses", of this chapter.

   B.   Off Street Parking: Parking spaces in accordance with provisions set forth in section 10-2-8 of this title.

   C.   Lot Area: Not less than five thousand (5,000) square feet of lot area for each single-family dwelling and not less than three thousand five hundred (3,500) square feet for each dwelling unit in a two-family or multiple-family dwelling; except that any lot shown on a plat recorded on the effective date hereof and having an area of not less than six thousand (6,000) square feet may be used for a two-family dwelling.

   D.   Lot Width: Not less than fifty feet (50').

   E.   Building Height: Not to exceed two and one-half (21/2) stories or thirty five feet (35'), whichever is lower.

   F.   Usable Floor Area Per Dwelling Unit:

      1.   Single-family dwellings: Not less than eight hundred (800) square feet.

      2.   Two-family and multiple-family dwellings: Not less than five hundred (500) square feet per dwelling unit. Efficiency apartments shall have not less than three hundred (300) square feet per dwelling unit.

   G.   Yards:

      1.   Front Yard: Not less than twenty five feet (25') in depth.

      2.   Side Yards:

         a.   Two (2) side yards, each not to be less than ten percent (10%) of the lot width or five feet (5') in width, whichever is greater.

         b.   On a lot to be improved with a nonresidential building, a side yard shall be provided along each side lot line not less than fifteen feet (15') in width.

      3.   Rear Yard: As required in the R4 district. (Ord. 10-09, 8-17-2010)

The high density residential duplex/mixed land use category supports the use of multiple-family or attached housing.

   A.   Permitted And Special Uses: Permitted uses and special uses as outlined in section 10-4-4, "Zoning Districts Permitted And Special Uses", of this chapter and listed in section 10-4-4, table 10-4-4T, "Zoning Districts Special And Permitted Uses", of this chapter.

   B.   Off Street Parking: Parking spaces in accordance with provisions set forth in section 10-2-8 of this title.

   C.   Conversion Of Existing Structures: The conversion of existing single-family dwellings to two-family dwellings shall be permitted subject to the regulations of the district and limited by the following requirements:

      1.   No existing dwelling shall be converted to conflict with the yard or floor area requirements of the district.

      2.   Where applicable, a lodging room shall be considered as one- half (0.50) dwelling unit in determining compliance with subsection C1 of this section.

   D.   Lot Area: Not less than five thousand (5,000) square feet of lot area for each single-family dwelling and not less than three thousand five hundred (3,500) square feet for each dwelling unit in a two-family dwelling; except that any lot shown on a plat recorded on the effective date of this title and having an area of not less than six thousand (6,000) square feet may be used for a two-family dwelling.

   E.   Lot Width: Not less than fifty feet (50').

   F.   Building Height: Not to exceed two and one-half (21/2) stories or thirty five feet (35'), whichever is lower.

   G.   Usable Floor Area Per Dwelling Unit:

      1.   Single-family dwellings: Not less than eight hundred (800) square feet.

      2.   Two-family dwellings: Not less than four hundred (400) square feet each.

   H.   Yards:

      1.   Front yard: Not less than twenty five feet (25') in depth.

      2.   Side yards: As required in the R4 district.

      3.   Rear yard: As required in the R4 district. (Ord. 10-09, 8-17-2010)

Existing mobile home park developments are included in this high density residential land use category however any future mobile home park developments are subject to the provisions established in the village's zoning ordinance.

   A.   Permitted And Special Uses: Permitted uses and special uses as outlined in section 10-4-4, "Zoning Districts Permitted And Special Uses", of this chapter and listed in section 10-4-4, table 10-4-4T, "Zoning Districts Special And Permitted Uses", of this chapter.

   B.   Trailer Park Requirements: Trailers shall be permitted in the R3 district in parks with a minimum total area of seven (7) acres. A maximum of ten (10) mobile home lots per gross acre of park land shall be permitted.

   C.   Trailer Park Perimeter Requirements: The following trailer park perimeter requirements shall apply:

      1.   Front Yards: The park shall have a front yard of not less than fifty feet (50') in depth.

      2.   Side Yards: The park shall have two (2) side yards each not less than twenty five feet (25') in depth.

      3.   Rear Yards: The park shall have a rear yard not less than twenty five feet (25') in depth.

   D.   Trailer Lot Requirements:

      1.   Lot Area: Within the park each lot shall contain a minimum area of six thousand (6,000) square feet.

      2.   Lot Requirements: There shall be a minimum of twenty feet (20') clearance between mobile homes.

         a.   Front Yards: The lot shall have a front yard of not less than ten feet (10') in depth.

         b.   Side Yards: The lot shall have two (2) side yards each not less than ten feet (10') in depth.

         c.   Rear Yards: The lot shall have a rear yard not less than ten feet (10') in depth.

         d.   Floor Area Per Dwelling: There shall be a minimum of four hundred fifty (450) square feet of floor area within each mobile home.

   E.   Accessory Buildings:

      1.   Accessory buildings for other than individual trailer lots shall conform with section 10-2-9 of this title.

      2.   For individual trailer lots, accessory buildings:

         a.   Maximum Size: One hundred fifty (150) square feet.

         b.   Front Yards: Shall not be permitted in front yards.

         c.   Distance From Lot Line: Shall be a minimum of two feet (2') from a lot line.

         d.   Distance From Trailer: Shall be a minimum of two feet (2') from the trailer.

         e.   Off Street Parking: Parking spaces in accordance with provisions set forth in section 10-2-8 of this title. (Ord. 10-09, 8-17-2010; amd. Ord. 21-19, 5-4-2021)

The traditional residential land use category represents a majority of the village's existing residential areas, particularly in the established neighborhoods near the village's future downtown/core area. This category includes smaller lot single-family homes and multiple-family units.

   A.   Permitted And Special Uses: Permitted uses and special uses as outlined in section 10-4-4, "Zoning Districts Permitted And Special Uses", of this chapter and listed in section 10-4-4, table 10-4-4T, "Zoning Districts Special And Permitted Uses", of this chapter.

   B.   Off Street Parking: Parking spaces in accordance with provisions set forth in section 10-2-8 of this title.

   C.   Conversion Of Existing Structures: The conversion of existing single-family dwellings to two-family dwellings shall be permitted subject to the regulations of the district and limited by the following requirements:

      1.   No existing dwelling shall be converted to conflict with the yard or floor area requirements of the district.

      2.   Where applicable, a lodging room shall be considered as one- half (0.50) dwelling unit in determining compliance with subsection C1 of this section.

   D.   Lot Area: Not less than five thousand (5,000) square feet of lot area per dwelling unit.

   E.   Lot Width: Not less than fifty feet (50').

   F.   Building Height: Not to exceed two and one-half (21/2) stories, or thirty five feet (35'), whichever is lower.

   G.   Usable Floor Area Per Dwelling: Not less than eight hundred (800) square feet.

   H.   Yards:

      1.   Front Yard: Must be in line with existing structures in the neighborhood.

      2.   Side Yards:

         a.   Two (2) side yards, each not to be less than five feet (5') in width.

         b.   On a lot to be improved with a nonresidential building, a side yard shall be provided along each side lot line not less than fifteen feet (15') in width.

         c.   A side yard abutting a street, not to be less than twenty five feet (25') in width. If a corner lot, duly recorded prior to the effective date of this title, has insufficient width to provide a side yard twenty five feet (25') in width and still maintain a buildable width of twenty seven feet (27'), then the side yard abutting the street may be reduced in width by the distance necessary to maintain a buildable width of twenty seven feet (27'), provided such side yard is not less than five feet (5') in width.

      3.   Rear Yard: Depth of not less than twenty percent (20%) of the depth of the lot measured from the rear lot line but such yard need not exceed thirty feet (30') in depth. (Ord. 10-09, 8-17-2010)

The medium density residential category is appropriate for the newer subdivisions consisting of single-family detached homes, or a combination of single-family detached homes, and duplex units or townhomes. In these developments, municipal utilities such as sewer and water are provided. Senior housing proposed in medium density residential land use category may require higher densities and shall be reviewed accordingly to ensure compatibility with adjacent existing or future land uses.

   A.   Permitted And Special Uses: Permitted uses and special uses as outlined in section 10-4-4, "Zoning Districts Permitted And Special Uses", of this chapter and listed in section 10-4-4, table 10-4-4T, "Zoning Districts Special And Permitted Uses", of this chapter.

   B.   Off Street Parking: Parking spaces in accordance with provisions set forth in section 10-2-8 of this title.

   C.   Conversion Of Existing Structures: The conversion of existing single-family dwellings to two-family dwellings shall be permitted subject to the regulations of the district and limited by the following requirements:

      1.   No existing dwelling shall be converted to conflict with the yard or floor area requirements of the district.

      2.   Where applicable, a lodging room shall be considered as one- half (0.50) dwelling unit in determining compliance with subsection C1 of this section.

   D.   Lot Area: Not less than seven thousand five hundred (7,500) square feet per dwelling unit.

   E.   Lot Width: Not less than sixty feet (60').

   F.   Building Height: Not to exceed two and one-half (21/2) stories, or thirty five feet (35'), whichever is lower.

   G.   Floor Area Per Dwelling: Not less than eight hundred (800) square feet.

   H.   Yards:

      1.   Front Yard: Not less than thirty feet (30') in depth.

      2.   Side Yards:

         a.   Two (2) side yards, each not to be less than ten feet (10') in width.

         b.   On a lot to be improved with nonresidential building, a side yard shall be provided along each side lot line not less than twenty five feet (25') in width.

         c.   A side yard abutting a street not to be less than twenty five feet (25') in depth.

      3.   Rear Yard: Depth of not less than twenty five percent (25%) of the depth of the lot measured from the rear lot line, but such yard need not exceed forty feet (40') in depth. (Ord. 10-09, 8-17-2010)

The low density residential land use category represents opportunities for estate type single-family development that may not include the provision of municipal sewer and water services. The low density residential category is likely to provide for a density of 1.0 dwelling unit per acre or less.

   A.   Permitted And Special Uses: Permitted uses and special uses as outlined in section 10-4-4, "Zoning Districts Permitted And Special Uses", of this chapter and listed in section 10-4-4, table 10-4-4T, "Zoning Districts Special And Permitted Uses", of this chapter.

   B.   Off Street Parking: Parking spaces in accordance with provisions set forth in section 10-2-8 of this title.

   C.   Conversion Of Existing Structures: The conversion of existing single-family dwellings to two-family dwellings shall be permitted subject to the regulations of the district and limited by the following requirements:

      1.   No existing dwelling shall be converted to conflict with the yard or floor area requirements of the district.

      2.   Where applicable, a lodging room shall be considered as one- half (0.50) dwelling unit in determining compliance with subsection C1 of this section. (Ord. 10-09, 8-17-2010)

The rural countryside residential land use category allows for an individual residential property comprising at least five (5) acres in size, and including farming activities, stables, etc. The property is served by a private well and septic system.

   A.   Permitted uses and special uses as outlined in section 10-4-4, "Zoning Districts Permitted And Special Uses", of this chapter and listed in section 10-4-4, table 10-4-4T, "Zoning Districts Special And Permitted Uses", of this chapter.

   B.   The following yard requirements shall apply:

      1.   Number Provided: Except as otherwise provided herein, each principal building shall provide for one front yard, two (2) side yards and one rear yard; or, if on a corner, two (2) front yards, one side yard and one rear yard.

      2.   Minimum Yard Requirements:

 

 

Note:

   1.    Yard requirements for the front yard vary depending on the classification of the roadway that the property is facing. Property facing township roadways have a 70 foot setback from the centerline of the roadway. Properties facing a county roadway have an 85 foot setback from the centerline of the roadway. Properties facing a state roadway have a 100 foot setback from the centerline of the roadway. In all cases the setback shall have a minimum of 30 feet from the edge of the road right of way or edge of the roadway easement. All yard requirements for the front yard are measured from the centerline of the roadway. All other yard requirements are measured from the prospective property line.

      3.   Use Of Yards: All nonagricultural and nonsingle-family detached uses shall utilize required yards for the purpose of providing site access, fire access, landscaping and fences. (Ord. 10-09, 8-17-2010)

All business, service, storage, merchandise, display, and where permitted, repair and processing within a business district shall be:

   A.   Conducted wholly within a completely enclosed building, except for off street automobile parking, off street loading. Open sales and storage lots are permitted only in districts where specifically listed as permitted uses.

   B.   There shall be no manufacture, compounding, processing, or treatment of products other than that which is clearly incidental to the principal use of the stores, shops, or businesses.

   C.   Any manufacturing, compounding, processing or treatment of any products as authorized in subsection B of this section, is limited to that which employs not more than five (5) persons in the manufacturing, compounding, processing or treatment.

   D.   Where an accessory building is separate from a main building, it shall be subject to and must conform to all the regulations of this article, applicable to main buildings.

   E.   The repair or processing, manufacturing, compounding, or treatment of goods shall be limited to those, which are not objectionable by reason of odor, fumes, dust, smoke, noise, vibration, or water carried waste. (Ord. 10-09, 8-17-2010)

This land use category is intended to provide for retail businesses that offer a wide range of goods, services, and employment opportunities in locations which abut or front major roadways to provide convenient access and visibility. Given their access to major roadways, general commercial uses generally are set in an auto oriented setting and are high intensity in character, providing retail goods and services at a regional level. General commercial uses are generally recommended at major intersections and roadway corridors, such as along Route 6 near the I-80 interchange. It is further recommended that commercial developments within this category incorporate full and/or limited access driveways and cross access between lots and adjacent commercial properties as determined by the village engineer and/or respective agency having jurisdictional control. This land use category is also intended to provide convenient retail establishments and services to adjacent residential neighborhoods. Neighborhood commercial uses may be scattered throughout the village along arterial or collector roadways and their intersections. Generally, a neighborhood commercial center may be incorporated as part of an overall residential subdivision proposal, as such it should be screened and buffered from adjacent residential areas and should provide pedestrian access to the commercial areas from adjacent residential uses.

   A.   General Conditions:

      1.   New buildings used or intended for use exclusively for residential purposes are not permitted. Existing residential dwelling units may be continued in use.

      2.   Where living facilities are erected or constructed as a part of a building containing a store or business establishment, such structures and such living facilities shall comply with the regulations for the R1 residential district with the exception of the yard requirements specified therein. In addition, where living quarters are erected or constructed on the ground floor level of any building, such building shall comply with the side yard requirements of the R1 district and under no circumstances shall such living quarters be extended to those rooms of the building which are located nearest the front lot line. The primary means of the building must be business with at least fifty percent (50%) of the first floor reserved for the business.

   B.   Accessory Buildings And Uses: Accessory buildings and uses as described in section 10-2-9, "Accessory Buildings/Structures And Uses", of this title.

   C.   Permitted And Special Uses: Permitted uses and special uses as outlined in section 10-4-4, "Zoning Districts Permitted And Special Uses", of this chapter and listed in section 10-4-4, table 10-4-4T, "Zoning Districts Special And Permitted Uses", of this chapter.

   D.   Building Height: Not to exceed thirty five feet (35').

   E.   Yards: No front, side or rear yards shall be required, except that when a building or group of buildings abut a residential district, a side yard shall be provided on the side of a lot abutting a residential district, such yard having a width of not less than five feet (5'); a rear yard shall be provided where abutting a residential district, such yard having a depth of not less than twenty feet (20').

   F.   Fencing: All side and/or rear yards, where abutting a residential district, shall be fenced and screened from view from any adjoining lot in the adjacent residential district. Rear or side yards adjoining a dedicated alley are exempt from the fencing requirements. (Ord. 10-09, 8-17-2010)

This land use category is intended for businesses that complement and provide support services to industrial related land uses. Since this category of land use may include outdoor storage of materials, equipment, etc., it is essential that the outdoor storage area be designed with a hard, dust free bituminous storage or parking surface; a solid fence or wall having a height equivalent to the materials or equipment being stored; and a landscape buffer yard that provides year round screening. This land use category is also intended to serve as a buffering or transitional land use between industrial land uses and less intense land use categories.

   A.   General Conditions: General conditions as specified in the B1 district.

   B.   Permitted And Special Uses: Permitted uses and special uses as outlined in section 10-4-4, "Zoning Districts Permitted And Special Uses", of this chapter and listed in section 10-4-4, table 10-4-4T, "Zoning Districts Special And Permitted Uses", of this chapter.

   C.   Building Height: Not to exceed thirty five feet (35').

   D.   Yards:

      1.   Front yard: Not less than fifteen feet (15') in depth.

      2.   Side yards: Not less than fifteen feet (15') in width.

      3.   Rear yard: Not less than twenty feet (20') in depth.

   E.   Fencing: Same as provided for in the B1 district. (Ord. 10-09, 8-17-2010)

This land use category provides opportunities for nuisance free business parks and other light industry, preferably in well designed, attractive buildings in a landscaped campuslike environment. Warehouse distribution (buildings having less than 100,000 square feet in area), high tech, engineering, office and research uses are particularly appropriate for this category. Public storage facilities may also be appropriate if built at a smaller scale than typical warehousing facilities.

   A.   General conditions: Same as provided for in the B1 district.

   B.   Building height: Same as provided for in the B1 district.

   C.   Fencing: Same as provided for in the B1 district.

   D.   Accessory buildings and uses as described in section 10-2-9, "Accessory Buildings/Structures And Uses", of this title.

   E.   Permitted uses and special uses as outlined in section 10-4-4, "Zoning Districts Permitted And Special Uses", of this chapter and listed in section 10-4-4, table 10-4-4T, "Zoning Districts Special And Permitted Uses", of this chapter. (Ord. 10-09, 8-17-2010)

This land use category provides opportunities for high intensity industrial uses, including warehousing (buildings over 100,000 square feet in area), manufacturing, and processing uses. This land use category will have access to arterial roadways, railroads, and/or waterways. Industrial land uses are to be well buffered from incompatible land uses, by solid screening, such as fencing or walls in combination with intense landscaping treatment. When possible, industrial establishments should be located an appropriate distance away from other less intense uses.

   A.   Permitted uses and special uses as outlined in section 10-4-4, "Zoning Districts Permitted And Special Uses", of this chapter and listed in section 10-4-4, table 10-4-4T, "Zoning Districts Special And Permitted Uses", of this chapter. (Ord. 10-09, 8-17-2010)

   A.   Lot Area: Any principal use, together with all accessory uses, shall be located on a lot having a minimum area of forty thousand (40,000) square feet.

   B.   Lot Width: Each lot shall have a width at the building setback line of not less than one hundred thirty feet (130').

   C.   Yards:

      1.   Front Yard: Each lot shall have a front yard of not less than fifty feet (50') in depth.

      2.   Side Yards:

         a.   Interior Lot: Each lot shall have two (2) side yards, one along each side lot line, of not less than twenty feet (20') each;

         b.   Corner Lot: The width of any side yard which abuts a street shall be not less than fifty feet (50');

         c.   Lots Abutting Residential Zones: The width of any side yard which abuts a residential zone shall be not less than fifty feet (50').

      3.   Rear Yard: Each lot shall have a rear yard of not less than twenty feet (20'); the depth of any rear yard which abuts a street or a residential zone shall be not less than fifty feet (50').

   D.   Fencing: Same as provided for in the B1 district. (Ord. 10-09, 8-17-2010)

The agricultural areas and conservation open space is intended to preserve Seneca's traditional rural character by encouraging the protection of economically viable agricultural land and protecting natural resources and areas with unique environmental characteristics such as wetlands, floodplains, streams and woodlands. Protections of natural areas ensure they continue to provide natural functions such as flood storage and conveyance, pollution control, and wildlife habitats. Conservation open spaces are distributed around the village as well as outside municipal limits. As a preservation measure, this land use category discourages the premature development of vacant or agricultural lands and is also intended to prevent an incompatible mixture of urban and rural uses. Combined with conservation open spaces, agricultural areas help create a "greenbelt" around the village's planning area providing a safeguard from overdevelopment.