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Seymour City Zoning Code

ARTICLE IV

SUPPLEMENTARY DISTRICT REGULATIONS

Sec. 78-101.- Purpose.

The regulations set forth herein shall supplement or modify the regulations set forth in article III, Schedule of District Regulations.

Sec. 78-102. - Lots and yards.

(a)

More than one building on a lot. In any district, except a single-family, duplex or multi-family residential district, more than one building housing a principal use may be erected on a single lot provided that yard and other requirements of this chapter shall be met for each building as though it were an individual lot. In an agricultural district no more than one single-family dwelling may be erected on a single lot. More than one two-unit or larger multi-family apartment building may be built on a single lot in a duplex or multi-family residential district as a special exception.

(b)

Through lots. On through lots or lots with double frontage, the required front yard shall be provided on each street. On corner lots, the street yard shall equal the required front yard for lots fronting on that street. On corner lots, the property owner shall select one of the yards not facing the street as the "rear yard." The yard not selected as the "rear yard" shall be deemed a side yard under this subsection.

(c)

Development in mapped streets. Where an official line has been established for the future widening or opening of a street, the depth of a front yard or the width of a side yard shall be measured from such official line to the nearest line of the building.

(d)

Access. Every building housing a principal use hereafter erected or moved shall be on a lot with direct access to a public or private street and all such buildings shall be so located as to provide safe and convenient access for servicing and off-street parking.

(e)

Building groups. In any district a group of buildings separated only by common or party walls shall be considered as one building.

(Ord. No. 94-108, 7-25-1994; Ord. No. 2005-106, 5-23-2005)

Sec. 78-103. - Accessory uses and structures.

(a)

Attached accessory buildings. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.

(b)

Detached accessory buildings. No detached accessory building shall occupy any portion of the required front or side yard, and no detached accessory building or buildings shall occupy more than 25 percent of the required rear yard, or be located within five feet of any other accessory building, principal building or lot line. Any accessory building located on a lot, as the only building thereon shall be considered a violation of section 78-6(e). In any residential district any new detached accessory building larger than 720 square feet, any addition to an existing detached accessory building which would result in a building larger than 720 square feet, or any detached accessory building taller than 14 feet requires approval by the board of appeals. The depth to width ratio of the building may not exceed two to one. Applicants for this approval shall follow the outlined procedures and pay fees set forth by the city council:

(c)

Accessory structures. Not withstanding residential driveways and parking lots, no accessory structure shall be located within five feet of any accessory building, principal building or lot line.

(d)

Corner visibility. On any corner residential lot, nothing shall be erected, planted or allowed to grow within 30 feet of the street curb line that will obscure visibility over the height of 2½ feet above street grade.

(e)

Fences, walls, hedges. Refer to Municipal Zoning Code Section 78.11 Fence Code.

(f)

Accessory parking and storage. Customary overnight parking or storage of vehicles that are commercially licensed and exceeding one ton in capacity shall be prohibited on any public street or in any single-family or multifamily residential district. Vehicles without current registration shall also be prohibited on any public street or in any required front yard.

(g)

Swimming pools. All in-the-ground swimming pools shall be enclosed by a fence. Designs for such a fence shall be submitted to the zoning administrator for approval. Notwithstanding any further provisions of this chapter, the zoning administrator may approve the design of a fence enclosing a swimming pool.

(Ord. No. 2003-105, 12-8-2003; Ord. No. 2011-103, 9-12-2011; Ord. No. 2022-101, 3-28-2022; Ord. No. 2022-107, 4-25-2022)

Sec. 78-104. - Height.

The height limitations contained in article III do not apply to belfries, cupolas, antennas, water tanks, elevator bulkheads, chimneys, spires, flagpoles or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

Sec. 78-105. - Off-street parking.

(a)

Changes in building or use. Whenever a building or use is changed, structurally altered, or enlarged to create a need for an increase of 25 percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the change.

(b)

Fractional spaces. Where computation of the required parking spaces results in a fractional number, only the fraction of one-half or larger shall be counted as one.

(c)

Off-lot parking. Required off-street parking spaces shall be located on the same lot with the principal use, or when this requirement cannot be met such parking spaces may be located off-lot provided the parking spaces are located in the district where similar off-street parking facilities are permitted. Off-lot parking spaces must also be held in fee simple ownership by the owner of the use requiring such parking or be leased or rented through a written agreement satisfactory to the city attorney. Off-lot parking spaces for residential uses shall be within 200 feet of the principal entrance or the entrance for the individual occupants for whom the spaces are reserved while the farthest portions of a parking lot for all other uses shall be within 500 feet of the entrance to the establishment.

(d)

Joint use. Two or more uses may provide required off-street parking spaces in a common parking facility if the total spaces provided are not less than the sum of the spaces required for each use individually. The plan commission through a special exception may permit two or more uses to provide total spaces in a common area less than the sum of the spaces required for each use individually provided such uses are not operated during the same hours. A written agreement satisfactory to the city attorney shall accompany any common use arrangement.

(e)

Requirements not specified. Any principal use which does not have specific off-street parking requirements specified in article III shall provide sufficient off-street parking so that no public street shall be used for parking.

(f)

Design standards. Each required off-street parking space shall have a stall width of at least ten feet and a stall length of at least 20 feet. Minimum width of aisles providing access to stalls for one-way traffic shall be as follows: 11 feet for 30-degree parking; 13 feet for 45-degree parking; 18 feet for 60-degree parking; and 20 feet for 90-degree parking. Minimum width of aisles providing access to stalls for two-way traffic shall be 24 feet. No parking area of more than two spaces shall be designed as to require any vehicle to back into a public street Any parking area of more than five spaces shall be sufficiently screened in the form of a solid fence or shrubbery to protect neighboring residences. Large expanses of unchanneled parking areas shall be avoided. All parking areas shall be paved.

Sec. 78-106. - Signs.

(a)

Character of signs. Flashing signs, remnants, banners, streamers, and all other fluttering or spinning signs shall be prohibited except in connection with temporary sales, cultural events, or civic activities. No sign shall display intermittent lights customarily associated with danger or emergencies.

(b)

Signs in residential districts. No sign in a residential district shall exceed eight feet in height or produce artificial light from within.

(c)

Signs in commercial districts (CB, CH and GC-I Districts). Temporary window signs advertising a sale or special event at an individual commercial establishment shall be exempt from the sign regulations of this chapter.

(d)

Political signs. Political signs shall be limited to ten square feet in area and shall be erected no more than 60 days before the election and removed within five days after the election.

Sec. 78-107. - Common open space.

(a)

Buildings and structures. Common open space areas may contain complementary buildings and structures appropriate for the recreational use and enjoyment of the residents of the development for which it was established.

(b)

Dedication. When common open space or any portion thereof is approved for dedication and complementary improvements are completed and accepted, a deed shall be conveyed to the City of Seymour, and the supervision and maintenance shall be the responsibility of the City of Seymour.

(c)

Reservation. When common open space or any portion thereof is to be reserved for the exclusive use and enjoyment of the residents of the development from which it was established, the developer shall establish conditions as to the ownership, maintenance and use of such areas as deemed necessary by the city to assure preservation of its intended purposes.

(d)

Maintenance. In the event that common open space is improperly maintained, the city may serve written notice upon any property owner or association setting forth the manner in which such property owners or association has failed to maintain the common open space and demand maintenance deficiencies to be corrected within 30 days. If deficiencies as originally set forth or subsequently modified are not corrected within 30 days, the city may enter upon such common open space and correct maintenance deficiencies. The cost of such maintenance shall be assessed ratably against the properties within the development that have the right to use the area and shall become a tax lien on said properties. The city at the time of the entry shall file notice of any liens in the office of the city clerk.