South Jacksonville City Zoning Code
SUPPLEMENTARY REGULATIONS
§ 154.050 INTENT AND PURPOSE.
These regulations supplement and qualify regulations contained elsewhere in this chapter. Unless otherwise stated, the regulations hereafter established shall apply to all districts established by this chapter.
(Ord. 834, passed 2-1-2001)
§ 154.051 NUMBER OF PRINCIPAL BUILDINGS ON A ZONING LOT.
Except for detached one-family and two-family dwellings, more than one principal building may be located on the same zoning lot provided that density and dimensional requirements of this chapter shall be met for each principal building as though they were on individual lots.
(Ord. 834, passed 2-1-2001)
§ 154.052 CONFORMITY WITH DIMENSIONAL AND OFF-STREET PARKING REGULATIONS.
(A) The maintenance of yards, other open space, and minimum lot area required for a structure shall be a continuing obligation of the owner of such property on which it is located as long as the structure is in existence.
(B) No required yards, other open space, or minimum lot area allocated to any structure shall be used to satisfy required yards, other open spaces, or minimum lot area requirements for any other structure.
(C) There shall be no obstructions permitted in required yards except as hereinafter set forth.
(Ord. 834, passed 2-1-2001)
§ 154.053 LOT AREA AND WIDTH EXCEPTIONS.
(A) Within the R-2 and R-3 Districts, a reduction in the minimum lot area and/or lot width for detached one-family dwellings may be granted by the Enforcement Officer if the lot area and/or width are consistent with the prevailing pattern of the record subdivision in which the lot is located.
(B) In determining the prevailing pattern of a subdivision, the lot area and/or width of at least ten of the closest lots shall be considered or, if there are fewer than ten lots, the prevailing pattern of the lots on the block frontage shall be considered.
(C) In no case shall an exception be granted for any lot which is less than 5,000 square feet in area nor less than 50 feet in width at the building setback line.
(Ord. 834, passed 2-1-2001)
§ 154.054 HEIGHT EXCEPTIONS.
Chimneys, cooling towers, elevator equipment enclosures, monuments, tanks, water towers, ornamental towers and spires, church steeples, radio, television, cellular or microwave towers, or necessary mechanical apparatus usually required to be placed above the roof level are not subject to the height limitations contained in the district regulations.
(Ord. 834, passed 2-1-2001)
§ 154.055 SETBACK EXCEPTIONS.
(A) General setback exceptions. Every part of a yard between the property lines and the required building setback line shall be unoccupied and unobstructed by any structure or portion of a structure from ground level of the graded lot upward, except for the following.
(1) All yards.
(a) Hedges, flagpoles, and other customary yard accessories, ornaments, and furniture are permitted in any yard subject to location and size limitations, height limitations, and requirements limiting obstruction of visibility contained in this chapter (see § 154.061);
(b) Steps, ramps, or wheelchair lifts, four feet or less above grade, which are necessary for access to a permitted building or structure, or for access to a zoning lot from a street or alley. Guardrails, not exceeding 42 inches above the walking surface, are permitted as well;
(c) Awnings and canopies, projecting three feet or less into the required yard setback, except as provided for in division (A)(2)(c) below;
(d) Ordinary projections of chimneys or other vent pipes that are suitably concealed, projecting 18 inches or less into the required yard setback;
(e) Fences, subject to the requirements of § 154.058; and
(f) Traffic control devices, pad-mounted transformers, service pedestals, splice boxes, and similar appurtenances required for underground utility and cable systems.
(2) Front yards.
(a) Terraces shall not extend into the required front yard setback by more than ten feet. Guardrails around terraces are permitted as well, provided that such guardrails shall be limited to 42 inches above the surface of such terraces;
(b) One-story bay windows projecting three feet or less into the required front yard setback;
(c) Awnings, canopies, and marquees in the B-2 District are permitted to project into the street right-of-way, subject to the requirements and limitations of the Building Code;
(d) Overhanging eaves and gutters projecting four feet or less into the required front yard setback;
(e) Off-street parking areas and access drives (see § 154.077(C), for limitations on the location for such areas); and
(3) Rear yards.
(a) Terraces shall not extend into the required rear yard setback by more than ten feet. Guardrails around terraces are permitted as welt, provided that such guardrails shall be limited to 42 inches above the surface of such terraces;
(b) An elevated deck, covered or uncovered, provided that such deck shall not be enclosed nor shall extend into the required rear yard setback by more than ten feet;
(c) Accessory buildings, detached from the principal building, subject to dimensional requirements in § 154.056(B);
(d) Antennas and satellite dishes;
(e) One-story bay windows projecting three feet or less into the required rear yard setback;
(f) Overhanging eaves and gutters projecting four feet or less into the required rear yard setback;
(g) Children’s recreational equipment;
(h) Laundry drying lines;
(i) Air conditioning equipment; and
(j) Off-street parking areas and access drives (see § 154.077(C), for limitations on the location for such areas).
(4) Side yards.
(a) Terraces, provided that such terraces shall not be located within two feet of the side lot line. Guardrails around terraces are permitted as well, provided that such guardrails shall be limited to 42 inches above the surface of such terraces;
(b) Overhanging eaves and gutters projecting into the required side yard setback for a distance not to exceed 24 inches;
(c) Air conditioning equipment located not less than two feet from the side lot line; and
(d) Off-street parking areas and access drives (see § 154.077(C), for limitations on the location for such areas).
(B) Side yard setback exception for detached one-family dwellings. Within the R-2 and R-3 Districts, a reduction in the minimum side yard setback for detached one-family dwellings may be granted by the Enforcement Officer if the side yard widths are consistent with the prevailing pattern of the subdivision in which the lot is located. In determining the prevailing pattern of a subdivision, the side yards of at least ten of the closest lots shall be considered or, if there are fewer than ten lots, the prevailing pattern of side yards on the block frontage shall be considered. In no case shall an exception be granted which eliminates any of the off-street parking requirements and which does not meet the following minimum standards:
(1) A side yard of not less than four feet in width;
(2) A combined width of not less than nine feet for both side yards of the lot; and
(3) A combined width of not less than nine feet for the adjoining side yards of adjoining lots.
(C) Setbacks established by recorded subdivision plat. Where a recorded subdivision plat establishes a building setback line that is greater than that required by the applicable district regulations, the recorded subdivision setback requirement shall be the minimum setback. In no event shall the setback be less than the minimum established for the zoning district.
(D) Front yard setbacks for corner lots of record. Where a lot of record is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot. However, in situations where the front face of an existing principal building is oriented to the narrower of the two front lot lines, the required front yard building setback from the longer of the two front lot lines may be reduced to a distance of 15 feet, or the established setback in the applicable recorded subdivision plat, whichever is greater. This exception shall not apply to reverse corner lots.
(Ord. 834, passed 2-1-2001)
§ 154.056 ACCESSORY USES, BUILDINGS, AND STRUCTURES.
(A) Permitted accessory uses, buildings, and structures. A permitted accessory use is any use or structure which complies with the definition of “Accessory Use” contained in § 154.004 including, but not limited to, the following typical uses:
(1) Garages or carports;
(2) A structure for storage or a greenhouse, when accessory to a one-family or two-family dwelling and subject to size limitations (see division (B) below);
(3) Antennas and satellite dishes;
(4) Fences, walls, and hedges;
(5) Private recreation facilities, including tennis courts;
(6) Outdoor swimming pools and hot tubs;
(7) Off-street parking areas; and
(B) Dimensional regulations. In addition to other dimensional regulations established elsewhere in this subchapter, the following dimensional standards shall apply to accessory uses, buildings, and structures.
(1) Garages or carports shall not exceed the height of the dwelling or 24 feet, whichever is less, and shall comply with the required principal building setbacks, except that a detached garage or carport may be located from the rear lot line by a distance of not less than five feet, and at least three feet from the side lot line.
(2) Parking structures, attached to the principal building, shall comply with the setback requirements for said principal building.
(3) Accessory structures and uses located in a rear yard shall be set back at least five feet from the rear lot line and at least three feet from the side lot lines.
(4) Accessory structures and uses shall maintain the same front setback as is required for the principal structure located on the zoning lot, except that off-street parking areas, fences, walls, uncovered terraces, and hedges may be located in required front or side yards, subject to the limitations contained in § 154.055.
(5) A structure for storage or a greenhouse, that is accessory to a one-family or two-family residential building, shall not exceed 250 square feet in gross floor area nor exceed 12 feet in height.
(6) On one-family detached or attached, and two-family dwelling lots, accessory structures may be built in the required rear yard, but not less than five feet from the rear lot line and three feet from the side lot line. At least 800 square feet of the required rear yard shall remain as private open space, unoccupied by such accessory structures.
(7) Private recreation facilities, including tennis courts and outdoor swimming pools and hot tubs shall be set back at least five feet from any lot line and at least 20 feet from any dwelling on an adjacent lot. Such facilities shall be screened from adjacent residential property with a fence and/or dense planting (see § 154.058 for fence regulations).
(8) An accessory building, that is detached from the principal building, shall be located behind the rear building line of the principal building.
(9) An attached private garage or carport shall comply with the required front yard building setback specified in the applicable district regulations.
(10) Accessory structures and uses shall otherwise comply with the dimensional regulations applicable to the district in which they are located.
(C) Other use limitations.
(1) No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.
(2) Accessory uses customarily incidental to residential uses, such as the use of a lot or portion thereof for a vegetable or flower garden and the keeping of domesticated animals are permitted, but not on a commercial basis or that creates a nuisance to adjacent or nearby residents.
(Ord. 834, passed 2-1-2001)
§ 154.057 LANDSCAPING AND SCREENING REQUIREMENTS.
(A) Planting specifications.
(1) General.
(a) Landscaping required by this chapter shall mean living plants in a combination of trees, shrubs, and/or ground cover.
(b) Unless otherwise stated in this chapter, all size specifications for plant materials shall be based upon the time of planting. When caliper is specified for tree planting, the caliper of the tree trunk shall be measured at 12 inches above the ground level.
(2) Planting types.
(a) Canopy trees. A self-supporting woody, deciduous plant having not less than a two and one-half inch caliper and reaches a mature height of not less than 20 feet and a mature spread of not less than 15 feet.
(b) Ornamental trees. A self-supporting woody, deciduous plant having not less than a one and one-half inch caliper and normally attains a mature height of at least 15 feet and usually has one main stem or trunk and many branches. Several species may appear to have several stems or trunks.
(c) Evergreen trees. A tree having foliage that persists and remains green throughout the year and having a height of not less than six feet and maturing to a height of not less than 20 feet.
(d) Shrub. A self-supporting woody perennial plant (deciduous or evergreen) of low to medium height characterized by multiple stems and branches continuous from its base and having a height of not less than two feet and normally maturing to a height of not more than ten feet.
(e) Ground cover. Plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity.
(B) Screening between nonresidential and residential zoning districts.
(1) In situations where a nonresidential use is established adjacent to residentially zoned property, the developer of the nonresidential use shall provide the following screening within the required rear and/or side yard building setback areas.
(a) Within this setback, there shall be a landscaped buffer area not less than 15 feet in width, planted with one canopy tree for every 30 lineal feet of common property line or planted with evergreen trees spaced so that such evergreen trees create a continuous visual screen within five years after planting. Combination of canopy trees, evergreen trees, ornamental trees, and shrubs are permissible and encouraged, provided that such landscaping, in the opinion of the Enforcement Officer, will effectively screen the nonresidential uses from the view of the abutting residential zoned properties.
(b) In addition, there shall be placed at the property line a neat, clean, and maintained sight-proof fence or wall having a minimum height of six feet but not more than eight feet. Where a loading area or access drive thereto is within 50 feet of residentially zoned property, the fence shall be eight feet in height.
(2) In situations where a residential subdivision (more than three lots) or other multiple dwelling unit development is constructed on a site that is adjacent to business- or industrially-zoned lot, the developer of the residential subdivision or development shall provide the following increase in setbacks and screening.
(a) The minimum setback for the principal residential buildings shall be increased by 15 feet along the common property line separating the residential and commercial or industrial zoning district. A permanent buffer strip of a minimum of 15 feet shall be established adjacent to and parallel to the said common property line(s). This strip shall be indicated on the approved subdivision plat and/or development plan and annotated with the following statement: “This strip is reserved for landscape screening. The placement of buildings or other structures hereon is prohibited.”
(b) Within this buffer strip, there shall be a landscaped area planted with one canopy tree for every 30 lineal feet of common property line or planted with evergreen trees spaced so that such evergreen trees create a contiguous visual screen within five years after planting. Combination of canopy trees, evergreen trees, and shrubs are permissible and encouraged, provided that such landscaping, in the opinion of the Enforcement Officer, will effectively screen the nonresidential property from the view of the residential subdivision or development.
(c) In addition, there shall be placed at the property line a neat, clean, and maintained sight-proof fence or wall having a minimum height of six feet, but not more than eight feet.
(C) Screening of building mechanical or electrical equipment. Major mechanical and electrical systems should be located within the building envelope, if possible. In situations where this is not possible, the following screening standards shall apply to all building mechanical and electrical equipment located outdoors. Exceptions: developments in the I-1 District and air conditioning units associated with individual residential dwellings need not comply with these screening requirements.
(1) Ground-mounted equipment. Exterior equipment may be located at ground level, or depressed below ground level, so that the maximum height does not exceed eight feet. The equipment shall not be visible between the ground level and six feet above ground level of any street adjoining the property or from adjacent properties. Screening may be achieved with a wall that is consistent with and/or complementary to the exterior material of the principal building or with dense landscaping. In no case shall ground-mounted building equipment be located between the principal building and a public right-of-way or private street.
(2) Roof-mounted equipment. All rooftop building service equipment shall not be visible between the ground level and six feet above ground level of any street adjoining the property or from adjacent properties. All mechanical equipment shall be screened by an integral element of the architectural design of the building or a separate permanently installed screen which harmonizes with the building in terms of material, color, size, and shape. Rooftop equipment shall be permitted, without screening, if it is of a low profile design and in a location on the roof which is not visible between the ground level and six feet above ground level of any street adjoining the property or from adjacent properties.
(D) Screening of refuse disposal containers.
(1) For all nonresidential developments, outside storage of refuse shall be in suitable, covered, containers and shall be located so that such containers cannot be seen from adjacent streets or properties. Where such containers cannot be so located, the containers shall be screened from view from all four sides with a wood, masonry fence (brick, stone, or textured and pigmented concrete, with an opaque gate made of metal or wood, but excluding chain link or wire) having a minimum height of six feet but not more than eight feet.
(2) For all residential developments, outside storage of refuse shall be in suitable, covered, containers and shall be located so that such containers cannot be seen from adjacent streets or properties. In multifamily developments having shared outside trash storage containers, such containers shall be screened from view from all four sides with a sight proof fence or wall, consistent with the architectural character of the multifamily dwellings. Chain-link fences, with opaque slat inserts, shall not be permitted for this purpose.
(3) Exceptions to screening requirements:
(a) Refuse containers located adjacent to alleys are exempt from screening requirements on the alley side; and
(b) Refuse containers associated with one-family and two-family dwellings are exempt from screening requirements.
(E) Landscaping of off-street parking areas.
(1) Landscaping requirements for parking areas adjacent to streets. Where a parking lot, having 20 or more parking spaces is adjacent to or is visible from any public or private street, the entire frontage along said parking area, excluding entrance drives, shall be landscaped as follows:
(a) Two canopy trees and two shrubs shall be planted for every 40 feet of frontage, to be located within a strip of land paralleling the adjacent street and having a width of not less than ten feet. Trees do not have to be placed 40 feet on center. Strategic placement and grouping of trees and shrubs is encouraged. Incorporation of ground cover in the planting scheme is also encouraged.
(b) Other than turf grass or ground cover, landscaping of ground paralleling the adjacent street shall be located outside of the street right-of-way. The Enforcement Officer may permit required landscaping within the street right-of-way if it can be demonstrated that no reasonable alternative exists and that written authorization is provided by any affected public agency or utility company that has jurisdiction over the right-of-way or has easement rights.
(c) A maximum of 50% of the required number of trees may consist of ornamental trees. The Enforcement Officer may authorize an increase in this percentage where canopy trees may interfere with overhead wires.
(d) The required number of trees and shrubs may be reduced by up to 50% if earth sculpting, berms, or decorative screening walls are installed on private property along the frontage of the adjacent street to a height of not less than three feet above the grade of the parking area and, in the opinion of the Enforcement Officer, are designed to effectively screen the parking area yet avoid erosion, drainage, or maintenance problems.
(e) No landscaping, walls, or berm that exceeds 24 inches in height shall be located within ten feet of any parking lot access drive or otherwise located so as to interfere with the sight distance visibility of vehicular traffic or pedestrians.
(2) Landscaping requirements for interior areas. A parking lot, having 40 or more parking spaces, shall be landscaped as follows.
(a) A minimum of 20 square feet of interior landscaped areas shall be provided for each parking space. The landscaping shall be in one or more areas so as to break up the apparent expanse of the parking area and, whenever feasible, located at the ends of parking rows abutting circulation aisles. In order to qualify as interior landscaped area, said area shall be located wholly within or projecting inward from the boundaries of the parking area. The landscaped strip, as required under division (B) above, shall not qualify as an interior landscaped area, regardless of its width or depth.
(b) Individual interior landscaped areas shall have a minimum area of 50 square feet and a minimum width of nine feet. One canopy or ornamental tree shall be planted for every 400 square feet of the total of all interior landscaped areas. Trees shall be evenly spaced whenever possible.
(c) A maximum of 50% of the required number of trees may consist of ornamental and/or evergreen trees.
(3) Protection of landscaping. Landscaped areas shall be protected from the encroachment of motor vehicles by placing, along the entire perimeter of the landscaped area, a six-inch concrete curb or other curbing material approved by the Enforcement Officer.
(F) Installation and maintenance of landscaping.
(1) Immediately upon planting, all trees shall conform to the American Standard for Nurserymen, published by the American Association of Nurserymen, Inc., as revised from time to time.
(2) All new landscaped areas shall be installed prior to the occupancy or use of the building or premises; or if the time of the season or weather conditions are not conductive to planting, the Enforcement Officer may authorize a delay for such planting up to six months after occupancy or use of the buildings or premises. Dead plant materials shall be replaced in a timely fashion with living plant material, taking into consideration the season of the year, and shall have at least the same quantity and quality of landscaping as initially approved.
(3) All landscaping and screening shall be maintained in a healthy, neat, trimmed, clean, and weed-free condition. The ground surface of landscaped areas shall be covered with either grass and/or other types of pervious ground cover located beneath and surrounding the trees and shrubs.
(4) Any required landscaped area, greater than 150 square feet in area, shall be provided with an underground irrigation system or be provided with a potable water supply within 50 feet of said landscaped areas, or equivalent means.
(G) Tree preservation.
(1) Significant healthy existing trees, having a diameter of eight inches or greater, as measured at diameter breast height (DBH) above the established ground level shall be preserved, except as provided herein.
(2) Trees on a proposed development site meeting the above criteria shall be shown on the site plan. Such trees to be removed shall be indicated on the site plan. Tree preservation techniques, such as installation of retaining walls, shall be indicated on the site plan and/or in supplemental detail drawings.
(Ord. 834, passed 2-1-2001)
§ 154.058 FENCE REGULATIONS.
(A) Fence height and location.
(1) Residential districts.
(a) Interior lots. Fences, having a height of not more than six feet, are permitted in the rear yard. A fence may be three feet in height and be located in front or side yard. Such fences or walls shall comply with the requirements of § 154.061.
(b) Corner lots. Fences, having a height of not more than six feet, are permitted in the rear and side yards, provided that a fence, greater than three feet in height, shall not extend beyond either the established front face of the principal building on the lot or the principal building on the adjoining lot, whichever is closest to the street.
(c) Reverse corner lots of record. Fences, having a height of not more than six feet, are permitted between the side of the principal building and the street right-of-way line, provided that such fences, greater than three feet in height, shall be located at or behind the established front building line of the adjoining lot, if said lot developed, or at or behind the minimum front building setback line of the adjoining lot, if not developed.
(d) Through lots. Fences, having a height of not more than six feet, are permitted in the yard adjacent to the right-of-way that does not serve as the access to the lot and for all intents and purposes is used as the rear yard, provided that fences greater than three feet in height shall not extend beyond the established front building line of a lot fronting onto such right-of-way and located within the same block, or the minimum front building setback line of such lot, if not developed.
(2) Nonresidential districts.
(a) In any nonresidential district, no fence shall exceed eight feet in height except for recreational courts.
(b) In nonresidential districts, fences are permitted in any yard, with the following limitations.
1. Except for the I-1 and PA Districts, fences in the front yard shall be limited to decorative wood or low masonry walls of architectural quality (brick, stone, or textured and pigmented concrete). The height of such fences shall not exceed six feet in height except columns that are integral to the fence design, may exceed six feet.
2. Within the PA District, fences are allowed to extend into the front yard only as necessary to contain a playground area or for sport activity areas in parks.
(3) Exceptions.
(a) Fence height in dwelling districts may be increased to eight feet, in accordance with § 154.057(B).
(b) Fences having a height of not more than six feet are permitted in the front yard of a lot within a dwelling district, provided that the lot is five acres or greater in size and such fences shall be at least 75% open (such as, post and rail fences).
(c) Recreational courts may be bounded by an open (no slats) chain-link fence up to ten feet in height, provided that such fences be located at least 20 feet from any abutting residential property. Such fences in any dwelling district shall be located within the rear yard.
(d) Fences (or walls), used as a decorative feature and/or as a backdrop to an identification sign for a subdivision, apartment, condominium, or planned development entrances, may exceed the above stated maximum heights, subject to site plan review and approval (see §§ 154.110 through 154.113), compliance with § 154.061, and compliance with § 154.093(C).
(B) Fence materials.
(1) Except as otherwise provided for in division (B)(2) below, fence material shall be that which is designed and intended for use in fence installations, including decorative masonry (such as, brick, stone, or textured and pigmented concrete) and decorative wood. Makeshift material such as two inch by four inch lumber and plywood is not permitted, except for temporary protective barriers on properties undergoing construction or demolition activities. All fences shall be maintained in a structurally sound condition and otherwise in a neat and clean appearance.
(2) Barbed or razor wire shall not constitute any part of a fence in any dwelling district. In all other districts, barbed or razor wire may be attached to the fence, above six feet.
(C) Fences surrounding swimming pools. Swimming pools shall be completely surrounded by a protective barrier with a minimum of five feet from the ground. An occupancy permit is required.
(D) Fences at street intersections. Fences, at or near street intersections or access private drives, shall comply with § 154.061.
(Ord. 834, passed 2-1-2001; Ord. 942, passed 1-6-2011)
§ 154.059 HOME OCCUPATIONS.
Home occupations are permitted as an accessory use to a residential use in any district subject to the requirements of this section.
(A) Restrictions and limitations.
(1) Home occupations shall be operated entirely within the principal residential dwelling and/or accessory buildings and shall not occupy more than 25% of the total floor area including basement or finished attic spaces, with the use of the dwelling for a home occupation being clearly incidental and subordinate to its use for residential purposes by its occupants.
(2) The appearance of the dwelling shall not be altered in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or the emission of sounds, noises, or vibrations, except that one non-illuminated sign not greater than one square foot in area may be affixed to the dwelling in which the home occupation is located.
(3) Home occupations shall be conducted by only the residents of the dwelling unit and not more than one nonresident of the dwelling unit.
(4) No outdoor storage of materials or equipment used in the home occupation shall be permitted.
(5) No storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation shall be visible from the outside of the residence.
(6) No equipment shall be utilized that creates a nuisance due to odor, vibration, or noise.
(B) Examples of uses that frequently qualify as home occupations. The following are typical examples of uses which often can be conducted within the limits established herein and thereby qualify as home occupations. Uses which qualify as home occupations are not limited to those named below, nor does this listing automatically qualify it as a home occupation:
(1) Artists, sculptors and authors or composers;
(2) Dressmakers, seamstresses, tailors;
(3) Home crafts, such as model making, rug weaving, and lapidary work;
(4) Ministers, rabbis, priests;
(5) Music and dance teachers, provided that instructions shall be limited to one pupil at a time, except for occasional groups (see division (C)(1) below);
(6) Office facilities for architects, engineers, lawyers, Realtors, insurance agents, brokers, and members of similar professions;
(7) Office facilities for sales representatives or manufacturers’ representatives, when no sales are made or transacted on the premises (other than by telecommunications);
(8) Office facilities for contractors, cleaning services, landscapes, and other similar enterprises; and
(9) Psychologists, counselors, and social workers, provided that the conduct of services be limited to one client at a time, except for occasional groups (see § 154.059(C)(1)).
(C) Prohibited home occupations. The following uses by their nature have a tendency, once started, to increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area. Therefore, the uses specified herein (other than personal) shall not be permitted as home occupation:
(1) Any home occupation that involves periodic group meetings/sessions more than four times during any consecutive 12-month period;
(2) Any home occupation that involves the congregation of two or more nonresident employees, clients, subcontractors, or other persons engaging in business activity at a dwelling unit;
(3) Dancing schools;
(4) Medical or dental offices or clinics, including chiropractors, veterinarians, podiatrists, and similar professions;
(5) Motor vehicle repair or service;
(6) Painting of vehicles or large household appliances;
(7) Tourist home, including bed and breakfast; and
(8) Home occupations which negatively impacts the residential character of the neighborhood.
(Ord. 834, passed 2-1-2001)
§ 154.060 TEMPORARY USES.
(A) Temporary uses permitted.
(1) Christmas tree sales. Christmas tree sales may be permitted in any of the business districts for a period not to exceed 60 days. The site shall be cleared and cleaned within ten days after Christmas day.
(2) Contractor offices. Temporary buildings or trailers may be used as construction offices, field offices, or for storage of materials to be used in connection with the development of a tract of land, provided that said temporary structures are removed from said tract within 30 days after completion of the development. Temporary buildings or trailers must also be removed from said tract within 30 days after voluntary suspension of work on the project or development or after revocation of building permits, or on order by the Enforcement Officer upon a finding that said temporary structure is deemed hazardous to the public health and welfare.
(3) Real estate offices. Temporary real estate sales offices may be established in a display unit in a multi-lot subdivision or multi-unit condominium residential development. Such temporary real estate sales offices shall be established only for the marketing and sale of residential properties within the development project where the sales office is located.
(4) Outdoor amusement activities. The Enforcement Officer is authorized to approve the operation or conducting of an outdoor amusement activity on a temporary basis within any zoning district. For the purpose of this division (A)(4), OUTDOOR AMUSEMENT ACTIVITY includes a circus, carnival, fair, arts and crafts festival, trade or animal show, concert, rally, parade, athletic competition and any similar activity not involving the erection of any permanent structure or facility. The Enforcement Officer may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. This approval is in addition to any building permit, or other permit or license, required by law for any proposed activity or facility.
(B) Limitations on temporary commercial uses.
(1) Notwithstanding other provisions of this chapter, temporary outdoor sales of products or services shall be limited to the tenant or owner/occupant of commercial property upon which such outdoor sales take place. This shall not apply to temporary outdoor sales that are associated with food or agricultural products approved by the Health Department or nonprofit organizations and where such sales are for charitable purposes only, or to temporary on-site services that are accomplished within a two-hour time period (such as, windshield repair/replacement service).
(2) Except for sidewalk sales within the B-2 District, no temporary commercial activity shall take place within a street right-of-way.
(Ord. 834, passed 2-1-2001)
§ 154.061 VISIBILITY AT INTERSECTIONS.
On any corner lot nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially obstruct or impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 12 feet from the point of intersection.
(Ord. 834, passed 2-1-2001)
§ 154.062 PERFORMANCE STANDARDS.
(A) Purpose and intent. The following performance standards are established for the purpose of minimizing any negative impacts caused by a land use on adjacent land uses.
(B) Applicability. Any use, whether existing or hereafter established in the village or within its extraterritorial jurisdiction (see § 154.002) shall comply with the performance standards of this section.
(C) Performance standards.
(1) Hazardous conditions. Every use shall be so operated as to comply with the applicable standards and enforcement provisions contained in the most current Building Code and Fire Prevention Code, as adopted by the village.
(2) Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot lines of the property on which the use is located.
(3) Noise; measurement; sounds.
(a) Noise. The sound pressure level, to be measured as described below, shall not exceed the following decibels (dB) in the various octave bands when adjacent to the designated types of use districts.
Octave Band (cycles per second) | Sound Level in Decibels (dB) | |
All Dwelling Districts | All Business Districts | |
Octave Band (cycles per second) | Sound Level in Decibels (dB) | |
All Dwelling Districts | All Business Districts | |
37.5 to 75 | 58 | 73 |
75 to 150 | 54 | 69 |
150 to 300 | 50 | 65 |
300 to 600 | 46 | 61 |
600 to 1,200 | 40 | 55 |
1,200 to 2,400 | 33 | 48 |
2,400 to 4,800 | 26 | 41 |
over 4,800 | 20 | 35 |
(b) Method of measurement.
1. Measurements are to be made at the property line of sound source that is adjacent to a dwelling or business property located within a dwelling or business district.
2. The sound levels shall be measured with a sound level meter and associated octave band filter as prescribed by the American National Standards Institute, Inc.
(c) Intermittent sounds. Intermittent sounds that normally would be objectionable within residential areas (such as, exterior paging system) shall be controlled so as not to become a nuisance to a residential area.
(4) Odor and waste. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, refuse, water-carried waste, pollutants, or other matter which in any manner creates a nuisance beyond the property line of a particular use.
(5) Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line without instruments.
(6) Exterior lighting. Lighting within any property that unnecessarily illuminates another property and interferes with the use and enjoyment of such other property is prohibited. In furtherance of this requirement, all lighting on a lot shall be so arranged or designed using cut-off lenses as necessary to direct light away adjoining properties or streets. Flood and spot lights shall be shielded when necessary to prevent glare on adjoining properties and streets.
(D) Enforcement of performance standards.
(1) Whenever, in the opinion of the Enforcement Officer, there is a reasonable probability that any use or occupancy violates these performance standards, he or she is hereby authorized to employ qualified professionals or technicians to perform whatever investigations and analyses in order to make a determination on whether or not a violation exists.
(2) (a) In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the professionals and/or technicians employed to perform such investigations and analyses only if the violator has been given reasonable notice of the pending investigation and informed of the violators’ liability for the costs of such investigations and analyses.
(b) Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in § 154.999.
(Ord. 834, passed 2-1-2001) Penalty, see § 154.999