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Sparta City Zoning Code

SPECIAL DISTRICT

REGULATIONS

§ 155.095 S-1 FLOODPLAIN AND DRAINAGEWAY DISTRICT.

   The S-1 Floodplain and Drainageway District is designed to meet the needs of storm water channels to carry abnormal flows of water in time of flood; to prevent encroachments into the district which will unduly increase flood heights and damage; and to prevent the loss of life and excessive damage to property in the area of greatest flood hazard. Within the S-1 Floodplain and Drainageway District, the regulations set forth in this section shall apply.
   (A)   Permitted uses. 
      (1)   Agriculture, including customary agricultural buildings, structures, permanent agricultural dwellings, nurseries and greenhouses; provided that, any greenhouse heating plant or any building or enclosure in which animals are kept shall comply with the distance requirement in division (B) below;
      (2)   Commercial poultry farms and feeding facilities, kennels, riding stables and dairies; provided that, any building or enclosure in which animals or fowl are kept shall comply with two times the distance requirement in division (B) below;
      (3)   Outdoor advertising signs and billboards set back from the established right-of-way of any highway or thoroughfare at least as far as the required front yard depth for a principal building, subject to requirements of § 155.035(A)(13) and (A)(18) of this chapter;
      (4)   One-family detached dwellings;
      (5)   The following uses may be permitted in the district when authorized by the Board of Appeals upon application in accordance with and after compliance with the procedures set forth in this subchapter:
         (a)   Public parks, playgrounds and community centers; private recreation areas and facilities, including country clubs, golf courses, fishing lakes and boat docks;
         (b)   Baseball, football stadium or sports arena; provided that, the location of any structure used for the purposes shall comply with two times the distance requirements in division (B) below;
         (c)   Drive-in theaters and other similar commercial recreation establishments, provided that these are located on premises abutting on a highway or primary thoroughfare, and so as to comply with two times the distance requirements in division (B) below;
         (d)   Outdoor rifle or skeet shooting ranges; on premises so located as to comply with three times the distance requirement in division (B) below, and which premises, in addition, are deemed suitable by the Board of Appeals for the use, for reasons, among others, of topography, screening by trees or other features, and also in consideration of the present and potential use of adjacent properties;
         (e)   Equipment and materials storage yards, and junk yards; provided, these are enclosed on all sides by a solid fence or wall not less than eight feet high; petroleum or inflammable liquid storage; provided further that, any of the foregoing uses shall be authorized only on premises adjoining and within 1,000 feet of a railroad or a highway or primary thoroughfare, and so located as to comply with three times the distance requirement in division (B) below, and which premises, in addition, are deemed suitable by the Board of Appeals for the intended use, for reasons, among others, of topography, screening by trees or other features, and in consideration of the present and potential use of adjacent properties;
         (f)   Sanitary landfill subject to requirements and regulations set forth in § 155.035(A) of this chapter; and
         (g)   Any other use which, in the judgment of the Board of Appeals will not, when located, constructed and operated as proposed, be inconsistent with the purposes intended to be served by the provisions prescribed in this section for the S-1 District among others, of protecting human life, preventing material losses and reducing the cost to the public of relief or rescue efforts occasioned by the unwise occupancy of areas subject to floods; and which use, at the same time, will not impair the present or potential use of adjacent properties.
      (6)   Accessory uses and structures customarily incidental to a permitted principal use in the S-1 District. Any other accessory use that is determined by the Board of Appeals to be necessary and incidental to any aforesaid permitted principal use and located on the same lot therewith.
   (B)   Required conditions. All uses, buildings or premises, for which compliance with distance requirement in this division (B) is stipulated in this subchapter, shall be a distance of at least 200 feet from any lot in any R district, or any lot occupied by a dwelling or by any schools, church or institution for human care.
   (C)   Height regulations. No non-agriculture principal structure shall exceed two and one-half stories or 35 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in § 155.005 of this chapter.
   (D)   Lot area, frontage and yard requirements. The following minimum requirements shall be observed, subject to the additional requirements, exceptions and modifications in § 155.005 of this chapter:
 
Use
Lot Area
Lot Width
Front Yard Depth
Side Yard Width Each
Rear Yard Depth
Agricultural
Same as A-1 Agricultural District
Non-agricultural residences
20,000
100
60 ft.
15 ft.
35 ft.
Non-residential uses or structures other than agricultural
None
None
50 ft.
20 ft.
50 ft.
 
(1994 Code, § 155.075) (Ord. 200, passed 4-28-1969)

§ 155.096 S-2 SLOPE DISTRICT.

   The S-2 Slope District is designed to allow proper use of land having a cross-slope which exceeds 12% and to prevent encroachment into the district which will unduly increase storm water run-off and damage. Within the S-2 District, the regulations set forth in this section shall apply.
   (A)   Any slope area, the average cross-slope of which exceeds 18%, shall be subject to a special use exception which shall be in conformity with the land use plans, except agricultural dwellings, buildings and structures.
   (B)   Any slope area, the average cross-slope of which is less than 12% shall be considered suitable for any uses permitted in an S-1 Floodplain and Drainageway District.
   (C)   Any slope area, the average cross-slope of which exceeds 12%, shall be considered to be extremely rugged and the development of this terrain shall be limited to compatible uses as follows:
      (1)   One-family detached dwelling use subject to lot size, setback and yard requirements of the A-1 Agricultural District;
      (2)   Utility and pedestrian easements;
      (3)   Parks, playgrounds and general community open space; and
      (4)   Agricultural uses as limited and defined in § 155.095(A) of this chapter.
(1994 Code, § 155.076) (Ord. 200, passed 4-28-1969)

§ 155.097 S-3 AIRPORT DISTRICT.

   In the S-3 Airport District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, moved or altered, except for one or more of the following uses:
   (A)   Agricultural buildings or structures, one-family detached dwellings subject to the lot size, setback and yard requirements of the A-1 Agricultural District and the height limitations set forth in the S-3 Airport District;
   (B)   Aviation fields, airports, airport facilities, including restaurants and motel, landing strips or landing areas, provided that the following conditions have been met: permission of the respective owners, in the form of easements or other suitable assignment to the owner of the airport or landing strip, of air rights over all land in separate ownership and within the approach zones of all runways or landing strips shall be required. Copies of the easements or assignments of rights and an aeronautical evaluation of the proposed facility by the Federal Aviation Agency, as required by law shall be submitted to the Building Inspector before a permit for establishing or enlarging a runway, landing strip or landing area is authorized. Heliports may be permitted after an aeronautical evaluation of the proposed facility by the Federal Aviation Agency, as required by law, has been reviewed by the Building Inspector; and
   (C)   No open vacant, or unimproved land shall be used for any purposes other than as provided in this section, and the use shall be further subject to the zoning, building or other regulations adopted by any airport authority organized under state law having jurisdiction over an S-3 Airport District.
(1994 Code, § 155.077) (Ord. 200, passed 4-28-1969)

§ 155.098 S-4 HISTORICAL BUILDING DISTRICT.

   The S-4 Historic Building Districts are designed to preserve and protect buildings, places and areas of historic and architectural interest within the city and to prevent incompatible encroachments into this district.
   (A)   Permitted uses. No building or premises shall be used and no building shall be hereafter erected or altered within any S-4 Historic Building District unless otherwise provided in this chapter, except for a use permitted in the R-1 One-Family Dwelling District.
   (B)   Height, lot, yard, coverage. The same regulations shall apply to height, lot size, yard areas and percentage of lot coverage as required or permitted in the R-1 One-Family Dwelling District.
   (C)   Parking facilities. Parking facilities shall be provided as required or permitted in §§ 155.125 through 155.139 of this chapter.
   (D)   Special considerations.
      (1)   Within this district, no building or structure shall hereafter be erected, reconstructed, altered or restored unless and until the application for the building permit shall have been approved as to exterior architectural features which are subject to public view from a public street, way or place by the Board of Appeals.
      (2)   No building within the historic district shall be razed, without obtaining a permit approved by the Board of Appeals, and the Board of Appeals shall be empowered to refuse a permit for any structure of the architectural or historic interest, the removal of which, in the opinion of the Board of Appeals, would be detrimental to public interest of the municipality.
(1994 Code, § 155.078) (Ord. 200, passed 4-28-1969)