Summerset City Zoning Code
ADDITIONAL USE
YARD, AND HEIGHT REQUIREMENTS
§ 155.175 GENERAL PERMITTED USES REGULATIONS.
(A) (1) The uses of land, buildings, and other structures permitted in each of the districts established by this chapter are designated by listing the principal uses permitted. If a use is not specifically listed in the permitted use, said use is not a permitted use allowed in the district.
(2) In addition to such principal uses, there may be uses customarily incidental to any principal use permitted in the district know as accessory uses.
(B) In the commercial and industrial districts, more than one principal use and structure may be allowed on a lot if all of the other regulations and standards of this chapter are met. In any residential district, any single-family attached dwelling, single-family detached dwelling, and two-family dwelling shall be deemed to be the sole principal use on the lot on which it is situated. In a multi-family residential district, more than one multi-family dwelling building may be allowed if all of the other regulations and standards of this title are met and the detailed site plan is approved by the Planning and Zoning Board.
(C) (1) No recorded lot shall be divided unless such division results in the creation of lots, each of which conforms to all of the applicable regulations of the district in which the property is located. No reduction in the size of a recorded lot below the minimum requirements of this chapter shall be permitted.
(2) There is an exception for changing the direction of interior lot lines on adjoining lots adjacent to the corner of two streets which does not result in a reduction of the square footage of either lot.
(D) Where there are existing recorded lots which do not meet the minimum lot area requirement, single-family dwellings may be constructed as long as a side yard shall be not less than four feet and the sum of the side yards shall be not less than 12 feet and as long as all other requirements, except lot size, are met.
(E) Where a permitted use of land involves no structures, such use, excluding agricultural uses, shall nonetheless comply with all yards and minimum lot area requirements applicable to the district in which located, as well as obtain any other license or permit applicable to that particular use.
(F) A building permit may be issued for a structure having access from an unimproved street, but in no case shall the structure be occupied until the street has been improved and water and sewer has been installed to city standards. Surety for said improvements shall be posted before the issuance of the building permit.
(Ord. passed 2-3-2011, § 2.26.010)
§ 155.176 GENERAL ACCESSORY USE AND STRUCTURE PROVISIONS.
Each permitted accessory use shall:
(A) Be customarily incidental to the principal use established on the same lot;
(B) Be subordinate to and serve the principal use;
(C) Be subordinate in area, extent, and purpose to the principal use; and
(D) Contribute to the comfort, convenience, or necessity of users of such principal use.
(Ord. passed 2-3-2011, § 2.26.020)
§ 155.177 PERMITTED ACCESSORY STRUCTURES.
Accessory uses shall be permitted as specified in § 155.176, and such accessory uses shall be applicable to the principal use and shall include, but not be limited to, the following:
(A) Dwellings.
(1) Private garage or carport used primarily for storage and which shall not be used for commercial purposes. The maximum cumulative allowable size of all garages or carports shall be 1,500 square feet or 30% of the size of the gross floor area of the dwelling unit(s), whichever is greater. In no event shall the size of the building footprint of the garage(s) or carport(s) exceed the footprint of the dwelling unit(s). The garage(s) or carport(s) shall be used only by persons residing on the premises. Any garage not meeting these requirements shall be allowed only as a conditional use pursuant to §§ 155.335 through 155.341;
(2) Children’s playhouse, playground equipment, and recreation equipment used on the lot;
(3) Private greenhouse, vegetable, fruit or flower garden, garden house, pergola, barbecue, or fireplace;
(4) Private tennis court, swimming pool, and bathhouse; and
(5) Shed for the storage. Any storage building larger than 200 square feet shall be considered a private garage.
(B) Church, chapel, temple, or synagogue.
(1) Parish house or residence for the clergy of the congregation; and
(2) Religious education building.
(Ord. passed 2-3-2011, § 2.26.030)
§ 155.178 HOME OCCUPATIONS.
Home occupations are those secondary uses allowed on a premises in conjunction with the following.
(A) The occupation must be conducted entirely within a dwelling unit or within a private garage.
(B) The occupation must be clearly incidental and secondary to the principal use of the dwelling for dwelling purposes.
(C) Only members of the immediate family residing on the premises may be employed by or participate in the home occupation.
(D) The area set aside for a home occupation shall not exceed 20% of the total floor area of the residence, including garages. The permissible floor area includes that space necessary for storage of goods or products associated with the home occupation.
(E) There can be no evidence other than the nameplate referred to in division (F) below that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
(F) Home occupation signs as regulated in §§ 155.270 through 155.280 are allowed on the premises.
(G) Such occupations shall not require substantial external alterations or involve construction features not customary in a dwelling.
(H) Merchandise offered for sale shall be clearly incidental to the home occupation.
(I) No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted material shall be stored on site.
(J) Any process which will cause odor, dust, glare, noise, heat, or vibration which would have a negative effect on adjacent properties would not be allowed. No mechanical equipment other than that ordinarily utilized within a dwelling unit for household or hobby purposes shall be permissible.
(K) No visible evidence of the conduct of such home occupation shall be visible from any public way or neighboring property except for one commercial vehicle associated with the home occupation may be park on the premises.
(L) (1) Public access to the home occupation shall be by invitation only and there shall ordinarily be no more than one vehicle not owned by the occupants on or adjacent to the property for business purposes except that appointments may overlap for time period not exceeding 30 minutes.
(2) Occasional parties, meetings, or classes associated with home occupations are permissible.
(3) The parties, meetings, or classes shall in no case be held more than four times monthly and vehicles shall in no way impede the safety and flow of traffic within the neighborhood. If the home occupation is the type in which classes are held or instructions given, there shall be no more than four students on the premises at any one time.
(M) Home occupations shall be restricted to the hours of 8:00 a.m. to 8:00 p.m.
(N) Any proposed home occupation which does not meet the criteria as established in this section may be allowed as a conditional use and must follow the requirements of §§ 155.335 through 155.341.
(Ord. passed 2-3-2011, § 2.26.040)
§ 155.179 TEMPORARY USES.
The following uses are deemed to be temporary uses and shall also be subject to the specific regulations and time limits which follow and to the regulations of any district in which such use is located.
(A) In any non-residential zoning district, a temporary use permit may be issued for a seasonal greenhouse or garden shop, but such permit shall be issued for a period of not longer than 90 days. Seasonal greenhouses and garden shops are exempt from any maximum floor area requirement. Seasonal greenhouses or garden shops shall conform to the clear sight triangle, setback, and parking requirements this chapter.
(B) In any district, a temporary use permit may be issued for the display and open-lot sales of Christmas trees, but such permit shall be issued for a period of time commencing no earlier than November 1 and ending prior to January 5 of the following year.
(C) In any district, a temporary use permit may be issued for a contractor’s temporary office and equipment sheds incidental to a construction project. Such office or shed shall not contain sleeping or cooking accommodations. Such permit shall be valid for the duration of the construction period. Such office or shed shall be removed upon completion of the construction of the structure(s).
(D) A carnival, circus, or similar event is a temporary use. In any non-residential district, a temporary use permit may be issued for a carnival, circus, or tent but such permit shall be issued for a period not longer than 14 days.
(E) A farmer’s market, as defined in § 155.009, may be conducted in any non-residential zoning district, subject to such conditions and limitations as the Board of Commissioners may direct in designating such farmer’s market as a community activity.
(F) In any non-residential zoning district, a temporary use permit may be issued to the operator of a ten-day temporary business in accordance with the following provisions:
(1) A temporary use or structure may occupy a development lot for not more than ten days and shall vacate the lot for a period of 180 days;
(2) All temporary structures shall contain approved toilet facilities or shall have contracted with the owners of permanent toilet facilities within 300 feet for employee access to the facilities. Operations that include prepared foods or beverages shall provide or have contracted for access to approved toilet facilities by customers of the business;
(3) All temporary structures and displays shall be located outside of clear sight triangles at streets, alleys, and driveways as per § 155.182;
(4) All temporary structures and displays shall be located outside of the front yard setbacks;
(5) All temporary business operators shall provide a minimum of two off-street parking spaces not associated with any other use; and
(6) Each temporary business may display one sign to advertise the business. The sign shall be no larger than 25 square feet.
(Ord. passed 2-3-2011, § 2.26.050)
§ 155.180 FENCES.
Regulations regarding fences shall be as follows.
(A) The regulation of fences is intended to protect the public safety and welfare while maintaining the integrity of the community; providing privacy; buffering noise; and allowing adequate air, light, and vision.
(B) A building permit is required for all fences except for fences located in the Agricultural District.
(C) Fences not more than four feet in height may be located on any part of the lot except that such a fence may not be more than 30% solid where it is located within 30 feet of a street intersection, measuring along the property lines and connecting these two points by a straight line.
(D) (1) Fences not more than six feet in height may be erected on any part of a lot other than in the required front yard except for fences located in the Agricultural District which are exempt from the fence height requirements.
(2) The following are exceptions.
(a) On double frontage and comer lots used residentially, fences not more than six feet in height may be placed in one of the front yards, provided that the fence is placed from the rear building line to rear property line or portion thereof.
(b) The maximum fence height for golf courses, public swimming pools, school track and field areas, parks, and ballparks shall be eight feet on any portion of the lot. Fences associated with these uses shall not be more than 30% solid.
(c) The maximum fence height for public tennis courts or basketball courts shall be 12 feet and shall not be more than 30% solid on any portion of the lot.
(d) In all commercial and industrial zoning districts, fences not more than eight feet in height may be located on any part of a lot other than the required front yard setback, except when such lot is adjacent to a residential use.
(E) All boundary line fences shall be located entirely upon the private property of the person, firm, or corporation constructing or causing the construction of such fence unless the owner of the property adjoining agrees, in writing, that such fence may be erected on the division line of the respective properties. The Building Inspector or City Planner may require any applicant for a fence permit to cause to establish the boundary lines of her or his property by a survey thereof to be made by a registered land surveyor.
(F) (1) Every fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private.
(2) Any such fence which is, or has become dangerous to the public safety, health, or welfare, is a public nuisance, Code Enforcement is authorized to commence proceedings for the abatement thereof.
(3) Link fences, wherever permitted, shall be constructed in such a manner that the barbed end is at the bottom of the fence and the knuckle end is at the top thereof.
(Ord. passed 2-3-2011, § 2.26.060; Ord. passed 2-16-2017; Ord. 2023-05, passed 6-15-2023)
§ 155.181 YARD AND BUILDING SETBACK EXCEPTIONS.
(A) The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in this chapter.
(B) No yard, open space, or lot area required for a building or structure shall, during its life, be occupied by any other building or structure except:
(1) Overhanging roofs, eaves, gutters, cornices, decks, carports, or any other architectural features up to three feet from the side property line;
(2) Non-enclosed driveways and parking spaces, curbs, sidewalks, steps, and terraces;
(3) Open porches and decks may encroach ten feet into the front yard setback, and 16 feet into the rear yard setback;
(4) Fences, walls, and hedges, subject to the regulations as set forth in this section;
(5) Flagpoles and light poles;
(6) Garbage disposal equipment, non-permanent;
(7) Landscape features, planting boxes, mailboxes, and recreational equipment;
(8) Parking spaces subject to the regulations set forth in §§ 155.255 through 155.257;
(9) Signs, subject to the regulations set forth in §§ 155.270 through 155.280;
(10) Trees, shrubs, flowers, and other plants subject to the sight obstruction requirements in this section;
(11) Lots platted prior to adoption of this chapter may be developed without a variance for minimum lot width at the front building line if all other requirements are met;
(12) Buildings existing at the adoption of this chapter may, without a variance, be extended along existing exterior lines so long as setback requirements in the direction of the extension are met;
(13) Temporary, non-habitable buildings for uses incidental to construction work, immediately adjacent to the work and which shall be removed upon completion or abandonment of the work. Motor homes or campers are not permitted; and
(14) Lots having frontage on more than one street shall provide the required front yards along those streets.
(Ord. passed 2-3-2011, § 2.26.070)
§ 155.182 SIGHT TRIANGLES.
(A) Definitions. For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
PEDESTRIAN SIGHT TRIANGLE. The area of visibility to allow for the safe passage of a pedestrian.
SIGHT TRIANGLE. The area of visibility required on a corner to allow for the safe operation of vehicles, trains, pedestrians, and cyclists in the proximity of intersecting streets, rail lines, sidewalks, and bicycle paths.
SIGNALIZED INTERSECTION. An intersection with traffic controlled by an automated traffic signal.
STOP-CONTROLLED INTERSECTION. An intersection with traffic control stop signs. The intersections of alleys, private roads, and driveways are considered STOP-CONTROLLED INTERSECTIONS for the purpose of sight triangle requirements.
UNCONTROLLED INTERSECTION. An intersection with no traffic control signs including driveways.
YIELD CONTROLLED INTERSECTION. An intersection with traffic control yield signs.
(B) Restrictions.
(1) No obstructions to vision shall be allowed within the applicable sight triangle(s). Any object shall be deemed as an obstruction if it is located within any applicable sight triangle and the object is between two and one-half feet and ten feet above the edge of the roadway except in the C-1 Zoning District where the Public Works Director may waive these requirements.
(2) When more than one sight triangle applies to the same corner, all applicable sight triangle requirements must be satisfied.
(3) Setback requirements found elsewhere in this code shall not be decreased by this section.
(C) Point of measurement. All distance herein shall be measured from the curb or, where there is no curb, from the end of the pavement or gravel, unless otherwise specified.
(D) Uncontrolled intersections. Each uncontrolled intersection shall have a sight triangle of 70 feet on each leg except the intersection of two alleys may have a sight triangle of 25 feet on each leg.
(E) Stop-controlled intersections. Each stop-controlled intersection shall have a sight triangle based on the speed limits of the adjoining accessways. These distances are shown in the table in division (H)(1) below.
(F) Yield-controlled intersections. Each yield-controlled intersection shall have a sight triangle of 70 feet on each leg.
(G) Signalized intersections. Signalized intersections should be considered as stop-controlled for the purpose of sight triangle requirements.
(H) Pedestrian sight triangle.
(1) At intersecting sidewalks or bicycle paths, and at any intersection of a sidewalk or bicycle path with a street, alley, or driveway, a ten-foot pedestrian sight triangle shall be maintained. Pedestrian sight triangle legs are to be measured from the intersecting edges of sidewalks or bicycle paths, and the paved or unpaved edge of a street, alley, or driveway.
Operating Speed (mph) | 25 | 30 | 35 | 40 | 45 | 50 | |
Distance (feet) | Residential | 300 | 375 | 470 | 580 | 700 | 840 |
Commercial/Industrial | 490 | 645 | 820 | 1,020 | 1,340 | 1,710 | |
(2) Stop-controlled intersections shall be measured from 20 feet back of the intersecting street (curb line or edge of pavement) on the centerline of the drive lane to centerline of the drive lane in either direction.
(3) Modifications to these requirements may be made base on the current standards of the American Association of State Highway and Transportation Officials (AASHTO).
(I) Infrastructure design criteria. See the city’s infrastructure design criteria in §§ 155.075 through 155.080.
(Ord. passed 2-3-2011, § 2.26.080; Ord. passed 2-16-2017)
§ 155.183 HEIGHT EXCEPTIONS.
The following structures or parts thereof are exempt from the height limitations set forth in the zoning districts:
(A) Agricultural buildings: barn, silo, windmill, but not including dwellings;
(B) Chimneys, smokestacks, penthouse, spires, flagpoles, ventilators, skylights, derricks, conveyors, and cooling towers;
(C) Radio and television antennas and towers, observation towers, power transmission towers, and cellular communication towers;
(D) Water tanks and standpipes; and
(E) Other similar and necessary mechanical appurtenances pertaining to and necessary to the permitted uses of the districts in which they are located; provided that they are not used for human occupancy.
(Ord. passed 2-3-2011, § 2.26.090)