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Tolono City Zoning Code

PRINCIPAL, ACCESSORY

AND TEMPORARY USES

§ 154.035 PRINCIPAL USE AND MIXED USE - RESTRICTIONS.

   (A)   Two or more principal structures are permitted on a lot for multi-family developments, institutional uses, and hotels or motels.
   (B)   For all other land uses, no more than one principal structure shall be established on one lot unless there is an approved planned development.
   (C)   Mixed use developments are only permitted in CB, CN, I-1 and PL districts.
   (D)   Accessory structures are permitted in all districts for all land uses and must adhere to the development standards for the district.
(Ord. 2020-O-3, passed 2-18-2020)

§ 154.036 RULES OF INTERPRETATION FOR USES.

   (A)   Unless otherwise noted, uses listed as permitted, provisional, or special uses can all be principal uses on a lot.
   (B)   If a use bears no resemblance to nay of the principal uses, such use shall be deemed to be prohibited use in all districts.
   (C)   No use listed in any district shall include other uses specifically listed elsewhere. The term "retail establishments" shall not be interpreted to include any of the other commercial uses specifically mentioned in the list of permitted uses.
   (D)   All uses are subject to performance standards, development standards, and design standards established for the district in which the use is permitted.
(Ord. 2020-O-3, passed 2-18-2020)

§ 154.037 ACCESSORY USE.

   An accessory use or structure shall be permitted, on the same lot as a principal use, provided that such use meets all of the following criteria:
   (A)   The use is related to the principal use.
   (B)    The use in incidental or subordinate of the principal use.
   (C)   The use is allowed as a permitted, provisional or special use in the district, or is a home occupation.
(Ord. 2020-O-3, passed 2-18-2020)

§ 154.038 STANDARDS FOR ACCESSORY USES.

   (A)   The accessory use shall be on the same lot as the principal use except for parking which meets the requirements of this chapter.
   (B)   An accessory use must accompany a legal conforming principal use.
   (C)   The accessory use shall not be established prior to the principal use.
   (D)   The area occupied by all accessory uses shall not exceed an area equal to 50% of the floor area occupied by the principal use.
   (E)   In no case shall a commercial operation be considered an accessory use to a single-family dwelling.
(Ord. 2020-O-3, passed 2-18-2020)

§ 154.039 REQUIREMENTS FOR HOME OCCUPATIONS.

   A home occupation shall be considered a permitted accessory use in each district in which a residential dwelling unit is permitted and shall be subject to the following limitations:
   (A)   There shall be no on-site employment or employment of persons not residing at the residence.
   (B)   A home occupation shall be conducted wholly within the principal building or an accessory structure.
   (C)   The appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character.
   (D)   The total gross floor area which is used primarily for the operation of the home occupation shall not exceed 25% of the gross floor area of the home.
   (E)   The storage of merchandise, supplies, or products for off-premises sales is permitted. For the purposes of this section, any products shipped or delivered to the ultimate consumer of the goods or merchandise shall be considered off-premises sales.
   (F)   No display of goods or services pertaining to such home occupations shall be visible from outside the building.
   (G)   No home occupation, nor any storage of goods, merchandise, supplies, products, materials, or equipment connected with a home occupation shall be allowed outdoors.
   (H)   No advertising sign, other than a non-illuminated sign, not exceeding one square foot in total face area shall be displayed in connection with the home occupation. No other on-site advertising visible from the exterior shall be used that informs the public of the home occupation.
   (I)   The home occupation shall not exceed the limitations imposed by the provisions of all applicable building, fire, health, safety, and housing codes and shall conform with all applicable requirements for business and occupational licensing.
   (J)   There shall be no noise, vibration, glare, heat smoke, dust, electromagnetic or electrical interference, or odor detectable beyond the confines of the subject property including transmittal through vertical or horizontal party walls.
   (K)   The owner of a home occupation shall not allow more than six clients or customers in a dwelling unit or on the premises during any period of 60 consecutive minutes.
   (L)   The owner of a home occupation shall not allow vehicular traffic associated with business to exceed two vehicles on the property at any one time and sufficient parking shall be provided on the same lot as the dwelling for all business customers.
   (M)   The owner of a home occupation shall prohibit pedestrian and vehicular traffic generated by clients or customers of a home occupation on the premise between 10:00 p.m. and 7:00 a.m.
   (N)   The owner of a home occupation shall not allow commercial deliveries related to the home occupation other than the U.S. Postal Service and private package and letter delivery services. Under no circumstances shall commercial deliveries by semi-trailer trucks be permitted.
   (O)   The owner of a home occupation shall limit the use of commercial vehicles in conjunction with a home occupation to one vehicle, not to exceed one ton maximum load weight and owned by the resident of the dwelling. Such vehicle must be parked in a garage or residential drive on site, and in accordance with provisions elsewhere in this chapter.
   (P)   If more than one home occupation is located within any single dwelling unit, the owner of each home occupation shall not all the combined impacts of the standards contained in this section with the exception that each home occupation may have one vehicle for commercial use provided it is the only vehicle used in conjunction with the home occupation.
   (Q)   When within the above requirements, a home occupation includes, but is not limited to the following:
      (1)   An art studio.
      (2)   A dressmaking shop.
      (3)   A professional office of a physician, dentist, lawyer, engineer, architect, accountant, salesman, real estate agent, insurance agent, or other similar professional occupation.
      (4)   Teaching, with musical instruction limited to one or two pupils at a time.
      (5)   A beauty salon.
(Ord. 2020-O-3, passed 2-18-2020)

§ 154.040 REQUIREMENTS FOR AUTOMATIC TELLER MACHINES AND DONATION BOXES.

   (A)   Automatic teller machines and donation boxes shall not be located within 50 feet of any lot line of a residential district.
   (B)   Automatic teller machines shall meet stacking requirements for drive-in uses found in §§ 154.185 through 154.190.
(Ord. 2020-O-3, passed 2-18-2020)

§ 154.041 REQUIREMENTS FOR NON-COMMERCIAL ANTENNAS, SATELLITE DISHES AND TOWERS.

   (A)   Freestanding noncommercial antennas, satellite dishes and towers must meet setback requirements for accessory structures.
   (B)   Towers must be setback from adjacent residential structures a distance equal to the height of the tower.
   (C)   Freestanding towers may not exceed 50 feet in height.
(Ord. 2020-O-3, passed 2-18-2020)

§ 154.042 TEMPORARY USES.

   A temporary use is established for a limited period of time with the intent to discontinue such use upon the expiration of such time. Temporary uses are subject to the time restrictions contained in this chapter. No temporary use shall involve the consideration or alteration of any permanent structure.
   (A)   Garage, rummage, yard and similar sales shall be permitted in residential districts subject to the following limitations:
      (1)   No such sale shall be of more than four days in duration and the collective total of all such sales shall not exceed four days in any calendar year.
      (2)   No goods purchased for resale may be offered for sale at the sale.
      (3)   Any directional or advertising signs for the sale shall be removed immediately upon closing of the sale.
      (4)   All directional and advertising signs placed off site shall have the permission of the owner of the property on which the sign is to be placed.
      (5)   No directional or advertising sign may be larger than two and one-half square feet.
   (B)   Home parties for the purposes of selling merchandise or taking orders are permitted provided that the party is by private invitation only and shall not be held more than four times in any calendar year and no more frequently than once every 30 days.
(Ord. 2020-O-3, passed 2-18-2020)