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Vader City Zoning Code

CHAPTER 27

28.- PERFORMANCE STANDARDS

Sec. 27.28.010.- Purpose.

Specific regulations, providing for the location of certain special and accessory uses in all use districts and providing supplementary controls for the protection of essential uses of said districts are contained herein.

(Ord. No. 2006-09, Exh. A, § 8.010, 12-20-2006)

Sec. 27.28.020. - Junk.

In no use district shall there be a collection of junk, scrap, unlicensed cars or parts of cars, parts and abandoned equipment, except where specific provisions are made concerning such items in a specific use district junkyards shall be surrounded by a sight-obscuring fence or planting which shall be at least six feet in height.

(Ord. No. 2006-09, Exh. A, § 8.020, 12-20-2006)

Sec. 27.28.030. - Fences, wall and plants.

(a)

Fences and walls, and hedges, shrubs, and similar plants shall not exceed a height of six feet along a property line, except were a greater height is needed to be sight-obscuring as required by this title.

(b)

Sight-obscuring fences, wall or plants not required by this title may be erected on a side and front lot within any front yard, but shall not exceed four feet in height.

(c)

Height limitations shall not be deemed to prohibit open-type wire-mesh fences of any height necessary for safety or security in conjunction with playgrounds, public utilities, and similar hazards to the public safety.

(Ord. No. 2006-09, Exh. A, § 8.030, 12-20-2006)

Sec. 27.28.040. - Lighting.

Artificial lighting on any lot, building, structure or parking area shall be oriented away from adjacent residential properties.

(Ord. No. 2006-09, Exh. A, § 8.040, 12-20-2006)

Sec. 27.28.050. - Public utilities.

Public utility buildings, telephone exchanges, sewage pumping stations, electrical distribution substations, and similar developments necessary for the operation of utilities shall comply with the following requirements:

(1)

If the installation is housed in a building, the building shall conform architecturally with surrounding buildings or the type of building that is likely to develop in the use districts;

(2)

Any unhoused installations on the ground, or housed installation that does not conform to the architectural requirements of subsection (1) of this section, shall be surrounded by a sight-obscuring planting;

(3)

An unhoused installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed by a wire fence at least eight feet in height;

(4)

All buildings, installations, and fences shall observe the yard requirements for buildings in the district in which they are located.

(Ord. No. 2006-09, Exh. A, § 8.050, 12-20-2006)

Sec. 27.28.060. - Churches, clubs and quasi-public buildings.

Churches, institutions, clubs and similar quasi-public use buildings in residential use districts shall cover not more than 35 percent of their lots. Side yards shall each be a minimum of ten feet. Off-street parking shall be required and meet the performance standard requirements of this title.

(Ord. No. 2006-09, Exh. A, § 8.060, 12-20-2006)

Sec. 27.28.070. - Home occupations permitted.

The following home occupations and other operations similar in nature may be operated as an accessory use to a dwelling unit:

(1)

Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and home furnishings;

(2)

Teaching of piano, voice, or dancing, limited to a total of six pupils simultaneously;

(3)

Fine arts studio in which are created only individual works of art;

(4)

Rooming and boarding of not more than four persons, exclusive of the resident family;

(5)

Beauty salon;

(6)

Office, staffed only by residents of the dwelling unit;

(7)

Funeral home.

(Ord. No. 2006-09, Exh. A, § 8.070, 12-20-2006)

Sec. 27.28.080. - Home occupations; criteria.

(a)

In order to grant any permit for a home occupation use, the council must find that the establishment, maintenance or operation of the home occupation use applied for will not, under the circumstances of the particular case, be significantly detrimental to the health, safety or general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to the property or improvements in the neighborhood or to the general welfare of the city.

(b)

In permitting a home occupation use, the council may impose, in addition to the regulations and standards herein, other conditions found necessary to protect the best interests of the surrounding properties, neighborhood or the city. These conditions may include, but are not limited to, requirements increasing the required lot size or yard dimensions, increasing street widths, upgrading existing streets, controlling the location and the number of vehicle access points to the property, increasing the number of off-street parking or loading spaces required, limiting the number of signs, limiting the coverage or height of buildings because of obstruction to views and reduction of light and air to adjacent properties, limiting or prohibiting openings in sides of buildings or structures, establishing screening and/or landscaping standards to reduce noise and glare and to maintain the property in a character in keeping with the surrounding area, and requirements under which any future enlargements or alterations of the use shall be reviewed by the city and new conditions imposed.

(c)

If a home occupation use is granted subject to certain conditions, such permit shall become void one year after approval, or after such greater or lesser time as may be specified as a condition of approval unless, within that time, the required building construction, alteration or enlargement has been commenced and diligently pursued, or if no such construction, alteration or enlargement is required, the permitted activity is being regularly conducted on the premises. The council may extend the permit for a period of one year.

(d)

When a home occupation use is granted subject to conditions, and such home occupation use ceases for a period of six consecutive months, or the property subject to the home occupation use is transferred or conveyed, then the property shall be limited to those uses permitted in that particular zoning district.

(e)

If the city is notified in writing of a violation of the permit authorizing the home occupation subject to conditions, then the city may notify the original applicant of the city's intent to hold a public hearing for the purpose of the city council determining whether to revoke the permit for violations of standards or conditions imposed. The applicant shall be given full opportunity to show just cause of any violations or show city error in any violation determination.

(Ord. No. 2006-09, Exh. A, § 8.080, 12-20-2006; Ord. No. 2012-01, § 8.080, 3-20-2012)

Sec. 27.28.090. - Signs.

Signs in any use district shall be limited as follows:

(1)

Identifying sign and/or bulletin board for a church, school, or other public or semipublic institution, not exceeding 32 square feet in area and located on the same lot with the use to which the sign refers;

(2)

Outdoor advertising signs and structures not exceeding 32 square feet pertaining only to a use conducted or a product sold on the immediate premises, and located only below the drip line of the roof on a building in which said use is conducted or said product is sold or on a permanent structure on the premises no higher than the drip line of the building's roof;

(3)

Billboards shall not be permitted.

(Ord. No. 2006-09, Exh. A, § 8.090, 12-20-2006)