Vandalia City Zoning Code
ARTICLE V
Miscellaneous Regulations
Section 405.220 Annexed Areas.
[R.O. 1991 § 405.220; Ord. No. 775 § III, 5-9-1995]
All territory which may be included within the zoning jurisdiction of the City shall be governed by and subject to the requirements of Residential District "R-1."
Section 405.230 Completion Of Existing Buildings.
[R.O. 1991 § 405.230; Ord. No. 775 § III, 5-9-1995]
Nothing herein contained shall affect any plans, construction, or designated use of a building actually under construction (meaning that a foundation has been completed), or having been previously constructed, at the time of the effective date of these regulations (May 9, 1995) and shall only apply to such building begun after May 9, 1995.
Section 405.240 Home Occupations.
[R.O. 1991 § 405.240; Ord. No. 775 § III, 5-9-1995]
B.
An occupation may be carried on in a residential structure in Districts "R-2" and "R-3" only when it:
1.
Does not require the use of an accessory building or yard space or an activity outside the main structure not normally associated with residential uses.
2.
Does not involve the display of goods and services.
3.
Does not violate any local, State, or Federal law or regulation.
4.
Does not generate noise, dust, odor, or any other nuisance to the neighborhood.
5.
Does not require regular pickups or deliveries by commercial vehicles over three-fourths (3/4) of a ton.
C.
Signs for home occupations shall not exceed four (4) square feet and must be attached to the structure.
Section 405.250 Lot Of Record.
[R.O. 1991 § 405.250; Ord. No. 775 § III, 5-9-1995]
On any lot of record in the Residential District, a one-family structure may be erected even though the lot be of less area or width than required by the regulations of the residential area in which the lot is located, provided all other area requirements are met.
Section 405.260 Non-Conforming Uses.
[R.O. 1991 § 405.260; Ord. No. 775 § III, 5-9-1995]
A.
Non-conforming uses of land or non-conforming uses of structures may be continued if the following are complied with:
1.
A non-conforming use of land shall not be changed unless changed to a conforming one.
2.
The area devoted to a non-conforming use of land cannot be extended beyond the lot area on which located.
3.
A non-conforming use of a structure may be changed to another use of the same, or more restrictive class, in the same zoning classification as the original use provided the Planning and Zoning Commission and Board of Aldermen finds that such change of use is compatible for the area as the original non-conforming one.
B.
A non-conforming structure may be enlarged with the approval of the Planning and Zoning Commission and approval of the Board of Aldermen, but in no event shall the enlargement of the structure be in violation of the existing area requirements for the zoning district in which the district is located.
C.
A non-conforming structure may not be rebuilt or reestablished if the structure is damaged in excess of two-thirds (2/3) of its fair market value immediately prior to damage.
D.
When a non-conforming use is a business, industry, or other enterprise, and such enterprise ceases to function for one hundred eighty (180) days, the subsequent use must conform to the requirements of the district in which the property is zoned.
E.
A use lawfully being made of a building on May 9, 1995, may be continued, although such use does not conform to the provisions of this Chapter. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or of a more restricted classification. Whenever a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
F.
Whenever the lawful use of a building becomes non-conforming through a change in this Chapter or change of district boundaries, such use may be continued; and if no structural alterations are made, it may be changed to another non-conforming use of the same or of a more restricted classification.
Section 405.270 Additional Use Regulations.
[R.O. 1991 § 405.270; Ord. No. 840 § I, 8-13-1996]
A.
In addition to the land uses authorized in this Chapter, other types of land uses may be permitted pursuant to a permit being obtained from the Mayor and Board of Aldermen, which may be subject to various restrictions and conditions.
B.
Such additional uses may be requested by submitting an application to the Planning and Zoning Commission for investigation, report and a recommendation as to the effect that such a proposal would have upon traffic in the area, fire hazards, the character of the neighborhood, and the general welfare of the community. After receiving a request for an additional use permit, City staff shall give notice of a public hearing by causing a notice to be published in the local newspaper of general circulation fifteen (15) days prior to a hearing held by the Planning and Zoning Commission. Following the public hearing, the Planning and Zoning Commission will provide a recommendation to the Mayor and Board of Aldermen as to whether such an additional use should be permitted.
C.
Upon receiving the recommendation from the Planning and Zoning Commission, the Mayor and Board of Aldermen shall provide for another public hearing, and after the hearing the Mayor and Board of Aldermen shall determine whether the additional use applied for will substantially increase traffic hazards, congestion, and increase fire hazards; adversely affect the character of the neighborhood and the general welfare of the community; or overtax public utilities, prior to either granting or denying the additional use permit.