Vermilion City Zoning Code
CHAPTER 1270
District Regulations
1270.01 A-1 AGRICULTURAL DISTRICT.
(a) Intent. The Agricultural District is designed for use in those areas of the City in which land is primarily agricultural or undeveloped at the time of the adoption of this Zoning Code (Ordinance 66-103, passed December 19, 1966) or thereafter. The district regulations are intended to stabilize, protect and encourage the agricultural use of the land in appropriate areas, to provide for those uses which require large land areas and which are compatible with or supplement agriculture, to maintain lower residential densities in those areas less suited to urban development and to avoid the costly extension of public services to such areas.
(b) Permitted Uses.
(1) In an Agricultural District designated A-1, no land shall be used or occupied and no structure shall be designed, erected, altered or used except for either one or more of the following uses:
A. Farms and agriculture, providing all stables and manure piles are no less than 100 feet from any lot line.
B. Single-family residences.
C. Schools and other public uses.
D. Churches.
E. Roadside stands offering for sale products raised on the premises, provided that such stands shall be located no less than forty feet from the road right-of-way line.
F. Customary accessory uses.
(Ord. 66-103. Passed 12-19-66.)
(2) The following uses shall be deemed conditional uses in an A-1 District and shall be permitted as provided in Chapter 1264:
A. Cemeteries, including mausoleums and crematories, provided that any new cemetery shall contain an area of not less than ten acres.
B. Golf courses, except miniature courses and practice driving ranges operated for commercial purposes.
C. Country clubs, private clubs and grounds for games and sports, provided no mechanical amusement equipment is permitted which is normally incidental to a commercial use.
D. Swimming clubs and swimming pools.
E. Fishing lakes (commercial).
F. Fill dirt and topsoil removal.
(Ord. 75-27. Passed 5-5-75; Ord. 99-45. Passed 9-22-99.)
G. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses. Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(d) Building Height. No residential building shall exceed three and one-half stories or thirty-five feet in height. No other building shall exceed forty-five feet, except as otherwise provided in this Zoning Code.
(Ord. 66-103. Passed 12-19-66.)
(e) Lot Area, Frontage and Yard Requirements.
(1) Required lot area. Each dwelling, building or structure permitted herein shall be located on a lot having an area of 87,120 square feet, and the Planning Commission's authority shall apply.
(2) Lot frontage and width. Each lot in an A-1 District shall contain a frontage and a width of not less than 150 feet.
(3) Yards required. Yards of the following minimum depth or width shall be required in an A-1 District:
A. Front yard. The depth of the front yard shall be not less than seventy-five feet.
B. Rear yard. A rear yard of not less than ninety feet in depth shall be provided on each lot.
C. Side yards. Each lot or parcel of land shall be provided with two side yards, neither of which shall be less than twenty-five feet in width and the sum of both of which shall be not less than sixty feet in width. (Ord. 89-35. Passed 7-17-89.)
(f) Permitted Signs. The provisions of Chapter 1274 shall be in force and effect in the A-1 Agricultural District.
(Ord. 66-103. Passed 12-19-66.)
(g) Supplemental Regulations.
(1) Living area. The living area of a dwelling unit (DU) for determining space standards means the total floor area, measured at the outside enclosing wall of the dwelling, exclusive of any basement, garage, breezeway, storage areas (external to livable area), or any type of porch or balcony. It shall include such areas as may be located on upper floors and which are directly connected to the livable ground floor area by a permanent stairway. For one and two-family dwellings, the livable area shall be measured from the exterior face of the enclosing walls and from the center of the common walls.
Dwelling Unit Type | Livable Area (sq. ft. per DU) | |
Single Floor | Multi-Floor | |
Single-family dwelling | 1,200 | 1,600 |
(2) Garages. All residences shall include an enclosed garage (either attached or detached) of not less than 200 square feet in area and ten feet in width.
(Ord. 90-52. Passed 11-19-90.)
(3) Driveways. Driveways shall be hard-surfaced with a minimum width of ten feet extending from the garage entrance to the street. Any driveway that travels through the City right-of-way shall do so within the boundary lines of the property it serves.
(Ord. 2011-83. Passed 11-21-11; Ord. 2020-35. Passed 10-26-20.)
(4) Architectural design. In subdivisions, no residence shall be constructed or placed on any sublot having substantially the same exterior appearance as the residence constructed on either sublot adjacent thereto as determined by the Chief Building Inspector.
(5) Enforcement. Regulations contained in this section shall be enforceable in all A-1 Districts, whether in existing subdivisions or elsewhere, from and after the date of this subsection.
(Ord. 90-52. Passed 11-19-90.)
1270.02 R-1 ESTATE RESIDENCE DISTRICT.
(a) Intent. The Estate Residence District is created specifically for use in those areas in which there are, at the time of the enactment of this Zoning Code (Ordinance 66-103, passed December 19, 1966) or thereafter, residences located upon larger than average sized lots, and for use in those portions of the City in which it is desired to create areas of low residential density. The District is created in accordance with the philosophy that the provision and protection of such areas, as well as those of smaller lot size, are necessary to preserve the variety of cultural and living habits which our free society affords and thus are necessary to the general welfare of the public. Lot sizes, permitted uses and other regulations hereinafter set forth are considered reasonable and just for use in this District.
(b) Permitted Uses.
(1) In an Estate Residence District, no land or building shall be used or changed in use and no building shall be located or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
A. Farms and agriculture, providing all stables and manure piles are not less than 100 feet from any lot line.
B. Single-family residences.
C. Schools and other public uses.
D. Churches.
E. Roadside stands offering for sale products raised on the premises, provided that such stands shall be located no less than forty feet from the road right-of-way line.
F. Customary accessory uses.
(Ord. 66-103. Passed 12-19-66.)
(2) The following uses shall be deemed conditional uses in an R-1 District and shall be permitted as provided in Chapter 1264:
A. Cemeteries, including mausoleums and crematories, provided that any new cemetery shall contain an area of not less than ten acres.
B. Golf courses, except miniature courses and practice driving ranges operated for commercial purposes.
C. Country clubs, private clubs and grounds for games and sports, provided no mechanical amusement equipment is permitted which is normally incidental to a commercial use.
D. Institutional uses.
E. Cluster subdivisions as provided in Chapter 1278.
(Ord. 75-27. Passed 5-5-75; Ord. 99-45. Passed 9-22-99.)
F. Wireless telecommunications towers and related telecommunications facilities.
(Ord. 99-46. Passed 9-22-99.)
(c) Prohibited Uses.
(1) Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(2) No building or structure, except a principle residence, shall be built or erected on any vacant lot within the district.
(Ord. 2009-51. Passed 7-27-09.)
(3) A storage unit facility used or intended for storage of personal property other than property of the current lawful residents or owners of the principal residences thereon.
(Ord. 2022-5. Passed 11-21-22.)
(d) Building Height. No residential building or structure shall exceed two and one-half stories or thirty-five feet in height, except as otherwise provided in this Zoning Code.
(e) Lot Area, Width and Yard Requirements.
(1) Lot area. Each dwelling, building or structure in an R-1 District shall be located on a lot having an area of not less than one acre.
(2) Lot width. Each lot in an R-1 District shall contain a width of not less than 120 feet.
(3) Yards. Yards of the following depths or widths shall be provided in an R-1 District:
A. Front yard. The depth of the front yard shall be not less than fifty feet measured from the road right-of-way line.
B. Rear yard. A rear yard of not less than sixty feet in depth shall be provided.
C. Side yards. Each lot or parcel of land shall be provided with two side yards, the sum of which shall be not less than forty feet in width and neither of which shall be less than twenty feet.
(f) Permitted Signs. The provisions of Chapter 1274 shall be in force and effect in the R-1 District.
(g) Off-Street Parking Requirements. The provisions of Chapter 1276 shall be in force and effect in the R-1 District.
(h) Density Limitation. The residential density shall not exceed 1.0 families per acre, excluding any street right of way.
(Ord. 66-103. Passed 12-19-66.)
(i) Supplemental Regulations.
(1) Living area. The living area of a dwelling unit (DU) for determining space standards means the total floor area, measured at the outside enclosing wall of the dwelling, exclusive of any basement, garage, breezeway, storage areas (external to livable area), or any type of porch or balcony. It shall include such areas as may be located on upper floors and which are directly connected to the livable ground floor area by a permanent stairway. For one and two-family dwellings, the livable area shall be measured from the exterior face of the enclosing walls and from the center of the common walls.
Dwelling Unit Type | Livable Area (sq. ft. per DU) | |
Single Floor | Multi-Floor | |
Single-family dwelling | 1,200 | 1,600 |
(2) Garages. All residences shall include an enclosed garage (either attached or detached) of not less than 200 square feet in area and ten feet in width.
(Ord. 90-52. Passed 11-19-90.)
(3) Driveways. Driveways shall be hard-surfaced with a minimum width of ten feet extending from the garage entrance to the street. Any driveway that travels through the City right-of-way shall do so within the boundary lines of the property it serves.
(Ord. 2011-83. Passed 11-21-11; Ord. 2020-35. Passed 10-26-20.)
(4) Architectural design. In subdivisions, no residence shall be constructed or placed on any sublot having substantially the same exterior appearance as the residence constructed on either sublot adjacent thereto as determined by the Chief Building Inspector.
(5) Enforcement. Regulations contained in this section shall be enforceable in all R-1 Districts, whether in existing subdivisions or elsewhere, from and after the date of this subsection.
(Ord. 90-52. Passed 11-19-90.)
1270.03 R-2 RURAL RESIDENCE DISTRICT.
(a) Intent. It is the intent of the City, in the creation of the R-2 District, to provide for areas of low residential density and to stabilize and protect those areas where such low residential densities exist. Cluster subdivisions are permitted in this District for use where it is desired to avoid the expense of large lot development and to preserve natural open space and low population density.
(b) Permitted Uses.
(1) In an R-2 Rural Residence District, no land shall be used or occupied and no structure shall be designed, erected, altered or used, except for one or more of the following uses:
A. Single-family residences.
B. Schools and other public uses.
C. Churches.
D. Customary accessory uses.
(2) The following uses shall be deemed conditional uses in an R-2 District and shall be permitted as provided in Chapter 1264:
A. Cluster subdivisions as provided in Chapter 1278.
B. Institutional uses.
C. Agriculture, providing all stables and manure piles are no less than 100 feet from any lot line.
(Ord. 66-103. Passed 12-19-66; Ord. 99-45. Passed 9-22-99.)
D. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses.
(1) Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(2) No building or structure, except a principle residence, shall be built or erected on any vacant lot within the district.
(Ord. 2009-51. Passed 7-27-09.)
(3) A storage unit facility used or intended for storage of personal property other than property of the current lawful residents or owners of the principal residences thereon.
(Ord. 2022-5. Passed 11-21-22.)
(d) Building Height. No building or structure in an R-2 District shall exceed thirty feet in height except as otherwise provided in this Zoning Code.
(e) Lot Area, Width and Yard Requirements.
(1) Lot area. Each dwelling, building or structure in an R-2 District shall be located on a lot having an area of not less than 16,200 square feet.
(2) Lot width. Each lot in an R-2 District shall contain a width of not less than ninety feet.
(3) Yards. Yards of the following minimum depths or widths shall be provided in an R-2 District:
A. Front yard. The depth of the front yard shall be not less than forty feet.
B. Rear yard. A rear yard of fifty feet in depth shall be provided.
C. Side yards. Each lot or parcel of land shall be provided with two side yards, the sum of which shall be not less than eighteen feet in width and neither of which shall be less than eight feet.
(f) Permitted Signs. The provisions of Chapter 1274 shall be in force and effect in the R-2 District.
(g) Off-Street Parking Requirements. The provisions of Chapter 1276 shall be in force and effect in the R-2 District.
(h) Density Limitation. The residential density shall not exceed 2.3 families per acre, excluding any street right of way.
(Ord. 66-103. Passed 12-19-66.)
(i) Supplemental Regulations.
(1) Living area. The living area of a dwelling unit (DU) for determining space standards means the total floor area, measured at the outside enclosing wall of the dwelling, exclusive of any basement, garage, breezeway, storage areas (external to livable area), or any type of porch or balcony. It shall include such areas as may be located on upper floors and which are directly connected to the livable ground floor area by a permanent stairway. For one and two-family dwellings, the livable area shall be measured from the exterior face of the enclosing walls and from the center of the common walls.
Dwelling Unit Type | Livable Area (sq. ft. per DU) | |
Single Floor | Multi-Floor | |
Single-family dwelling | 1,200 | 1,600 |
(2) Garages. All residences shall include an enclosed garage (either attached or detached) of not less than 200 square feet in area and ten feet in width.
(Ord. 90-52. Passed 11-19-90.)
(3) Driveways. Driveways shall be hard-surfaced with a minimum width of ten feet extending from the garage entrance to the street. Any driveway that travels through the City right-of-way shall do so within the boundary lines of the property it serves.
(Ord. 2011-83. Passed 11-21-11; Ord. 2020-35. Passed 10-26-20.)
(4) Architectural design. In subdivisions, no residence shall be constructed or placed on any sublot having substantially the same exterior appearance as the residence constructed on either sublot adjacent thereto as determined by the Chief Building Inspector.
(5) Enforcement. Regulations contained in this section shall be enforceable in all R-2 Districts, whether in existing subdivisions or elsewhere, from and after the date of this subsection.
(Ord. 90-52. Passed 11-19-90.)
1270.04 R-3 SUBURBAN RESIDENCE DISTRICT.
(a) Intent. It is the intent of the City, in the creation of the R-3 Suburban Residence District, to provide for areas of medium residential density where such areas exist at the time of the enactment of this Zoning Code (Ordinance 66-103, passed December 19, 1966) and where such areas may be desired thereafter. Cluster subdivisions, subject to Chapter 1278, are a permitted use in this District.
(b) Permitted Uses.
(1) In an R-3 Suburban Residence District, no land shall be used or occupied and no structure shall be designed, erected, altered or used except for either one or several of the following uses:
A. Single-family residences.
B. Schools and other public uses.
C. Churches.
D. Customary accessory uses.
(2) The following uses shall be deemed conditional uses in an R-3 District and shall be permitted as provided in Chapter 1264:
A. Cluster subdivisions, as provided in Chapter 1278.
B. Institutional uses.
C. Golf courses, except miniature courses and practice driving ranges operated for commercial purposes.
D. Agriculture, providing all stables and manure piles are not less than 100 feet from any lot line.
(Ord. 66-103. Passed 12-19-66; Ord. 99-45. Passed 9-22-99.)
E. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses.
(1) Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(2) No building or structure, except a principle residence, shall be built or erected on any vacant lot within the district.
(Ord. 2009-51. Passed 7-27-09.)
(3) A storage unit facility used or intended for storage of personal property other than property of the current lawful residents or owners of the principal residences thereon.
(Ord. 2022-5. Passed 11-21-22.)
(d) Building Height. No building or structure in an R-3 District shall exceed thirty feet in height except as otherwise provided in this Zoning Code.
(e) Lot Area, Width and Yard Requirements.
(1) Lot area. Each dwelling, building or structure permitted herein shall be located on a lot having an area of not less than 11,250 square feet.
(2) Lot width. Each lot in an R-3 District shall contain a width of not less than seventy-five feet.
(3) Yards. Yards of the following minimum depths or widths shall be provided in an R-3 District:
A. Front yard. The depth of the front yard shall be not less than thirty feet measured from the right-of-way line of the road.
B. Rear yard. A rear yard of not less than forty feet in depth shall be provided.
C. Side yard. Each lot or parcel of land shall be provided with two side yards, the sum of which shall be not less than sixteen feet in width and neither of which shall be less than eight feet.
(f) Permitted Signs. The provisions of Chapter 1274 shall be in force and effect in the R-3 District.
(g) Off-Street Parking Requirements. The provisions of Chapter 1276 shall be in force and effect in the R-3 District.
(h) Density Limitation. The residential density shall not exceed 3.2 families per acre excluding street right of way.
(Ord. 66-103. Passed 12-19-66.)
(i) Supplemental Regulations.
(1) Living area. The living area of a dwelling unit (DU) for determining space standards means the total floor area, measured at the outside enclosing wall of the dwelling, exclusive of any basement, garage, breezeway, storage areas (external to livable area), or any type of porch or balcony. It shall include such areas as may be located on upper floors and which are directly connected to the livable ground floor area by a permanent stairway. For one and two-family dwellings, the livable area shall be measured from the exterior face of the enclosing walls and from the center of the common walls.
Dwelling Unit Type | Livable Area (sq. ft. per DU) | |
Single Floor | Multi-Floor | |
Single-family dwelling | 1,200 | 1,600 |
(2) Garages. All residences shall include an enclosed garage (either attached or detached) of not less than 200 square feet in area and ten feet in width.
(Ord. 90-52. Passed 11-19-90.)
(3) Driveways. Driveways shall be hard-surfaced with a minimum width of ten feet extending from the garage entrance to the street. Any driveway that travels through the City right-of-way shall do so within the boundary lines of the property it serves.
(Ord. 2011-83. Passed 11-21-11; Ord. 2020-35. Passed 10-26-20.)
(4) Architectural design. In subdivisions, no residence shall be constructed or placed on any sublot having substantially the same exterior appearance as the residence constructed on either sublot adjacent thereto as determined by the Chief Building Inspector.
(5) Enforcement. Regulations contained in this section shall be enforceable in all R-3 Districts, whether in existing subdivisions or elsewhere, from and after the date of this subsection.
(Ord. 90-52. Passed 11-19-90.)
1270.05 R-4 URBAN RESIDENCE DISTRICT.
(a) Intent. It is the intent of the City, in the creation of the R-4 Urban Residence District, to provide for high density single-family areas, where such exist at the time of the enactment of this Zoning Code (Ordinance 66-103, passed December 19, 1966), and where they may be desired thereafter. Cluster subdivisions are a permitted, conditional use in this District, subject to the provisions of Chapter 1278.
(b) Permitted Uses.
(1) In an R-4 District, no building or land shall be used or changed in use, and no building shall be located, erected or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
A. Single-family residences.
B. Schools and other public uses.
C. Churches.
D. Customary accessory uses.
(2) The following uses shall be deemed conditional uses in an R-4 District and shall be permitted as provided in Chapter 1264:
A. Cluster subdivisions, as provided in Chapter 1278.
B. Golf courses, except miniature courses and practice driving ranges operated for commercial purposes.
C. Institutional uses.
D. Agriculture, provided all stables and manure piles are no less than 100 feet from any lot line.
(Ord. 66-103. Passed 12-19-66; Ord. 99-45. Passed 9-22-99.)
E. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses.
(1) Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(2) No building or structure, except a principle residence, shall be built or erected on any vacant lot within the district.
(Ord. 2009-51. Passed 7-27-09.)
(3) A storage unit facility used or intended for storage of personal property other than property of the current lawful residents or owners of the principal residences thereon.
(Ord. 2022-5. Passed 11-21-22.)
(d) Building Height. No building or structure in an R-4 District shall exceed thirty feet in height except as otherwise provided in this Zoning Code.
(e) Lot Area, Width and Yard Requirements.
(1) Lot area. Each dwelling, building or structure permitted herein shall be located on a lot having an area of not less than 9,100 square feet.
(2) Lot width. Each lot in an R-4 District shall contain a width of not less than seventy feet.
(3) Yards. Yards of the following depths or widths shall be provided in an R-4 District:
A. Front yard. The depth of the front yard shall be not less than thirty feet measured from the right-of-way line of the road.
B. Rear yard. A rear yard of forty feet in depth shall be provided.
C. Side yard. Each lot or parcel of land shall be provided with two side yards, the sum of which shall be not less than sixteen feet in width and neither of which shall be less than eight feet.
(f) Permitted Signs. The provisions of Chapter 1274 shall be in force and effect in the R-4 District.
(g) Off-Street Parking Requirements. The provisions of Chapter 1276 shall be in force and effect in the R-4 District.
(h) Density Limitation. The residential density shall not exceed 3.9 families per acre excluding street rights of way. (Ord. 66-103. Passed 12-19-66.)
(i) Supplemental Regulations.
(1) Living area. The living area of a dwelling unit (DU) for determining space standards means the total floor area, measured at the outside enclosing wall of the dwelling, exclusive of any basement, garage, breezeway, storage areas (external to livable area), or any type of porch or balcony. It shall include such areas as may be located on upper floors and which are directly connected to the livable ground floor area by a permanent stairway. For one and two-family dwellings, the livable area shall be measured from the exterior face of the enclosing walls and from the center of the common walls.
Dwelling Unit Type | Livable Area (sq. ft. per DU) | |
Single Floor | Multi-Floor | |
Single-family dwelling | 1,200 | 1,600 |
(2) Garages. All residences shall include an enclosed garage (either attached or detached) of not less than 200 square feet in area and ten feet in width.
(Ord. 90-52. Passed 11-19-90.)
(3) Driveways. Driveways shall be hard-surfaced with a minimum width of ten feet extending from the garage entrance to the street. Any driveway that travels through the City right-of-way shall do so within the boundary lines of the property it serves.
(Ord. 2011-83. Passed 11-21-11; Ord. 2020-35. Passed 10-26-20.)
(4) Architectural design. In subdivisions, no residence shall be constructed or placed on any sublot having substantially the same exterior appearance as the residence constructed on either sublot adjacent thereto as determined by the Chief Building Inspector.
(5) Enforcement. Regulations contained in this section shall be enforceable in all R-4 Districts, whether in existing subdivisions or elsewhere, from and after the date of this subsection.
(Ord. 90-52. Passed 11-19-90.)
1270.06 R-4a TWO-FAMILY URBAN RESIDENCE DISTRICT.
(a) Intent. It is the intent of the City, in the creation of the R-4a Two-Family Urban Residence District, to provide for areas of high density similar to the R-4 District, with the provision for two-family residence areas where two-family dwellings now exist or may be desired in the future. Cluster subdivisions are a permitted, conditional use in this District.
(b) Permitted Uses.
(1) In an R-4a District, no building or land shall be used or changed in use, and no building shall be located, erected or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
A. Single-family residences.
B. Two-family residences.
C. Schools and other public uses.
D. Churches.
E. Customary accessory uses.
(2) The following uses shall be deemed conditional uses in an R-4a District and shall be permitted as provided in Chapter 1264:
A. Cluster subdivisions, as provided in Chapter 1278.
B. Golf courses, except miniature courses and practice driving ranges operated for commercial purposes.
C. Institutions.
(Ord. 66-103. Passed 12-19-66; Ord. 99-45. Passed 9-22-99.)
D. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses.
(1) Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(2) No building or structure, except a principle residence, shall be built or erected on any vacant lot within the district.
(Ord. 2009-51. Passed 7-27-09.)
(3) A storage unit facility used or intended for storage of personal property other than property of the current lawful residents or owners of the principal residences thereon.
(Ord. 2022-5. Passed 11-21-22.)
(d) Building Height. No building or structure in an R-4a District shall exceed thirty feet in height except as otherwise provided in this Zoning Code.
(e) Lot Area, Width and Yard Requirements.
(1) Lot area and width.
A. Each single-family dwelling or other building permitted herein shall be located on a lot having an area of not less than 9,100 square feet and a width of not less than seventy feet.
B. Each two-family dwelling permitted herein shall be located on a lot having an area of not less than 16,900 square feet and a width of not less than eighty-five feet.
(2) Yards. Yards of the following minimum depths shall be provided for all lots in an R-4a District, unless otherwise permitted by this Zoning Code:
A. Front and rear yards. Each single-family residence shall have a front yard of not less than thirty feet and a rear yard of not less than forty feet. Each two-family residence shall have a front yard of not less than thirty-five feet and a rear yard of not less than thirty-five feet.
B. Side yards. Each lot or parcel of land occupied by a single-family residence shall be provided with two side yards, the sum of which shall be not less than sixteen feet in width and neither of which shall be less than eight feet. Each lot or parcel of land occupied by a two-family residence shall be provided with two side yards, the sum of which shall be not less than thirty-five feet in width and neither of which shall be less than fifteen feet.
(f) Permitted Signs. The provisions of Chapter 1274 shall be in force and effect in the R-4a District.
(g) Off-Street Parking and Loading Requirements. The provisions of Chapter 1276 shall be in force and effect in the R-4a District.
(h) Density Limitation. The residential density shall not exceed 3.9 families per acre excluding street rights of way.
(Ord. 66-103. Passed 12-19-66.)
(i) Supplemental Regulations.
(1) Living area. The living area of a dwelling unit (DU) for determining space standards means the total floor area, measured at the outside enclosing wall of the dwelling, exclusive of any basement, garage, breezeway, storage areas (external to livable area), or any type of porch or balcony. It shall include such areas as may be located on upper floors and which are directly connected to the livable ground floor area by permanent stairway. For one and two-family dwellings, the livable area shall be measured from the exterior face of the enclosing walls and from the center of the common walls.
Dwelling Unit Type | Livable Area (sq. ft. per DU) | |
Single Floor | Multi-floor | |
Single-family dwelling | 1,200 | 1,600 |
Two-family dwelling | 1,000 per DU | 1,400 per DU |
(2) Garages. All residences and dwelling units shall include an enclosed garage (either attached or detached) of not less than 200 square feet in area and ten feet in width. (Ord. 90-52. Passed 11-19-90.)
(3) Driveways. Driveways shall be hard-surfaced with a minimum width of ten feet extending from the garage entrance to the street. Any driveway that travels through the City right-of-way shall do so within the boundary lines of the property it serves.
(Ord. 2011-83. Passed 11-21-11; Ord. 2020-35. Passed 10-26-20.)
(4) Architectural design. In subdivisions, no residence shall be constructed or placed on any sublot having substantially the same exterior appearance as the residence constructed on either sublot adjacent thereto as determined by the Chief Building Inspector.
(5) Enforcement. Regulations contained in this section shall be enforceable in all R-4a Districts, whether in existing subdivisions or elsewhere, from and after the date of this subsection.
(Ord. 90-52. Passed 11-19-90.)
1270.07 R-5 APARTMENT RESIDENCE DISTRICT.
(a) Intent. It is the intent of the City, in the creation of the R-5 District, to provide a set of reasonable standards for the development of apartments; to provide for a variety of housing types in suitable locations which take advantage of the best sites within the community; to establish a density of population most appropriate to an anticipated community growth pattern; to provide adequate open space between buildings; to provide off-street parking adequate in amount and conveniently located; and to otherwise create housing conditions considered both desirable and feasible.
(b) Permitted Uses.
(1) In an R-5 District no buildings or land shall be used or changed in use, and no building shall be located, erected or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
A. Two-family duplex (units side by side).
B. Two-family duplex (units up and down).
C. Multiple-family dwellings.
D. Schools and other public uses.
E. Churches.
F. Customary accessory use or structure clearly incidental to the principal use which does not include any activity conducted as a business.
(2) In an R-5 District the following uses shall be classed as conditionally permitted uses and may be permitted by the Board of Zoning Appeals subject to the general conditions set forth in Chapter 1264 and the following specific conditions:
A. Cluster subdivisions as provided in Chapter 1278.
B. Swimming pools.
C. Institutions. The principal building and/or activity area shall be located not less than fifty feet from any other lot in any R-5 District.
(Ord. 70-6. Passed 2-4-70; Ord. 99-45. Passed 9-22-99.)
D. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses.
(1) Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(2) No building or structure, except a principle residence, shall be built or erected on any vacant lot within the district.
(Ord. 2009-51. Passed 7-27-09.)
(3) A storage unit facility used or intended for storage of personal property other than property of the current lawful residents or owners of the principal residences thereon.
(Ord. 2022-5. Passed 11-21-22.)
(d) Development Standards.
(1) Building height. No principal or accessory building or structure shall hereafter be erected or structurally altered to a height exceeding forty five feet or four stories in height measured from grade to the ridge of the roof.
(2) Floor area.
A. Basic housekeeping unit. Each basic housekeeping unit shall contain a minimum of 800 square feet. A maximum of .214 square feet of floor area shall be permitted for each square foot of land area.
B. Efficiency housekeeping unit. Each efficiency housekeeping unit shall contain a minimum of 700 square feet. A maximum of .192 square feet of floor area shall be permitted for each square foot of land area.
C. Measurement. "Floor area" is the sum of the areas for residential use on the several floors of a building or buildings measured from the faces of the exterior walls.
The floor area includes:
Halls, lobbies, stairways and elevator shafts.
Basements or lowest story to extent used for residential use.
Enclosed balconies and porches.
The floor area does not include:
Any terrace, patio, atrium, porch or balcony which is not covered.
Any area for special purpose for common use of all occupants, such as recreation, library or infirmary.
Any garage or carport.
Any area used for major mechanical equipment.
D. Land area. "Land area" is the site area for residential use within the property lines plus half of any abutting alley or street right of way.
(3) Open space.
A. Basic housekeeping unit. At least 3.6 square feet of lot area per one square foot of floor area shall be open space.
B. Efficiency housekeeping unit. At least 4.0 square feet of lot area per one square foot of floor area shall be open space.
C. Measurement. "Open space" is the total horizontal area of all uncovered open space and one-half of all covered open space. Covered open space is exterior space that is open on its sides to weather, but not open above to the sky.
(4) Lot area and width. Any land development for an R-5 District shall contain a minimum lot area of five acres with a width of not less than 300 feet at the building line.
(5) Yards.
A. Front yards. Each lot shall have a minimum front yard of not less than fifty feet along each major traffic street (arterial highway, expressway or collection road) or not less than twenty-five feet from the street line along each minor street.
B. Side and rear yards. Each lot shall have side yards and rear yards of not less than forty feet. On a corner lot the street side yard shall equal the required front yard for the lots facing that street. The rear yard of a double frontage lot shall meet the front yard dimensional requirements.
C. Buffer yards. No building shall be located closer than seventy-five feet from each side or rear property line which adjoins an existing single-family residence or along any residential district line.
(6) Building orientation. Facing walls are walls opposite to and parallel with one another and wall lines at wall lines extended of opposite walls intersecting at angles of less than sixty-five degrees. The minimum horizontal distance between facing walls of any two buildings on one lot, or between facing walls in any one building, shall be as follows:
A. Where two facing walls both contain a window or windows, seventy-five feet;
B. Where only one facing wall contains a window or windows, fifty feet;
C. Where neither facing wall contains a window or windows, twenty-five feet;
D. Between corners of two buildings where the exterior wall of one building lies in such a way that it can be intersected by a line drawn perpendicular to any exterior wall of other buildings, other than by a line that results from parallel walls, twenty-five feet.
(7) Parking.
A. Number of spaces. Two parking spaces shall be provided for each dwelling unit.
B. Location of parking spaces. The parking spaces required shall be provided on the same lot served.
C. Design standards. The minimum dimensions of stalls and aisles shall be as follows:
No less than twenty feet of open space shall be provided between the curb line of any parking area and the outside wall of the building. Parking lot dimensions shall be no less than those listed in the following table:
Feet | Aisle Width | |||
Angle of Parking (Degrees) | Parking Width | Stall Depth | One-Way | Two-Way |
90 | 10 | 20 | 20 | 24 |
60 | 10 | 21 | 18 | 21 |
45 | 10 | 20 | 15 | 18 |
30 | 10 | 22 | 12 | 15 |
Parallel | 8 | 22 | 12 | 18 |
All dead-end parking lots shall be designed to provide sufficient back-up area for the end stalls of the parking area.
Parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of the motor vehicles.
The width of entrance and exit drives shall be a minimum of twelve feet for one-way use only, a minimum of twenty feet for two-way use, and a maximum of twenty-four feet at the street line.
Setbacks for parking areas shall be provided as follows:
All parking spaces and access drives shall be at least twenty feet from any multiple dwelling building on the lot.
All parking spaces and access drives shall be at least five feet from any exterior lot line.
Except at entrance and exit drives, areas shall be physically separated from any public street by a minimum five foot planting strip. In no case shall parking areas be designed to require or encourage cars to back into a public street in order to leave the lot.
No one area for off-street parking of motor vehicles shall exceed thirty-six cars in capacity. Separate parking areas on a parcel shall be physically separated from one another by eight foot planting strips.
A structure or planting material shall be provided of sufficient height and density to screen off-street parking lots from public street view and from adjoining residential districts. Such screening treatment shall conform to the requirements of all applicable City ordinances and to such reasonable conditions as may be required by the Planning Commission. (Ord. 70-6. Passed 2-4-70.)
(8) Drainage, surfacing and maintenance standards. The area of the lot not landscaped and so maintained, including driveways, shall be graded, hard-surfaced, and drained to the satisfaction of the City Engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property. Parking areas shall be kept clean and free from rubbish or debris. (Ord. 2011-83. Passed 11-21-11.)
(e) Permitted Signs. The provisions of Chapter 1274 shall be in full force and effect in the R-5 District. (Ord. 70-6. Passed 2-4-70.)
(f) Density Limitation. The net residential density in this District shall not exceed six dwelling units per acre. (Ord. 2012-19. Passed 4-16-12.)
1270.08 R-6 SPECIAL FAMILY RESIDENCE DISTRICT.
(a) Intent.
(1) It is the intent of the City, in the creation of the R-6 Special Family Residence District, to provide for areas of medium residential density to be developed with townhouses, three-family dwellings and four-family dwellings, where such areas may be considered both desirable and feasible.
(2) The physical development criteria required herein are based upon those conditions deemed reasonable and necessary to:
A. Allow a maximum flexibility in development while maintaining an appropriate land use intensity;
B. Provide adequate and suitably located off-street parking areas;
C. Encourage more creative site design and efficient use of the land through varied lot sizes, building setbacks and yard areas;
D. Encourage the preservation and conservation of the natural geological features, topographic amenities and corresponding drainage patterns, and the native vegetation, thus reducing grading, drainage and related site preparation and construction work, while retaining the natural beauty of the site;
E. Permit the clustering of the dwellings around cul-de-sacs, and loop streets, common livable open spaces, recreation areas, and plazas, necessitating fewer and shorter streets and utility lines, resulting in lower per unit costs than is generally derived through conventional developments;
F. Provide and maintain readily accessible outdoor recreation areas and both private and common livable open spaces for the use and enjoyment of the residents;
G. Separate vehicular and pedestrian circulation systems; and
H. Otherwise create desirable housing conditions within such medium density multifamily developments.
(b) Permitted Uses.
(1) In an R-6 District, no building structure or land shall be located, erected or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
A. Townhouse dwellings.
B. Three-family dwellings.
C. Four-family dwellings.
D. Single-family dwellings according to Chapter 1278.
E. Schools and other public uses.
F. Churches.
(2) Within the R-6 District, the following uses shall be classed as conditionally permitted uses, and may be permitted by the Planning Commission upon the issuance of a conditional zoning certificate, subject to the conditions established by the Commission for such uses:
A. Private swimming pools operated for the benefit of the residents of the development.
B. Private parks and recreation fields, picnic grounds, playground and tot lots, recreational and community center buildings and grounds, golf courses, country clubs, tennis courts and similar public and private recreational uses all of a noncommercial nature.
C. Conditional commercial as specified when 100 acres or more are under development.
1. Banks (branch offices).
2. Barber and beauty shops.
3. Branch libraries.
4. Cleaners and laundries (collection and distribution only).
5. Delicatessens.
6. Dairy products stores (no bottling or drive-in only).
7. Drug stores.
8. Florists.
9. Doctor and dentist offices.
(Ord. 74-58. Passed 6-17-74.)
D. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses.
(1) Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(2) No building or structure, except a principle residence, shall be built or erected on any vacant lot within the district.
(Ord. 2009-51. Passed 7-27-09.)
(3) A storage unit facility used or intended for storage of personal property other than property of the current lawful residents or owners of the principal residences thereon.
(Ord. 2022-5. Passed 11-21-22.)
(d) Maximum Density. The gross residential density for developments within the R-6 District shall not exceed six dwelling units per gross acre of land, excluding any street rights of way.
(e) Minimum Lot Area. The minimum lot area for the entire development, exclusive of any street rights of way, shall be not less than twenty-five acres, or 100 acres if conditional commercial is planned. Commercial development shall not exceed five percent. No commercial development shall begin until fifty percent of the proposed residential units are completed and occupied.
All lands within the development shall be contiguous in that the site shall not be divided into segments by any limited access highway, any railroad right of way or any tract of land, other than local streets or rights of way for pipelines or electric transmission lines, not owned by the developer. The site must be planned and developed as one integral unit.
(f) Building Height. No building or structure within the R-6 District shall hereafter be erected or structurally altered to a height exceeding two and one-half stories or thirty-five feet.
(g) Minimum Frontage. The lot frontage of the site to be developed shall be not less than 200 feet along an existing street right of way.
(h) Minimum Front Yard Depth. The depth of the front yard for each principal residential building shall be not less than thirty feet from the street right-of-way line.
(i) Minimum Side Yard Widths. The width of each side yard for each principal residential building shall be not less than fifteen feet.
(j) Minimum Rear Yard Depth. The depth of the rear yard for each principal residential building shall be not less than thirty-five feet.
(k) Screening of Nonresidential Districts. When a lot in an R-6 District abuts a nonresidential district, landscaping and/or privacy fencing, a minimum of six feet in height, shall be provided within the side or rear yard abutting such district to visually screen the nonresidential ground use from the residential property.
(l) Off-Street Parking.
(1) Minimum number of spaces.
A. One and one-half parking spaces shall be provided for each efficiency suite.
B. One and three-quarters parking spaces shall be provided for each one bedroom unit.
C. Two parking spaces shall be provided for each two or more bedroom unit.
(2) Location of parking spaces.
A. The parking spaces required shall be provided on the same lot served. No parking garage, either attached to or detached from a principal building, shall be located in any required front yard, within twenty-five feet of the street right-of-way line.
B. No less than twenty feet of horizontal open space on the ground shall be provided between any principal building and the curb line of any surface parking area or access drive.
C. The curb line of any surface parking area or access drive shall be at least five feet from any exterior lot line.
D. Surface parking areas shall be arranged so as to prevent through traffic to other parking areas.
E. Except at entrance and exit drives, surface parking areas shall be physically separated from public view and from any public or private street by a minimum ten foot wide planting strip. A structure or landscape planting shall be provided of sufficient height and density to screen off-street parking lots from public view and from adjoining residential districts. Such screening treatment shall conform to the requirements of all applicable City ordinances and to such reasonable conditions as may be required by the Planning Commission. In no case shall parking areas be designed to require or encourage cars to back into a public or private street in order to leave the lot.
(3) Design standards.
A. No one area for off-street parking of motor vehicles, except for enclosed garages, shall exceed twenty cars in capacity. Separate parking areas on a parcel shall be physically separated from one another by minimum ten foot wide planting strips.
B. All dead-end parking lots shall be designed to provide sufficient backup areas for the end stall of the parking area.
C. Parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided without requiring the moving of another motor vehicle.
D. The width of entrance and exit drives shall be a minimum of twelve feet for one-way use only; a minimum of twenty feet for two-way use; and a maximum of twenty-four feet at the street line.
E. The provisions of Chapter 1276 shall also be in force and effect in the R-6 District.
(m) Court Dimensions.
(1) Outer courts. The width of any outer court formed by building walls on three sides shall be not less than forty feet. The depth of an outer court shall be no greater than one and one-half times the width.
(2) Inner courts.
A. The least dimension of an inner court formed by building walls on all four sides shall be not less than forty feet.
B. An open end unobstructed passageway shall be provided at the grade level of each inner court. Such passageway shall have a cross section area and sufficient headroom to permit the passage of fire fighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area between buildings.
(n) Screening of Trash Collection Areas. Trash and/or garbage collection areas for all multifamily residential buildings shall be enclosed on at least three sides by a decorative solid wall or solid fence at least four feet in height or such greater height as needed to completely enclose the containers from top to bottom, if such area is not within an enclosed building or structure. Such solid wall or solid fence shall be situated so as to screen the view of the collection area from adjacent streets and properties.
(o) Minimum Livable Open Space Required.
(1) A minimum of fifty percent of the gross land area shall be livable open space for the use and enjoyment of the residents. Livable open space shall include both private outdoor areas and common outdoor areas.
(2) "Livable open space" is the minimum required non-vehicular open space left unobstructed to the sky. The livable open space may include the yard areas that are landscaped as lawn areas, private patios and minimum open space areas for recreation. No parking spaces, loading areas or access drives can be included as part of the livable open space to be provided on the lot.
(3) A portion of the livable open space shall be developed for active or passive recreation, suitable in area and type for the dwelling units to be constructed, subject to the approval of the Planning Commission. Passive recreation facilities might include common outdoor sitting areas in the form of sundecks or garden areas. Active recreation areas might include swimming pools, tennis courts, basketball courts, shuffle board courts, ice skating rinks, tot lots and playgrounds and similar facilities appropriate for the specific project.
(4) For purposes of compliance with livable open space requirements, permanent bodies of water, as indicated on most recently published U.S. geological survey maps or as indicated by more recent aerial photography and field observations, shall be credited as one-half acre of open space for each one acre of water surface area. This shall also apply to manmade lakes and streams.
(5) A minimum of sixty percent of the total number of dwelling units in the development shall directly abut the common livable open space, and all other dwelling units shall have public access via a pedestrian circulation system of paths or walkways and be in close proximity to the common livable open space. The pedestrian circulation system and its related walkways shall be insulated as completely and as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This shall include, when deemed to be necessary by the Planning Commission, pedestrian underpasses or overpasses in the vicinity of schools, playgrounds and other neighborhood uses which generate a considerable amount of pedestrian traffic. The common livable open space shall be available for the use of all occupants of the total project as defined on the approved site development plan; and, shall be available for use not later than at such time as sixty percent of the total dwelling units indicated on the approved site development plan are completed and ready for occupancy.
(6) No open area may be accepted as common livable open space in an R-6 District unless it meets the following standards:
A. The location, shape, size and character of the area must be suitable for the anticipated open space needs of the residents of the development.
B. The area must be used as an amenity or for recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the development, considering its size, intensity of development, expected population, topography and other site features and the number and type of dwellings to be provided.
C. The open space must be suitably improved for its intended use, but areas containing natural features worthy of preservation may be left unimproved. Any recreational buildings and structures or similar recreational improvements which are permitted must be appropriate to the uses which are authorized to the common open space and must conserve and enhance the amenities of the area having regard to its topography and other natural features.
D. The development schedule included as part of the development plan must coordinate the improvement of the common open space, the construction of recreational buildings and structures, and the construction of residential dwellings in the development.
E. If the final site development plan provides for recreational buildings, structures and improvements in the common open space of a value in excess of twenty-five thousand dollars ($25,000), the developer must provide a bond or other adequate assurance that the recreational buildings, structures and improvements will be completed. The Planning Commission shall release the bond or other assurance when the recreational buildings, structures or improvements have been completed according to the final site development plan. (Ord. 2012-40. Passed 7-23-12.)
(7) All common livable land shown on the final site development plan must contain legally enforceable reservations and restrictions which will insure the preservation of such land for recreational and similar open space for the enjoyment and benefit of the owners and residents.
(8) All land shown on the final site development plan as common livable open space must be conveyed under one of the following options:
A. It may be conveyed to the City, with the Planning Commission's recommendation and approval of the Recreation Board, who will agree to maintain the common open space and any recreational buildings, structures or improvements which have been placed on it. When this option of conveyance is elected, the common open space should constitute an integral part of the existing public parks and open space system or be designated as potential open space on the City's future land use plan as adopted and amended.
B. It may be conveyed to trustees of an incorporated homeowners' association. The common open space must be conveyed to the trustees subject to covenants to be approved by the Commission which restrict the common open space to the uses specified on the final site development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.
(p) Streets. All streets shall conform to the City Subdivision Regulations and shall be dedicated to public use.
(q) Accessibility and Circulation. Adequate provision shall be made for vehicular and pedestrian circulation to and within the development. The development should be designed so that each dwelling is located on a local street planned in such a way that through traffic is minimized. Access to and from the development should be via major streets with connections located at such places as to minimize the disruption of traffic flow on these streets. At no time shall traffic be directed through existing residential neighborhoods on other than major streets. Provision shall be made for the continuation of major streets through the development. All developments shall have two points of access from the existing or planned future street system. (Ord. 74-58. Passed 6-17-74.)
(r) Drainage, Surfacing and Maintenance Standards. The area of the lot not landscaped and so maintained, including driveways, shall be graded, hard-surfaced, and drained to the satisfaction of the City Engineer to the extent necessary to prevent dust, erosion or excessive water flow across streets or adjoining properties.
(Ord. 2011-83. Passed 11-21-11.)
(s) Utilities. All developments shall provide for underground installation of electric and telephone utilities where possible. Adequate public water and sewer facilities shall be available or shall be provided as part of the development. Utilities and maintenance of facilities shall be in accordance with requirements and regulations of the appropriate municipal authority having jurisdiction thereof.
(t) Erosion and Sedimentation Control. Effective erosion and sedimentation controls shall be planned and applied according to the following principles:
(1) The smallest practical area of land shall be exposed at any one time during development.
(2) When land is exposed during development, the exposure shall be kept to the shortest practical period of time.
(3) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.
(4) Sediment basins, debris basins, desilting basins or silt traps shall be installed and maintained to remove sediment from run-off waters from land undergoing development.
(5) Provisions that meet the approval of the City Engineer shall be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development.
(6) The permanent final vegetation and structures shall be installed as soon as practical in the development.
(7) The development plan shall be fitted to the topography and soils so as to create the least erosion potential.
(8) Wherever feasible and desirable, natural vegetation should be retained and protected.
(u) Permitted Signs. The provisions of Chapter 1274 shall be in full force and effect in the R-6 District.
(w) Certificate of Occupancy. The provisions set forth in Chapter 1262 shall apply in the R-6 District.
(Ord. 74-58. Passed 6-17-74.)
1270.09 RS SPECIAL RESIDENCE DISTRICT.
(a) Intent. In the creation of the RS District, it is the intent of the City to provide reasonable regulations for the development of those areas in which less than average lot sizes exist at the time of the enactment of this Zoning Code (Ordinance 66-103, passed December 19, 1966). Lot sizes and other provisions contained in this chapter are based upon the existing lot sizes in the subdivisions to which the sections are applicable and upon current health and subdivision practices. The District shall apply only to the entire area of the subdivisions known as Vermilion On The Lake Subdivision No. 1 and Highbridge and Essex Road Areas of Subdivision No. 2, Sunnyside Beach Realty Company Allotment, Sunnyside Beach, and Vermilion River Park Allotment No. 2, Bluebird Beach, Nakomis Park, Laley Street, State Street Allotment, Linwood Park, and Adams, Jackson and Center Streets, Elberta Beach and such other areas as are shown on the Zoning Map.
(b) Permitted Uses.
(1) In the RS District, no building or land shall be used or changed in use, and no building shall be located, erected or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
A. Single-family residences.
B. Schools and other public uses.
C. Churches.
D. Customary accessory uses.
(Ord. 66-103. Passed 12-19-66.)
(2) The following uses shall be deemed conditional uses in an RS District and shall be permitted as provided in Chapter 1264:
A. Institutions.
B. Bed and breakfasts, only in portions of such District that are also contained within the boundaries of the Harbour Town Historic District, as defined in Section 1224.03.
(Ord. 98-27. Passed 5-4-98; Ord. 99-45. Passed 9-22-99.)
C. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses.
(1) Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(2) No building or structure, except a principle residence, shall be built or erected on any vacant lot within the district.
(Ord. 2009-51. Passed 7-27-09.)
(3) A storage unit facility used or intended for storage of personal property other than property of the current lawful residents or owners of the principal residences thereon.
(Ord. 2022-5. Passed 11-21-22.)
(d) Building Height. No building or structure in an RS District shall exceed thirty feet in height, except as otherwise provided in this Zoning Code.
(e) Lot Area, Width and Yard Requirements.
(1) Lot area and width. Each single-family dwelling or other building permitted herein shall be located on a lot having an area of not less than 5,000 square feet and a width of not less than fifty feet, unless otherwise provided in this Zoning Code.
(2) Yards. Yards of the following depths or widths shall be provided for all lots in an RS District unless otherwise permitted by this Zoning Code:
A. Front yards. The depth of the front yard shall be not less than thirty feet, except that where adjacent lots have been built upon, the front yards thereby established shall be observed.
B. Rear yards. The depth of the rear yard shall be not less than thirty feet. (Ord. 66-103. Passed 12-19-66.)
C. Side yards. Each lot or parcel of land shall be provided with two side yards as follows:
The sum of the side yards for a single-family dwelling or other building shall be not less than sixteen feet and neither side yard shall be less than seven feet. The sum of the side yards may be reduced to twelve feet where there is an attached garage and neither side yard shall be less than six feet.
(Ord. 2017-42. Passed 11-6-17.)
(g) Off-Street Parking Requirements. The provisions of Chapter 1276 shall apply in the RS District. In addition, any driveway that travels through the City right-of-way shall do so within the boundary lines of the property it serves.
(h) Density Limitation. The gross residential density shall not exceed six families per acre, including roads.
(i) Area of Building. Each residence shall have 750 square feet of living area exclusive of breezeways, porches or garages.
(Ord. 66-103. Passed 12-19-66; Ord. 2020-35. Passed 10-26-20.)
1270.10 RL-1 EXISTING LAGOON DISTRICT.
(a) Intent. In the creation of the RL-1 District, it is the intent of the City to provide reasonable regulations for the development of those areas designated as special flood hazard areas per the current Flood Insurance Study for the City of Vermilion. The District shall apply only to the entire area of the subdivisions known as Vermilion Lagoons and Key Harbor Lagoons, Riverview Park, Knapland Lagoons and such other areas shown as RL-1 on the Zoning Map.
(Ord. 2007-26. Passed 5-21-07.)
(b) Permitted Uses.
(1) In the RL-1 District, no building or land shall be used or changed in use and no building shall be located, erected or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
A. Single-family residences.
B. Schools and other public uses.
C. Churches.
D. Customary accessory uses.
(2) The following uses shall be deemed conditional uses in the RL-1 District and shall be permitted as provided in Chapter 1264:
A. Institutions.
(Ord. 66-103. Passed 12-19-66; Ord. 99-45. Passed 9-22-99.)
B. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses.
(1) Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(2) No building or structure, except a principle residence, shall be built or erected on any vacant lot within the district.
(Ord. 2009-51. Passed 7-27-09.)
(3) A storage unit facility used or intended for storage of personal property other than property of the current lawful residents or owners of the principal residences thereon or a vessel lawfully docked on or adjoining such parcel.
(Ord. 2022-5. Passed 11-21-22.)
(d) Building Height. No building or structure in an RL-1 District shall exceed thirty feet in height except as otherwise provided in this Zoning Code.
(e) Lot Area, Width and Yard Requirements.
(1) Lot area and width. Each single-family dwelling or other building permitted herein shall be located on a lot having an area of not less than 6,000 square feet and a width of not less than sixty feet unless otherwise provided in this Zoning Code or of record at the time of the adoption of this Zoning Code (Ordinance 66-103, passed December 19, 1966).
(2) Yards. Yards of the following depths or widths shall be provided for all lots in an RL-1 District unless otherwise permitted by this Zoning Code:
A. Front yards. The depth of the front yard shall be not less than twenty feet. Where a uniform setback exists which is less or greater than twenty feet, any building or structure hereafter erected, structurally altered or enlarged shall conform to the established minimum front yard. In no case shall a front yard greater than twenty-five feet be required.
B. Rear yards. The depth of the rear yard shall be not less than thirty feet as measured from the bulkhead. Where a uniform rear yard exists which is less or greater than thirty feet, any building or structure hereafter erected, structurally altered or enlarged shall conform to the established minimum rear yard. In no case shall a rear yard greater than thirty-five feet be required.
C. Side yards. Each lot or parcel of land shall be provided with two side yards as follows: side yards on each side of the building shall be not less than ten percent of the lot width.
(g) Off-Street Parking Requirements. The provisions of Chapter 1276 shall apply in the RL-1 District. In addition, any driveway that travels through the City right-of-way shall do so within the boundary lines of the property it serves. (Ord. 66-103. Passed 12-19-66; Ord. 2020- 35. Passed 10-26-20.)
(h) Flood Damage Reduction Requirements. All development in the RL-1 district shall comply with the flood damage reduction requirements set forth in Chapter 1460.
(Ord. 2007-26. Passed 5-21-07.)
(i) Boat Dockage.
(1) Jet skis, docks and/or other personal watercraft or any combination thereof up to thirteen feet in length overall (LOA) are hereby permitted to dock perpendicular to the bulkhead. The thirteen foot limitation would also apply to any type of docks or other protrusions over the waterway. The limit on total aggregate length of all watercraft stays in effect including personal watercraft docking perpendicular.
(Ord. 86-41. Passed 8-18-86; Ord. 2019-31. Passed 10-28-19.)
(j) Area of Building. Each residence shall have 750 square feet of living area exclusive of breezeways, porches or garages.
(Ord. 90-52. Passed 11-19-90.)
1270.11 B-1 NEIGHBORHOOD BUSINESS DISTRICT.
(a) Intent. In the creation of the B-1 District, it is the intention of the City to provide for the retailing of convenience goods and the furnishing of certain personal services, thus satisfying the daily and weekly household and personal needs of abutting residential neighborhoods. The District shall be limited in size in order to protect the surrounding residential areas against infiltration of these uses and services.
(b) Permitted Uses.
(1) A building or premises may be used for any of the following in a B-1 District:
A. Bank (branch office).
B. Barber and beauty shops.
C. Bakery (goods for sale on premises only).
D. Bicycle repair shop.
E. Bookstore.
F. Cleaners and laundry (collection and distribution only, custom and self-service).
G. Churches and other semi-public uses.
H. Clinics (medical and dental).
I. Delicatessen.
J. Dairy products store (no bottling or drive-in types permitted).
K. Drug store.
L. Florist.
M. Food and grocery stores.
N. Hardware store.
O. Locksmith, lawnmower service.
P. Offices, including professional offices.
Q. Tailor shop, including pressing.
R. Public uses.
S. Public service facilities.
T. Parking lot (subject to Chapter 1276).
U. Real estate offices.
V. Restaurants (excluding the sale of liquor and drive-ins).
W. Customary accessory uses.
X. Any other retail business or service establishment or use which is determined by the Board of Zoning Appeals to be of the same general character as the above permitted uses.
(2) The following uses shall be deemed conditional uses in a B-1 District and shall be permitted as provided in Chapter 1264:
A. Automotive service station.
B. Fix it shop.
C. Funeral home.
D. Institutions.
E. Recreational activities.
F. Single-family residence.
(Ord. 66-103. Passed 12-19-66; Ord. 99-45. Passed 9-22-99.)
G. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses. Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(1) A storage unit facility used or intended for storage of personal property, excepting therefrom multiple storage structures used by the owners or principal business tenants for mixed storage of their property or property of their annual or seasonal tenants.
(Ord. 2022-5. Passed 11-21-22.)
(d) Building Height. No building shall exceed twenty-five feet in height, except as hereinafter permitted.
(e) Lot Area, Width and Yard Requirements.
(1) Lot area. There shall be no requirements for lot area, except that any building used for residence purposes shall have a lot area equal to that required by the Board of Zoning Appeals and in no case shall it be less than that required in an R-4 District.
(2) Lot width. The minimum width of a lot shall be fifty feet.
(3) Yards required. Yards of the following minimum depths or widths shall be provided for all lots, unless otherwise permitted by this Zoning Code:
A. Front yards. The depth of the front yard shall be not less than seventy-five feet.
B. Rear yards. The depth of the rear yard shall be not less than fifteen feet, unless it abuts a residential district, in which case it shall be not less than twenty-five feet.
C. Side yards. There shall be no side yard requirements for lots in a B-1 District, except as follows: when a side of a lot in a B-1 District adjoins any residential district, there shall be a side yard on the side so adjoining of not less than twenty-five feet.
A corner lot shall have a side yard on the street side equal in depth to the front yards of the existing buildings on that side of the street, or, if no buildings exist, equal to the front yard requirements of the District.
(f) Percentage of Lot Coverage.
(1) Buildings in a B-1 District shall not cover more than thirty percent of the area of the lot except as otherwise provided herein.
(2) Buildings used for residence purposes, including accessory buildings, shall not cover more than fifty percent of the area of the lot.
(h) Off-Street Parking and Loading Requirements. The provisions of Chapter 1276 shall apply in the B-1 District.
(Ord. 66-103. Passed 12-19-66.)
(i) Sexually Oriented Businesses Not Permitted. Notwithstanding anything in this chapter to the contrary, no sexually oriented business, as defined in Chapter 1273, shall be permitted in the B-1 District.
(Ord. 98-34. Passed 6-15-98.)
1270.12 B-2 CENTRAL BUSINESS DISTRICT.
(a) Intent. It is the intent of the City, in the creation of the B-2 District and its appurtenant regulations, to provide retailing, parking, personal and business services of all kinds to satisfy the needs of the residents of the entire City and its trade area.
(Ord. 66-103. Passed 12-19-66.)
(b) Permitted Uses. No land shall be used or occupied and no structure shall be designed, erected, altered or used except for either one or several of the following permitted uses or for one or several of the following conditional uses:
(1) The following may be operated as permitted uses:
Antique store;
Apparel and accessories store.
Art Store.
Assisted Living.
ATM.
Bait sales.
Bakery.
Banks (see loan and finance offices).
Barber shop.
Beauty shop.
Bed and breakfast (only in portions of such District that are also contained within the boundaries of the Harbour Town Historic District, as defined in Section 1224.03).
Bicycle shop.
Boat and Marine sales.
Bookstore.
Business or trade schools.
Bus stop.
Camera and photographic equipment supply stores.
Candy, nut and confectionery store.
Clinic, dental or medical.
Convenient Food store.
Consignment store (apparel and household goods).
Copy shop.
Dance studio.
Delicatessen.
Department store (size limitation).
Dinner Theatre.
Drug store (size limitation).
Dry cleaning (custom and self-service.)
Eating place (bar, cocktail lounge, grill, restaurant).
Electronics store (computers, etc.).
Farmer's Market.
Florist shop.
Food Market/Specialty.
Funeral home.
Furniture, household furnishings.
Garden supplies store.
Gift shop.
Hardware and sporting goods.
Health Spa.
Hobby shop.
Hotels and motels (size limitation).
House of Worship.
Ice Cream shop.
Jewelry store.
Laundry (custom and self-service).
Lighting fixture sales.
Liquor store (sale by package only).
Libraries.
Loan and finance offices (see banks).
Locksmith.
Luggage store.
License bureau.
Museums.
Music store (pianos, radio & tv).
Newspaper publishing.
Newsstand.
Offices (any office in which chattels or goods, wares or merchandise are not commercially created, exchanged or sold).
Office supply store (size limitation).
Optician and optometrist shops.
Paint and wallpaper store, art supplies.
Parking lots and/or structures either publicly or privately owned and operated.
Plumbing and heating shops, supplies (enclosed storage only).
Post office.
Professional services.
Pressing, altering and repair of wearing apparel.
Printing and publishing, including processes related thereto.
Private clubs and lodges, YMCA, commercial recreation, fraternal societies.
Public utilities offices.
Repair, rental, servicing of any product the sale of which product is permitted in this district.
Restaurants.
Re-sale shops (used clothing, furniture).
Shoe store (sales, repair).
Sign painting shops.
Surgical supplies store.
Taxi stands.
Telephone exchange and offices.
Television (sales, service).
Theaters, theatrical studios.
Toy store.
Travel agencies.
Variety, notions store.
War surplus stores.
Wine shop/and or tasting bar.
Any other retail business or service establishment or use which is determined by the Board of Zoning Appeals to be of the same general character as the above permitted uses.
The sale at wholesale or warehousing of any commodity, the use or processing of which is permitted in this district.
(Ord. 2011-35. Passed 6-20-11.)
(2) The following uses shall be deemed conditional uses and upon favorable recommendation by the Planning Commission, a permit therefor may be issued by the Board of Zoning Appeals as provided in Chapter 1264:
A. Automobile service station and/or public parking garage provided that:
1. Premises used for such purposes shall not have an entrance or exit for motor vehicles within 200 feet from any place of public assembly, including any hospital, sanitarium or institution. Such measurement shall be along the usual line of street travel.
2. The building used for such purposes shall not be nearer than fifty feet from any residential district.
3. Any minor automobile repair work, as defined in this Zoning Code, shall be done within the principal building on the premises.
4. No overnight or weekend outside storage of trucks, trailers and/or tractors shall be permitted on the premises, and no partially dismantled, wrecked or junked vehicles shall be stored for more than a total of eight hours outside the buildings on the premises.
5. When such use abuts the side and/or rear line of a lot in any residential district, a compact evergreen hedge, solid wall or painted board fence not less than five feet high shall be maintained at the property line.
(Ord. 66-103. Passed 12-19-66.)
B. Automobile new car sales, automobile used car sales, truck and trailer display, hire, sales, wash and repair, provided all operations, other than display and sales, shall be conducted within a completely enclosed building. Buildings used for repair and washing operations, if less than fifty feet from any residential district, shall have no openings adjoining such district other than stationary windows or required fire exits.
(Ord. 2009-11. Passed 4-6-09.)
C. Residential uses.
D. Accessory uses, provided such uses are clearly incidental, customary to and commonly associated with the operation of the permitted use.
(Ord. 66-103. Passed 12-19-66.)
E. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses. Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(1) A storage unit facility used or intended for storage of personal property, excepting therefrom multiple storage structures used by the owners or principal business tenant for mixed storage of their property or property of their annual or seasonal tenants.
(Ord. 2022-5. Passed 11-21-22.)
(d) Building Height. No permitted building or structure hereafter erected or structurally altered shall exceed, in height, three times the horizontal distance from the centerline of the street to such structure.
(e) Lot Area, Width and Yard Requirements.
(1) Lot area and width.
A. No minimum lot area or width shall be required for nonresidential purposes.
B. Where residential uses are permitted, the lot area and width requirements shall be such as the Board of Zoning Appeals may require.
(2) Yards. Yards of the following depths or widths shall be provided for all permitted uses in a B-2 District unless otherwise permitted by this Zoning Code:
A. Front yards. The depth of the front yard shall not be less than seventy-five feet.
B. Rear yards. The depth of the rear yard shall not be less than fifty feet.
C. Side yards. There shall be no side yard requirements for lots in a B-2 District except as otherwise provided herein:
1. When a use in a B-2 District adjoins any residential District, a side yard shall be provided on such adjoining side of not less than one-half the height of the building, but not less than fifteen feet in any case.
2. A side yard shall be provided for a corner lot equal to the depth of the front yard.
3. Yard requirements for residential uses in a B-2 District shall be such as the Board of Zoning Appeals may require.
(f) Percentage of Lot Coverage. There shall be no percentage of lot coverage requirements for buildings or uses in a B-2 District, except such requirements as may be provided by the Board of Zoning Appeals for buildings housing residential uses.
(g) Permitted Signs. The provisions of Chapter 1274 shall be in full force and effect in the B-2 District.
(h) Off-Street Parking and Loading Requirements. The provisions of Chapter 1276 shall be in full force and effect in the B-2 District.
(Ord. 66-103. Passed 12-19-66.)
(i) Sexually Oriented Businesses and Sweepstakes Terminal Cafes Not Permitted. Notwithstanding anything in this chapter to the contrary, no sexually oriented business, as defined in Chapter 1273, and no Sweepstakes Terminal Cafes, as defined in Chapter 878 shall be permitted in the B-2 Central Business District.
(Ord. 2010-98. Passed 2-7-10.)
1270.13 B-3 HIGHWAY COMMERCIAL DISTRICT.
(a) Intent. In the creation of the B-3 Highway Commercial District and its appurtenant regulations, it is the intention of the City that the needs of the motoring public shall be met, that provisions shall be made for highway-oriented commercial uses and that the primary traffic-carrying function of the major highways shall be maintained. The B-3 District shall be located only along State, Federal or other highways designated as major thoroughfares.
(Ord. 66-103. Passed 12-19-66.)
(b) Permitted and Conditional Uses.
(1) Permitted uses. A building or premises may be used for the following purposes in a B-3 District:
Animal hospitals, kennels.
Antique shops.
Appliance stores (major appliances, television, washing machine, radio sales).
New Automobile sales
Used Automobile sales
Automobile service stations.
Automobile repair, accessory sales.
Bars and taverns.
Boat and marine sales.
Bowling alleys.
Car wash.
Cemeteries (minimum of 10 acres), mortuaries, crematories.
Churches and other semi-public uses.
Clinics and professional buildings.
Department stores.
Drive-in banks.
Drive-in ice cream, soda sales.
Drive-in restaurants.
Drive-in theaters.
Farm, fruit and produce stands.
Florist shops, retail sales.
Food lockers.
Funeral homes.
Furniture stores.
Garden and nursery centers.
Gasoline stations.
Shopping strips, centers or malls containing retail or business establishments permitted in B-2 Districts.
Swimming clubs and other commercial recreation and amusements.
Any other retail business or service establishment or use which is determined by the Board of Zoning Appeals to be of the same general character as the above permitted uses.
Customary accessory uses.
(Ord. 2009-10. Passed 4-6-09.)
(2) Conditional uses. The following uses shall be deemed conditional uses and, upon favorable recommendation by the Planning Commission, a permit therefor may be issued by the Board of Zoning Appeals as provided for in Chapter 1264: wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses. Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(1) A storage unit facility used or intended for storage of personal property, excepting therefrom multiple storage structures used by the owners or principal business tenant for mixed storage of their property or property of their annual or seasonal tenants.
(Ord. 2022-5. Passed 11-21-22.)
(d) Building Height. No building or structure in a B-3 District shall exceed thirty feet in height, except as otherwise provided in this Zoning Code.
(e) Lot Area, Width and Yard Requirements.
(1) Lot area and width. Each building, use or structure permitted herein shall be located on a lot having an area of not less than one acre and a width of not less than 150 feet, unless otherwise permitted by this Zoning Code.
(2) Yards. Yards of the following widths or depths shall be provided for all permitted uses unless otherwise provided by this Zoning Code:
A. Front yards. The depth of the front yard shall be not less than seventy-five feet. Within this front yard and adjacent to the street right-of-way line there shall be an open and unobstructed buffer strip of twenty feet in depth. Parking of vehicles in this buffer strip shall be prohibited. Except for accessways permitted herein, such buffer strip shall contain a curb or other suitable barrier against unchanneled motor vehicle ingress or egress and shall be continuous for the entire width of the lot adjoining the street or highway right-of-way line. Service station pumps are permitted if they are located not less than thirty feet from the right-of-way line.
Each lot shall have not more than two accessways to any one street or highway. The width of any accessway leading to or from a highway shall be not less than sixteen feet and not more than thirty-six feet. Insofar as practical, the use of common accessways by two or more uses shall be encouraged to reduce the number of such highway access points. The fronting of uses on a marginal service street shall also be encouraged.
B. Rear yards. The depth of the rear yard shall be not less than forty feet.
C. Side yards. There shall be two side yards for each lot in a B-3 District, the sum of which shall be not less than thirty-five feet wide, and each side yard shall be not less than fifteen feet wide except as otherwise provided by this Zoning Code.
When the side of a lot in a B-3 District adjoins a residential district, there shall be a side yard on the side so adjoining of not less than twenty-five feet.
(f) Percentage of Lot Coverage. Buildings, together with their accessory uses, in a B-3 District, shall cover not more than twenty-five percent of the area of the lot, except as otherwise provided herein.
(h) Off-Street Parking and Loading Requirements. The provisions of Chapter 1276 shall apply in the B-3 District.
(Ord. 66-103. Passed 12-19-66.)
(i) Sexually Oriented Businesses Not Permitted. Notwithstanding anything in this chapter to the contrary, no sexually oriented business, as defined in Chapter 1273, shall be permitted in the B-3 District.
(Ord. 98-34. Passed 6-15-98.)
1270.14 B-4 MOTORIST SERVICE DISTRICT.
(a) Intent. The Motorist Service District has been created in order to achieve, among others, the following purposes:
(1) To provide districts on major roads in the immediate vicinity of freeway interchanges to serve the needs of the motoring public.
(2) To protect and stabilize developments from traffic congestion and hazards by regulating the intensity of use, by requiring off-street parking, loading and on-site circulation facilities and by regulating the access to streets.
(3) To provide the maximum protection to existing and proposed residential areas.
(b) Permitted Uses. Buildings and land shall be designed, created, altered or intended only for the following uses:
(1) Principal uses.
A. Automobile service stations and repair garages (major and minor repairs).
B. Motels and hotels.
C. Restaurants and eating places serving food and beverages in wholly enclosed buildings.
D. Other similar uses which serve the long distance motoring public.
(2) Accessory uses (when operated in conjunction with the above main uses).
A. Off-street parking.
B. Restaurant, assembly rooms and auditoriums in connection with motels and hotels.
C. Enclosed snack bars in connection with service stations and motels.
D. Swimming pools and other recreational facilities in conjunction with motels and hotels.
E. Signs, in accordance with the provisions of this chapter and Chapter 1274.
F. Sale of alcoholic beverages in connection with restaurants, motels or hotels.
G. Sale of gifts and novelties.
H. Personal and other services which are necessary and incidental to the usual operation of any main use set forth above, including:
Drug store. Barber, beauty shops.
Delicatessen. Picnic tables.
Tailor shop.
(Ord. 66-103. Passed 12-19-66.)
(3) Conditional uses. The following uses shall be deemed conditional uses and, upon favorable recommendation by the Planning Commission, a permit therefor may be issued by the Board of Zoning Appeals as provided for in Chapter 1264: wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses. Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(1) A storage unit facility used or intended for storage of personal property, excepting therefrom multiple storage structures used by the owners or principal business tenant for mixed storage of their property or property of their annual or seasonal tenants.
(Ord. 2022-5. Passed 11-21-22.)
(d) Building Height. The height of any building or structure in any Motorist Service District shall not exceed thirty-five feet, exclusive of towers, cornices or similar features, except as hereinafter provided.
(e) Area Regulations. Every lot occupied by a main building or use shall comply with the following table and regulations pertaining to lot area, lot width, the percentage of lot coverage by all buildings, including accessory buildings, and landscaped areas:
Main Use | Minimum Lot Area (acres) | Minimum Lot Width (feet) | Lot Coverage Maximum % |
Service station | 1/2 | 150 | 20 |
Motel or hotel (with or without eating, assembly, recreation) | 3 | 200 | 20 |
Restaurant (separate buildings) | 1-1/2 | 200 | 20 |
Other permitted uses | 1/2 | 150 | 20 |
Each lot shall have landscaped areas which shall be the part of the lot which is not covered by buildings, accessory uses, drives and parking lots. The landscaped areas shall be developed and maintained as lawns, along with trees and shrubs, or maintained in an orderly natural state.
The lot area occupied by a motel or hotel shall be not less than that set forth herein, nor less than 1,300 square feet of lot area for each lodging unit, whichever is greater. Each lodging unit shall be comprised of at least 275 square feet of floor area, shall contain not more than two sleeping rooms and shall not contain cooking facilities.
(f) Yard Regulations. Front, side and rear yards shall be provided on every lot in accordance with the following schedule:
Side and Rear Yards | |||
Use | Front Yard (feet to r/w) | Adj. Res. District (feet) | Adj. Nonres. District (feet) |
Service station building | 60 | 100 | 35 |
Service station pumps | 30 | 100 | 35 |
Motel, hotel, restaurant | 100 | 100 | 35 |
Parking | 30 | 10 | |
Signs | 20 | 30 | 10 |
Other uses | 60 | 100 | 35 |
Within the front yard and adjacent to the street right-of-way line there shall be an open and unobstructed buffer strip of twenty feet in depth. Except for the access drive, no other facilities shall be located within this area. Parking of vehicles in this buffer strip shall be prohibited. Except for accessways permitted, such buffer strip shall contain a curb or other suitable barrier against unchanneled motor vehicle ingress and egress and shall be continuous for the entire width of the lot adjoining the street or highway right-of-way line.
(g) Access Drives. Access drives to major streets shall be controlled in the interest of public safety and to maintain the designed capacity of the major street system.
(1) Drives shall be so designed and located that vehicles can safely enter and leave the facility with no need to park, stand or maneuver back and forth on the major thoroughfare right of way.
(2) Those portions of the access drive located within the highway right of way shall be paved with material equal to the highway pavement; be no greater than thirty-five feet wide; be designed to prohibit surface drainage from flowing directly onto the highway pavement; include a minimum twenty-foot turning radii between the edge of the drive and the highway pavement; and be curbed.
(3) No lot shall have more than two access drives to any one street or highway. The width of any access drive shall not be less than twenty feet nor more than thirty-five feet. Insofar as practical, the use of common accessways by two or more uses shall be encouraged to reduce the number of such highway access points. The fronting of uses on a marginal service street shall also be encouraged.
(4) There shall be no access drives permitted for a minimum distance of 600 feet, measured along road centerlines from the outermost ramp terminal right of way to the first access drive. To accomplish this objective, marginal service roads or parallel service roads, combining the access of several developments or other approved facilities, shall be encouraged.
(h) Signs. Signs in the B-4 District shall be in accordance with Chapter 1274, except as otherwise provided in this chapter.
Free-standing signs or pole signs serving an individual business establishment or groups of business establishments shall be permitted in the Motorist Service District according to the following regulations:
(1) No more than one sign shall be permitted to exceed the district height regulations. Any sign which exceeds the height regulations may be not more than sixty feet in height.
(2) An individual sign in a B-4 District may have a total sign area not to exceed 150 square feet.
(i) Development Plans.
(1) Submittal of plans. A site plan shall be prepared for all types of proposals for developments in the Motorist Service District and shall be submitted in quadruplicate to the Planning Commission. A preliminary and final development plan shall be submitted. Unless exempted by the Commission, plans shall include:
A. A survey of the property and topography, showing land owned and proposed developments.
B. The location, size, height and use of all main and accessory buildings.
C. The proposed system of circulation of vehicular traffic, including delivery trucks, details for connections or accessways to present streets, type of pavement and estimates of traffic volumes.
D. Plans for all utility installations and connections.
E. The layout and estimate of the number of parking spaces, the design of features and the type of pavement.
F. Other site development, including the grading and drainage pattern, the design of landscaped yards, planting areas and strips adjoining residential areas.
(2) Approval of plans. If the Planning Commission finds that the plans are consistent with this Zoning Code and with other codes of the City, the final development plan shall then be submitted to Council for approval. Council approval shall be by the majority voting in agreement. A two-thirds majority of Council shall be required to override the decision of the Planning Commission. The plan may be modified by the same procedure. No building permits shall be issued by the Building Inspector until such development plan has been approved as provided herein.
Failure to begin construction of all or an independent component of the plan within one year after approval by Council shall void the plan as approved unless an extension of time is approved by Council.
(Ord. 66-103. Passed 12-19-66.)
(j) Sexually Oriented Businesses Not Permitted. Notwithstanding anything in this chapter to the contrary, no sexually oriented business, as defined in Chapter 1273, shall be permitted in the B-4 District.
(Ord. 98-34. Passed 6-15-98.)
1270.15 I-1 LIGHT INDUSTRIAL DISTRICT.
(a) Intent. The Light Industrial District is created in recognition of the location and space needs of a broad range of industrial activities which are diverse in products, operational techniques and size, but possess compatible development characteristics and which seek similar locations. These industrial uses shall be encouraged to group in industrial areas where greater economy may be achieved by sharing necessary services and facilities. The I-1 Light Industrial District is created for use in those areas of the community where it is deemed desirable to locate industry which has a minimum of noxious effects on the surrounding area and the community as a whole. District regulations contained herein are for use only in those areas shown on the Zoning Map as I-1 Districts.
(b) Permitted Uses.
(1) A building or premises may be used for any of the following uses or purposes in an I-1 District:
A. Any use permitted in an I-3 District.
B. Acoustical material storage; advertising display manufacturing; agriculture; agricultural implements (repair and service); agricultural tillage (contractors); air express service warehouse; airplane (repair and storage); animal boarding; animal hospitals and kennels; art needle work (manufacturing); asbestos and asbestos products storage; asphalt siding, shingles, roofing, storage; automobiles (assembly of bodies); electrical supplies, paint, radiators, upholstering, etc., storage-warehouse.
C. Bakers and baked goods manufacturing; ball-bearing storage; barbecue (bulk preparation and sales); beer and ale distributor (wholesale) and storage; belting (repairing); beverages (bottling); beverages (wholesale and storage); bicycles (repair); biscuit companies (manufacturing); biscuits (wholesale and storage); blacksmiths; boat (manufacturing and storage); boilers (repairing and storage); bookbinders; book publishing (printing); bottles (wholesale); boxes (sales); braces (orthopedic, manufacturing); brick storage yard; brooms (manufacturing); building contractors (equipment and material storage); burglar alarm systems (installation); bus line shops (garage, repair); business machines (manufacturing, repair service, storage and wholesale); button covering (fabrics).
D. Cabinet makers; candy (wholesale distribution); canvas goods (fabrication); carpenters' shops and power woodworking; carpet and rug cleaning and storage; carpets and rugs (warehouses); carpets and rugs (wholesale); caskets (manufacturing); cement storage; chemicals and drugs storage and distribution; cigarettes and cigars (wholesale and storage); cleaning compounds storage; cleaning and dyeing processing; clock factory; clothing manufacturing; coffee (wholesale and storage); coin machines manufacturing; coin machines (rental and service); cold storage; concrete contractors (storage yards); confectioners (wholesale); contractors' equipment and supplies (storage); corsets and brassieres manufacturing; cotton seed products (storage); cranes (storage yard); cropdusting equipment yards.
E. Dairies (distributing, commercial); dairies (pasteurization, commercial); decoration (workship and equipment yard); department store warehouse; desks manufacturing; diaper supply service; diesel engines service, equipment and supplies (manufacturing excluded); disinfectants (storage and wholesale); display designers and builders' shops, distillers (distribution, warehouse); doors, sash and trim, wood manufacturing; draperies manufacturing; drilling company equipment yards; drugs (wholesale storage); dry cleaning establishment (bulk processing); dry goods (wholesale or storage).
F. Eggs (storage and processing), electric contractors' shops; electric equipment assembly; electric plating; electric refrigeration lockers; electrical appliances manufacturing; electrical appliances repairs; enameling and painting (custom); engravers and electroplaters; express companies' warehouses; exterminating and fumigating (commercial shops).
G. Farm implements and machinery assembly; feed (wholesale and storage); fences (metal, wholesale and storage); fertilizers (processed, storage only); filters fabrication; fish packing, curing and storage; fire escape contractors; firewood, storage; fish (wholesale); flags and banners manufacturing; floor refinishing (contractor's shop); food processing (general, see under product listing); food products (brokers and distributors, wholesale); food products (warehouse);freight forwarders; warehouses, frozen foods processing; frozen foods (wholesale, storage and distribution); fruit and vegetable juice processing; fruit and vegetable market (wholesale); fruits and vegetable processing (general, see under product listing); fur warehouse; furnaces (cleaning and repairing shops); furniture cleaners; furniture (repairing and refinishing); furniture (wholesale and storage); furs manufacturing (cutting and assembly).
H. Garment factory; glass blowing; grocers (warehouse); grocers (wholesale); gunsmiths (repairs).
I. Harness repair; hat manufacturing; hay and straw (sales, storage); heating and ventilating apparatus (assembly and storage); hoists (equipment storage); horseshoeing; hosiery manufacturing; hotel equipment (assembly and custom fabrication); house movers (equipment storage yards).
J. Ice cream manufacturing; imported goods (warehouse); insecticides (storage and distribution); insulation (contractors' equipment yard, storage and wholesale); interior decorators (workshops); iron (custom decorative wrought iron shops); irrigation companies and equipment.
K. Janitors' supplies (storage and warehouse); jewelers (bulk manufacturing); jobbers (bulk materials).
L. Kennels; knit goods manufacturing.
M. Laboratories (commercial, analytical, chemical, experimental and research); ladies wear manufacturing; laundries (processing); laundry equipment and supplies storage; leather goods (manufacturing, fabrication); limb manufacturing (artificial); lime storage; linen supply laundry service; linoleum storage; liquor (storage and wholesale); lithographers; livestock (supplies, storage and wholesale); lockers (food storage); locksmiths' repair shops; loft buildings; lubricating compounds (storage); lumber (cabinet working); lumber (storage yard); lumber (used and wholesale).
N. Macaroni manufacturing; machine shops; machine tools (storage); machinery rental; markets (exchange of goods); meat (storage and wholesale); men's clothing manufacturing; metals (heavy castings)(primary), processing, light fabrication from standard shapes, machine shop operations, plating, custom and replating, products fabrication and assembly; meters manufacturing; milk bottling plant (other than farm); milk pasteurization; milliners (wholesale and manufacturing); millinery and artificial flower making; mill work (sales and storage); mineral water (distillation and bottling); mirrors (resilvering, custom work); model construction supplies and manufacturing; mortar (bulk preparation and sales); motion picture equipment (storage and manufacturing); motor freight company warehouses; motorcycles (repairing and sales); movers (warehouses).
O. Newspaper printing; noodle manufacturing; notions (manufacturing, wholesale); novelties (manufacturing and wholesale); nuts (edible, processing).
P. Office equipment manufacturing (see also business machines); office furniture (storage and warehouse); oil burners (installation and repair); optical goods manufacturing; ornamental metal work (custom hand fabrication); orthopedic appliances manufacturing; overall manufacturing.
Q. Packing and crating service, including box manufacturing; painters' equipment and supplies (shops, wholesale and storage); paper products (wholesale and storage); paper storage; pattern shop; paving contractors' equipment and storage; paving materials storage yard; photo-engraving company; pickles and olives (processed, wholesale and storage); pies (bulk, commercial bakery); pipe (used, storage and sales); pipe coverings contractors' shops; pipe fittings (storage and wholesale); pipe (metal storage); plasterer (wholesale and storage); plating works (precious metals); plumbers' shops; plumbing fixtures and supplies (wholesale and storage); popcorn manufacturing; potato chips manufacturing; poultry supplies (wholesale and storage); printers; printers' equipment and supplies; wholesale produce (garden); wholesale produce (warehouse); pumps (repairing and rental).
R. Quick freeze plant; quilt (manufacturing).
S. Radio equipment assembling; radio repair shop; refrigeration equipment custom installation; refrigerators (servicing); refrigerators (wholesale, storage); restaurant equipment installation and repair; road building equipment (storage yard); rubber stamps manufacturing; rug cleaners.
T. Saddle factory; safes (opening and repairing); sail manufacturing; scaffolds (equipment and storage); scales (commercial weighing); school equipment and supplies (wholesale); screens, doors and windows manufacturing; screw and bolt manufacturing; seed (wholesale and retail garden supplies); seed (wholesale sales); septic tanks (contractors, construction); service station equipment (wholesale); sewer pipe storage; sheet metal work (custom fabrication) shirt factory; shoe repairing equipment and supplies (wholesale); shoe manufacturing; sign erectors (contractors' shops); sign painters' shops; sign maintenance service shops; signs (neon and metal fabrication); skylights (custom manufacturing); slip covers (custom manufacturing); soaps (wholesale and storage); sporting goods manufacturing; soda water manufacturing; sound systems (rental and service); specialties (see coin machines); spices (wholesale and storage); spraying supplies equipment yard; springs (replacement and repairs); stair builders (wood); steel awnings (custom manufacturing); steel erectors' equipment yards; steel fabricators (light sections); storage warehouse; storage shops; store and office fixtures (contractors' shops); stoves and ranges (wholesale and storage); surgical supplies (wholesale distributors).
U. Tank coating equipment yard; tanks (erection, contractors' yard); taxidermists; tents and awnings manufacturing, termite control contractor shops; terrazzo contractor shops; thermometers manufacturing; tile contractors (storage); tin shop (fabrication); tobacco, cigarette (wholesale, storage); tool grinding and sharpening; tools (wholesale and distribution); towels (supply and service); tractors (rentals); trailers (repairing); transfer business; truck freight movers (see express); also, trunks manufacturing.
V. Underwear (wholesale manufacturing); upholsterers (custom).
W. Wagon shop (repairs); wall board (wholesale and storage); wallpaper manufacturing; warehouses; watches manufacturing; water (distilled, processing); water (mineral, drinking or curative, bottling and distribution); water coolers (drinking fountains, repair and service); water heaters (service and repairing); water softening equipment (service and repairing); water supply systems (contractors' shops); waterproofing (materials, storage); weighers (commercial); welding (commercial); welding (equipment and supplies, storage); welding shop; wholesale produce storage or market; commercial winches (equipment rentals); window cleaners service; window display (installations, studio and shops); wines (storage, bottling and wholesale); wood (storage yard); woodworking (cabinet and custom millwork); woodworking (equipment, wholesale); woven goods (fabrication and assembly).
X. Other uses of a like nature as approved by the Planning Commission in accordance with the City Charter.
(Ord. 66-103. Passed 12-19-66.)
Y. Sexually oriented business, as defined in Chapter 1273, provided it complies with the requirements of said chapter.
(Ord. 98-34. Passed 6-15-98.)
(2) The following uses shall be deemed conditional uses in an I-1 District and shall be permitted upon recommendation by the City Planning Commission and upon the issuance of a permit therefor by the Board of Zoning Appeals, subject to such conditions as the Board of Zoning Appeals may require:
A. Airplane landing fields, airstrips, airplane hangars and customary accessory uses thereto, not including, however, mass assembly and manufacture of aircraft.
(Ord. 66-103. Passed 12-19-66.)
B. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses. Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(d) Building Height. No building or structure shall exceed sixty-five feet in height in an I-1 District unless otherwise specified in this Zoning Code.
(e) Lot Area, Width and Yard Requirements.
(1) Lot area and width. There shall be no overall requirements for a lot area or width in an I-1 District, except that required for the appropriate use plus areas hereinafter required for yards and necessary parking.
(2) Yards required. Yards of the following widths or depths shall be provided for all permitted uses unless otherwise provided by this Zoning Code.
A. Front yards. The depth of the front yard shall be no less than seventy-five feet.
B. Side yards. There shall be a minimum side yard on each side of any building or structure of twenty-five feet measured from the side lot line to the nearest building or structure. Where such use abuts any residential district, there shall be a side yard clearance of 100 feet on the side abutting such district.
C. Rear yards. There shall be a minimum rear yard of twenty-five feet. Where a rear yard abuts a residential district, such yard shall be a minimum of 100 feet.
(f) Off-Street Parking and Loading Requirements. The provisions of Chapter 1276 shall apply in the I-1 District.
(h) Percentage of Lot Coverage. Buildings, together with their accessory uses in an I-1 District, shall cover not more than fifty percent of the area of any lot.
(Ord. 66-103. Passed 12-19-66; Ord. 2022-28. Passed 5-9-22.)
1270.16 I-2 HEAVY INDUSTRIAL DISTRICT.
(a) Intent. The I-2 Heavy Industrial District is created for use in those areas of the City where it is deemed desirable to locate industries which have a large scale and extensive activity requiring more land, which create heavy traffic volumes and contain conditions which are not as compatible with other types of land uses. This District is intended to provide locations appropriate to the development of heavy industrial uses where adequate facilities and services can be provided. Districts regulations contained herein are for use only in those areas designated on the official Zoning Map as I-2.
(b) Permitted Uses.
(1) A building or premises may be used for the following purposes in an I-2 District.
A. Any use permitted in an I-1 or I-3 District.
B. Abrasives manufacturing; acetylene manufacturing; acetylene storage; acoustical material manufacturing; agricultural implements manufacturing; air-conditioning equipment (mass unit production); airplane manufacturing; aniline color or dye manufacturing; asbestos manufacturing; automobiles manufacturing.
C. Bag cleaning; bag jobbers (burlap); bags (burlap manufacturing); balls and bearings manufacturing; barrel manufacturing (wood); bathroom accessories manufacturing; beer (brewing); belting manufacturing; bleacheries (cloth processing); bleaching compound manufacturing; blueing manufacturing; boat manufacturing; boilers manufacturing; bottle manufacturing; bottlecaps and seals manufacturing; bottled gas manufacturing; bottled gas (storage and distribution); brake lining manufacturing; breweries; brushes manufacturing; burlap processing; business machines manufacturing; butane distributors; butter and cheese manufacturing; button manufacturing (metal, plastics). Candy manufacturing; candle manufacturing; cannery; canvas manufacturing; car manufacturing (railroad); carbide sales and distribution; carpet manufacturing; carriage and wagon manufacturing; carton manufacturing; casein manufacturing; cash registers manufacturing; cast iron pipe manufacturing; cattle shed; cement products manufacturing (blocks, pipe, etc.); cesspool, builders and service equipment; chalk manufacturing; charcoal manufacturing and pulverizing; cheese manufacturing; chocolate and cocoa products manufacturing; cider and vinegar manufacturing; clay products manufacturing; cloth, weaving and spinning; coal and coke yards; coffee roasting; concrete (bulk) manufacturing; condensed milk manufacturing; confectioners manufacturing; container (paper manufacturing); cooperageworks; cordage mill; cosmetics manufacturing; cotton seed products manufacturing; cotton spinning and weaving; crockery manufacturing.
D. Dairy equipment and supplies manufacturing; dairy products manufacturing; detergent manufacturing; diesel engines manufacturing; disinfectants manufacturing; distillers; doors (metal manufacturing); drugs manufacturing; dyeing (commercial bulk).
E. Electric equipment manufacturing (casting and molding); elevators (grain); elevators manufacturing; emery cloth and sandpaper manufacturing; enameling and painting (bulk production); engine manufacturing; envelope manufacturing; excelsior manufacturing; excelsior (storing and distribution, bulk); extrusion of metals.
F. Fabrics (weaving and spinning); feed (grains, manufacturing and processing); felt (building insulation manufacturing); felt (fabric manufacturing); fences (metal, fabrication and manufacturing); fire clay products manufacturing; fireproofing manufacturing; floor materials (linoleums) manufacturing; floor polish and wax manufacturing; flour and grain (storage and elevators); flour mills; forge plants; foundries; furniture (bulk manufacturing, metal, wood).
G. Gas tanks (illuminating); gasoline (bulk storage tanks); glass blowing (bulk processing); glass manufacturing (window and plate); glucose manufacturing; grain elevator; graphite manufacturing; grist mill; gums (wholesale processing); gutta-percha manufacturing.
H. Hair products factory; hat manufacturing; hose manufacturing; ice manufacturing; industrial truck body manufacturing; insecticides manufacturing; insulation materials manufacturing; japanning and shellacking works; jute mills; kerosene storage.
I. Lath manufacturing; lead manufacturing (see metals); lead (white) and oil manufacturing; leather goods manufacturing; leather findings; linen goods manufacturing (spinning, weaving); linoleum manufacturing; linseed oil manufacturing; liquor distilleries; locomotive manufacturing; luggage manufacturing; lumber (bulk processing).
J. Machine tools manufacturing; malt extracts manufacturing; marble (quarry processing); matches manufacturing (wholesale and storage); mattresses manufacturing; metal polish manufacturing; mills (flour and grain); mills (jute); millwork (woodworking) manufacturing; mirrors (bulk manufacturing); molasses manufacturing; monuments manufacturing.
K. Office furniture manufacturing; oil (fuel, storage); oil (vegetable, manufacturing and processing); oil burners manufacturing; oleomargarine manufacturing; organ manufacturing; ornamental metal work (mass production); oxygen production.
L. Packing and crating service (sawmill operations); paint shops, automobile (see auto repairs); paint and varnish manufacturing; paper products manufacturing (cartons, containers); pencil factory; perfumery manufacturing; petroleum storage (wholesale); pharmaceutical products; phonograph records manufacturing; piano manufacturing; pipe (metal, manufacturing); planing mill; plating works, bulk galvanizing; poultry feed manufacturing; printers' ink manufacturing; pumic manufacturing.
M. Rags, bulk collection and indoor storage; rags (processing); rope manufacturing; rubber products manufacturing; rubber products salvage; rubbish removal (private equipment and storage); rug manufacturing.
N. Salt manufacturing; sand and gravel (processing and storage); sandpaper manufacturing; sauerkraut manufacturing; sausage manufacturing; sawdust manufacturing; sawmill; seed treatment (processing, extraction of oil); septic tanks (servicing and cleaning equipment yard); sewer pipe manufacturing (tile and terra cotta); sewer service (equipment yard); shell grinding; shellac manufacturing; shingle manufacturing; shoddy manufacturing; shoe blackening manufacturing; silk manufacturing; size manufacturing; snuff manufacturing; soap manufacturing; soda ash manufacturing; soda compound manufacturing; soot blower manufacturing; soy bean oil manufacturing; spices (processing); spinning mill; springs (metal, manufacturing); stair builders (metal); steel fabrication; steel tank manufacturing; stone crushing; stone cutting and screening; stove polish manufacturing; stoves and ranges manufacturing; structural steel manufacturing; sugar refining, sweeping compound manufacturing; syrup and preserve manufacturing.
O. Tank fabrication; tea and spice packing; terra cotta manufacturing; textile mills; tile manufacturing (decorative); tile manufacturing (structural); time records machines manufacturing; tin products manufacturing; tinfoil manufacturing; tire manufacturing; tobacco (chewing, manufacturing or treatment); tombstone manufacturing; trailer manufacturing; turpentine manufacturing; varnish manufacturing; vinegar manufacturing.
P. Wagon manufacturing; wall board manufacturing; washing powder manufacturing; washing soda manufacturing; waste paper products manufacturing; waterproofing materials manufacturing; waterproofing treatment and manufacturing; wax processing, waxed container manufacturing; weaving mills; wines (distillation); wire rope and fencing fabrication; wood products manufacturing (bulk); woodworking (sawmill, bulk, processing); wool processing, wool scouring or pulling; wool spinning and weaving; worsted goods manufacturing; woven goods manufacturing (mills); wrecking contractors' yards; yeast cultivation (bulk).
Q. Other uses of a like nature, as approved by the Planning Commission in accordance with the City Charter.
(Ord. 66-103. Passed 12-19-66.)
R. Sexually oriented business as defined in Chapter 1273, provided it complies with the requirements of said chapter.
(Ord. 98-34. Passed 6-15-98.)
(2) The following uses shall be deemed conditional uses in an I-2 District and shall be permitted upon recommendation by the City Planning Commission and upon the issuance of a permit therefor by the Board of Zoning Appeals, subject to the following conditions and such other conditions as the Board of Zoning Appeals may require:
A. The slaughtering and packing of animals and meat products.
B. Explosive or gunpowder manufacture.
C. Fertilizer manufacture.
D. Airplane landing fields, hangars and accessory uses.
E. Dumping, storing, burying, reducing, disposing of or burning garbage, refuse, scrap metal, rubbish, offal or dead animals, except as a result from the normal use of premises, unless such dumping is done at a place provided by Council for such specific purposes.
F. Other uses of a like nature which by the emission of dust, odor, gas or other substance require special treatment in order to be compatible with other uses.
(Ord. 66-103. Passed 12-19-66.)
G. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses. Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(d) Building Height. No building or structure shall exceed sixty feet in height in an I-2 District, except as otherwise provided in this Zoning Code.
(e) Lot Area, Width and Yard Requirements.
(1) Lot area and width. There shall be no requirements for lot area or width in an I-2 District, except that required for the appropriate use plus areas hereinafter required for yards and necessary parking.
(2) Yards required. Yards of the following widths or depths shall be provided for all uses, unless otherwise provided by this Zoning Code:
A. Front yards. The depth of the front yard shall be not less than 100 feet, except as otherwise provided by this Zoning Code.
B. Side yards. There shall be a minimum side yard on each side of any building or structure of twenty-five feet measured from the side lot line to the nearest building or structure. Where such use abuts a residential district, there shall be a side yard clearance of 150 feet on the side abutting such district.
C. Rear yards. There shall be a minimum rear yard of twenty-five feet. Where a rear yard abuts a residential district, such yard shall be a minimum of 150 feet.
(f) Off-Street Parking and Loading Requirements. The provisions of Chapter 1276 shall apply in the I-2 District.
(h) Percentage of Lot Coverage. Buildings, together with their accessory uses in an I-2 District, shall cover not more than seventy-five percent of the area of the lot. (Ord. 66-103. Passed 12-19-66.)
1270.17 I-3 INDUSTRIAL PARK DISTRICT.
(a) Intent. It is the intent of the City, in the creation of the I-3 Industrial Park District and its appurtenant regulations, to encourage in appropriate locations the development of "industrial subdivisions" which will be characterized by a parklike openness and attractive modern buildings set in a landscaped environment. Industries located therein shall be harmoniously integrated with each other and compatible to that portion of the community within which the industrial park is located. Area requirements for the I-3 District are designed to promote the concentration of these desirable industries so that necessary common facilities may be provided and used and in order that problems of utilities, access, traffic control and other services may be more easily solved.
(b) Permitted Uses.
(1) A building or premises may be used for the following purposes in an I-3 District:
A. Public utilities, whether owned and operated municipally or privately.
B. Research laboratories.
C. Heliports.
D. The assembly, manufacturing, compounding, processing, packaging, treatment or fabrication of bakery goods, candy, ceramics, cosmetics, clothing, electrical and electronic equipment, jewelry, instruments, optical goods, pharmaceuticals, toiletries and food products, except fish and meat products, sauerkraut, vinegar, yeast and rendering or refining of fats and oils.
E. The manufacturing, compounding, assembling or treatment of articles of merchandise from the following prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, shell, textiles, tobacco, wood (except planing mill), yarns and those substances or compounds which are not combustible, inflammable, explosive or likely to create fire, radiation or explosive hazards to surrounding property. Except the foregoing, other articles, substances or compounds may be stored and used in reasonable quantities, provided such storage and use are permitted by the Board of Zoning Appeals after recommendation therefor by the Planning Commission and subject to such conditions as the Board of Zoning Appeals may deem necessary in the interests of public safety.
F. Customary accessory uses to any of the foregoing, not in conflict with any other provisions of this Zoning Code.
G. Other uses of a like nature as approved by the Planning Commission in accordance with the City Charter.
(Ord. 66-103. Passed 12-19-66.)
H. Sexually oriented business, as defined in Chapter 1273, provided it complies with the requirements of said chapter.
(Ord. 98-34. Passed 6-15-98.)
(2) The following special uses shall be permitted in an Industrial Park District, provided that buildings and accessory buildings and uses comply with all requirements of this District and that all such uses not involving buildings or accessory buildings have the approval of the Planning Commission:
A. Cafeterias or restaurants specifically designed and primarily intended for use by officers and employees of uses permitted in the Industrial Park District, but not necessarily exclusively for their use.
B. Bowling alleys, auditoriums, meeting rooms or other buildings primarily intended for the mutual use of the permitted uses located within the District, for meetings, programs, displays, recreation and other such uses as the industrial users of the District may deem necessary. These facilities shall be prohibited for use by organizations, clubs and fraternities not specifically a part of the industrial users of the District.
C. Outdoor recreational facilities designed and intended for use by officers and employees of those industries within the District. These facilities and associated uses shall comply with all requirements of this chapter with respect to front, side and rear yard clearances. These facilities, if lighted, must be shielded away from any thoroughfares and residential districts.
(Ord. 66-103. Passed 12-19-66.)
D. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses. Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(d) Building Height. The maximum height of any building at each of the building lines shall be thirty-five feet. For each foot of setback interior to all building lines, an additional height of one foot shall be permitted, but in no event shall the total height exceed forty-five feet, except as otherwise provided in this Zoning Code.
(e) Minimum Lot Area and Lot Width. An Industrial Park District shall be required to contain a minimum of eighty acres of land area.
All buildings or structures permitted in the Industrial Park District shall be located on a lot having a minimum area of one acre and a minimum frontage on a public thoroughfare of 150 feet.
(f) Yards Required.
(1) Front yards. The depth of the front yard shall be not less than seventy-five feet on all minor streets. For lots fronting on streets shown as major thoroughfares on the Official Thorofare Plan of the City, the depth of the front yard shall be seventy-five feet plus one-half of the proposed right of way for such major thoroughfares as shown on the Official Thorofare Plan.
(2) Access barrier. Within the required front yard and adjacent to the street right-of-way line, there shall be an open and unobstructed buffer strip of thirty feet in depth. Parking of vehicles in this buffer strip shall be prohibited. Except for accessways permitted herein, such buffer strip shall contain a curb or other suitable barrier against unchanneled motor vehicle ingress or egress and shall be continuous for the entire width of the lot adjoining the street or highway right-of-way line.
(3) Accessways. No lot shall have more than two accessways to any one street or highway. The width of such accessway shall be not less than twenty feet nor more than forty feet. Insofar as practical, the use of common accessways by two or more uses shall be encouraged, to reduce the number of access points. The fronting of uses on a marginal service street shall also be encouraged.
(4) Side and rear yards. There shall be a rear yard of not less than fifty feet and two side yards, each having a width of not less than twenty-five feet. Wherever an Industrial Park District adjoins any other district, there shall be side and rear yard areas of not less than 100 feet along the lot lines of such other district, and suitable planting shall be maintained in such area. Suitable planting shall mean a planting which will reach a height of at least seven feet within a two-year period after such planting is made, and which will effectively screen the Industrial Park District from the adjoining lots of any other use district.
(5) Heliports; yards required. In addition to the yards provided herein, any heliport or part thereof lying wholly within an Industrial Park District shall provide peripheral strips, no less than 100 feet wide, interior from all building lines, and no structures above surface yard improvements or vegetation above a level of eight inches above ground shall be permitted thereon. The interior lines of such peripheral strip shall constitute the building lines of such heliports. All approach strips, landing pads and other facilities shall meet minimum requirements specified by the Federal Aviation Agency or other applicable agencies governing safe operation and procedure of aircraft.
(g) Percentage of Lot Coverage. No more than thirty percent of the lot area shall be covered by any main and accessory buildings.
(h) Off-Street Parking, Loading and Storage. Space for off-street parking of employees, customers and visitors shall be required in accordance with Chapter 1276.
(j) Certificate of Occupancy and Building Permit. A certificate of occupancy shall be applied for before any building permit is issued for the construction or change in use of a building or use of land in any Industrial Park District.
An application for a building permit and certificate of occupancy for a building or use of land shall be accompanied by:
(1) A plot plan of land or parcel of land to be used, showing dimensions, location of all existing and proposed buildings, driveways, off-street parking areas, topography, abutting streets, railroads, highways, loading and unloading areas, key map, names of adjacent property owners, watercourses and other topographic features within 200 feet of the property lines.
(2) Construction plans for all proposed buildings, walls and fences.
(3) A description of the proposed industrial operation in sufficient detail to fully describe the nature and extent of the proposed use.
(4) Plans or reports describing proposed treatment of any excess traffic condition, noise, glare, air pollution and treatment and handling of hazardous gases, liquids or other material.
(5) Plans or reports showing proposed treatment and disposal of sewage and industrial waste.
(6) Description of any fuel proposed to be used, including engineering plans for the control of any smoke which may be generated.
(7) Additional data which may be required by the Planning Commission or Board of Zoning Appeals to ascertain conformance with the requirements of this Zoning Code.
The Administrative Officer shall refer the application for the certificate of occupancy to the City Planning Commission for study and report to the Board of Zoning Appeals. Upon receiving the report from the City Planning Commission, the Board of Zoning Appeals shall approve or deny the issuance of the building permit or shall negotiate with the applicant for such proposed changes in the construction, use, storage, handling of materials or other matter which the Board may deem necessary in the best interests of the City. Upon reaching agreement with the applicant on such matters, the Board of Zoning Appeals shall issue the building permit to the applicant.
A change or changes in the physical facilities or use permitted by a building permit shall occur only after the holder of such has obtained an amendment thereto allowing such change or changes.
A certificate of occupancy for a building or use of land in this District may not be issued until the Administrative Officer finds that all of the provisions of this chapter have been met. Such certificate may be revoked by the Board of Zoning Appeals after hearing if the Board finds that the holder of the certificate has failed to comply with the development of approved plans.
(k) Streets, Sewers and Water Lines. All streets, sewers and water lines in any Industrial Park District shall meet City standards. As a condition precedent to the issuance of a certificate of occupancy, streets, sewers and water lines shall be installed or performance guaranteed in an approved manner and at grades and locations in street abutting lot lines as approved by the City Engineer. Where, however, not all or substantially all of a plot is to be utilized initially, the Board of Zoning Appeals shall authorize the postponement, until further improvements are to be made, of as much of the installation of streets, sewers and water lines and other improvements as is reasonable under the circumstances of the use to be made of the plot and the drainage and traffic problems of the area.
(Ord. 66-103. Passed 12-19-66.)
1270.18 I-U UTILITY DISTRICT.
(a) Intent. The I-U Utility District is created for use in those areas of the City where it is deemed desirable to locate an electrical utilities use. District regulations contained herein are for use only in those areas designated on the official Zoning Map as I-U.
(Ord. 66-103. Passed 12-19-66.)
(b) Permitted or Conditional Uses.
(1) Permitted uses. A building or premises may be used for the following purpose in an I-U District: electrical utility and accessory uses.
(2) Conditional uses. The following uses shall be deemed conditional uses and, upon favorable recommendation by the Planning Commission, a permit therefor may be issued by the Board of Zoning Appeals as provided in Chapter 1264: wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(c) Prohibited Uses. Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(d) Building Height. No building or structure shall exceed sixty feet in height in an I-U District, except as otherwise provided in this Zoning Code.
(e) Lot Area, Width and Yard Requirements.
(1) Lot area and width. There shall be no requirement for lot area or width in an I-U District, except that required for the appropriate use plus that which is hereinafter required for yards and necessary parking.
(2) Yards required. Yards of the following widths or depths shall be provided unless otherwise provided by this Zoning Code:
A. Front yards. The depth of the front yard shall be 100 feet, except as otherwise provided by this Zoning Code.
B. Side yards. There shall be a minimum side yard on each side of any building or structure of twenty-five feet, measured from the side lot line to the nearest building or structure. Where any use abuts a residential district, there shall be a side yard clearance of 150 feet on the side abutting such district.
C. Rear yards. There shall be a minimum rear yard of twenty-five feet. Where a rear yard abuts a residential district, such yards shall be a minimum of 150 feet.
(f) Off-Street Parking and Loading Requirements. The provisions of Chapter 1276 shall apply in the I-U District.
(h) Percentage of Lot Coverage. Buildings, together with their accessory uses in an I-U District, shall cover not more than seventy-five percent of the area of the lot. (Ord. 66-103. Passed 12-19-66.)
1270.19 FP FLOOD PLAIN DISTRICT.
(a) Intent. In the creation of the Flood Plain District, it is the intent of the City to provide reasonable regulations for the development of areas designated as special flood hazard areas per the current Flood Insurance Study for the City of Vermilion.
(Ord. 2007-25. Passed 5-21-07.)
(b) Permitted Uses. The following are permitted uses in the Flood Plain District:
(1) Agriculture and customary agricultural buildings, nurseries and greenhouses, provided that any building or enclosure in which animals are kept shall be at least 100 feet from any lot in a residential district or from any lot occupied by a dwelling, church or institution for human care.
(2) Out-of-doors or open recreational uses including public or private parks and playgrounds, golf courses, fishing lakes, boat docks and piers, but excluding amusement parks and race tracks.
(3) Boat sales and services and sale or leasing of boats and fishing equipment.
(4) Conservation and water impoundment uses.
(5) Archery range and miniature golf courses.
(Ord. 71-85. Passed 12-29-71.)
(c) Conditional Uses.
(1) The following uses shall be deemed conditional uses in the Flood Plain District and shall be permitted as provided in Chapter 1264:
A. Bed and breakfasts, only in portions of such District that are also contained within the boundaries of the Harbour Town Historic District, as defined in Section 1224.03.
(Ord. 98-27. Passed 5-4-98.)
B. Wireless telecommunications towers and related wireless telecommunications facilities.
(Ord. 99-46. Passed 10-24-99.)
(2) The following uses shall be deemed conditional uses in any Flood Plain District or portion thereof that is located solely within Erie County, and shall be permitted as provided in Chapter 1264:
A. Antiques shop.
B. Apparel store.
C. Bakery (goods for sale on premises only).
D. Bank (branch office).
E. Barber and beauty shops.
F. Bicycle repair shop.
G. Bookstore.
H. Cleaners and laundry (collection and distribution only, custom and self-service).
I. Clinics (medical and dental).
J. Dairy products store (no bottling or drive-in types permitted).
K. Delicatessen.
L. Drugstore.
M. Florist.
N. Food and grocery stores.
O. Gift shop.
P. Hardware store.
Q. Hotels and motels.
R. Jewelry store.
S. Museums.
T. Newsstand.
U. Novelty shop.
V. Offices, including professional offices.
W. Public service facilities.
X. Public uses.
Y. Real estate offices.
Z. Restaurants.
AA. Semi-public uses.
BB. Tailor shop, including pressing.
(Ord. 99-30. Passed 6-28-99.)
(d) Prohibited Uses.
(1) All residential dwellings are prohibited uses in the Flood Plain District.
(2) Uses or processes which would affect an extensive area or be contrary to the public health and welfare in the City are prohibited in this and all other zoning districts. Prohibited uses include, but are not limited to, bituminous concrete manufacturing facilities, commonly known as "asphalt plants".
(Ord. 98-87. Passed 3-1-99.)
(3) A storage unit facility used or intended for storage of personal property except by occupants of the premises in connection with their occupancy.
(Ord. 2022-5. Passed 11-21-22.)
(e) Lot Area, Width and Yard Requirements.
(1) Lot area. Each use permitted shall be located on a lot of not less than one acre.
(2) Lot width. Each lot in a Flood Plain District which abuts a road shall have a minimum width of 150 feet.
(3) Yards. Each use permitted shall have a front, side and rear yard of not less than fifty feet. Where any side or rear yard abuts a residential district, such side or rear yard shall be no less than seventy-five feet.
(g) Off-Street Parking Requirements. The provisions of Chapter 1276 shall apply in the Flood Plain District.
(Ord. 66-103. Passed 12-19-66.)
(h) Flood Damage Reduction Requirements. All development in the Flood Plain District shall comply with the flood damage reduction requirements set forth in Chapter 1460.
(Ord. 2007-25. Passed 5-21-07.)
(i) Sexually Oriented Businesses and Sweepstakes Terminal Cafes Not Permitted. Notwithstanding anything in this chapter to the contrary, no sexually oriented business, as defined in Chapter 1273, and no sweepstakes terminal cafes, as defined in Chapter 878 shall be permitted in the Flood Plain. (Ord. 2010-99. Passed 2-7-10.)
(j) Building Height. No building or structure shall exceed forty-five feet in height in a FP Flood Plain District, except as otherwise provided in this Zoning Code.
(Ord. 99-32. Passed 7-12-99.)
1270.20 PUD PLANNED UNIT DEVELOPMENT.
(a) Planned Unit Development Regulations Generally. This section shall apply to the location and maintenance of Planned Unit Developments as herein defined.
(b) Statement of Purpose. The purpose of this section is to promote the public health, safety and welfare by providing for the regulation of Planned Unit Developments. It is the intent of these regulations to provide maximum opportunity for orderly developments which will benefit the community as a whole by offering a greater choice of living environments, a complementary blending of land uses, to include community facilities and open space, and a more unified approach with respect to the mixture of uses and their adaptation to topographical and geological features, recreational opportunities and transportation needs.
(c) Planned Unit Development Defined. "Planned Unit Development" or "PUD" shall mean a development which may integrate residential, commercial and industrial facilities in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains additional requirements such as building design principles and landscaping plans.
(d) Conflict With Other Laws. Whenever the requirements of this section appear to be in conflict with other sections of this Zoning Code or with those of other existing ordinances, the provisions of this section shall prevail.
(e) District Designation. Subsequent to the approval of the Vermilion City Council as hereinafter set forth, the designation “Planned Unit Development District” may be applied to any residential, commercial or industrial developments. Upon approval of the zoning development plan, the Official Zoning Map shall be so amended. The designation shall only apply to property at the election of the property owner.
(f) Permitted Uses. Residential, commercial, manufacturing public and quasi-public uses may be separate or combined in PUD Districts, provided that the proposed uses will not adversely impact upon adjacent property or the public health, safety and general welfare and that the location of uses in the PUD is specified in the final development plan. The PUD may be comprised of one use or a combination of uses, as indicated above. There is no minimum area required for a PUD.
The amount of land devoted to a commercial and/or manufacturing use in a residential-commercial-manufacturing or residential-commercial development shall be determined by the Commission and approved by the Vermilion City Council.
(g) Disposition of Open Space. The required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area, for the use of each owner who buys property within the development, or be dedicated to a property owners' association, who shall have title to the land, which shall be retained as common open space for parks, recreation and related uses. The articles of incorporation creating the organization of the property owners' association are subject to review and approval by the Law Director and shall provide adequate provisions for the perpetual care and maintenance of all common areas. Public utility and similar easements and rights-of-way for water courses and other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a trail or similar purpose and has been approved by the Commission. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development.
The Vermilion Planning Commission shall recommend to Vermilion City Council the amount of five percent of the land included in the PUD to be conveyed to the City for park purposes. In lieu of the conveyance, the Planning Commission may recommend to City Council that the subdivider pay cash. The amount of payment shall be delineated in the subdivider/developer agreement presented to Vermilion City Council.
(h) Utility Requirements. Utilities, including telephone, cable television and electrical systems, are required to be installed underground within the limits of all PUD's. Appurtenances to these systems which can be effectively screened may be exempt from this requirement if the Commission finds that such exemption will not violate the intent or character of the proposed PUD.
(i) Special Lot Requirements. The final density of areas to be included in a PUD approved by the Planning Commission shall not exceed those currently permitted by the existing Planning and Zoning Code of the City of Vermilion of that parcel.
(j) Arrangement of Commercial/Manufacturing Uses. When PUD Districts include commercial and/or industrial uses, buildings shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with streets. Planting screens or fences shall be provided on the perimeter of the commercial and/or manufacturing areas. The plan of the project shall provide for the integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding areas.
All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Commission.
(k) Approval Procedures. Planned Unit Development Districts shall be approved in accordance with the procedure set forth in subsection (m) hereof. The designation of PUD's will be considered a change of zoning and must meet all the applicable provisions of this Zoning Code.
(l) Pre-Application Meeting. The developer shall meet with the Building Inspector and the City Engineer prior to the submission of the conceptual development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this section and the criteria standards contained herein and to familiarize the developer with zoning and other applicable regulations.
(m) Preliminary Development Plan Application Requirements. An application for preliminary PUD approval shall be filed with the Building Inspector by at least one owner of property for which the PUD is proposed. The procedure for approval shall be the same as an amendment to this Zoning Code, as detailed in subsection (t) hereof. The filing of a conceptual development plan under this section shall constitute the election by the property owner to submit the property described in the plan to provisions of this chapter and shall constitute an application for rezoning the property to the PUD District. All plans prepared and submitted must be prepared by a registered engineer, surveyor or architect. At a minimum, the application shall contain the following information filed in triplicate:
(1) Name, address and phone number of the applicant;
(2) Name, address and phone number of the registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;
(3) Legal description of the property;
(4) Present use(s);
(5) Present zoning district;
(6) Identification of any area within a floodplain;
(7) A vicinity map at a scale approved by the City Engineer showing the property lines, streets, existing and proposed zoning and such other items as the City Engineer may require;
(8) A conceptual development plan submitted to the City with one drawing being a minimum size of 24" x 36" and the overall plans should be scaled at a maximum of one inch equals 100 feet showing the general location and type of residential, commercial and industrial land uses, the layout and dimensions and names of existing and proposed streets, rights-of-way, utility easements, parks and community spaces; the layout and dimensions of lots and building setback lines, general location of buildings, and such other characteristics as the Commission may deem necessary;
(9) Proposed schedule for the development of the site;
(10) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two years;
(11) A fee as established by ordinance passed by the Vermilion City Council;
(12) A list containing the names and mailing addresses of all owners of property within 300 feet of the property in question; and
(13) Verification by at least one owner of the property that all information in the application is true and correct to the best of his or her knowledge. The application for a conceptual PUD shall be accompanied by a written statement by the developer setting forth the reasons why, in his or her opinion, the PUD would be in the public interest and would be consistent with the stated intent of these PUD requirements.
The application for a preliminary PUD shall be accompanied by a written statement by the developer setting forth the reasons why, in his or her opinion, the PUD would be in the public interest and would be consistent with the stated intent of these PUD requirements.
(n) Criteria for Commission Recommendation. Before making its recommendation, the Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
(1) The proposed development can be initiated within two years of the date of approval.
(2) The streets proposed are suitable and adequate to carry anticipated traffic and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD.
(3) Any proposed commercial or industrial development can be justified at the location proposed.
(4) Any exception from standard district requirements is warranted by design and other amenities incorporated in the development plan, in accordance with these PUD requirements and the need to provide a variety of housing opportunities with regard to type and price.
(5) The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
(6) Proposed design shall consider the removal of minimal natural coverage and in all cases reflect conservatory measures relating to open space.
(7) The PUD will not be hazardous or disturbing to existing or future neighboring uses.
(8) The PUD will be a substantial improvement to property in the immediate vicinity and to the community as a whole.
(9) The PUD will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal or schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.
(10) The PUD will not involve uses, activities, processes, materials, equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Planning Commission may require studies, such as a traffic study, to be provided to ensure the concerns noted above can be addressed.
(11) The PUD will encourage development as close as possible to existing settlements to keep the cost of providing service down.
(12) The PUD will provide adequate access for emergency vehicles and for those persons providing emergency services.
(13) The PUD will provide adequate security lighting for pedestrian circulation paths, vehicular use areas and exterior portions of buildings.
(14) The design of the PUD will encourage the use of the existing road system presently maintained by the authority having jurisdiction to minimize the additional maintenance expense of new development and to ensure that new development is adequately served by the transportation network.
(15) The PUD will be consistent with the intent and purposes of this section.
(o) Development Policies.
(1) Density.
A. The maximum density for a proposed residential development shall be based on site specific review and on the compatibility with adjacent uses.
B. Where increased densities are located adjacent to existing buildings, the building setback must be increased to minimize any adverse impact of the proposed development.
(2) Height criteria.
A. Architectural compatibility. The heights of all buildings must be compatible with their vicinity.
B. General character. The heights of the buildings should be in general compliance with district regulations for a similar type of land use.
C. Scenic values. Buildings should be of such heights so as not to destroy or degrade the scenic values of the surrounding area.
D. Light and air. Buildings shall not be of such heights so as to deny light and air to surrounding properties.
(p) Site Design. The City hereby finds that it is in the public interest for all sites within the community to be designed, arranged and developed in a safe, efficient and aesthetically pleasing manner. The arrangement of all functions, uses and improvements should reflect the natural capabilities and limitations of the adjacent property. The various structures, use areas, functions and elements of the site should be integrated by design into a unified whole, except in those cases where separation is appropriate to a particular interrelationship. Taking into consideration the basic character of the site and the nature of the proposed uses, the development should be visually harmonious as perceived from both within and without.
(1) Integration and separation. It is encouraged that those elements and functions of a site that are basically compatible with one another be integrated by design to the degree of their compatibility and separated to the degree of their incompatibility.
(2) Privacy. It is encouraged that all sites be arranged so as to provide privacy for the occupants of both the site and surrounding areas.
(3) Aesthetics. It is recommended that the site be developed in such a way so as to be visually harmonious when viewed either internally or externally.
(4) Vistas. It is encouraged that the site be developed in such a way so as to preserve or enhance vistas, particularly those seen from public places.
(q) Placement of Structures.
(1) Clear vision area. No structure or foliage shall extend into a clear vision area between the height of three feet and seven feet measured from the top of the curb, or where no curb exists, from the established street center line grade. The clear vision areas shall be as follows:
A. Intersection or driveways and public rights-of-way. A triangle having two sides ten feet long and running along the driveway and public right-of-way, said length beginning at their intersection and the third side formed by a line connecting the two ends.
B. Intersection of two public rights-of-way. A triangle having two sides thirty feet long and running along each public right-of-way, said length beginning at their intersection and the third side formed by a line connecting the two sides.
(2) Placement of Structures.
A. Adverse effects. No structure shall be placed in such a way so as to adversely affect adjacent ownerships. Adverse effects shall include, but not be limited to, the removal of lateral support, the creation of hazard, nuisance, danger or inconvenience, unreasonable loss of light and air, or loss of privacy.
B. Snow storage areas. Buildings shall be placed in such a manner as to allow access to public rights-of-way. Snow storage easements shall be dedicated where appropriate.
(s) Submission of Zoning Development Plan. After approval of the conceptual development plan in accordance with the provisions of this chapter, the developer shall submit a zoning development plan to the Building Inspector. The zoning development plan shall be in general conformance with the conceptual development plan. Eight copies of the zoning development plan shall be submitted to the Building Inspector. Two copies shall be forwarded to the City Engineer for his or her review and comments. Copies will be forwarded from the City Engineer to the applicable agencies for comments.
(t) Zoning Development Plan Application Contents. An application for approval of the zoning development plan shall be filed with the Building Inspector by at least one owner of property for which the PUD is proposed. Each application shall be signed by the owner, attesting the truth and exactness of all information supplied on the application for the zoning development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two years from the date of issuance of the approval. At a minimum, the application shall contain the following information:
(1) A survey of the proposed development site, showing the dimensions and bearing of the property lines, area in acres, topography, and existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses.
(2) All the information required on the conceptual development plan; the location and sizes of lots, and the location and proposed density of dwelling units; nonresidential building intensity; and land uses considered suitable for adjacent properties.
(3) A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streets capes; a tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; estimated non-residential population; anticipated construction timing for each unit; and standards for height, open space, building density, parking areas, population density and public improvement, whenever the applicant proposes any exception from standard zoning district requirements or other resolutions governing development.
(4) A signed declaration from the applicant and registered project engineer acknowledging receipt of the City of Vermilion codified ordinances and standards regarding the construction of necessary water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvements; and the nature and extent of earth work required for site preparation and development. The aforementioned declaration must include a statement of certification that all future improvements and utility plans will be designed and constructed according to the City standards and approved by the City Engineer.
(5) Site plans, showing building(s), various functional use areas, circulation and their relationship.
(6) Landscaping plans.
(7) Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained.
(8) A filing fee as hereby established by this section of two hundred fifty dollars ($250.00). Other fees are regulated under Section 1242.07.
(u) Action by Vermilion City Council. The Vermilion City Council shall either approve, approve with supplementary conditions, or disapprove the zoning plan as submitted and recommended by the Vermilion Planning Commission. If the application is approved as submitted or approved with conditions, the Vermilion City Council shall direct the Building Inspector to issue zoning permits in accordance with the approved plan and any conditions thereto attached. The zoning development plan shall further be considered as an integral part of the rezoning amendment and, except as provided in paragraph (x)(2) hereof, no change from or substantive alteration in such PUD shall be permitted without repetition of the procedures in these sections.
(v) Supplementary Conditions and Safeguards. In approving any PUD application, the Vermilion City Council may prescribe appropriate conditions and safeguards in conformity with this section. Any violation of such conditions or safeguards, which have been made part of the terms under which the final development plan has been approved, shall constitute a violation of this section and be punishable as such.
(w) After approval of the zoning development plan for a PUD District, no person, firm or corporation proposing to lay out or have laid out, within the territorial jurisdiction of these Regulations, a Planned Unit Development, shall proceed with any construction work on the proposed subdivision, including grading, before obtaining from the Commission the approval of the preliminary plan of the proposed subdivision, as required by Chapter 1244 - Procedure of Subdivision Approval Generally of the Codified Ordinances of Vermilion. The applicant is permitted but not required to make application under Chapter 1244 of the Codified Ordinances of Vermilion concurrently with submission of conceptual development plan but any approval of such submission is also contingent upon final approval of the PUD zoning development plan and zoning change of the Vermilion City Council.
(x) Expiration and Extension of Approval Period. The approval of a zoning development plan for a PUD District shall be for a period not to exceed two years to allow for preparation and recording of the required subdivision plat and development of the project. An extension of the time limit or modification of the approved zoning development plan may be approved if the Vermilion City Council finds that such extension is not in conflict with the public interest. No zoning amendment passed during the time period granted for the approved final zoning development plan shall in any way affect the terms under which approval of the PUD was granted.
(y) Changes in the Planned Unit Development. A PUD shall be developed only according to the approved and recorded zoning plan and all supporting data. The recorded zoning plan and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assigns, and shall limit and control the uses of premises (including the internal use of buildings and structures) and the location of structures in the PUD, as set forth therein.
(1) Major changes. Changes which alter the concept or intent of the PUD, including increases in the density, changes in the location and types of nonresidential land uses, increases in the height of buildings, reductions of proposed open space, more than a zero percent modification in proportion of housing types, changes in road standards or alignment, utilities, water, electricity and drainage, or changes in the final governing agreements, provisions or covenants, and a fifteen percent decrease in density, may be approved only by submission of a new conceptual plan and supporting data and following the conceptual approval steps and subsequent amendment of the zoning PUD plan.
(2) Minor changes. The Building Inspector and the City Engineer may approve changes in the PUD which do not change the concept or intent of the development, without going through the conceptual approval steps, and if approved by the Vermilion Planning Commission.
(Ord. 99-54. Passed 2-22-00; Ord. 2006-13. Passed 4-17-06.)