Vermilion City Zoning Code

CHAPTER 1272

Supplemental Use, Height, Area and Yard Requirements

1272.01 ESSENTIAL SERVICES.

Essential services shall be permitted in all districts.

(Ord. 66-103. Passed 12-19-66.)

1272.02 BASEMENT DWELLINGS.

No basement shall be used as a temporary dwelling.

(Ord. 66-103. Passed 12-19-66.)

1272.03 HOUSE TRAILERS.

Unless otherwise provided in this Zoning Code, the parking of a house trailer in any district is hereby prohibited, except that one trailer may be parked or stored on a lot provided that no living quarters shall be maintained or any business practiced therein, and further provided that such trailer shall conform to the setback and yard requirements of the district in which it is placed.

(Ord. 66-103. Passed 12-19-66.)

1272.04 CONSTRUCTION TRAILERS.

A trailer used for construction headquarters or for the storage of materials used during construction may be parked at a construction site for a period not to exceed six months, upon the securing of a permit therefor. Such six month period shall be renewable at the option of the Administrative Officer. Such trailer need not meet the setback requirements of the district in which it is placed.

(Ord. 66-103. Passed 12-19-66.)

1272.05 SWIMMING POOLS.

A swimming pool located outside of a completely enclosed building and normally capable of containing water to a depth at any point greater than one foot, exclusive of portable swimming pools with a diameter less than twelve feet or with an area of less than 100 square feet, shall not be allowed in any A or R District except as an accessory use. All swimming pools shall comply with the provisions of Chapter 1476 of the Building and Housing Code.

(Ord. 66-103. Passed 12-19-66.)

1272.06 RIFLE AND SKEET RANGES.

By permission of the Board of Zoning Appeals, outdoor rifle and skeet ranges may be permitted in A-1, R-1 and Flood Plain Districts, subject to conditions imposed by the Board of Zoning Appeals.

(Ord. 66-103. Passed 12-19-66.)

1272.07 DWELLINGS ON SMALL LOTS.(REPEALED)

(EDITOR’S NOTE: Former Section 1272.07 was repealed by Ordinance 2005-56, passed August 15, 2005.)

1272.08 CARPORTS.

(a) Minimum side yard requirements for the construction of carports shall be as provided elsewhere in this Zoning Code.

(b) Minimum rear yard setback requirements for the construction of carports shall be not less than ten feet.

(d) Drainage is to be such that downspouts do not drain onto adjacent property.

(e) No carport shall be constructed on an area that is less than 600 square feet. (Ord. 73-69. Passed 7-23-73.)

1272.09 FENCES.

(a) All fences constructed within residential areas of the City shall conform to the following standards:

(1) Along the street line and to the front line of the building located nearest to such street, no fence shall exceed three and one-half feet in height.

(2) Along the property rear lot line and side lines to the front line of the building located nearest to each street, no fence shall exceed seven feet in height.

(b) Fences may be erected adjacent to the property line, except that no living fence such as a hedge or bush-type fence shall be permitted within three feet of any road right of way or sidewalk.

(d) This Zoning Code shall have no application to junkyard enclosures referred to in any other City ordinance.

(e) Fences other than living fences shall be deemed a structure within the purview of the Building Code of the City and shall require a building permit.

(f) Nothing in this section shall be interpreted so as to have application to land used for agriculture purposes.

(g) A living fence, as referred to in this Zoning Code, shall mean a bridge, bush- type fence or other type of enclosure formed from herbage, bushes or other similar living plant life.

(Ord. 66-103. Passed 12-19-66.)

(h) All fences shall be erected so that the finished side of the fence faces the adjoining property or properties.
(Ord. 94-81. Passed 10-17-94.)

(i) No fence, wall, or hedge shall be permitted to encroach upon public rights-of- way or easements or no build zones. The fence, wall, or hedge shall not be located so as to adversely affect the vision of drivers on the public streets or from driveways intersecting public streets.

(j) The height of a fence shall be measured from the established grade line to the highest point of the fence including posts and finials. The height of the fence may not be artificially increased by the use of mounding unless otherwise required by the zoning district regulations.

(k) No solid fence should be erected in a manner that will obstruct the natural drainage or will create a standing water condition.

(l) All fences shall be constructed in a secure and safe manner. Stone, brick, and block walls must be permanently adhered or mortared.

(m) Any stone, brick, block or concrete fence greater than 36 inches in height will require an engineered drawing to specify the construction method.

(n) Any fence serving to completely enclose any portion of a property must be provided with at least one (1)-36 inch access gate.
(Ord. 2005-30. Passed 6-20-05.)

1272.10 FILLED LAND.

Any land created by filling of a water area not shown as zoned on the Zoning Map shall be construed to have the same zoning as the land to which it is attached or nearest. (Ord. 66-103. Passed 12-19-66.)

1272.11 DETACHED GARAGES.

(a) Minimum side yard requirements for the construction of detached garages shall be provided elsewhere in this Zoning Code.

(b) Minimum rear yard requirements for the construction of detached garages shall be not less than ten feet. (Ord. 89-36. Passed 7-17-89.)

(c) Maximum height for the construction of detached garages shall not exceed fifteen feet or the height of the primary structure, or whichever is the lesser amount.

(Ord. 01-4. Passed 2-19-01.)

(d) Drainage is to be such that downspouts do not drain onto adjacent property. (Ord. 89-36. Passed 7-17-89.)

(e) No detached garage shall be constructed that is more than 768 square feet.

(f) No detached garage in combination with all other accessory buildings shall exceed thirty percent of all rear yard coverage.

(Ord. 01-4. Passed 2-19-01.)

1272.12 UTILITY BUILDINGS.

(a) In an A-1 District utility buildings shall not be larger than 7.5 percent of the rear yard, and the height shall not exceed 135 percent of the side of least dimensions; in all other zoning districts utility buildings shall not exceed 320 square feet and shall not exceed twelve feet in maximum height or the height of the primary structure, or whichever is the lesser amount.

(Ord. 01-4. Passed 2-19-01.)

(b) Utility buildings are to be located in the rear yard in such manner that there is no drainage onto adjacent property.

(Ord. 73-70. Passed 7-23-73.)

(c) The rear yard minimum setback for utility buildings shall be five feet. The side yard setback shall be the same as is required for the main building, except in an RS Special Residence District, wherein a six foot side setback is required.

(Ord. 73-92. Passed 11-19-73.)

(d) No utility buildings in combination with other detached garages or accessory buildings shall exceed thirty percent of all rear yard coverage.

(Ord. 01-4. Passed 2-19-01.)

(e) The use of a metal shipping container or temporary storage container, as defined in Section 1272.17, as a permanent utility/accessory building is strictly prohibited.

(Ord. 2018-60. Passed 10-22-18.)

1272.13 HEIGHT OF BUILDINGS AND STRUCTURES.

Church spires, belfries, cupolas, domes, aerials, monuments, water towers, chimneys, flues, flagpoles, parapet walls, elevator bulkheads, fire towers, silos, one-story penthouses, water tanks or necessary mechanical appurtenances may be erected to any lawful and safe height, provided that such structures shall not have an aggregate area greater than twenty-five percent of the area of the roof upon which they rest and further provided that their height projected on the ground in any direction is within the limits of the lot and does not project on other premises. Where such structures exceed forty-five feet from the ground, they shall be properly lighted so as not to interfere with aerial navigation.

The building height limitations of this Zoning Code shall not apply to churches, synagogues and other places of worship, parish houses, convents, Sunday schools, college buildings, school buildings, libraries, museums, art galleries, sororities, fraternities, clubhouses, recreation buildings, community buildings, hospitals, sanitariums, public buildings, railroad stations, bus stations, air travel stations and buildings specifically designed for watershed protection or conservation of soil or water, provided that such buildings shall set back from all lot lines, in addition to any other required setback imposed in the district in which they propose to locate, one foot for each one foot of height in excess of forty-five feet, measured from the grade at the front of the building to the line of the eaves of such building.

(Ord. 66-103. Passed 12-19-66.)

1272.14 AREA AND YARD REQUIREMENTS.

(a) No lot, yard, parking area or other open space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this Zoning Code. If already less than the minimum required by this Zoning Code, such area or dimension shall not be further reduced.

(b) Except as otherwise specified in this Zoning Code, yards and courts required by this Zoning Code shall be open and unobstructed to the sky.

(c) Cornices and eaves may project not to exceed three feet over any minimum required yard, provided that any such projection shall be at least five feet from any lot line.

(d) Sills, leaders, belt courses and similar ornamental structures may project six inches over any minimum yard or court. An open fire balcony, fire escape or fire tower may project five feet over any yard.

(e) In residential districts, any bay window, oriel, entrance, vestibule, chimney or balcony which is not more than ten feet in width, may project not more than three feet into any front, side or rear yard, provided it shall be no closer than five feet to the side lot line. An open porch or stoop may extend into any side yard in residential districts, provided it does not come nearer to the side lot line than five feet (except on a corner lot, where it shall not come nearer than fifteen feet to the side street line), and into any rear yard ten feet, provided it does not come nearer to the rear lot line than fifteen feet in business, commercial or industrial districts. There shall be no show window or projection beyond the building line.

(f) If any business, commercial or industrial districts, a chimney, smokestack, flue or elevator shaft may project into any rear yard, provided the horizontal section of the projection does not exceed twenty square feet.

(g) Walks and driveways may occupy any yard area.

(h) For lots abutting on a thoroughfare shown on the Official Thorofare Plan of the City, the front yard shall be measured from the proposed right-of-way line specified for that thoroughfare of the Plan.

(i) Lots having frontage on two intersecting streets shall contain the required front yards on both streets.

(j) In any agricultural or residential district, no building shall be erected, reconstructed or altered nearer to the street line on which it faces than the average setback observed by the building on the same side of the street and fronting thereon within the same block at the time of the passage of this Zoning Code (Ordinance 66-103, passed December 19, 1966).

(k) Where there are buildings on only one side of a street within a block at the time of the passage of this Zoning Code, the setback line for the unoccupied side shall be the same as that established on the occupied side as hereinbefore provided, except that no building shall be required to set back from the street a greater distance than the setback line for the district.

(Ord. 66-103. Passed 12-19-66.)

1272.15 TEMPORARY STRUCTURES.

(a) The building inspector is authorized to issue a permit for temporary structures. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. For demonstrated cause, the building inspector is authorized to extend such permit one time for a period not to exceed 180 days.

(b) In residential districts, no temporary structures will be permitted in front yards.

(d) Temporary structures shall conform to the applicable structural strength, fire safety, means of egress, light, ventilation and sanitary requirements of Vermilion’s Codified Ordinances, and must be secure to ensure the public health, safety and general welfare.

(e) The building inspector is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the NEC Electrical Code.

(f) The building inspector is authorized to terminate the permit for a temporary structure, and to order the removal of the temporary structure for non compliance of the code.

(g) Port-a-johns.

(1) No porta-a-johns are permitted in a residential district unless there is an open active building permit at the property pertaining to new construction or plumbing.

(2) Any porta-a-john permitted to be placed as per this zoning code for more than thirty days must be screened on three sides from public view. Porta-a-johns that are placed for construction purposes are exempt from this regulation.

(3) Porta-a-johns placed for short term, i.e. festivals, car shows, etc. are exempt from the above regulations.

(4) All porta-a-johns must be kept in a sanitary condition.

(Ord. 2005-4. Passed 2-28-05.)

1272.16 VACANT LOT STORAGE.

(a) No vehicle shall be permitted to be stored on any vacant lot in any residential area, with the exception of residential areas where agriculture is an allowed use to allow the storage of farm equipment only.

(Ord. 2010-48. Passed 11-8-10.)

(b) For the sake of this section of the Codified Ordinances of the City of Vermilion a vacant lot is any parcel located within the boundaries of the City of Vermilion without a primary permitted use.

(c) Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(Ord. 2006-80. Passed 3-19-07.)

1272.17 TEMPORARY STORAGE CONTAINERS

(a) Definitions. Temporary Storage Containers means any container, enclosure, structure, portable on-demand storage device (POD), metal shipping container, mobile storage unit, and any other device which is designed to be portable and transportable, commonly used to store home furnishings and other personal items on a temporary basis during a time of home repair, construction, renovation or relocation. Temporary storage containers do not include self-propelled motor vehicles or moving vans.

(b) Permit Required. No temporary storage container shall be placed upon any residential property without first obtaining a zoning permit from the Building Department.

(1) Applications for a zoning permit for a temporary storage container shall be in writing on forms provided by the Building Department and shall include the following:

A. Name and address of the property owner;

B. Description of the container, including size and dimensions;

C. A plan, drawn to scale, showing the proposed location of the container.

(2) The fee for a zoning permit for a temporary storage container shall be $25.00.

(1) Only permitted on a property containing an existing residential dwelling, or a residential dwelling under construction, renovation or repair and where a valid building permit has been issued.

(2) Shall be located in the driveway, as close to the house as possible. If located for a residential construction project where a driveway is not yet installed, the container shall be located in the proposed driveway location.

(3) Shall not be located in the right-of-way or on the street.

(4) Shall not block a public sidewalk.

(5) No electric or plumbing service shall be connected to or provided in the temporary storage container.

(6) Human or animal habitation is prohibited in a temporary storage container.

(7) Only one shall be placed on a property at one time.

(8) Maximum size permitted is eight feet (8') in width by eight feet (8') in height by sixteen feet (16') in length.

(9) Temporary storage containers are permitted to remain on a property for a period not to exceed thirty (30) days within a calendar year. The Building Inspector has the authority to grant one thirty (30) day extension, without additional fee, if the property owner requests the extension prior to the expiration of the original thirty-day period and shows just cause for the extension.

A. Temporary storage containers placed on a property for a construction project are permitted to remain for the duration of the project, but shall be removed from the property within seven (7) days of completion of the project and issuance of a Certificate of Occupancy/Completion or upon expiration of the building permit.

(d) Public Nuisance. No temporary storage container shall be located in such a manner on any property as to create a public nuisance such as, but not limited to, creating a motor vehicle visibility issue or storing hazardous materials.

(e) Storage Containers on Commercial/Industrial Properties. Storage containers are permitted on any developed commercial or industrial property, without a zoning permit, for temporary or permanent on-site storage.

(1) Storage containers should be screened from public view.

(2) Storage containers are not permitted to occupy required off-street parking spaces.
(Ord. 2018-60. Passed 10-22-18.)