This section includes development standards, which are in addition to, or a further explanation of the development standards outlined for each zoning district in Section 3, Zoning District Designation, Uses and Standards, of this appendix.

   A.   Except hereinafter provided, no building or structure shall be erected, altered, enlarged or reconstructed unless such erection, alteration, enlargement, or reconstruction conforms with the lot and yard standards of the district in which it is located, as follows:

      1.   Front Yard Setbacks: The minimum shall be as noted in Section 3 of this appendix.

      2.   Side Yard Setbacks: The minimum shall be as noted in Section 3 of this appendix.

      3.   Rear Yard Setbacks: The minimum shall be as noted in Section 3 of this appendix.

   B.   In the case of a through-lot, the area at each end of the lot between the street and setback lines shall be considered a front yard.

   C.   On corner lots, the front yard setback shall be as specified in 4.2.A. The side yard corner setback shall be 2/3 of the minimum front yard setback for the side street classification.

   A.   No structure may be erected or changed so that its height is greater than specified in its applicable Zoning District in Section 3, except as noted below. Exceptions to height standards include:

      1.   Church steeples;

      2.   Municipal water towers;

      3.   Elevator enclosures;

      4.   Flagpoles;

      5.   Chimneys;

      6.   Smokestacks;

      7.   Parapet or fire walls;

      8.   Residential television aerials, satellite dishes, or similar equipment; and

      9.   Enclosures for mechanical, electrical, ventilating, or similar equipment required for operation and/or maintenance of the structure.

   A.   Accessory structures shall comply with all development standards for the subject zoning district. Also, no accessory structures shall encroach on any platted or recorded easement.

   B.   Accessory structures are not permitted on a lot prior to any primary structure being constructed except where the accessory structure is being used for agricultural purposes. Accessory structures also shall relate to the primary structure and its uses.

   C.   1.   Any accessory structure having a building footprint exceeding 400 square feet in area shall be considered a primary structure for the purpose of setbacks.

      2.   The following accessory structures are permitted, but must adhere to all applicable standards:

         a.   Agricultural buildings;

         b.   Antennas or satellite dishes less than 24 inches;

         c.   Arbors, trellises, or similar construction;

         d.   Athletic courts;

         e.   Bath houses or saunas;

         f.   Carports;

         g.   Decks;

         h.   Garages;

         i.   Gazebos;

         j.   Greenhouses, private;

         k.   Hottubs;

         l.   Mini barns;

         m.   Play equipment;

         n.   Pole barns;

         o.   Sheds;

         p.   Storage buildings;

         q.   Swimming pools; and

         r.   Trash dumpsters.

   D.   An accessory structure shall only be located to the rear or side of the primary structure.

   E.   Trash dumpsters shall be enclosed on all four sides. The walls of the enclosure shall be a minimum of six feet tall, and shall be constructed of the same materials as a privacy fence or wall in accordance with Section 4.8.

   F.   Manufactured Home Park Accessory Structures standards:

      1.   Management offices, sales offices, storage, mini-warehouses, laundry facilities, and other structures customarily incidental to manufactured home parks shall be permitted, provided that the following criteria are met:

         a.   They are subordinate to the residential use.

         b.   They are located, designed and intended to serve only the needs of the park.

         c.   The accessory uses shall serve only the residents of the park.

      2.   Each manufactured home is entitled to one accessory structure in addition to a carport or garage. The total area of all accessory structures shall not exceed 20% of the dwelling site. Attached or detached garages and carports are to be counted toward the total accessory building area. Permitted accessory structures are as follows:

         a.   Athletic courts;

         b.   Attached/detached garages;

         c.   Decks (freestanding)/patios;

         d.   Gazebos;

         e.   Greenhouses;

         f.   Hot tubs; and

         g.   Mini barns sheds.

      3.   No Type II or Type III manufactured home may be used as an accessory structure in any district.

   A.   Temporary uses or structures that abide by all applicable development standards for the subject zoning district are permitted. The following standards also pertain to temporary uses/structures.

      1.   Transition to permanent or accessory uses/structures. Any temporary use or structure that is intended to transition into a permanent use/structure or accessory structure shall meet all standards for a permanent use/structure or accessory structure.

      2.   Duration. All temporary uses/structures shall be permitted for a maximum period of six months, unless otherwise stated in this appendix.

      3.   Permit. All proposed temporary uses/structures shall be required to have a temporary improvement location permit and will be subject to fees as adopted, unless otherwise noted in this appendix.

      4.   Cessation of use. All temporary uses/structures shall, upon cessation, be removed, including structures, elements, and debris and all alterations must be removed in order to restore the site to its original state and condition. All removals and alterations shall take place before the expiration of the permitted duration.

      5.   A petitioner shall be limited to a total of one temporary use/structure per year.

   B.   Temporary uses/structures permitted include:

      1.   Tents for a private party/event (no permit necessary).

      2.   Construction trailers (permit may be renewed one time by the Zoning Administrator with reason.) The construction trailer shall be situated at the construction site and occupied by only persons directly engaged in the supervision of the construction of the structure or development.

      3.   Tents for sales and business events within commercial districts. Maximum duration (time limit) is 15 days with permit.

      4.   Garage sale/yard sale.

         a.   As used herein "garage or yard sale" is defined as a public or private sale conducted by the owner or occupier of a premise, and conducted within a residence, garage, other accessory buildings or outside thereof, which sale is of ten or more items of personal property owned or in the possession of the owner or occupier of the premises.

         b.   A garage or yard sale may be conducted only with a permit to be issued by the Clerk-Treasurer's office. No more than two permits can be issued per premise in any calendar year. No sales shall be conducted for more than three consecutive days.

         c.   All personal property exhibited for sale outside any structure during such garage or yard sale shall be removed from the outside and placed within a structure immediately following the last day of such sale. Any automobiles or motor vehicles connected to the sale shall be parked in the driveway and not on the lawn.

         d.   All signs erected for such garage or yard sale may be erected up to 48 hours prior to the sale. All signs shall be removed within 24 hours following the last day of sale.

         e.   Such garage or yard sale shall only be conducted during the hours from 8:00 a.m. to 5:00 p.m.

   A.   Home Occupation # 1. The intent of the Home Occupation # 1 provisions is to allow minimal business practices within residential zoning districts. The intent is to permit and regulate certain business practices which have no impact on the residential character of the zoning district. To this end, the following development standards apply:

      1.   The permitted uses for Home Occupation # 1 shall be limited to small offices or operations, which have no clients, associates, employees or persons visiting, shopping, meeting, or otherwise doing business at the home location.

      2.   The home occupation shall not involve retail sales or manufacturing operations.

      3.   The home occupation shall not involve the employment of any person other than those residing at the location of the home occupation.

      4.   At least one member residing on the premises shall be the primary operator of the company.

      5.   The equipment used for the business shall be limited to computers, fax machines, telephones, copy machines, and other small business office equipment.

      6.   There shall not be any interior or exterior storage or display of products, equipment or materials used in connection with the home occupation.

      7.   No more than 15% of the total floor area of the primary structure shall be used for the home occupation.

      8.   There shall not be any interior or exterior, structural or aesthetic alterations to the dwelling unit to accommodate for the home occupation.

      9.   There shall not be any room additions or other structural/aesthetic alterations that change the residential character of the dwelling unit.

      10.   There shall not be additional entrances to the dwelling unit for the purpose of conducting business or to accommodate the business.

      11.   No use of accessory structures including attached/detached garages shall be allowed.

      12.   No traffic generation due to the business will be permitted.

      13.   No signage for the business shall be allowed.

      14.   No business practice, function, equipment, or process shall create electrical interference, odors, noise, vibration, light, smoke, or fumes.

      15.   No home occupation that requires increasing or enhancing the size, capacity, or flow of the water, gas, septic, sewer, or electrical system beyond what is standard for a residence will be allowed.

      16.   No additional parking may be added to the lot(s) the residence is located on to accommodate for the home occupation.

      17.   Use of commercial vehicles for pickup and deliveries other than from the U.S. Postal Service, UPS, and other express couriers is not permitted.

      18.   Home occupation uses that meet the above-described standards are deemed permitted.

   B.   Home Occupation #2. The intent of the Home Occupation #2 provision is to allow business practices of a higher intensity than permitted in Home Occupation #1, while preserving the residential character of the zoning district. To this end, the following development standards apply.

      1.   The use shall require approval of the Board of Zoning Appeals in accordance with the Special Exception requirements as detailed in Section 11.9.

      2.   The permitted uses for Home Occupation #2 shall be limited to domestic crafts, professional services, catalog businesses, and internet businesses, including but not limited to:

         a.   Dressmaking;

         b.   Sewing;

         c.   Weaving;

         d.   Tailoring;

         e.   Ironing;

         f.   Washing;

         g.   Computer/ internet-based sales;

         h.   Catalog order business;

         i.   Furniture repair;

         j.   Hair grooming - one chair;

         k.   Home office;

         l.   Art studio, writing studio, music studio, photography studio;

         m.   Teaching of art, writing, or music for one student at one time; or

         n.   Uses similar to those listed above as determined by the Zoning Administrator.

      3.   The following types of business shall not be permitted as a Home Occupation #2:

         a.   Medical clinics of any kind;

         b.   Funeral homes;

         c.   Tourist homes;

         d.   Animal hospitals;

         e.   Trailer rentals;

         f.   Automobile, motor vehicles, equipment repair of any kind;

         g.   Painting of automobiles, motor vehicles, or equipment of any kind;

         h.   Photo developing;

         i.   Television, radio or other electronics repair;

         j.   Tooling, welding, or machining of any kind;

         k.   Manufacturing of any kind;

         l.   Tool or equipment rental of any kind;

         m.   Restaurant or similar establishment;

         n.   Salvage operations of any kind;

         o.   Freight or trucking operations of any kind;

         p.   Contractors business;

         q.   Landscaping/lawn care business;

         r.   Retail sales; or

         s.   Manufacturing operations.

      4.   The home occupation must not involve the employment of any more than one person who is not related and does not reside at the location of the home occupation.

      5.   At least one member residing on the premises must be the primary operator of the business.

      6.   There must not be any exterior storage or display of equipment or materials used in connection with the home occupation.

      7.   No more than 30% of the total floor area of the primary structure shall be used for the home occupation.

      8.   There shall not be any exterior structural or aesthetic alterations to the dwelling unit to accommodate for the home occupation.

      9.   There shall not be any room additions or other structural/aesthetic alterations that change the residential character of the dwelling unit.

      10.   Additional entrances shall be residential in character.

      11.   Minimal traffic generation due to the business will be permitted.

      12.   A sign not exceeding two square feet in area will be allowed on the primary structure. No off-site signs or signs in the yard of the property shall be permitted.

      13.   No business practice, function, equipment, or process shall create electrical interference, odors, noise, vibration, light, smoke, or fumes.

      14.   No home occupation that demands increasing or enhancing the size, capacity, or flow of the water, gas, septic, sewer, or electrical system beyond what is standard for a residence will be allowed.

      15.   No additional parking may be added to the lot(s) on which the residence is located to accommodate for the home occupation.

      16.   Use of commercial vehicles for pickup and deliveries other than from the U.S. Postal Service, and other express couriers is not permitted.

      17.   Home occupation uses that meet the above-described standards are deemed permitted.

      18.   Uses not specifically mentioned will be interpreted by the Zoning Administrator or Plan Commission as to whether the use is permitted or not.

   A general purpose of zoning is to protect conflicting zoning districts adjacent to one another. The need for buffer standards stems from the periodic occurrence of two adjacent zoning districts conflicting or having the potential to conflict.

   A.   If a MF District is adjacent to a SR or UR district, a buffer shall be installed on the property located in the MF district. The following buffer standards shall apply:

      1.   The developer or owner of the subject property is responsible for installing the buffer yard.

      2.   One deciduous tree and one evergreen tree must be planted for every 30 feet of contiguous boundary with the conflicting district.

      3.   All trees must be planted between five to 15 feet from the property line which is contiguous to the conflicting property.

      4.   An irregular line or row of trees is preferred.

      5.   All trees must have at least a one and one-half inch caliper, be properly maintained, and be replaced if the tree dies, is diseased, or is damaged from natural causes.

      6.   An earthen berm may be established in place of the vegetative screen as described in Section 4.7 A 1-5. The minimum height, width, and shape of the earthen berm shall be determined in consultation with the Zoning Administrator.

   B.   If a GB District is adjacent to a SR, UR, or MF district, a buffer shall be installed on the property located in the GB district. The following buffer standards shall apply:

      1.   The developer or owner of the subject property is responsible for installing the buffer yard.

      2.   One deciduous tree and one evergreen tree must be planted for every 20 feet of contiguous boundary with conflicting district.

      3.   All trees must be planted between five to 15 feet from the property line, which is contiguous to the conflicting property.

      4.   An irregular line or row of trees is preferred.

      5.   All trees must have at least a one and one-half inch caliper, be properly maintained, and be replaced if the tree dies, is diseased, or is damaged from natural causes.

      6.   An earthen berm may be established in place of the vegetative screen as described in Section 4.7 B 1-5. The minimum height, width, and shape of the earthen berm shall be determined in consultation with the Zoning Administrator.

   C.   If a LI or HI District is adjacent to a SR, UR, or MF district, a buffer shall be installed on the property located in the LI or HI district. The following buffer standards shall apply:

      1.   The developer or owner of the subject property is responsible for installing the buffer yard.

      2.   One deciduous tree and one evergreen tree must be planted for every 20 feet of contiguous boundary with conflicting district.

      3.   All trees must be planted between five to 15 feet from the property line and within the subject property.

      4.   An irregular line or row of trees is preferred.

      5.   All trees must have at least a one and one-half inches caliper, be properly maintained, and be replaced if the tree dies, is diseased, or is damaged from natural causes.

      6.   An earthen berm may be established in place of the vegetative screen as described in Section 4.7 C 1-5. The minimum height, width, and shape of the earthen berm shall be determined in consultation with the Zoning Administrator.

   D.   A gravel pit and/or processing operation, mineral extraction area, borrow pit, sales barn for livestock sale, truck terminal, or wholesale produce terminal may not be located closer to an SR, UR, or MF District than 300 feet. An adult bookstore and/or adult entertainment business shall not be located within 500 feet from a residential district. A junkyard, sanitary landfill, or correctional institution shall not be located closer to such districts than 1,000 feet. Measurements shall be the shortest distance as measured between the nearest property lines for each use.

   A.   Definitions.

      1.   A fence is a man-made structure designed and constructed for enclosing one or more sides of a yard, or a portion of a yard, that is constructed of non-masonry materials.

      2.   A wall is a man-made structure designed and constructed for enclosing one or more sides of a yard, or a portion of a yard, that is constructed of masonry materials. This does not include a retaining wall intended to hold back earth due to differences in elevation on opposite sides of the wall.

   B.   Permits.

      1.   Except as noted below, no fences shall be installed without first obtaining an Improvement Location Permit from the Zoning Administrator. All applications for fences or walls shall contain a drawing for the lot, which also shows the location, material, and height of the proposed fence(s) and/or wall(s).

      2.   A permit shall not be required for repairs or replacement of parts or sections of a fence installed prior to the adoption of this appendix.

      3.   A permit shall be required for replacement of 100% of an existing fence or wall. In this case, the replacement wall or fence shall comply with all other standards of this appendix.

      4.   A permit shall not be required for the following:

         a.   A retaining wall, hedge, or other landscape planting;

         b.   Corner boundary markers that are four feet, or less, in height, and extend eight feet, or less, from the corner in two directions along the property line;

         c.   A landscaping trellis six feet, or less, in height, and 20 feet, or less, in length;

         d.   Construction fences, or similar fences, installed to provide temporary security and/or safety.

         e.   Snow fences from October 1 to April 1, only.

   C.   Materials and maintenance.

      1.   Permitted materials. All fences shall be constructed of materials customarily used for fences such as chain link, split rail, masonry, wrought iron, wood, polyinylchloride (PVC), or similar fencing material.

      2.   Prohibited materials. A fence or wall shall not be designed so as to cause pain or injury to humans or animals in residential or business districts, or areas adjoining residential or business districts. The following materials shall not be used: barbed wire, razor wire, broken glass, nails, spikes, electrically-charged wire (does not include buried, invisible, pet fences), or other hazardous materials. For the purposes of this provision, "adjoining" shall include any area separated from a residential or business district by an alley right-of-way. The use of materials such as corrugated sheet metal, pallets, plywood, particle board, OSB board, chicken wire, woven wire, welded wire mesh, temporary construction fencing, snow fencing, or other similar materials shall not be permitted.

      3.   Construction and maintenance. Fences and walls shall be constructed in a proper manner, according to standard construction practices. Fences and walls shall be maintained in good repair, including the replacement of defective parts, painting, and other acts needed for proper maintenance.

   D.   Residential district fences and walls.

      1.   Location standards.

         a.   Two foot setback from each property line, unless the adjoining property owner(s) approve in writing that the fence or wall can be closer to the property line. The written agreement shall be recorded in the Office of the Recorder of DeKalb County.

         b.   All fences and walls shall be a minimum of two feet from any public sidewalk, public property, street right-of-way, and alley right-of-way.

         c.   No fence or wall shall be installed in such a manner as to obscure the vision of drivers on public streets, highways, and alleys, or drivers exiting private driveways.

         d.   Fences along property lines containing drainage and/or utility easements shall be setback from the property line a distance equal to the width of the easement.

      2.   Height standards.

         a.   Front yards. Maximum height is up to four feet.

         b.   Side and rear yards. Maximum height is up to six feet.

         c.   Posts shall be permitted to a maximum height of one foot above the permitted fence height for the yard in which it is located.

         d.   On a corner lot, both sides of a house which face a street shall be defined as a front yard for the purposes of this section.

   E.   Commercial and industrial district fences and walls.

      1.   Location standards.

         a.   Two-foot setback from each property line, unless the adjoining property owner(s) approve in writing that the fence or wall can be closer to the property line. The written agreement shall be recorded in the Office of the Recorder of DeKalb County.

         b.   All fences and walls shall be a minimum of two feet from any public sidewalk, public property, street right-of-way, and alley right-of-way.

         c.   No fence or wall shall be installed in such a manner as to obscure the vision of drivers on public streets, highways, and alleys, or drivers exiting private driveways.

         d.   Fences along property lines containing drainage and/or utility easements shall be setback from the property line a distance equal to the width of the easement.

      2.   Height standards.

         a.   Front yards. Maximum height is up to four feet.

         b.   Side and rear yards. Maximum height is up to eight feet.

         c.   Posts shall be permitted to a maximum height of one foot above the permitted fence height for the yard in which it is located.

         d.   On a corner lot, both sides of a building which face a street shall be defined as a front yard for the purposes of this section.

   F.   Swimming pools. All districts:

      1.   Swimming pools shall have a permanent fence installed around the perimeter upon completion, and before being filled with water, except as noted below. Existing pools shall have six months to comply with this appendix.

      2.   The fence shall be a security-type fence, not less than five feet in height that completely encloses the swimming pool area.

      3.   Portable aboveground swimming pools, taken down each year, are exempt from this appendix.

      4.   The sides of aboveground swimming pools that have detachable, or removable, steps are deemed to be in compliance with this appendix, and no additional security fence is required.

      5.   The town, or its agents, commissions, and/or boards shall not be held responsible for the adequacy of the security fence, or the noncompliance of any landowner.

   G.   Hedges and boundary line shrubs. All districts:

      1.   Hedges and shrubs along the boundary lines of a property shall not be considered as fences for the purposes of this appendix. However, all hedges and shrubs shall be planted a minimum of two feet from all property lines.

      2.   No shrubs or hedges shall be permitted to grow in a manner that obscures the vision of drivers on public streets, highways, and alleys, or drivers exiting private driveways.

   A.   Intent. The purpose of these performance standards is the regulation of industrial activities as follows:

      1.   To permit potential industrial nuisances to be measured factually and objectively;

      2.   To ensure that all industries will provide methods to protect the community from hazards and nuisances which can be prevented by processes of control and nuisance elimination; and

      3.   To protect industries from arbitrary exclusion or persecution based solely on the nuisance production by any particular type of industry in the past.

   B.   Application.

      1.   These performance standards apply to land use activity in industrial and manufacturing areas. However, the standards do not apply to machinery, equipment, and facilities, which were at the site on the effective date of the appendix. Submission of the appropriate documentation to substantiate claims in this regard is the responsibility of the owner of the business.

      2.   Any use established, or changed to, and any building, structure or tract of land developed, constructed or used for, any permitted or permissible primary or accessory use shall comply with all the performance standards set forth in this section for the zoning district involved.

      3.   If any existing use or building, or other structure, is extended, enlarged, moved, structurally altered or reconstructed, or any existing use of land is enlarged or moved, the performance standards for the zone involved will be applied to that extended, enlarged, moved, structurally altered or reconstructed building or other structure or portion of it, and to that use of the land which is enlarged or moved.

   C.   Air pollution. No use on a property shall release fly ash, dust, smoke, vapors, noxious, toxic or corrosive matter, or other air pollutants in such concentration as to be detrimental to health, animals, vegetation or property, or in conflict with public air quality standards.

   D.   Glare and heat. No use on a property shall produce heat and glare in such a manner as to create a hazard or interfere with the reasonable enjoyment of a neighboring property.

   E.   Vibration. No use on a property shall cause vibrations detectable beyond the lot lines as determined by the appropriate measuring instruments.

   F.   Noise.

      1.   Noise shall be measured in decibels with a sound level meter meeting the latest standards of the American National Standards Institute (ANSI). The instrument shall be set to the "A-weighting scale" and the meter to "slow response". Measurements shall be conducted in accordance with the latest ANSI method for the physical measurement of sound.

      2.   The table below specifies noise limits that apply on or beyond the adjacent lot lines or zoning district boundaries, whichever is applicable, outside the user's property. Noises shall not exceed the maximum sound levels specified in the table. Where more than one specified sound level applies, the most restrictive will govern. Measurements shall be taken at points of maximum noise intensity.

 

 

* In any residential zone, the maximum permitted sound level shall not exceed 55 dbA between 7:00 a.m. and 9:00 p.m. and 45 dbA between 9:00 p.m. and 7:00 a.m.

      3.   As used in this subsection, the term "Adecibel" (or abbreviated dbA) is a unit, expressed on a logarithmic scale, for measuring the relative intensity of sounds, ranging from 0 to 130, for the average pain level experienced by the human ear. Also, the term "Asound level meter" means an electronic instrument that includes a microphone, output meter and amplifier, and measures sound pressure levels.

   G.   Fire hazards.

      1.   Solid substances ranging from free or active burning to intense burning may be stored, used, or manufactured only within completely enclosed buildings having the appropriate fire-rated exterior walls and roof as defined in the current, applicable building code and protected throughout by an automatic fire extinguishing system.

      2.   The storage, utilization, or manufacture of flammable liquids or materials, which produce flammable vapors or gases, shall be permitted in accordance with the rules and regulations of the State Fire Marshal. A certificate of compliance, issued by the State Fire Marshal's Office, stating that the plans and specifications for a light or general industrial use comply with the rules and regulations of the State Fire Marshal shall accompany the application for an Improvement Location Permit.

      3.   As used in this subsection, the term:

         FREE BURNING. A rate of combustion described by a substance that burns actively and easily supports combustion.

         INTENSE BURNING. A rate of combustion described by a substance that burns with a high degree of activity and is consumed rapidly.

   H.   Detonation materials. 

      1.   No activity involving the storage, use or manufacture of materials that decompose by detonation may be carried on except in accordance with the rules issued by the State Department of Fire Prevention and Building Safety.

      2.   These materials include primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and their components, such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products, and reactor elements such as uranium 235 and plutonium 239.

   I.   Electrical disturbance. No use on a property shall cause electrical disturbances adversely affecting radio, television or other equipment on other properties.

   J.   Odor. No use on a property shall emit across lot lines any gas or matter with a bad odor in such quantity as to be readily detectable at any point along these lines.

   No land shall be used or structure erected where the land is unsuitable for such use or structure due to adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, and general welfare of the community. In addition, the following standards must be met:

   A.   Surface water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use other than for agriculture to provide for adequate surface water drainage. Existing natural surface drainage should be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate the owner shall provide the parcel with an adequate surface water drainage system, which shall be integrated into the drainage pattern of the surrounding properties. Swales are required to be placed in an easement to prohibit future filling or construction over them. On-site detention or retention for a 100-year storm event shall be required unless a written statement by the DeKalb County Surveyor or the DeKalb County Drainage Board states that it is not necessary to prevent harm to adjoining properties. All drainage plans shall be reviewed and approved by the DeKalb County Surveyor and/or DeKalb County Drainage Board. The Waterloo Plan Commission shall have final approval.

   B.   Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the Zoning Administrator, DeKalb County Highway Department, the DeKalb County Drainage Board, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency. The Waterloo Plan Commission shall have final approval.

   C.   Permanent structures. No permanent structures may be erected within 75 feet of the center line of any regulated tile drain, or within 75 feet of the existing top of bank of any regulated open drain, unless approved by the DeKalb County Surveyor and/or DeKalb County Drainage Board.

   D.   Preservation of natural/historic features. Existing natural and historic features which would add value to development of natural or man-made assets of the city such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, when possible, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize storm water runoff, and conserve the natural cover and soil.

   E.   Cut/fill grade. No cut or fill grade shall exceed a slope of 3:1 or 33-1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.

   F.   Erosion prevention. All land disturbing activity shall comply with all applicable erosion control laws. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within 30 days after the removal or destruction of said natural cover to prevent erosion.

   G.   Alterations to shoreline. No alteration of the shoreline or bed of a stream, regulated drain, or public lake shall be made until written approval is obtained from the appropriate regulatory authority, and the provisions of this appendix are complied with. Alterations include, among other things, filling of a stream, regulated drain, or wetland, dredging of a streambed, bank, or riverbed, and ditch excavation within one half mile of a water body.

   H.   Retention, detention, and pond edges. All retention, detention, and pond edges must be maintained with a buffer of natural plantings within a horizontal distance of 20 feet of the peak elevation. The use of "rip-rap" or any other engineered hard edges are not permitted except around inlets and outlets. However, the use of "rip-rap" or any other engineered hard edges shall not exceed 5% of lineal feet of the total edge of any retention facility, detention facility, or pond.

   I.   Code compliance/hazardous waste. All development must be in compliance with I.C. Title 13, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable chapters of said Title.

   J.   Code compliance/environmental quality. All development must be in compliance with I.C. Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable chapters of said Title.

   K.   Waste disposal. No waste materials such as garbage, rubbish, trash, construction material, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to runoff, seep, or wash into surface or ground water.

   L.   Fuel storage. No highly flammable or explosive liquids, solids, or gasses specified by the State Fire Marshal shall be stored in bulk over five gallons above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel.

   M.   Debris/refuse. Debris, refuse, trash, construction material, garbage, litter, unfinished buildings, and rotting wood shall not accumulate on any property, in any zoning district.

   N.   Treatment of fill. Material used for fill where permitted by this appendix and/or by the IDEM, IDNR, or other governmental agency, shall be promptly covered and seeded.

   O.   View requirements. Where a proposed structure will eliminate more than 50% of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Zoning Administrator so that a 50% view or exposure may be maintained.

   P.   Improvement location permit/building permit requirements. The following activities are permitted with no Improvement Location Permit/Building Permit required, provided all other applicable standards are met.

      1.   Normal plowing and preparing the land for farming, gardens, and yards.

      2.   Normal trimming and/or removal of trees and shrubs for maintenance and/or site preparation.

      3.   Earth movements related to farming and other agricultural activity.

      4.   Drain tile laying and ditch cleaning.

   Q.   Projects affecting regulated drains. Regulated drains are under the jurisdiction of the DeKalb County Drainage Board. The DeKalb County Drainage Board or DeKalb County Surveyor shall review and approve all development or projects directly affecting a regulated open ditch or tile per I.C. 36-9-27-13 of the Indiana Drainage Code.

   A.   Single-family residential and two- family residential. Four paved off-street parking spaces are required per dwelling unit. These off-street parking spaces may include spaces within carports or garages. Off-street parking spaces may not fully or partially be in a public right-of-way or utility easement. Each space must be at least eight feet wide and 16 feet in length.

   B.   Multi-family residential. Two paved off-street parking spaces are required per dwelling unit. These off-street parking spaces may include spaces within carports or garages. Off-street parking spaces may not fully or partially be in a public right-of-way or utility easement. Each space must be at least eight feet wide and 16 feet in length.

   C.   Commercial, industrial, institutional. All parking lots for commercial, industrial, institutional, business, public and private employee parking, offices, organizations, and places of assembly shall be paved with asphalt, concrete, gravel, stone, or other materials approved by the Plan Commission. Dirt, sand or grass is not permitted as a parking surface. These parking areas shall also conform to the following requirements:

      1.   Parking lots shall be located a minimum of:

         a.   Ten feet from the front lot line or right-of-way on a primary or secondary arterial;

         b.   Five feet from the front lot line or right-of-way on a collector or local road;

         c.   Five feet from the side lot line; and

         d.   Five feet from the rear lot line.

      2.   Parking spaces shall be a minimum of nine feet by 18 feet and be striped so as to show each parking space.

      3.   Parking aisle widths shall be as follows:

         a.   90 degree angle space - 24' wide parking aisle;

         b.   60 degree angle space - 18' wide parking aisle; and

         c.   45 degree angle space - 14' wide parking aisle.

      4.   Be designed as to prevent vehicles from having to maneuver in the public right-of-way.

      5.   Be constructed to allow proper drainage.

      6.   Parking spaces shall be located either on the premises or on a lot approved by the Plan Commission. All required off-street parking spaces, however, must be located within 300 feet of the land served.

   D.   Minimum parking spaces. Off-street parking shall be required for business, public/institutional, and industrial and residential uses. The minimum number of parking spaces shall be determined by adding up the spaces required for each applicable statement below. All calculations shall be rounded up to the next whole number. Additional parking spaces may be required by the Plan Commission.

 

   E.   Land banking. For all new construction, land shall be reserved for expansion of parking in the amount of at least 10% of the original parking area.

   F.   Shared parking. Required parking for shared parking may be reduced by 5% for two uses, 10% for three uses, and 15% for four uses or more. This reduction may be allowed provided that peak usage times do not overlap.

   G.   Handicap parking. The following table specifies the minimum number of handicap parking spaces required for off-street parking, excluding single-family, two-family dwellings.

 

   H.   Bicycle parking. To be determined at a later date.

   A.   General. There shall be provided off-street loading berths not less than the minimum requirements specified in this chapter in connection with any building or structure, which is to be erected or substantially altered, and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles.

   B.   Location. All required off-street loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into the street or alley. No permitted or required loading berth shall be located within 25 feet of the nearest point of intersection of any two streets.

   C.   Size. Off-street loading berths for over-the-road tractor-trailers shall be at least 14 feet in width by at least 60 feet in length with a 60 foot maneuvering apron, and shall have a vertical clearance of at least 15 feet. For local pick-up and delivery trucks, off-street loading berths shall be at least 12 feet in width by at least 30 feet in length with a 30 foot maneuvering apron, and shall have a vertical clearance of at least 14 feet.

   D.   Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner that will least interfere with traffic movements.

   E.   Surfacing. All surfaces shall be paved with asphalt or concrete.

   F.   Space allowed. Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking areas or portions thereof.

   G.   Off-street loading berth requirements.

 

 

   One additional off-street loading space shall be required for each additional 80,000 square feet for a building exceeding 320,000 square feet.

   A.   Spacing. Entrances and driveways shall be separated from intersections for vehicular and pedestrian safety and to reduce traffic congestion. Separated distances shall be as provided in the following table (see Figure 4.1 for reference).

 

 

   B.   Width. Driveway width shall be a minimum of 24 feet for commercial and multi-family housing uses and 34 feet for industrial uses. There are no minimum driveway widths for single-family residential uses.

   C.   Surface materials.All ingress/egress into parking areas shall be paved back to the right-of-way with asphalt, concrete or other material approved by the Plan Commission back to the right-of-way.

   A.   General provisions.

      1.   No exterior lighting used for parking lots, signage, recreational facilities, product display, or security shall be permitted to spill over onto public rights-of-way and surrounding land uses in the vicinity of the light source. These requirements shall not apply to lighting placed in a public right-of-way for public safety.

      2.   All lighting from a property shall not result in illumination beyond the property line of that property. The only exception to this standard is as follows:

         a.   When the subject property is a business and the adjacent property is zoned for business or industrial uses, the allowable light at the property line is one foot-candles (only on sides of the property that are adjacent to the similar zoning district.)

         b.   When the subject property is industrial and the adjacent property is zoned for industrial the allowable light at the property line is two and one half foot-candles (only on the sides of the property that are adjacent to the similar zoning district).

   B.   Orientation. Exterior lighting fixtures shall be oriented so that the lighting element (or transparent shield) does not throw rays onto neighboring properties. Light rays shall not be directed into street rights-of-way or upward into the atmosphere.

   C.   Minimum lighting standards. All areas designated on approved site plans for vehicular parking, loading, or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas at a minimum intensity of one-half-foot candles, exclusive of approved anti-vandal lighting.

   D.   Flashing, flickering, and other distracting lighting. Flashing, flickering, and other distracting lighting that may distract motorists is prohibited. Strobe lights are permitted only when required by the Federal Aviation Administration.

   E.   Nuisances. Lighting which creates or becomes a public nuisance is not permitted.

   F.   Accent lighting. Accent lighting and low voltage lighting (12 volts or less) is exempt from these requirements.

   A.   Commercial communication towers are permitted in LI and HI zoning districts and may be permitted through a special exception in all remaining zoning districts provided the Board of Zoning Appeals finds the request to be in conformance with the following standards and requirements:

      1.   Special exception requirements as detailed in Section 11.9;

      2.   The proposed communications tower is reasonably necessary to serve the adjacent area nearby; and

      3.   The applicant is unable to locate or co-locate on an existing structure.

   B.   New communication towers shall conform to the following standards:

      1.   The tower structure shall not exceed 150 feet in height;

      2.   The tower color shall be galvanized metal or similarly gray tone;

      3.   Guyed and self supporting lattice towers shall not be permitted;

      4.   The use of stealth technology shall be encouraged; and

      5.   The setback requirements for towers shall be as follows. Setbacks shall be measured from the base of the tower to the applicable property lines.

 

 

   C.   A special exception shall not be required for the location or co-location of antennas on existing structures including, but not limited to the following:

      1.   Rooftops of existing commercial, industrial, and institutional structures;

      2.   Water towers;

      3.   Church steeples;

      4.   Electrical towers;

      5.   Communication towers; and

      6.   Other established utility structures.

   D.   Antennae shall be permitted to extend up to 20 feet above the existing structure or up to a total height of 200 feet, which ever is less. A Certificate of Compliance shall be obtained for all antennae co-locations.

   A.   Each Type III manufactured home must be tied down and have perimeter skirting. Skirting is only permitted on a Type III manufactured home. Type I and Type II manufactured homes must have a permanent foundation in accordance with the applicable building code.

   B.   Street addresses must be posted on all primary structures and be visible from the street and/or be posted on mailbox or other suitable structures visible from the street.

   C.   All storage of materials, products for sale, construction materials, trash containers, etc. shall be fenced with a six-foot tall privacy fence or wall on all sides in accordance with Section 4.8.

   D.   Farm animals must have a minimum fenced area per animal to be permitted within the agricultural district of this appendix. The minimum lot size required for boarding or raising any farm animal on any lot or combination of lots is three acres. The Zoning Administrator shall have discretion to determine the minimum acreage for farm animals not listed.

 

 

(Ord. 05-03, passed 7-12-05)