- Rules of Construction and Interpretation:
- Rules:
1.
In the
construction of these regulations, the provisions and rules of this section
shall be preserved and applied, except when the context clearly requires
otherwise:
a.
Words used in the
present tense shall include the future.
b. Words in the singular number include the plural
number, and words in the plural number include the singular number.
c.
The phrase
"used for" shall include the phrases "arranged for",
"designed for", "intended for", "maintained for",
and "occupied for".
d. The word "shall" is mandatory.
e.
The word
"may" is permissive.
f.
The word
"person" includes individuals, firms, corporations, associations,
governmental bodies and agencies, and all other legal entities.
g. The word "Board" means the Board of Zoning
Appeals.
h. Unless otherwise specified, all distances shall be
measured horizontally.
i.
The word
"City" means
j.
The abbreviation
N/A means not applicable.
1.
Any word or
phrase which is defined in these regulations shall have the meaning as so
defined whenever the word or phrase is used in these regulations, unless such
definition is expressly limited in its meaning or scope.
- Interpretation:
1.
Minimum
Requirements: In their interpretation and application, the provision of these
regulations shall be held to be the minimum requirements for the promotion of
the public health, safety, morals and welfare.
2.
Overlapping or
Contradictory Regulations: Where the conditions imposed by any provision of
these regulations upon the use of land or structures are either more
restrictive or less restrictive than comparable conditions imposed by other
provision of any other law, ordinance, resolution, rule or regulations of any
kind, the regulations which are more restrictive shall govern.
3.
Private
Agreement: These regulations are not intended to abrogate, annul or otherwise
interfere with any easement, covenant or any other private agreement of legal
relationship; provided, however, that where the provisions of these regulations
are more restrictive (or impose higher standards or requirements) than such
easements, covenants or other private agreements or legal relationships, the
provisions of these regulations shall govern.
4.
Unlawful Uses: No
structure or use which was not lawfully existing at the time of the adoption of
these regulations shall become or be made lawful solely by reason of the
adoption of these regulations; and to the extent that, and in any respect that,
said unlawful structure or use is in conflict with the requirements of these
regulations, said structure or use remains unlawful hereunder.
- Separability: It is hereby declared to be the intention of
the City that the several provisions of these regulations are separable,
in accordance with the following rules:
- If any court of competent jurisdiction shall
adjudge any provision of these regulations to be invalid, such judgment
shall not affect any other provisions of these regulations.
- If any court of competent jurisdiction shall
adjudge invalid the application of any provision of these regulations to
a particular property or structure, such judgment shall not affect the
application of said provisions to any other property or structure.
- Definitions: For the
purpose of this Zoning Regulation, certain terms or words used herein
shall be interpreted or defined as follows, unless the context clearly
indicates otherwise:
Accessory Structure:
A subordinate structure which serves a function customarily incidental to that
of the main structure. Customary accessory structure includes garages,
carports, and small storage sheds.
Accessory Use: A
subordinate use which serves an incidental function to
that of the main use of the premises. Customary accessory uses include tennis
courts, swimming pools, air conditioners, barbecue ovens, and fireplaces.
Agricultural Use:
The use of a tract of land of not less than 40 acres for the growing of crops,
pasturage or nursery, including the structures necessary for carrying out
farming operations and the dwellings of those owning or operating the premises,
a member of the family thereof, or persons employed thereon, and the family
thereof, but such use shall not include feedlots as defined by State statute.
Alley: A dedicated
public right-of-way, other than a street, which provides only a secondary means
of access to abutting property, the right-of-way of which is twenty (20) feet
or less in width.
Alteration: Alteration, as applied to a structure, is a change or
rearrangement in the structural parts of an existing structure. Enlargement, whether by extending a side, increasing in height, or
the moving from one location or position to another, shall be considered as an
alteration.
Basement: That portion of a structure having more than one-half
of its height below grade.
Bed and Breakfast: A family home, occupied as a permanent dwelling by
the proprietor, in which lodging and meals are provided for time-limited
durations to not more than four groups of patrons in a 24-hour period.
Board of Zoning Appeals:
That Board which has been created by the Governing Body having jurisdiction and
which has the statutory authority to hear and determine appeals and variances
to the zoning regulations.
Structure Height:
The vertical dimension measured from the average elevation of the finished lot
grade at the front of the structure to the highest point of ceiling of the top
story in the case of a flat roof; to the deck line of a mansard roof; and to the
average height between the plate and ridge of a gable, hip, or gambrel roof.
Figure 1 -
Vertical Dimensions of
Common Open Space:
An area of land or water or combination thereof planned for passive or active
recreation, which does not include areas utilized for streets, alleys,
driveways or private roads, off-street parking or loading areas. However, the
area of recreational activities such as swimming pools, tennis courts,
shuffleboard courts, etc., may be included as common open space.
Condominium: A
single dwelling unit under individual ownership within a multiple dwelling unit
structure. A multiple-family structure with two condominiums shall be
considered a two-family dwelling and a structure with more than two
condominiums shall be considered a multiple-family dwelling.
Day Care Home: A
dwelling or structure in which care, supervision, custody or control is
provided for six (6) or fewer unrelated children or adults for any part of a
24-hour day up to twelve (12) hours.
Day Care Nursery:
A structure or place where care, supervision, custody or control is provided
for six (6) or fewer infants for any part of a 24-hour day up to twelve (12)
hours.
Disability: A
physical or mental impairment which substantially limits one or more of such
person’s major life activities, a record of having such an impairment, or being
regarded as having such an impairment. Such term does not include current,
illegal use of or addiction to a controlled substance, as defined in Section
102 of the Controlled Substance Act (21 U.S.C. 802); or any person assigned to
a community corrections program or diversion program, on parole from a
correctional institution or on probation for a felony offense, or in a state
mental institution following a finding of not guilty by reason of insanity.
District: A
section or sections of the zoning area for which these regulations governing
the use of land, the height of structures, the size of yards and the intensity
of use are uniform.
Dog: Any canine
species over twelve (12) months of age.
Dwelling:
A structure or portion thereof, not including manufactured homes, which is
designed and used exclusively for residential purposes.
Dwelling,
Single-Family: A residential structure having accommodations for
and occupied exclusively by one family.
Dwelling, Two-Family:
A residential structure having accommodations for and occupied exclusively by
two families, independently.
Dwelling
for the Elderly and/or Handicapped: A two-family or multiple-family
residential structure having accommodations for and occupied exclusively by
elderly or handicapped residents and necessary maintenance personnel.
Elderly residents are those people who are at least sixty-two (62) years of
age. Handicapped persons are those people having an impairment which is
expected to be of long, continuous and indefinite duration, is a substantial
limitation to their ability to live independently, and is of a nature that such
ability could be improved by more suitable housing.
Dwelling, Multiple:
A residential structure having accommodations for and occupied exclusively by
more than two families, independently.
Earth-Sheltered Dwelling:
A dwelling designed as a complete structure below or partially below ground
level, whose perimeter walls comply with the yard requirements of the district
in which it is located.
Easement: A
permanent or temporary grant of right by a landowner to the public, a
corporation or other persons, of the use of a portion of a lot or tract of land
for specified purposes where title to said portion of the lot or tract of land
remains with the landowner.
Family: One or
more persons related by blood, marriage, or adoption, living together as a
single housekeeping unit; or a group of not more than four (4) unrelated
persons living together as a single housekeeping unit; plus in either case,
usual domestic servants. A family shall under no circumstances be construed as
a boarding house, fraternity or sorority house, club, lodging house, hotel,
motel or commune.
Fence: A
protective, confining or decorative barrier separate from any structure and not
including any living plant material.
Floor Area: For Computing
Off-Street Parking Requirements: Shall mean the gross floor area of the
structure measured from the exterior faces of the exterior walls or from the
centerline of walls separating two structures and shall include the following
areas:
- The basement floor area.
- The area of each floor of the structure.
- The attic space having headroom of seven (7)
feet or more.
Foster Home: A
dwelling or structure in which more than twelve (12) hour care is provided to
no more than five (5) children, one or more of which are unrelated to the
foster parents. Foster homes shall be permitted in all residential structures,
the same as would a family.
Frontage: The
length of the property abutting on one side of a street measured along the
dividing line between the property and the street.
Gasoline Service Station: A service station shall consist of a structure or
group of structures and surfaced area where automotive vehicles may be refueled
and serviced. Self-service pumps without structures shall also be included.
Such service shall not include tire recapping, body repairs, or major overhaul.
Governing
Body: The City Commission of
Group Home: Any dwelling occupied by not more than ten persons,
including eight or fewer persons with a disability, as defined in these
regulations, who need not be related by blood or marriage and not to exceed two
staff residents who need not be related by blood or marriage to each other or
to the residents of the home, and which is licensed by the Department of Social
and Rehabilitation Services or the Department of Health and Environment.
Home Occupation: A business, profession, service or trade conducted
for gain or support entirely within a residential structure.
Hotel, Motel, or Tourist Court: A structure which contains rooms furnished for the
purposes of providing lodging, which may or may not also provide meals,
entertainment or various other personal services to transient guests, and which
is kept, used, maintained, advertised or held out to the public as a place
where sleeping accommodations are sought for pay or compensation by transient
guests for periods of not more than 28 consecutive days; and having more than
two bedrooms furnished for the accommodation of such guests.
A structure or portion thereof,
or a group of structures, used as a transient abiding place which may or may
not serve meals and whether such establishments are designated as a hotel, inn,
automobile court, motel, motor inn, motor lodge, motor court, tourist cabin,
tourist court, or other similar designation.
Kennel: A premises wherein an owner has more than
four dogs or four cats, or any combination thereof, or any premises wherein any
person engages in the business of boarding, breeding, buying, letting for hire,
training for a fee, or selling dogs or cats.
Class 1
Kennel: (authorized to house five or more dogs or cats or combination of either)
No class 1 Kennel license may be located in a
residential zone unless grandfathered in by Animal Control Ordinance G-935.
Kennel-Boarding: Any place, area, or structure where dogs (including
those under one (1) year of age) are boarded, housed,
cared for, fed, or trained by other than the owner.
Kennel-Breeding: Any place, area, or structure where more than three
(3) dogs are kept for purposes of breeding, raising, or as pets.
Lodging or Boarding House: A structure which meets the definition of a
"Hotel", except that such a house shall contain no more than two bedrooms
for accommodation of guests.
Lot of Record: A
lot which is a part of a subdivision, the plat of which has been recorded in
the office of the Register of Deeds; or a lot described by metes and bounds,
the description of which has been recorded in the office of the Register of
Deeds prior to the adoption of the various zoning regulations for the City as
set out in Article 4 General Provisions.
Figure 2 -
Manufactured
Home: A structure which is
subject to the federal manufactured home construction and safety standards
established pursuant to 42 U.S.C. 5403, and constructed on or after
June 15, 1976.
Manufactured Home
Residential-Design: A
manufactured home which satisfies the following additional criteria:
- The manufactured home shall have minimum
dimensions of 22 feet in width and 40 feet in length;
- The pitch of the roof of the manufactured home
shall have a minimum vertical rise of four feet for each 12 feet of
horizontal run and the roof finished with a type of shingle that is
commonly used in standard residential construction in the City;
- All roof structures shall provide an eave
projection of no less than 12 inches, exclusive of any guttering;
- The exterior siding shall consist of vinyl or
metal horizontal lap siding (whose reflectivity does not exceed that of
low luster white paint), wood, or hardboard, comparable in composition,
appearance and durability to the exterior siding commonly used in
standard residential construction in the City;
- The manufactured home shall be set up in
accordance with the recommended installation procedures of the
manufacturer and the standards set by the National Conference of States
on Building Codes and Standards and published in "Manufactured Home
Installations, 1987" (NCS BCS A225.1), and a continuous, permanent
masonry foundation or masonry curtain wall, or poured concrete wall, unpierced except for required ventilation and access,
is installed under the perimeter of the Residential-Design Manufactured
Home;
- Stairs, porches, entrance platforms, ramps and
other means of entrance and exit to and from the home shall be installed
or constructed in accordance with the standards set by the building code
and attached firmly to the primary structure and anchored securely to the
ground; and
- A Residential Design-Manufactured Home, when
installed, shall have substantially the appearance of an on-site,
conventionally built, single-family dwelling.
Manufactured Home Park: Any area, piece, parcel, tract, or plot of ground
equipped as required for support of manufactured homes and offered for use by
the owner or representative for manufactured home park purposes and/or ground
upon which three or more manufactured homes are parked, whether for
compensation or not, including all accessory uses thereof. The term
"manufactured home park" does not include sales lots of which
unoccupied manufactured homes are parked for the purpose of inspection and
sale. See Supplementary District Regulations.
Medical Clinic:
Any structure designed for use by one or more persons lawfully engaged in the
diagnosis, care and treatment of physical or mental diseases or ailments of
human beings; including, but not limited to, doctors of medicine, dentists,
chiropractors, osteopaths, optometrists, podiatrists, and in which no patients
are lodged overnight, but which may include a pharmacy.
Modular Home: A
manufactured residential structure built to a nationally-recognized and
accepted construction standard published by the Building Officials Conference
of America (BOCA) or the International Conference of Building Officials (ICBO)
and the unit is inspected and certified at the factory that it meets said
standard. A modular home shall have exterior structure materials and appearance
similar to the customary single-family structures in the neighborhood and shall
be permanently situated on a concrete foundation.
Mobile Home: A transportable
structure larger than 320 square feet in floor area, designed to be used as a
year-round residential dwelling, and built prior to the enactment of the
Federal Mobile Home Construction and Safety Act of 1974, which became effective
for all mobile home construction on June 15, 1976.
Nonconforming Structure:
A structure which does not comply with the lot size requirements or bulk
regulations applicable to new structures in the zoning district in which it is
located.
Nonconforming Use:
An existing use of a structure or land which does not conform with the
regulations of the district in which it is situated as established by this
regulation or any amendments hereto.
Nursing Homes or
Convalescent Homes: An institution or agency licensed by the State for
the reception, board, care, or treatment of three (3) or more unrelated
individuals, but not including facilities for the care and treatment of mental
illness, alcoholism, or narcotics addiction.
Planning
Commission: The
Private Club: A
non-profit association of persons who are bona fide members paying annual dues,
which owns, hires, or leases a structure or premises, or portion thereof, the
use of such structure or premises being restricted to members and their guests.
The affairs and management of such private club are conducted by a board of
directors, executive committee, or similar body chosen by the members at their
annual meeting. It shall be permissible to serve goods and meals on such
premises providing adequate dining room space and kitchen facilities are
available. The sale of alcoholic beverages to members and their guests shall be
allowed, provided it is secondary and incidental to the promotion of some other
common objective by the organization, and further provided that such sale of
alcoholic beverages is in compliance with the applicable Federal, State and
Municipal laws.
Public Utility:
Any business which furnishes the general public (a) telephone service, (b)
telegraph service, (c) electricity, (d) natural gas, (e) water and sewer, or
(f) cable television.
Recreational
Vehicle: See Travel Trailer.
Restaurant: An
establishment whose primary purpose is the sale, dispensing or service of food,
refreshments or beverages, other than in automobiles, including those
establishments where customers may serve themselves.
Restaurant--Drive-Through:
An establishment whose primary purpose is the sale, dispensing or service of
food, refreshments or beverages, including service and/or consumption of food
in automobiles.
Right-of-Way: A
strip of land occupied or intended to be occupied by a street, alley,
crosswalk, railroad, road, electric transmission line, oil or gas pipeline,
water main, sanitary or storm sewer, or for another special use.
Salvage Yard: A
place where junk, waste, discarded or salvaged materials are bought, sold,
exchanged, stored, baled, packed, disassembled, handled or prepared for
recycling, which shall include auto wrecking yards, but shall not include
retail secondhand furniture stores or the purchase and storage of used or
salvaged materials as a part of a manufacturing operation.
Sanitary Landfill:
A lot or parcel of land used primarily for the disposal and burial of garbage,
sewage, trash, refuse, junk, discarded machinery or motor vehicles or parts
thereof, or other waste.
Setback: The
required minimum horizontal distance between the structure line and the related
front, side, or rear property line.
Sign: Any device
which shall display or include any letter, word, model, banner, flag, pennant,
insignia, device, or representation used as, or which is in the nature of, an
advertisement or announcement which directs attention to an object, product,
place, activity, person, institution, organization, or business, but shall not
include any display of official notice or official flag.
Sight Triangle: An
area at a street intersection in which nothing shall be erected, placed,
planted, or allowed to grow in such a manner as to materially impede vision
between a height of 2-1/2 feet and 8 feet above the grades of the outside edge
of the street surface of the intersecting streets, measured from the point of
intersection of the centerline of the streets, 90 feet in each direction along
the centerline of the streets. The City Engineer shall establish sight distance
triangles based upon standards in the policy manual published by the American
Association of State Highway and Transportation Officials (AASHTO).
Special Use
Permit: A special use permit is a permit issued by the Zoning
Administrator with the authorization of the City Commission. A special use
permit provides permission under special conditions to make certain special
uses of land in certain zoning districts as stipulated in each of the district
zoning regulations.
Street: A right-of-way, dedicated to the public use, which
provides vehicular and pedestrian access to adjacent properties.
Street Line: A dividing line between a lot, tract, or parcel of
land and the contiguous street.
Street
Network:
A. Local Street
- provides access to properties.
B. Collectors -
conducts traffic from local streets to arterials, with access to properties.
C. Arterials -
carries traffic out of and through the area, subject to certain control of
entrances, exits and curb cuts.
Structure: Anything constructed or erected, the use of which
requires permanent location on the ground or attachment to something having a
permanent location on the ground, but not including fences or public items such
as utility poles, street light fixtures, and street signs.
Structural
Alterations: Any change in the
supporting members of a structure, such as bearing walls or partitions,
columns, beams, or girders, or any complete rebuilding of the roof or the
exterior walls. For the purpose of this regulation, the following shall not be
considered a structural alteration:
A. Attachment of a new front facade
where structural supports are not changed.
B. Addition of fire escapes where
structural supports are not changed.
C. New windows where lintels and
support walls are not materially changed.
D. Repair or replacement of
non-structural members.
Tavern: An
establishment in which the primary function is the public sale and serving of
alcoholic and cereal malt beverages for consumption on the premises, including
establishments commonly known as key clubs, which are open, and in which
alcoholic and cereal malt beverages are served only to members and their
guests.
Townhouse: A
dwelling unit located in a group of three or more attached townhouse dwelling
units with no other dwelling unit located above or below another and with each
dwelling unit having at least one interior common wall and a private exterior
entrance.
Townhouse
Structure: A grouping of three or more townhouses.
Townhouse Site: A
townhouse, the total land area beneath the townhouse and the facilities
associated with the townhouse.
Travel Trailer or
Recreational Vehicle: A vehicular-type unit primarily designed as
temporary living quarters for recreational, camping or travel use, which either
has its own motive power or is mounted on or drawn by another vehicle. Examples
are travel trailers, camping trailers, truck campers, and motor homes.
Manufactured homes and modular homes shall not be considered trailers or
recreational vehicles.
Yard: A space on
the same lot with a main structure, open, unoccupied and unobstructed by
structures from the ground upward.
Yard, Front: A
yard extending across the full width of the lot, the depth of which is the
least distance between the street right-of-way and the structure setback line.
Yard, Rear: A yard
extending across the full width of the lot, the depth of which is the least
distance between the rear lot line and the rear setback line.
Yard, Side: A yard
extending from the front yard, or front lot line where no front yard is
required, to the rear yard.
Zone or District:
A section of the Zoning Area for which uniform regulations governing the use,
height, area, size, and intensity of use of structures, land, and open space
are herein established.
Zoning
Administrator: The person or persons authorized and empowered by the
City Manager to administer the requirements of these zoning regulations.
Zoning
Area: The area to be zoned as set out on the official Zoning Map filed
of record.
Zoning Regulations:
The term "zoning regulations" or "this or these
regulations" shall mean the requirements stipulated in the regulations
herewith attached, and shall mean the lawfully adopted zoning ordinances of the
City of