Chapter 18.80 GENERAL USE RESTRICTIONS

Chapter 18.80
GENERAL USE RESTRICTIONS

Sections:

18.80.010 One principal residential building per lot.

Every building hereafter erected, converted, enlarged or structurally altered shall be located on a residential lot and in no case shall there be more than one principal building on one lot. [Ord. dated 12/10/19; Res. 05-04. Prior code § 10-1-16].

18.80.020 Use restrictions.

The following use restrictions and regulations shall apply:

(a) Principal Uses. Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in that district. Any uses not specifically permitted are prohibited.

(b) Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade, or industry. Accessory uses include incidental repairs; storage; parking facilities; gardening; owner’s quarters not for rent; servant’s, itinerant agricultural laborer’s and watchman’s quarters not for rent and located in the village and connected to public sewer; private swimming pools; private emergency shelters, and additional manufacturing facilities in I-1 or I-2 districts.

(c) Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the village plan commission in accordance with Chapter 18.125 AMC. Any uses not specified as a conditional use are prohibited.

(1) Classes of Conditional Uses. Conditional uses may be either denominated “regular” or “limited.”

(2) General Conditional Use Provisions.

a. Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing, and approval by the plan commission and village board in accordance with this title excepting those existent at time of adoption of the zoning ordinance.

b. Those existing uses which are classified as conditional uses for the districts in which they are located at the time of adoption of the ordinance codified in this title require no action by the plan commission and village board for them to continue as valid conditional uses, and the same shall be deemed to be “regular” conditional uses.

c. Proposed change from a permitted use in a district to a conditional use shall require review, public hearing and approval by the plan commission and village board in accordance with this title.

d. Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) shall require review, public hearing and approval by the plan commission and village board.

e. Provisions in this title relating generally to conditional uses shall, except when in conflict with specific provisions relating to either regular or limited conditional uses (which specific provisions would then control), be deemed to be applicable to both regular and limited conditional uses.

f. Specific Regular Conditional Use Provisions. Regular conditional uses, either allowed by action of the village board, or existent at time of adoption of the ordinance codified in this title, shall be nonlapsing, shall survive vacancies and change of ownership of the properties where located and be subject to substitution with other conditional use(s) of same or similar type without board approval. Change to conditional use of other than same or similar type shall require procedures and approval.

g. Specific Limited Conditional Use Provisions. Limited conditional uses authorized by village board resolution shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate. Limited conditional uses authorized by the village board shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without board approval and the procedures required in this title.

h. Uses Not Specified in This Title. Uses not specified in this title which are found by the plan commission to be sufficiently similar to specified permitted uses for a district shall be allowed by the zoning administrator. Uses not specified in this title and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the village board after consideration and recommendation by the plan commission, public hearing and approval in accordance with this title.

(d) Site Regulations.

(1) Site Suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the village board and plan commission by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The plan commission, in applying the provisions of this subsection, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the plan commission may affirm, modify, or withdraw its determination of unsuitability when making its recommendation to the village board.

(2) Street Frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 30 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.

(3) Principal Structures. All principal structures shall be located on a lot. Only one principal structure shall be located, erected or moved onto a lot.

(4) Dedicated Street. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(5) Lots Abutting More Restrictive Districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.

(6) Preservation of Topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands, and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than one and one-half horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the plan commission; or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.

(7) For the purposes of this title, decks shall be considered a part of a building or structure.

(e) Height and Area Exceptions.

(1) Churches, schools, hospitals, sanatoriums and other public and quasi-public building may be erected to a height not exceeding 60 feet nor five stories, provided the front, side and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.

(2) Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless, television or broadcasting towers, masts, or aerials; microwave radio relay structures; telephone, telegraph and power poles and lines and necessary mechanical appurtenances are hereby excepted from the height regulations of this code and may be erected in accordance with other regulations or codes of the village.

(3) Residences in the residence district may be increased in height by not more than 10 feet when all yards and other required open spaces are increased by one foot for each foot which such building exceeds the height limit of the district in which it is located.

(4) Where a lot abuts on two of more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.

(5) Buildings on through lots and extending from street to street may have waived the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard; provided, that the setback requirements on both streets be complied with.

(6) Where a lot has an area less than the minimum number of square feet per family required for the district in which it is located and was of record as such at the time of the passage of the ordinance codified in this title, such lot may be occupied by one family.

(7) Every part of the required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 12 inches.

(8) Open or enclosed fire escapes and fire towers may project into a required yard not more than five feet and into a required court not more than three and one-half feet, provided it be so located as not to obstruct light and ventilation.

(f) Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the village plan commission. [Ord. dated 3/6/12 § 96; Res. 05-04. Prior code § 10-1-18].

18.80.030 Reduction or joint use.

No lot, yard, parking area, building area, or other space shall be reduced in area or dimension so as not to meet the provisions of this title. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use. No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this title shall be included as a part of a yard or other open space required for another building. Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this title, except that side yards shall not be required on lots used for garden purposes with out buildings or structures nor on lots used for public recreation areas. No land which is located in a residence district shall be used for driveway, walkway, or access purposes to any land which is located in a business or industrial district, or used for any purpose not permitted in a residence district. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line. [Res. 05-04. Prior code § 10-1-19].