A.
Jurisdiction. The jurisdiction of this chapter shall apply to all
structures, lands, water and air within the corporate limits of the
Village of Stratford.
B.
Compliance. No new structure, new use of land, water or air or change
in the use of land, water or air shall hereafter be permitted and
no structure or part thereof shall hereafter be located, erected,
moved, reconstructed, extended, enlarged, converted or structurally
altered without a zoning permit and without full compliance with the
provisions of this chapter and all other applicable local, county
and state regulations.
C.
District regulations to be complied with. Except as otherwise provided,
the use and height of buildings hereafter erected, converted, moved,
enlarged or structurally altered and the use of any land shall be
in compliance with the regulations established herein for the district
in which such building or land is located.
D.
Joint use. No part of a yard or other open space provided about any
building for the purpose of complying with the provisions of this
chapter shall be included as a part of a yard or other open space
required for another building.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original Sec. 10-1-10(e), One main building per lot, and (f), Lots abutting more restrictive district, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 590-10B and E.
Only the following uses and their essential services may be
allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses specified
for a district.
B.
Accessory uses. Accessory uses and structures as specified are permitted
in any district but not until their principal structure is present
or under construction.
C.
Conditional uses.
(1)
Classes of conditional uses. Conditional uses may be denominated
either regular or limited.
(2)
General conditional use provisions. Provisions applicable to conditional
uses generally:
(a)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Village Board in accordance with Article V of this chapter, excepting those existent at time of adoption of this chapter.
(b)
Those existing uses which are classified as conditional uses
for the district(s) in which they are located at the time of adoption
of this chapter require no action by the 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 permitted use in a district to conditional use shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(d)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(e)
Provisions in this chapter relating generally to conditional
uses, except when in conflict with specific provisions relating to
either regular or limited conditional uses (which specific provisions
would then control), shall be deemed to be applicable to both regular
and limited conditional uses.
(3)
Specific regular conditional use provisions. Provisions applicable
specifically to regular conditional uses:
(a)
Regular conditional uses, either allowed by action of the Village Board or existent at time of adoption of this chapter, shall be nonlapsing, shall survive vacancies and change of ownership of the properties where located and shall be subject to substitution with other conditional use(s) of the same or similar type without Village Board approval. Change to conditional use of other than the same or similar type shall require procedures and approval in accordance with Article V.
(4)
Specific limited conditional use provisions. Provisions applicable
specifically to limited conditional uses:
(a)
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.
D.
Uses not specific in code.
(1)
Uses not specified in this chapter which are found by the Village
Board to be sufficiently similar to specified permitted uses for a
district shall be allowed by the Zoning Administrator.
(2)
Uses not specified in this chapter 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 Article V of this chapter.
A.
Street frontage.[1] All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 25 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located. See § 575-32T, Culs-de-sac.
B.
Principal structures. All principal structure shall be located on
a lot. Only one principal structure shall be located, erected or moved
onto a lot. The Village Board may permit as a conditional use more
than one principal structure per lot in any district where more than
one such structure is needed for the orderly development of the parcel.
Where additional structures are permitted, the Village Board, subject
to the recommendation of the Plan Commission, may impose additional
yard requirements, landscaping requirements or parking requirements
or require a minimum separation distance between principal structures.
C.
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.
D.
Lots abutting more restrictive district. 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.
E.
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.
F.
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 1 1/2 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 Village Board, 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.
G.
Decks. For purposes of this chapter, decks and porches shall be considered
a part of a building or structure.
H.
Corner
lots. On corner lots, the setback shall be measured from the street
line on which the lot fronts. The setback from the side street shall
be equal to 75% of the setback required on residences fronting on
the side street, but the side yard setback shall in no case restrict
the buildable width to less than 30 feet.[2]
The regulations contained herein relating to the height of buildings
and the size of yards and other open spaces shall be subject to the
following exceptions:
A.
Churches, schools, hospitals, sanitariums and other public and quasi-public
buildings may be erected to a height not exceeding 60 feet or five
stories, provided that the street, 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.
B.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments,
penthouses, 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 chapter and may
be erected in accordance with other regulations or codes of the Village.
C.
Residences in the residence districts 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 such building exceeds the
height limit of the district in which it is located.[1]
D.
Where a lot abuts on two or 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.
E.
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 shall be complied with.
F.
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 this chapter, such
lot may be occupied by one family.
G.
Every part of a 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.
H.
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 3 1/2 feet, provided that they are so located as not to
obstruct light and ventilation.
No lot, yard, parking area, building area or other space shall
be reduced in area or dimensions so as not to meet the provisions
of this chapter. 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.
