[R.O. 2012 §405.390; Ord. No. 522 §§1—3, 12-1-1992]
Accessory uses and structures shall be subject to setback requirements as prescribed in Article IV, "District Regulations", except as provided in this Section. The following permitted accessory uses and structures shall be allowed in any Zoning District in connection with any permitted principal use:
Permitted accessory uses and structures include, but are not limited to, the following:
A structure for storage incidental to a permitted use; provided however, that no storage structure that is accessory to a residential building shall exceed two hundred (200) square feet in gross floor area, the use shall be in keeping with the principal structure, and no part of such structure shall be located in the front yard setback.
A child's playhouse, provided it shall not be more than one hundred twenty (120) square feet in gross floor area, and it shall not be located in the front yard setback.
A detached garage or other accessory structure, provided that no part of such structure exceeds eight hundred (800) square feet in gross floor area, or ten percent (10%) of the lot area, whichever is greater.
A private swimming pool and bathhouse, provided that a swimming pool shall be allowed within required rear and side yards.
Statuary, arbors, trellises, flagpoles, fences, walls and hedges shall be allowed within the required setback areas.
Signs, when permitted by these Zoning Regulations and by the individual District Regulations of Article IV.
Restaurants, drug stores, gift shops, clubs, lounges and newsstands, when located in a permitted hotel, motel, or office building.
Employee restaurants and cafeterias, when located in a permitted business, manufacturing or industrial building.
Storage or use of accessory uses, such as boats, boat trailers, camping trailers, or converted buses or trucks; except that such uses shall be allowed within required rear yards and within established side and front yards if placed upon a hard surface as defined in the off-street parking regulations. Such uses shall not include the outdoor storage or parking of commercial trucks which exceed one (1) ton manufacturer's rating hauling capacity or buses in a Residential District.
Satellite dish antennas, except that such accessory structures shall not be allowed within established front yards.
Bulk regulations applicable to accessory structures and uses.
No accessory structures or uses shall be located within a required or established front yard, nor closer than five (5) feet from any side or rear lot line.
No accessory structure shall be located closer than ten (10) feet to a principal structure on the same lot.
All accessory structures and uses on corner lots shall be set back from the side street a distance not less than that required for the principal structure.
A garage, whether it is accessory or detached, shall maintain a twenty (20) foot setback when entered from a street side yard or alley.
The maximum sidewall height for all accessory structures shall not exceed twelve (12) feet.
Accessory structures and uses shall comply with the use regulations applicable in the Zoning District in which they are located, but no accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.
No accessory structure shall be used for dwelling purposes.
[R.O. 2012 §405.400; Ord. No. 522 §§1—3, 12-1-1992]
The following temporary uses of land are permitted subject to the specific regulations and time limits which follow, and to the other applicable regulations of the district in which the use is permitted:
Christmas tree sales in any Commercial or Industrial District for a period not to exceed sixty (60) days. Display of such trees need not comply with the yard and setback requirements of these Zoning Regulations, provided that no tree shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets.
Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project, and to continue only during the duration of such project.
Real estate offices (containing no sleeping or cooking accommodations) incidental to a new housing development to continue for no more than six (6) months, unless an extension is granted by the Board of Adjustment.
Seasonal sale of farm produce (including Christmas trees) grown on the premises in Districts where permitted, to continue for not more than four (4) months per year. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are removed or moved back of the required front yard setback line at the end of the season during which they are used.
[R.O. 2012 §405.410; Ord. No. 522 §§1—3, 12-1-1992; Ord. No. 649 §§1—8, 10-3-2000]
The conduct of certain home occupations in residential neighborhoods may be permitted under the provisions of this Section. It is the intent of this regulation to:
Insure the compatibility of home occupations with the residential neighborhood in which they are located;
Maintain and preserve the residential character of residential neighborhoods; and
Guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential areas.
Persons operating home occupations shall license their home occupations with the City Inspector using a City approved questionnaire/application form. Failure to register a home occupation is a violation of this Chapter.
Where State certification, registration or licensing is required, such certification shall be presented with the registration application.
Home occupations shall be located in the principal residential building or appurtenant structure. The area utilized for the home occupation shall not exceed one-third (1/3) of the total square footage of the dwelling unit in which it is located, except for licensed day care homes.
No more than one (1) home occupation shall be permitted within a single-dwelling unit.
No goods, stock in trade, or other commodities shall be displayed and/or stored outdoors or be displayed at any exterior window in a manner that would create a nuisance.
Home occupations shall not cause any alteration in the appearance of the structure, nor be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or the emission of sounds, noises, odors, dust, vibrations or excessive traffic.
One (1) sign pertaining to the home occupation shall be permitted. The sign shall be attached flat against the building, shall not be illuminated, and shall not exceed four (4) square feet in area.
Home occupations shall be personally operated, conducted, managed and supervised by a person who is a resident of the dwelling. The number of non-residents engaged or employed on the premises in the home occupation shall not exceed one (1).
The use of mechanical or electrical equipment which interferes with radio or television reception or any activity which creates noise, vibration, smoke, dust, odor, heat or glare shall be prohibited. No highly explosive or combustible material(s) shall be used or stored on the premises.
The operation of any wholesale or retail business is prohibited, unless it is conducted entirely by mail, Internet or by occasional home invitation.
There shall be no regular and steady visitation or concentrated coming and going of clients to or from the premises.
The home occupation shall not create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street.
Parking generated by the conduct of home occupations shall be provided off-street and on a City approved area and/or surface.
All home occupations shall pay a license fee of twenty-five dollars ($25.00) per year. All new home occupations shall be prorated over the year, such that each month or portion of a month of the license's issuance shall be charged at one-twelfth (1/12) of its annual fee.
The Board of Aldermen may revoke licenses issued under the provisions of this Section after notice and hearing for any of the following reasons:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on the home occupation.
Any violation of this Section.
Conducting the home occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed to the licensee at their last known address at least five (5) days prior to the date set for the hearing.
Any person in violation of this Section shall be guilty of an ordinance violation and upon conviction of which shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) or to be imprisoned for not more than twenty (20) days, or both. Each day during which such violation continues to exist will be considered a separate offense. Failure to obtain a license will result in a twenty-five dollar ($25.00) late penalty for the first (1st) month and increase in increments of twenty-five dollars ($25.00) each month thereafter, until a license is obtained.
A non-conforming home occupation, which was lawfully established with a special use permit and in operation prior to the adoption of this Section, may be continued indefinitely, unless revoked for cause by the Board of Aldermen.
[R.O. 2012 §405.420; Ord. No. 522 §§1—3, 12-1-1992]
Day care centers shall be allowed as permitted uses in "C-2" Districts. Also, as accessory uses only, in all districts permitting residences, and in Industrial Districts, if cited on the premises of an operating community service activity, such as, but not limited to, a private or public school, place of worship, community center, or library; or, as part of an employer-sponsored day care service. Day care centers, whether principal or accessory uses, shall be permitted provided that:
State licensing standards and requirements are met, including those pertaining to building, fire safety, and health codes.
Setbacks, screening and landscaping shall conform to the pertinent portions of the Zoning Regulations.
Structures shall meet building, sanitation, health, traffic safety and fire safety code requirements.
A minimum of one (1) off-street parking space shall be provided for each employee, plus an off-street drop-off/pick-up area.
A copy of the Child Care License form, if applicable, is filed with the City.
[R.O. 2012 §405.430; Ord. No. 522 §§1—3, 12-1-1992]
May be located in required yards as follows:
Fences, hedges and walls may be located in any front yard if not exceeding at any point four (4) feet in height above the elevation of the surface of the ground, and if no traffic hazard is presented as determined by the Zoning Official.
Fences, hedges and walls may be located in side or rear yards if not exceeding six (6) feet in height above the elevation of the surface of the ground; except that rear yard fences shall conform to established front yard setbacks if they are adjacent to a neighboring front yard.
Electrified and barbed wire fences shall not be allowed in "R-1", "R-2" and "R-3" Districts.
Commercial and industrial districts. Fences, walls and hedges may be located in any yard if not exceeding eight (8) feet in height above the elevation of the surface of the ground.
[R.O. 2012 §405.440; Ord. No. 522 §§1—3, 12-1-1992]
The pool shall be intended solely for the use of the occupants of the property on which it is located and their guests.
The swimming pool shall be walled or fenced by a detached wall or fence at least four (4) feet high and no closer to the perimeter walls of the pool than four (4) feet at any point, to prevent uncontrolled access by children from the street or adjacent properties. The enclosure of the entire property by a wall or fence is compliance with this Section.
[R.O. 2012 §405.450; Ord. No. 522 §§1—3, 12-1-1992]
In any Residential District, the following architectural features may project into any required yard: