The following uses of land or buildings are allowed in the districts indicated hereinafter in Article
V under the conditions specified in this chapter:
A. Uses lawfully established on the effective date of this chapter.
B. Permitted, special and accessory uses listed in Article
V.
No building or tract of land shall be devoted to any use other than the one which is specified as a permitted, special or accessory use in Article
V in the zoning district in which such building or land is located. However, where a building permit for the building or structure has been issued in accordance with applicable laws prior to the effective date of this chapter and where construction has begun within six months of such effective date and been diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued; and, further, may upon completion be occupied by the use originally designated, subject to the provisions of this chapter.
In each zoning district, certain listed uses may be permitted only if a special use permit is secured in accordance with the provisions and procedures of Article
X. The special uses which may be allowed in each zoning district are set out in Article
V, District Regulations. No listed special use shall be considered an accessory use to any other permitted or special use, and a permit shall be required for each separate special use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Farming shall be permitted in any zoning district, although
the raising or keeping of livestock shall not be permitted in Residential
Districts R-1, R-2 and R-3. Dwelling units which are accessory to
the farming uses shall also be permitted; provided, however, that
the occupants of the dwellings are engaged in agricultural activities
on the premises as their principal means of livelihood or are for
the immediate family (such as parents, children, grandchildren) of
the owners of the farm when such owner's principal residence is on
the farm; provided, however, that the original farm residence can
be rented to non-farm workers if the owners have moved from the property.
No building or premises shall hereafter be used or occupied
and no building or structure, or part thereof, shall be erected, raised,
moved, reconstructed, extended, enlarged or altered, except in conformity
with the regulations herein specified for the district in which it
is located; except that in residence districts, a lot in a subdivision
of record at the time of adoption of this chapter, even though such
lot does not meet the requirements of this chapter as to area and
width, may be used for single-family residence purposes, provided
the use conforms with all other regulations of the district in which
it is located.
Unless otherwise granted under the terms of an annexation agreement,
special use permit or variance, no building or other structure shall
be erected, altered or enlarged, nor shall any use of land be established
or enlarged on a lot or tract of land that is:
A. Smaller in area than the minimum lot area prescribed for the zoning
district in which the building, structure or land is located.
B. Less than the minimum width prescribed for the zoning district in
which the building, structure or land is located.
Unless otherwise granted under the terms of a variance or a
special use permit, the following limitation(s) shall apply:
A. No building or other structure shall be erected, altered or enlarged
so as to exceed the maximum lot coverage percentage, floor area ratio,
minimum setbacks and minimum side and rear yards or the maximum building
height for the district in which the building or structure is located.
For the purpose of this chapter, the following, in addition
to permitted accessory structures, shall be considered permitted obstructions
in the required yards:
A. All yards:
(2)
Steps, four feet or less above grade, which are necessary for
access to a permitted building or for access to a zoning lot from
a street or alley.
(3)
Chimneys that project 24 inches or less into the yard.
(4)
Approved freestanding signs.
(7)
Window unit air conditioners which project not more than 18
inches into the required yard.
(8)
Fences or walls, subject to applicable height and other code
restrictions.
(9)
Open off-street parking spaces, subject to standards and setbacks set forth in Article
VII, Off-Street Parking and Loading.
B. Front and corner side yards:
(1)
Open terraces, patios or decks not over three feet above the
average level of the adjoining ground, provided they do not extend
more than five feet into the minimum yard.
(2)
One-story bay windows which project three feet or less into
the yard.
(3)
Overhanging eaves and gutters which project three feet or less
into the yard.
C. Rear yards:
(2)
Open terraces or decks, provided they are not over three feet
above the average level of the adjoining ground and do not extend
more than 15 feet into the minimum yard.
(3)
Recreational and laundry drying equipment.
(4)
Ground-supported air conditioning units which extend not more
than five feet into the required yard.
(5)
One-story bay windows which project three feet or less into
the yard.
(6)
Overhanging eaves and gutters which project three feet or less
into the yard.
D. Interior side yards:
(1)
Overhanging eaves and gutters which project three feet or less
into the yard.
(2)
Ground-supported air conditioning units which extend not more
than five feet into the required yard.
Except as approved as a variance or as a part of a planned development,
no more than one principal building shall be located on a zoning lot.
Unless otherwise granted under the terms of a special use permit, no building or other structure shall be erected, altered or enlarged, nor shall any use of land be established or enlarged, unless the minimum off-street parking and loading spaces required by Article
VII, Off-Street Parking and Loading, are provided.
Fences are permitted accessory use in all yards, subject to
the following:
A. No fence in excess of three feet in height shall be permitted in
any required front yard.
B. No fence in a residential district shall exceed six feet six inches
in height.
C. Fences along a rear lot line, when adjacent to a major roadway or
collector street, shall be dark vinyl-clad chain-link fencing not
to exceed four feet in height.
D. Where there are exposed structural elements on a fence adjacent to
a residentially zoned property, the supports shall be exposed on the
side of the fence of the property on which it is located.
E. No barbed-wire fence will be permitted in the residential areas except
by permission of the City Council.
F. All new fences are required to have an access gate with a minimum
thirty-inch opening.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No private swimming pool shall be allowed in any commercial
or residential district, except as an accessory use and unless it
complies with all other applicable City regulations. Private swimming
pools shall not be located in a required front yard.
A. Every person owning land within the City of Maroa who constructs
a below-ground swimming pool or who constructs such a swimming pool
after the effective date of this chapter, either of which contains
24 inches or more of water in depth at any point, shall erect and
maintain thereon an adequate enclosure either surrounding the property
or pool area, sufficient to make such body of water inaccessible to
small children. Such enclosure, including gates therein, shall be
no less than four feet above the underlying ground. All gates shall
be self-closing and self-latching, with latches placed four feet above
the underlying ground, and otherwise made inaccessible from the outside
to small children.
B. A natural barrier, hedge, pool cover or other protective device approved by the City Zoning Administrator shall be an acceptable enclosure so long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate and latch described herein. The substitution with such a natural barrier, hedge, pool cover or other protective device shall be considered a variance from the provisions of Subsection
A hereof and written request for such variance shall be submitted to the City Clerk.
C. No swimming pool as herein defined shall be constructed in the City
of Maroa without first having obtained a construction permit therefor
on a form provided by the City Clerk.
Each zoning lot shall have direct access to a public or private
street or roadway in accordance with the following regulations:
A. General.
(1)
The access control standards contained in this section are intended
to promote safe and efficient operation of driveway approaches and
to minimize vehicular delays and accidents. The Planning and Design
Guidelines of the Comprehensive Plan shall apply.
(2)
Each required off-street parking space shall open directly upon
an all-weather, hard-surfaced aisle or driveway of such width and
design as to provide safe and efficient means of vehicular access
to such parking space. Such driveway and driveway approach must be
maintained as an all-weather, hard-surfaced material.
B. Maximum number of driveway approaches.
(1)
With the exceptions listed below, one driveway approach is permitted
per zoning lot. If a use is listed as a special use in a district,
the additional driveway approaches may be considered during the review
of the special use permit, provided documentation of a traffic study
is supplied. Otherwise, requests for additional driveway approaches
shall be considered as variations.
(2)
The following exception(s) may have additional driveway approaches:
Attached single-family dwellings may have one driveway approach per
dwelling unit (such as multiplex dwellings).
C. Corner clearance.
(1)
The minimum separation of a driveway approach from an adjacent
intersecting street shall be 40 feet from the center line of the driveway
approach to the nearest right-of-way line of the intersecting street.
(2)
The minimum separation of a driveway from an intersection of
a major street with a collector shall be the greater of: a) 200 feet
on the major street and 150 feet on the collector, unless a shorter
distance has specifically been authorized by IDOT along old U.S. Rte.
51 (Wood Street) or the length of a full left-turn storage and taper,
whichever is greater.
D. Property line clearance. Driveway approaches shall be located so
that the required curb-return lies entirely within the property lines
(extended) of the zoning lot served by the driveway approach unless
the driveway is being shared with the adjacent zoning lot.
E. Vision clearance; corner lots. No obstruction to the vision of persons
using streets, sidewalks or driveways and no building or structure
hereafter erected, other than fences meeting the requirements of this
chapter, shall be located in any of the following areas:
(1)
In any residence district, within a triangular area formed by
the street property lines and a line connecting points on the street
property lines located 35 feet from the street property line intersections.
(2)
In any business district, within 10 feet of the intersecting
right-of-way lines bordering a corner lot.
Accessory buildings or structures, except as otherwise permitted
in this chapter, shall be subject to the following regulations:
A. Where the accessory building has a common wall or common roof with
the main building, it shall be subject to and must conform to all
regulations of this chapter applicable to the main building.
B. Accessory buildings and structures shall not be erected in any side
yard nor in any front yard.
C. An accessory building shall not occupy more than 25% of a required
rear yard.
D. No detached accessory building shall be located closer than 10 feet
to any main building, and detached accessory buildings shall otherwise
conform to setback restrictions in the particular zoning district.
E. Height of accessory buildings.
(1)
Detached accessory buildings and structures in residential districts.
(a)
A detached accessory building or structure shall not exceed
one story or 15 feet in height.
(b)
The vertical exterior surface of a building, not forming part
of the roof, shall not exceed a height of nine feet, measured from
grade to the top plate of the wall.
(2)
Detached accessory buildings and structures in nonresidential
districts. Detached accessory buildings or structures in all nonresidential
districts may be constructed to equal the permitted maximum building
height in said districts, subject to Board of Zoning Appeals review
and approval, if the building or structure exceeds one story or 15
feet in height.
F. When an accessory building is located on a corner lot, the lot line
of which is substantially a continuation of the front lot line of
the lot to its rear, said building should not project beyond the front
yard setback required on the lot to the rear of such corner lot.
G. When an accessory building in excess of 200 square feet in any residence,
business or commercial district is intended for other than the storage
of private motor vehicles, the accessory use shall be subject to the
approval of the Zoning Board of Appeals.
H. Use of any accessory building or structure as a dwelling is strictly
prohibited throughout the City.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Garage sales are permitted on residentially zoned or residentially occupied property in compliance with the provisions of Chapter
141, Garage Sales, of the City Code.