A.
Jurisdiction. The jurisdiction of this chapter shall
apply to all structures, lands, water and air within the corporate
limits of the Village of Orfordville.
B.
Compliance.
(1)
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.
(2)
All buildings erected hereafter, all uses of land
or buildings established hereafter, all structural alteration or relocation
of existing buildings occurring hereafter, and all enlargements of,
or additions to, existing uses occurring hereafter shall be subject
to all regulations of this chapter which are applicable to the zoning
districts in which such buildings, uses or land shall be located.
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.
Number of residential buildings on a zoning lot. Except
in the case of planned residential developments, not more than one
principal detached residential building shall be located on a zoning
lot, nor shall a principal detached residential building be located
on the same zoning lot with any other principal building.[1]
[1]
Editor's Note: Original § 13-1-20(e),
Lots abutting more restrictive district, which immediately followed
this subsection, was repealed 5-10-2004 by Ord. No. O-2004-01.
E.
Foundation required. Any residential dwelling, including
but not limited to single-family dwellings, two-family dwellings,
multifamily dwellings, and mobile homes, shall be set on a basement
or masonry foundation system approved of by the Village Zoning Administrator.[2]
[Added 4-28-2003]
[2]
Editor's Note: Throughout this chapter, references
to the "Building Inspector" were amended to read "Zoning Administrator"
5-10-2004 by Ord. No. 0-2004-01.
F.
Planned residential developments.
[Added 1-28-2013]
(1)
Definition and explanation.
(a)
A planned residential development (PRD) is a development containing
residential lots or units with some or all of the parcels reduced
below the minimum lot sizes required by the zoning district. Projects
are planned to achieve a coordinated, functional and unified development
pattern. A PRD allows greater flexibility in project layout while
assuring that the character of the underlying district is maintained.
(b)
A planned residential development may be allowed at the discretion
of the Village Board following a recommendation of the Planning Commission
in any residential zone. An application for approval of a PRD is a
request by the applicant for additional density and flexibility than
that allowed by the underlying zoning.
(c)
The intention of this Subsection F to allow and encourage a flexible, efficient and imaginative development pattern. Planned residential developments can:
[1]
Provide flexible development options where a standard lot pattern
is not practical or desirable due to physical constraints.
[2]
Promote attractive architectural design, creative lot configuration,
provide open spaces, and ensure efficient delivery of services.
[3]
Promote usable public and private recreation areas, parks, trails
and open space with assurance of maintenance.
[4]
Reduce development costs and ongoing maintenance costs.
(2)
(4)
Factors to consider. The Planning Commission and Village Board shall
consider the following factors in determining whether to approve a
planned residential development:
(a)
The proposed development site plan is designed in its space
allocation, proportions, orientation, materials, landscaping and other
features as to produce a stable and desirable character, complementary
and integral with the site's natural features;
(b)
The overall design and residential amenities are such as to
warrant special consideration for modification of existing standards
elsewhere in the Zoning Chapter;
(c)
The proposed development is consistent with all municipal comprehensive
plans and objectives;
(d)
The natural integrity of environmentally sensitive areas will
be enhanced;
(e)
Scenic vistas will be preserved; and
(f)
Existing recreational activities will be preserved and protected
from redevelopment.
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)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Village Board, following a recommendation by the Plan Commission, in accordance with Article IV of this chapter, excepting those existent at time of adoption of this chapter.
(2)
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, following
a recommendation by the Plan Commission, for them to continue as valid
conditional uses, and the same shall be deemed to be regular conditional
uses.
(3)
A proposed change from a permitted use in a district to a conditional use shall require review, public hearing and approval by the Village Board, following a recommendation by the Plan Commission, in accordance with Article IV of this chapter.
(4)
A conditional use(s), when replaced by a permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of a new conditional use(s) shall require review, public hearing and approval by the Village Board, following a recommendation by the Plan Commission, in accordance with Article IV of this chapter.
(5)
Conditional uses authorized by the Village Board,
following a recommendation by the Plan Commission, 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.
[Amended 5-10-2004 by Ord. No. O-2004-01]
(6)
A conditional use permit shall be deemed to authorize
only one particular conditional use.
[Amended 5-10-2004 by Ord. No. O-2004-01]
D.
Uses not specified.
(1)
Uses not specified in this chapter which are found
by the Plan Commission to be sufficiently similar to specified permitted
uses for a district shall be allowed by 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, following a recommendation by the Plan Commission, after public hearing and approval in accordance with Article IV of this chapter.
E.
Validity of zoning, conditional use, variance and
special use permits. Where the Zoning Administrator has issued a zoning
certificate, a conditional use permit, a permit for a variance or
a special use permit pursuant to the provisions of this chapter, such
permit shall become null and void unless work thereon is substantially
underway within six months of the date of the issuance of such permit
by the Zoning Administrator.
[Amended 10-11-2004]
F.
Yard requirements where buildings not present. 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 chapter, except
that yards shall not be required on lots used for garden purposes
without buildings or structures, nor on lots used for public recreation
areas.
G.
Prohibited uses of residential property. No land which
is located in a residence district shall be used for driveway or access
purposes to any land which is located in a commercial or industrial
district or used for any purpose not permitted in a residence district.
[Amended 5-10-2004 by Ord. No. O-2004-01]
H.
Special use permit.
[Added 10-11-2004]
(1)
Special use permits require, for their authorization,
review, public hearing and approval by the Village Board, following
a recommendation by the Plan Commission.
(2)
A special use permit is a grant of authority whereby
the Village Board may allow the use of land or a building in a residential
district which is not specifically permitted by this Zoning Ordinance.
The special permit is given personally to the individual who occupies
or owns the residential premises, for that specified land or building,
for a limited and defined purpose, for a limited period of time renewable
by the Village Board; the permit may be discontinued or terminated
when the person to whom the permit is granted fails to continue to
operate or make such use of the property as is allowed by the permit.
(3)
A special use permit shall be deemed to authorize
only one particular use.
A.
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 that such street yard setbacks shall be
no less than the average of the street yards required in both districts.
B.
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, upon the recommendation of the 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 the section, 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.
C.
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 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. Retaining walls may be permitted on a site-specific
basis as allowed by the Village Engineer.
D.
Decks. For purposes of this chapter, decks and porches
shall be considered a part of a building or structure.
E.
Access to improved public street.
(1)
No building permit for a principal building shall
be issued unless the zoning lot on which the principal building is
to be erected fronts on an improved public street having a width of
at least 66 feet, nor shall a building permit be issued for any building
on a corner lot where an accessory garage is served from the side
street unless said side street is improved.
(2)
No zoning lot shall contain any building used as a
residence unless such lot abuts for at least 30 feet on an improved
public street.
A.
Continued conformity with bulk regulations. The maintenance
of yards, courts, usable open spaces and other open spaces and minimum
lot area legally required for a building shall be a continuing obligation
of the owner of such building or of the property on which it is located
as long as the building is in existence. Furthermore, no legally required
yards, courts, usable open spaces, other open spaces or minimum lot
area allocated to any building shall, by virtue of change of ownership,
or for any other reason, be used to satisfy yard, court, usable open
space, other open space or minimum lot area requirements for any other
building.
B.
Division of improved zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots, and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such division or sale shall conform to all the applicable bulk regulations of the district in which the property is located and the provisions set forth in Subsection C.
C.
Location of required open space. All yards, courts,
usable open spaces and other open spaces allocated to a building or
dwelling group shall be located on the same zoning lot as such building
or dwelling group.
D.
Required yards for existing building. No yards now
or hereafter provided for a building existing on the effective date
of this chapter shall subsequently be reduced below, or further reduced
if already less than, the minimum required by this chapter for equivalent
new construction.
E.
Permitted obstructions in required yards. The following
shall not be considered to be obstructions when located in the required
yards specified:
(1)
In all yards:
(a)
Arbors and trellises.
(b)
Awnings.
(c)
Chimneys projecting 18 inches or less into the
yard.
(e)
Flagpoles and garden ornaments.
(f)
Open terraces not over three feet above the
average level of the adjoining ground, but not including a permanently
roofed-over terrace or porch.
(g)
Recreational equipment.
(h)
Steps not over three feet above the ground level
which are necessary for access to a permitted building or for access
to a zoning lot from a street or alley.
(2)
In front yards:
(a)
One-story bay windows projecting three feet
or less into the yard, provided that such windows do not occupy, in
the aggregate, more than 1/3 of the front wall of the building, and
come entirely within planes drawn from either main corner of the front
wall, making an interior angle of 21 1/2º in the horizontal
plane with the front wall.
(b)
Overhanging eaves and gutters projecting three
feet or less into the yard.
(3)
In rear yards:
(a)
Accessory sheds, tool rooms and similar buildings
or structures for storage.
(b)
Air-conditioning equipment.
(c)
Balconies or decks, open to the sky, projecting
six feet or less into the yard.
(d)
Detached private garages and open off-street
parking spaces.
(e)
Fire escapes projecting six feet or less into
the yard.
(f)
Laundry drying equipment.
(g)
One-story bay windows projecting three feet
or less into the yard, provided that such windows do not occupy, in
the aggregate, more than 1/2 of the rear wall of the building and
come entirely within planes drawn from either main corner of the rear
wall, making an interior angle of 22 1/2º in the horizontal
plane with the rear wall.
(h)
Overhanging eaves and gutters projecting three
feet or less into the yard.
(i)
Swimming pools.
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.
A.
Permitted home occupations. Home occupations are allowed
in all residences in all districts with development permits issued
by the Zoning Administrator, provided that the following requirements
are met:
(1)
No article is sold or offered for sale on the premises.
Samples and goods may be kept but not sold on the premises.
(2)
No exterior storage of equipment or materials may
be used in connection with the home occupation.
(3)
No more than 1/4 of the area of the total area of
the principal structure shall be used for the home occupation activity.
(4)
No garages or detached accessory structures may be
used for the home occupation activity.
(5)
No structural alterations or construction involving
features not customarily found in dwellings is allowed.
(6)
The home occupation shall not involve the repair of
vehicles or motors or construction of equipment and machinery.
(7)
The home occupation shall have no on-premises advertising
signs in connection with the use.
(8)
There shall be no detriments to the residential character
of the neighborhood due to the emission of noise, odor, smoke, dust,
gas, heat, vibration, electrical interference, traffic congestion,
or other nuisances resulting from the home occupation.
(9)
Classes held on the premises shall have no more than
four students at a given time and shall be given within the principal
structure only.
(10)
No employees other than the residents of the
premises shall be permitted.
(11)
The home occupation shall not result in the
need for more than two parking spaces at any given time in addition
to spaces required by the occupant of the home.
(12)
Home occupations may not be conducted outside
the principal structure unless a conditional use permit is granted.
