1.    Applicability.  The standards of this section shall apply to all new development and to existing development that is modified to the extent that it includes uses or buildings that were not specifically shown on previously approved plans, provided that development in the CBD district shall be exempt from compliance with the parking, queuing and loading regulations in Secs. IV-A.4, IV-A.11 and IV-A.14.

a.     No reduction below minimum requirements.  Existing parking and loading spaces shall not be reduced below the minimums required in this section.  Any change in use of a building or lot that increases the off street parking as required under this Code shall be unlawful and a violation of this Code until such time as the off street parking complies with the provisions of this Code.

b.     New development.  Off-street parking and loading facilities shall be provided for any new building constructed and for any new use established, in accordance with the standards of this section.

c.     Enlargements of existing development.  Except as provided in this section for existing multi family dwellings and nonresidential uses, when an existing structure or use is expanded or enlarged, accessory off street parking shall be provided in accordance with the off-street parking schedule of Sec. IV-A.4.

(1)   Multi-family dwellings in existence prior to August 31, 2006.  When additional dwelling units are added to an apartment building or apartment complex that was in existence prior to August 31, 2006 only the additional dwelling units shall be required to provide off street parking spaces in accordance with these regulations.  The construction of additional dwelling units shall not trigger a requirement that off-street parking spaces be provided for the apartment dwelling units in existence prior to August 31, 2006.

(2)   Nonresidential use in existence prior to August 31, 2006.  When the expansion of a nonresidential use, in existence prior to August 31, 2006, and not having sufficient parking to meet the parking regulations that became effective on that date, does not exceed ten percent of the total floor area of the existing use, only the additional use area shall be required to comply with the off-street parking standards of Sec. IV-A.4, and such expansion of the existing use shall not require additional parking spaces to be provided for the existing use.

d.     Remodeling of existing development.  When an existing structure or use is remodeled, rehabilitated or altered such that the value of the remodeling exceeds 50 percent of the value of the structure being remodeled or altered, off street parking shall be provided in accordance with the off-street parking schedule of Sec. IV-A.4.

e.     Nonconforming status.  A land use that was legally established shall not be deemed nonconforming solely as a result of providing fewer off-street parking and loading spaces than required in this article.

2.    Parking area improvements.  Off-street parking shall be prohibited on unsurfaced areas.

a.     Low-density residential developments.  Parking areas and driveways for one-, two-, three- or four-family dwellings shall be surfaced with an all-weather surface, except however, that such developments located on unpaved streets may be of the same material as the streets.  Within 90 days after the streets are paved, the parking areas and driveways shall be improved with an all-weather surface.

b.     All other developments.  All parking areas, loading areas and driveways on all developments other than low-density residential developments shall be surfaced with concrete, asphaltic concrete, asphalt or other comparable surfacing and shall be maintained in good condition and free of all weeds, dust, trash and other debris.

3.    Use and maintenance of setback areas and yards not devoted to off-street parking.  Required setback areas and yard areas, except where surfaced for parking, loading and circulation aisles, shall be landscaped with grass, shrubs, trees or groundcover, and shall be maintained in good condition.

4.    Off-street parking schedule.  Off-street parking spaces shall be provided in accordance with the following off-street parking schedule.

 

Hospital and Convalescent Care Facilities	1 per 5 beds, plus 1 per employee in the largest working shift
Public Assembly, Concentrated (e.g., auction rooms, auditoriums, lodge rooms, reviewing stands, etc. which typically do not have fixed seats, but if chairs are provided they are not accompanied by a table	1 per 21 square feet used for public assembly
Public Assembly, Less Concentrated-assembly areas that may have fixed seats and tables (e.g., bingo parlors, conference rooms, exhibit rooms, stages, etc.)	1 per 45 square feet used for public assembly
School, Elementary	1 per teacher/employee, plus 5 visitor spaces
School, Middle	1 per teacher/employee, plus 10 visitor spaces
School, High	1 per teacher/employee, plus 1 per 5 students
C O M M E R C I A L
Animal Care, Limited	1 per 250 square feet
Animal Care, General
Bed and Breakfast	Same as Hotel/Motel
Billiard Center or Pool Hall	1 per 125 square feet of customer area
Bowling Center	4 per lane
Car Wash (w/o dryer)	2 per stall
Dance Hall	1 per 45 square feet
Flea Market	1 per 250 square feet exhibition and sales area
Funeral Home	1 per 3 seats
Go-cart/Skateboard Track	1 per 800 square feet of track area
Golf, Miniature	1 per hole
Golf Driving Range or Batting Cage	1 per tee or cage
Health Club/Fitness Center	1 per 90 square feet

L A N D  U S E	N U M B E R  O F  S P A C E S R E Q U I R E D
C O M M E R C I A L
Swimming Pool, Private/Neighborhood	1 per 100 square feet of pool area, plus 1 per 100 square feet of clubhouse area
Tavern and Drinking Establishment	1 per 2 occupants, except no additional parking for initial 16 occupants in outdoor seating area
Tennis/Racquetball Courts	3 per court
Theater, Indoor	1 per  3 seats
Vehicle and Equipment Sales	1 per 500 square feet of building area, plus 2 spaces for the first 10,000 square feet of lot area used for sales, display or storage purposes, plus 1 space for each 10,000 square feet of lot area used for sales, display or storage purposes thereafter (Spaces required per the lot area calculation shall be located near the entrance of the business and shall be signed for “Customer Parking Only”)
Vehicle repair, General	1 per 500 square feet, plus 3 spaces
Vehicle repair, Limited	1 per 333 square feet, plus 3 spaces
Vocational School	1 per teacher/employee, plus 1 per 3 students
Warehouse	1 per 1,000 square feet for the first 20,000 square feet of building area, plus 1 per 5, 000 square feet of building space over 20,000 square feet
Wholesale or business services	1 per 2,500 square feet of warehouse storage
I N D U S T R I A L,  M A N U F A C T U R I N G  A N D  E X T R A C T I V E
Manufacturing, General	1 per 500 square feet
Manufacturing, Limited	1 per 500 square feet
Wrecking/Salvage Yard	1 per 250 square feet of office or retail sales area, plus per 2,000 square feet of building area used for warehousing of salvaged part; plus 1 per 43,560 square feet of outdoor storage area

1.       Computing parking and loading requirements.

a.     Multiple uses.  Lots containing more than one use shall provide parking and loading in an amount equal to the total of the requirements for all uses, unless a shared parking plan is approved pursuant to Sec. IV-A.9.

b.    Fractions.  When measurements of the number of required spaces result in fractions, any fraction of less than one-half shall be disregarded and any fraction of one-half or more shall be rounded upward to the next highest whole number.

c.     Floor area.  Unless otherwise noted in the provisions, all square footage based parking and loading standards shall be computed on the basis of gross floor area within the principal building.  Off-street parking shall be adequate, however, to serve the entire use, including outdoor display areas and other outdoor uses.

d.    Employees, students and occupant-based standards.  For the purpose of computing parking requirements based on the number of employees, students, residents or occupants, calculations shall based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, whichever is applicable.

e.     Unlisted uses.  Upon receiving a development application for a use not specifically listed in this section, the Planning Administrator shall apply the parking and loading requirements specified for the listed use that is deemed most similar to the use proposed in the application.

6.    Location of required parking.  Except as provided in Secs. IV-A.9 and IV-A.10, all required off-street parking spaces shall be provided upon the same zoning lot as the principal use.  The location of required off-street parking spaces shall not interfere with normal traffic flow or with the operation of queuing and backup areas.

a.     Parking and circulation areas within setbacks.  Off street parking spaces, ingress and egress drives, and circulation aisles shall not occupy any part of a required front setback or any part of a required street side setback, except for the following:

(1)   Required setbacks in the NO through GI zoning districts not otherwise required to be landscaped;

(2)   Ingress and egress drives providing access to required off street parking and loading spaces;

(3)   Circular driveways for single-family dwellings when the lot is of sufficient size to comply with all other applicable regulations provided, however, that the setback area between the circular driveway and the public right of way line shall not be less than eight feet in depth and landscaped with a combination of shrubs, trees, grass and other landscaping materials;

(4)   Additional accessory off street parking for single-family and duplex dwellings shall be permitted within the required setbacks in residential zoning districts when the setback area of the lot is adjacent to a street having on street parking limitations and there is no reasonable access to the interior side or rear setbacks, provided, however, the total surfaced area within the required setback shall not exceed 750 square feet or 50 percent of the required setback, whichever is less;

(5)   Additional accessory off street parking for single-family and duplex dwellings shall be permitted within 50 percent of the required setbacks in residential subdivisions wherein street widths have been reduced with a direct stipulation that additional off street parking be provided;

(6)   Additional accessory off street parking for single-family dwellings on a surfaced area adjacent to an ingress driveway when there is no reasonable access to the side or rear setback, provided, however, the total surfaced area within the required setback shall not exceed 750 square feet or 50 percent of the required setback, whichever is less;

(7)   Parking on ingress and egress driveways for single-family and duplex dwellings when the parking is additional accessory off street parking; and

(8)   Parking on an existing surfaced driveway when a portion of an existing single family dwelling is converted to dwelling purposes by utilizing the required off street parking space.

b.     Distance from building or use.  No required off-street parking space shall be located more than 600 feet from the building or use it is intended to serve, measured along the shortest legal, practical walking route.  This standard shall not apply to parking spaces provided for auditoriums, stadiums, assembly halls or other places of assembly, nor shall it apply to hospitals or community or regional shopping centers or industrial, wholesaling, manufacturing or business park uses.

c.     Garages and carports.  Space within a carport or garage may be used to satisfy off-street parking standards.

7.    Use of required off-street parking areas.  Required off street parking spaces shall be reserved for the sole use of the occupants of the building or lot, and the visitors thereto.  Required parking spaces shall specifically not be used for the storage, sale or display of goods or materials, including shopping cart storage corrals, or for the sale, repair or servicing of vehicles.  Parking areas providing required spaces shall not be used to satisfy required off street parking for new structures or additions to existing buildings, structures or uses of land.  Required parking spaces shall be maintained and shall not be reduced so long as the main building, structure or use remains, unless an equivalent number of such spaces are provided elsewhere.

8.    Parking spaces for persons with disabilities.  A portion of the total number of required parking spaces in each off-street parking area shall be specifically designated, located and reserved for use by persons with disabilities.

a.     Number of spaces.  The minimum number of spaces to be provided shall be a portion of the total number of parking spaces required, as determined from the following schedule.  Parking spaces reserved for persons with disabilities shall be counted toward fulfilling the overall off-street parking standards.

b.     Minimum dimensions.  All parking spaces reserved for persons with disabilities shall comply with the size requirements of the Americans With Disabilities Act and other applicable codes.

c.     Location of spaces.  Required spaces for persons with disabilities shall be located in close proximity to building entrances and shall be designed to permit occupants of vehicles to reach the building entrance on an unobstructed path with a minimum width of three feet.  The Planning Administrator may require that off-street parking spaces provided for persons with disabilities be dispersed throughout the project if deemed necessary to ensure safe, convenient and accessible parking spaces for all users of the project.

d.     Signs and marking.  Required spaces for persons with disabilities shall be designated with signs as required by the Americans with Disabilities Act and other applicable codes.

9.    Shared parking.  The Planning Administrator may authorize a reduction in the number of required parking spaces for multiple use developments or for uses that are located near one another and that have different peak parking demands and operating hours.  Shared parking shall be subject to the following standards. 

a.     Location.  Shared off-street parking spaces shall be located no further than 600 feet, along an all-weather surfaced pathway, from the buildings and uses they are intended to serve.  Off-site parking spaces shall not be separated from the use by an arterial street, expressway, or freeway unless a grade-separated pedestrian walkway is provided.

b.     Shared parking analysis.  A parking analysis acceptable to the Planning Administrator shall be submitted that clearly establishes that uses will make use of the shared spaces at different times of the day, week, month or year.  The study shall:

(1)   Address the size and type of activities, the composition of tenants, the rate of turnover for proposed shared spaces, and the anticipated peak parking and traffic loads;

(2)   Provide for a reduction by not more than 50 percent of the combined parking required for each use; and

(3)   Provide for no reduction in the number of spaces reserved for persons with disabilities.

c.     Agreement for shared parking plan.  A shared parking plan shall be enforced through written agreement.  An attested copy of the agreement between the owners of record shall be submitted to Register of Deeds for recordation on forms made available in the office of the Planning Administrator.  Proof of recordation of the agreement shall be presented to the Planning Administrator prior to issuance of a building permit.

d.     Revocation of permits.  Failure to comply with the shared parking provisions of this section shall constitute a violation of this Code and shall specifically be cause for revocation of a certificate of occupancy.

e.     Parking for religious, educational and health-care related institutional uses.  For religious, educational and health-care related institutional uses, parking facilities may be separated from the zoning lot on which such use is located by a public or private street or alley and still be considered as on-site parking, provided the subject parking facility is under the same ownership as the use being served, and the zoning classification of the separate lot is not more restrictive than that of the main zoning lot on which the primary use is located.

10.   Off-site parking.  Required off-street parking spaces shall be located on the same zoning lot as the use the spaces are intended to serve, provided that the Planning Administrator may permit up to 50% of the required parking spaces to be located on a remote lot, which is defined as a lot separated by a street, alley, or lot under separate ownership or control from the lot on which the principal use is located.  For uses constructed prior to December 7, 2006 the Planning Administrator may authorize up to 100% of the required parking spaces to be located on a separate lot when the following standards are met. 

a.     Necessity.  The applicant shall demonstrate that it is not feasible to locate all of the required parking on the same lot as the principal use.

b.     Location.  No required off-site parking space shall be located more than 600 feet, along an all-weather surfaced pathway, from the primary entrance of the use served, measured along the shortest legal, practical walking route.  Off-site parking spaces shall not be separated from the use by an arterial street, expressway or freeway unless a grade-separated pedestrian walkway is provided.

c.     Zoning classification.  Off-site parking areas shall require the same zoning classification as required for the use served, or a zoning classification that permits a commercial parking area, or have received Conditional Use approval for parking area and/or accessory drive, ancillary.

d.     Agreement for off-site parking.  In the event that an off-site parking area is not under the same ownership as the principal use served, a written agreement shall be required.  An attested copy of the agreement between the owners of record shall be submitted to the Register of Deeds for recordation on forms made available in the office of the Planning Administrator.  Proof of recordation of the agreement shall be presented to the Planning Administrator prior to issuance of a building permit.

e.     Parking for religious, educational and healthcare related institutional uses.  For religious, educational and health-care related institutional uses, parking facilities may be separated from the zoning lot on which such use is located by a public or private street or alley and still be considered as on-site parking, provided the subject parking facility is under the same ownership as the use being served, and the zoning classification of the separate lot is not more restrictive than that of the zoning lot on which the primary use is located.

11.   Queuing requirements for drive-through facilities.  In addition to meeting the off-street parking requirements of this section, drive-through facilities shall meet the following standards.

a.     Queue space schedule.  The minimum number of queue spaces required shall be as follows.  Variations from these minimums may be allowed based on a traffic study submitted for review and approval by the City Engineer. Queue spaces may not utilize public right-of-way.

b.     Dimensions.  Queue spaces shall be a minimum of ten feet by 20 feet in size.

12.   Parking area design standards.  Off-street parking areas shall be designed and installed in accordance with applicable City and County standards, including the City’s Typical Standards for Off-Street Parking.

13.   Parking plans.  A parking plan shall be submitted to the Planning Administrator for review and approval prior to the issuance of any building, use or occupancy permit, except in the case of single-family dwellings which may be approved without a parking plan.  The parking plan and layout shall be approved only after the Planning Administrator determines that the plan complies with all applicable standards relating to: arrangement of parking spaces; number, location and dimensions of parking spaces; adequate aisle spaces and markings for channelization appropriate to the type of design; adequate turnarounds, if needed; the location and width of adequate means of ingress and egress; and where required or necessary, the location and height of required screening and the location of protective bumper guards.  Where the required screening walls and landscaped areas conflict with applicable intersection visibility standards, the Planning Administrator shall order the parking lot to be redesigned and the required screening to be relocated so as not to interfere with intersection visibility.

14.   Off-street loading schedule.  Off-street loading spaces shall be provided in accordance with the following schedule.

15.   Loading area design standards.  Off-street loading areas shall be designed and installed in accordance with applicable City and County standards, including the City’s Typical Standards for Off-Street Parking.

16.   Parking area lighting standards.  All lighted parking areas shall comply with the lighting standards of Sec. IV-B.4.

1.    Purpose.  The screening and lighting standards of this section are intended to protect residential districts from adverse visual impacts associated with nonresidential development.

2.    Applicability. Screening as required by Secs. IV-B.3.a and IV-B.3.b shall be provided as specified in Sec. IV-B on all properties developed for all uses except single family and duplex when such uses are established on property within, adjoining, or across a street or alley from residential zoning districts, except when separated by a major barrier.

3.    Screening Standards.  Screening may be provided by decorative fencing, evergreen vegetation, or landscaped earth berms.  Fences shall be not less than six nor more than eight feet in height except that within 20 feet of street right-of-way, the height shall be reduced to three feet.  When evergreen vegetation or landscaped earth berms are proposed for screening, a landscape plan shall be submitted to the Planning Administrator for review and approval. Screening shall be provided in accordance with the following standards:

a.     Screening along interior side and rear yards.  Screening of nonresidential uses shall be provided along all side or rear lot lines adjoining or across an alley from a residential zoning district, and screening of multifamily and manufactured home park uses shall be provided along all side or rear lot lines adjoining or across an alley from property zoned TF-3 or more restrictive. Solid screening with fencing or evergreen vegetation may be omitted for multi-family, manufactured home park, office and institutional uses along any side or rear lot line, or portion thereof whenever such development provides at least a 15-foot-wide landscape buffer adjacent to such lot line or portion thereof.  The buffer shall provide a minimum of one tree and five shrubs for every 30 lineal feet of adjacent property line or equivalent, with at least one-third of the trees being evergreens, or applicable standards of the City of Maize Landscape Code if these are more stringent.

b.     Screening of mechanical equipment and outdoor work and storage areas. 

(1)   Nonresidential screening from ground level view. Except along local or collector streets bounded on both sides by the LI or GI district, screening shall be provided on all nonresidential development sufficient to reasonably hide from ground level view all loading docks, trash receptacles, ground level heating, air conditioning and mechanical equipment, free-standing coolers or refrigeration units, outdoor storage including portable storage containers, outdoor work areas or similar uses from any residential zoning district or public street right of way located within 150 feet of such uses. 

(a)   Screening for portable storage containers in the LC district may be satisfied by meeting the requirements in Sec. III-B.14.e(3)(e).

(b)   Screening for portable storage containers in the GC and more intensive districts may consist of the wall(s) of the portable storage container if the container has no openings or signs facing a public street or adjacent property in a residential zoning district and if the wall(s) match the predominant material and colors of the existing structure or are an earth tone color that complements and appears inconspicuous against the color of the principal building when these conditions are met:

       1)    Located at least five feet behind the wall line of the principal building that faces a street,

       2)    Meet side and rear setback requirements for buildings, are separated by no more than ten feet from the principal building except when screened from view of a residential zoning district, residential use or arterial street by landscaping, earth berms, or by other nonresidential buildings; and are located at least 20 feet from any abutting property zoned TF-3 or more restrictive, or If these conditions are not met, screening shall be provided with a screening wall or fence as required in this section of the Code.

(2)   Nonresidential screening from roof-mounted equipment. Except along local or collector streets bounded on both sides by the LI or GI district, roof mounted heating, air conditioning and mechanical equipment on new buildings located within 150 feet of a residential zoning district or public street right-of-way shall be either screened from ground level view or set back a minimum of five feet from the top edge of the building wall for every foot in height above the height of the wall. 

(3)   Trash receptacles in multi-family and manufactured housing district. Screening shall be required for trash receptacles on properties developed for multifamily or manufactured home park uses from any residential zoning district or public street right-of-way located within 150 feet of the receptacle. 

c.     Driveway openings on alleys.  Whenever properties are developed adjacent to an alley, screening may be omitted at driveways deemed essential for ingress and egress from the alley to uses established on the property.

d.     Use of screening areas.  Landscaped yards required by this section shall not be used for driveways, parking, loading, outdoor storage, outdoor display, work areas, recreational areas, signs or similar uses.

e.     Materials used in screening walls and fences.  Screening walls and fences shall be constructed of standard building materials customarily used for wall and fence construction such as brick, stone, concrete masonry, stucco, concrete or wood. 

f.     Deferral of screening requirements.  If screening exists on either side of a developing property line that meets or exceeds the standards of this section, additional screening shall not be required.  However, if at any time the existing screening fails to meet the requirements of this section, compliance shall be attained by the property owners in the less restrictive zoning district.

4.    Lighting Standards.  Outdoor lighting sources shall employ cut-off luminaries to minimize light trespass and glare, and shall be mounted at a height not exceeding one-half the distance from the neighboring lot, unless evidence is provided to the satisfaction of the Planning Administrator that the light source will be aimed or shielded such that the light source is not visible from the neighboring lot.

1.    Purpose.  The compatibility standards of this section are intended to preserve and protect residential neighborhoods.

2.    Applicability. 

a.     Setbacks and height.  Compatibility standards for setbacks and height shall apply to all uses in MF-18 and less restrictive base zoning districts when such uses are located on zoning lots with 500 feet of property zoned TF-3 or more restrictive, except, however, that when the separating street is a freeway or expressway, compliance with the compatibility standards shall not be required.  Compatibility standards for setbacks and height shall also apply to all nonresidential uses in the RR, SF-20, SF-10, SF-5 and TF-3 districts when such uses are located on zoning lots within 500 feet of property zoned TF-3 or more restrictive, except however, that when the separating street is a freeway or expressway, compliance with the compatibility standards shall not be required. 

b.     Noise. Compatibility standards for noise shall apply to all uses in NO and less restrictive base zoning districts when such uses are located on zoning lots that are within 500 feet of any property zoned MH or more restrictive.

c.     Site design standards. Compatibility site design standards shall apply to swimming pool, tennis court, ball field or playground area associated with a parks and recreation facility (public) when such uses are located within 50 feet of property zoned TF-3 or more restrictive; and to dumpsters and refuse receptacles when such uses are located within 20 feet of property zoned TF-3 or more restrictive.

3.    Exemptions.

Notwithstanding the applicability provisions of Sec. IV-C.2, the following shall not trigger the compatibility standards:

a.     Construction in the MF-18 or less restrictive base zoning district of a use which is less intensive than the existing uses on the zoning lots zoned TF-3 or more restrictive which are adjacent or on the site across the street shall not trigger compliance with the setback or height compatibility standards, but only with the noise compatibility standards.

b.     Structural alteration of an existing building or structure when such alteration does not increase the square footage or height of a building;

c.     A change in use to a use that is no more “intensive” than the existing use.

d.     Property zoned TF-3 or more restrictive that is public right-of-way, railroad track, roadway, median or utility easement.

4.    Compatibility setback standards.  Compatibility setback standards shall only apply to side and rear lot lines adjacent to property zoned TF-3 or more restrictive.  The minimum compatibility (building) setback shall be 15 feet plus one foot for each five feet of (subject tract) lot width over 50 feet.  In no case shall the compatibility setback standards alone require more than a 25-foot setback.

5.    Compatibility height standards. The following height standards shall apply to development that is subject to compatibility standards, unless reduced or waived through the provisions of Sec. V-I.2.

a.     No structure (except for wireless communication facilities) shall exceed 35 feet in height within 50 feet of the lot line of property zoned TF-3 or more restrictive.  Structures located more than 50 feet from the lot line of property zoned TF-3 or more restrictive may increase height (if permitted by the base district regulations) at a ratio of one foot in height for each three feet of setback beyond 50 feet.  For example, a building limited to 35 feet in height at 50 feet from the lot line of property zoned TF-3 or more restrictive could be increased to a height of 85 feet at a distance of 200 feet from the lot line of property zoned TF-3 or more restrictive.

b.     Wireless communication facilities shall not exceed a height equal to the distance to the lot line of property zoned TF-3 or more restrictive.  For example, a wireless communication facility located 100 feet from the lot line of property zoned TF-3 or more restrictive cannot exceed a height of 100 feet.

6.    Compatibility noise standards.  No sound amplification system for projecting music or human voices shall be permitted on any property zoned NO or less restrictive if the music and/or voices can be heard within any residential zoning district which is located within a 500-foot radius of the subject site.

7.    Compatibility site design.  The following additional site design standards shall apply to development that is subject to compatibility standards.

a.     No swimming pool, tennis court, ball field or playground area associated with a parks and recreation facility (public) shall be permitted within 50 feet of an adjoining TF-3 or more restrictive district.

b.     Dumpsters and refuse receptacles shall be located a minimum of 20 feet from any property zoned TF-3 or more restrictive.

Residential design manufactured homes shall be subject to the following standards.

1.    Roof.  The roof must be predominantly double pitched and have a minimum vertical rise of 2.2 inches for every twelve inches of horizontal run, and must be covered with material that is customarily used on site built dwellings, including approved wood, asphalt composition shingles, or fiberglass, but excluding aluminum, corrugated fiberglass, or metal roof.  The roof shall have a minimum eave projection and roof overhang of ten inches, which may include a gutter.

2.    Siding.  Exterior siding shall be of a material customarily used on site built dwellings, which does not have a high gloss finish, such as wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco, or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior of the foundation or curtain wall or the joint between siding and enclosure wall shall be flashed in accordance with building codes adopted by the Governing Body.

3.    Installation.  The home shall be installed in accordance with the recommended installation procedures of the manufacturer and the standards set by the International Conference of Building Officials (ICBO) and published in the most recent edition of “Guidelines for Manufactured Housing Installations.”  A continuous, permanent concrete or masonry foundation or masonry curtain wall, unpierced except for required ventilation and access which may include walk out basements and garages, shall be installed under the perimeter of the home, also in accordance with the above referenced ICBO “Guidelines”.

4.    Entrance landing area.  At the main entrance door there shall be a landing that is a minimum of three feet by three feet which is constructed to meet the requirements of the building codes adopted by the Governing Body.

5.    Transport equipment.  All manufactured home running gear, tongues, axles, and wheels must be removed at the time of installation of the home on the lot.

6.    Finished floor elevation.  The finished floor of the residential design manufactured home shall be a maximum of 24 inches above the exterior finish grade of the lot on which it is located, as measured at the main entrance into the dwelling.

7.    Attached additions.  Any attached addition shall comply with the building codes adopted by the Governing Body.  Architectural and aesthetic standards, as specified above, shall be applicable to all additions.

8.    Garages.  Detached garages which may be constructed on the same lot as a residential design manufactured home shall comply with all requirements of the building codes adopted by the Governing Body and with all architectural and aesthetic standards, as specified above.

9.    Installation in historic district.  Reserve for future use.

The home occupation standards of this section are intended to permit the establishment of certain incidental and accessory home occupations in residential and rural areas under conditions that will ensure their compatibility with the character of the subject area.  They are intended to permit residents to engage in home occupations that are compatible with residential land uses and to ensure that home occupations do not adversely affect the integrity of residential and rural areas.  A home occupation shall be considered an accessory use, subject to the following standards.

1.     Where allowed.  Home occupations shall be permitted in any dwelling unit or permitted accessory structure unless otherwise prohibited or restricted by this section.

2.     Use limitations.  In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the standards of this section.

3.     General standards.  The following standards shall apply to all home occupations unless specifically modified by the standards of Sec. IV-E.4 or Sec. IV-E.6.f.

a.     No alteration of the principal building or premises shall be made which changes the character or appearance thereof.

b.    The home occupation shall not occupy more than 50 percent of the gross floor area contained within the dwelling unit.

c.     No equipment shall be used that creates noise, vibration, electrical interference, smoke or particulate matter emission, or odors that are in excess of ordinary and usual conditions prevailing in the immediate neighborhood as determined by the Planning Administrator.

d.    There shall be no outdoor storage of equipment, including but not limited to construction equipment, materials or vehicles used in the home occupation.

e.     No more than one commercial vehicle may be parked or temporarily stored inside or outside of a building and the one permitted commercial vehicle shall not exceed 26,000 pounds gross vehicle weight rating.

f.     No more than one person other than persons occupying such dwelling unit as their residence shall be employed.

g.    No inventory (except articles produced by members of the immediate family residing on the premises) shall be displayed or sold on the premises.

h.    The home occupation shall be conducted entirely within the principal dwelling unit or in a permitted accessory structure.

i.     No sign shall be permitted larger than two square feet; provided that it shall not be illuminated and shall be mounted flat against the main face of the dwelling or building involved.

4.     SF-10 and SF-5 district standards.  The following standards shall apply in the SF-10 and SF-5 districts.  In the event of conflict with the general standards of Sec. IV-E.3, the specific SF-10 and SF-5 district standards of this section shall control.

a.     In the SF-10 and SF-5 districts, no persons shall be engaged in a home occupation other than persons occupying the subject dwelling unit as their residence.

b.    In the SF-10 and SF-5 districts, no manufacturing or processing or conducting of a trade of any sort shall be done and no inventory shall be displayed or sold on the premises.

c.     In the SF-10 and SF-5 districts, the home occupation shall be conducted entirely within the main dwelling unit.  In the SF-10 and SF-5 districts, no home occupations shall be conducted within an accessory structure or garage, whether attached or detached.

d.    In the SF-10 and SF-5 districts, no sign shall be permitted except when required by law.  When such a sign is required, it shall not be larger than two square feet, provided that it shall not be illuminated and shall be mounted flat against the main face of the dwelling or building involved.

5.     Types of home occupations permitted.  Home occupations shall include the following list of occupations, plus uses which are similar in character; all other occupations shall be prohibited: 

a.     Artists, authors or composers, dancers, music teachers, and other similar artists, including instruction thereof; provided that instruction shall be limited to not more than ten pupils at a time;

b.    Home crafts, such as model making, rug weaving, lapidary work, cabinet making, small appliance repairs, etc;

c.     Office facilities for ministers, rabbis and priests;

d.    Office facilities for architects, engineers, lawyers, doctors, dentists, and members of similar professions;

e.     Office facilities for salespersons, sales representatives, and manufacturers representatives, when no retailing or wholesaling is made or transacted on the premises except through electronic means;

f.     Office facilities for service type businesses such as insurance agents, brokers, decorators, painters, business consultants, tax advisors, and photographers;

g.    Personal services, such as dressmakers, seamstresses, tailors, barber shops, and beauty shops;

h.    Pet grooming, but not including veterinary services or boarding;

i.     Dental laboratories;

j.     Uses determined by the Planning Administrator to be similar in character to those listed above, however, none of the following uses shall be deemed to be similar in character:

(1)   Animal care, except as provided in Sec. IV-E.7;

(2)   Auto and other vehicle repair except as provided in Sec. IV-E.7;

(3)   Bed and breakfast inn, except as provided in Sec. IV-E.7;

(4)   Contractor’s storage, except as provided in Sec. IV-E.7;

(5)   Funeral homes;

(6)   Kennels and stables when carried on as a business activity;

(7)   Medical  services other than medical or dental offices;

(8)   Renting of trailers, vehicles or other equipment;

(9)   Restaurants except as provided in Sec. IV-E.7;

(10)Tattooing and body piercing facility; and

(11) Any use first allowed by right or by Conditional Use in the LI Limited Industrial or GI General Industrial districts, unless specifically listed as permitted in Sec. IV-E.7.

6.     Qualifying conditions for rural home occupations.  In addition to the home occupations allowed by Sec. IV-E.5, rural home occupations (as specified in Sec.IV-E.7) are allowed by right on sites in the RR and SF-20 zoning districts under the following conditions:

a.     Each lot or tract shall be located upon a federal or state highway or a section line road and shall contain a minimum of 20 acres.

b.    The rural home occupation may not be conducted within 600 feet of a dwelling wherein no rural home occupation is conducted.

c.     The rural home occupation may be conducted in an accessory structure having a floor area equal to the floor area of the principal residence or up to 3,000 square feet, whichever is greater.

d.    Outdoor storage is permitted provided the size of the storage area does not exceed 10,000 square feet.  The storage area shall be located behind the front of the building within which the home occupation is conducted and at least 200 feet from all property lines or public street rights of way.  Screening of the storage area by structures, solid or semi solid fencing and/or landscape materials from adjacent roads and properties is required within 600 feet of a property line or public right of way.  Fences used to accomplish screening shall be constructed to prevent the passage of debris or light and constructed of either brick, stone, architectural tile, masonry units, wood or similar material (not including woven wire) and shall be not less than six nor more than eight feet in height.  Landscape material intended to be used for screening purposes must be indicated on a plan drawn to scale and submitted to the Planning Administrator for review and approval.  Landscape material must provide the desired screening effect within the first growing season following installation and throughout the year every year thereafter.

e.     No more than two persons, other than persons occupying the dwelling unit as their residence, shall be employed in any home occupation.

f.     Only the standards of Secs. IV-E.3.a, IV-E.3.c, IV-E.3.g and IV-E.3.h shall apply to rural home occupations.

g.    One on site, free standing (or attached to an accessory building), non illuminated sign up to 12 square feet in size located outside public right of way shall be permitted.

h.    Rural home occupations as specified in Sec. IV-E.7 that do not meet one or more of the conditions above, but are limited to no less than five acres and no more than four non-residents employed in the home occupation, may be approved as Conditional Uses in accordance with the requirements and procedures for Conditional Uses in this Code. 

7.     Types of rural home occupations permitted.  Rural home occupations permitted, in addition to those allowed by Sec. IV-E.5, include:

a.     Animal care, general and limited;

b.    Antique restoration;

c.     Assembly, maintenance and repair of agricultural implements and equipment;

d.    Assembly of small mechanical devices, electronic devices and components;

e.     Automobile painting, upholstering, rebuilding, renovation, reconditioning, body and fender works and overhaul conducted entirely within an enclosed structure with no outdoor storage of vehicles, parts or equipment;

f.     Bed and breakfast inn limited to three rooms for let and subject to all applicable codes concerning tourist accommodations and food handling enterprises;

g.    Blacksmith shop, welding, heat treating and machine shop;

h.    Contractor’s storage, subject to size limitations and screening as set out in Sec. IV-E.6.d above regardless of on-site location;

i.     Custom butchering, meat curing and processing;

j.     Household dining establishments conducted within the main residence by prior reservation only, limited to 16 patrons and subject to applicable licensing and building code requirements;

k.    Manufacturing of pottery, statuary, figurines, or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas;

l.     The parking or storage of one commercial vehicle owned by the occupant and exceeding 26,000 pounds gross vehicle weight rating subject screening as set out in Sec. IV-E.6.d above regardless of on-site location;

m.   Production, compounding, processing, packing or treatment of such products as bakery goods, candy, dairy products and food related products;

n.    Production, fabrication and assembly of small implements used in the home, office, shop, garage, lawn, garden and farm;

o.    Use of farm buildings for nonagricultural storage;

p.    Uses determined by the Planning Administrator to be similar in character to those listed above.

1.    Responsibility.  It shall be the responsibility of the owner or the owner’s successors in interest to maintain in good condition all required improvements on the owner’s property.  This shall include, but not be limited to, fences, screening, landscaping, off street parking and off street loading areas.

2.    Violations.  When it is determined by the Planning Administrator that improvements required by this Code are not being maintained, the Planning Administrator shall initiate enforcement proceedings pursuant to the procedures and standards of Article VIII.

Offices, sheds, warehouses and open-air storage areas used by building contractors in connection with the building of a principal building or the development of an area may be erected and used in any district, provided they shall be removed from the premises within ten days after substantial completion of the project or unusual suspension of work.  A manufactured home or recreational vehicle may be occupied at a construction site by a night watchman for the duration of a construction project when approved by the Planning Administrator.

No building, nor any addition thereto, shall be erected over or under any public sewer or public utility lines, nor upon any platted or recorded easement, unless permission is granted, in writing, by the Planning Administrator or the public utility whose lines are involved.