CHAPTER 155: ZONING
Section
General Provisions
155.01Title
155.02Scope
155.03Definitions
155.04Subdivisions
155.05Planned Unit Developments
155.06City sale of land
155.07Setback from pipeline easements
155.08Placement of residential dwellings
District Regulations
155.20Establishment of districts and maps
155.21Districts for annexed areas and unzoned areas
155.22District boundaries
155.23District regulations generally
155.24R-1 One Family Dwelling District
155.25R-2 One And Two Family Dwelling Districts
155.26R-3 Multiple Dwelling Districts
155.27R-4 Residential Manufactured Housing District
155.28CBD Central Business District
155.29GB General Business District
155.30RB Residential Business District
155.31I Industrial District
155.32A Agricultural District
155.33C Conservation District
155.34Off-street parking and loading
Planned Unit Developments
155.50General provisions
155.51Purpose and intent
155.52General requirements and standards
155.53Special requirements and standards
155.54Procedure for processing
155.55Submission requirements
155.56Amendments and administration
Administration and Enforcement
155.70Conditional use permits
155.71Home occupations
155.72Interim uses
155.73Appeals and variances
155.74Building permit and certificate of occupancy
155.75Enforcement by Zoning Administrator
155.76Board of Adjustment and Appeals; fees; appeals
155.77Amendment to the zoning chapter
155.99Penalty
Cross-reference:
Flood damage regulations; relationship to other
land usage regulations, see § 152.15
Planning Commission, see §§ 33.20 et seq.
Sign regulations, see Chapter 153
Zoning map amendments, see T.S.O. IV
GENERAL PROVISIONS
§ 155.01 TITLE.
This chapter shall be known, cited, and referred to as the “Hinckley City Zoning Ordinance” or “Zoning Code,” except as referred to herein, where it shall be known as "this chapter".
(Ord. 560, passed 6-6-78)
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§ 155.02 SCOPE.
In interpreting and analyzing these zoning provisions, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience, and general welfare. Whenever the provisions herein require greater standards than are required by any other statute, ordinance or regulations, the provisions of this chapter shall govern. Whenever the provisions of any other statute, ordinance or regulations require greater standards than are required by the provisions herein, the provisions of such statute, ordinance or regulation shall govern.
(Ord. 560, passed 6-6-78)
§ 155.03 DEFINITIONS.
All words used in the present tense shall include the future; all words in the singular number include the plural number and all words in the plural number include the singular number; the word “building” includes the word “structure” and “dwelling” includes “residence”; the word “person” includes “corpora-tion,” “co-partnership,” “association,” as well as an “individual”; the word “ shall” is mandatory and not directory.
ACCESSORY BUILDING. A building or structure on the same lot, the use of which is incidental to the main use.
ACCESSORY USE. A use subordinate to the main use on a lot and used for purpose clearly incidental to those of the main use.
AGRICULTURAL. The cultivating of soil and activities incidental thereto; the growing of soil crops in the customary manner on open tracts of land; the accessory raising of livestock and poultry. The term shall include incidental retail selling by the producer of products raised on the premises, provided that space necessary for parking of vehicles of customers shall be furnished off the public right of way.
ALLEY. Any dedicated public way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.
ALTERATIONS. Any change, addition or modification in construction or type of occupancy, any change in the structural members, load bearing or non-load bearing, of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as “altered” or “reconstructed.”
APARTMENT. A multi-use building arranged and intended as a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
BASEMENT. The portion of the building between the floor and the ceiling which is partly below and partly above grade but so located that the vertical distance from the grade to the floor is less than the vertical distance from grade to ceiling.
BILLBOARD. Any sign which has an area exceeding 150 square feet.
BOARDING HOUSE. A building other than a hotel containing at least one dwelling unit, where for compensation and by pre-arrangement for definite periods, meals, or lodging and meals, are provided for three or more persons not members of the principal family therein.
BUILDING, HEIGHT OF. The vertical distance measured from the average elevation of the finished grade along the building edge to the highest point of the roof surface in a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and gambrel roofs.
BUILDING SETBACK. The minimum horizontal distance between the building and the specified lot line as prescribed in this chapter.
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CAMP GROUND. Public or private land or premises used or occupied for compensation by campers.
CANOPY. Any structure, movable or stationary, attached to and supported by the building and projecting over public property.
CONDITIONAL USE. Any use of land or buildings, or both, described in each district and requiring the approval of the Council.
DRIVE-IN. Any use providing the opportunity of selling, serving, or offering goods or services directly to customers in vehicles.
DRIVEWAY. A minor private way used by vehicles and pedestrians on an individual lot or parcel of land.
DWELLING. A building or portion used exclusively for residential occupancy, including only one family, two family, and multiple family dwelling units.
DWELLING, ATTACHED. (Group, Row, or Townhouse) A dwelling joined to other dwellings by party walls.
DWELLING, MULTIPLE FAMILY. A building or portion thereof designed for or containing three or more dwelling units and not including attached row dwellings (party wall) type as defined herein.
DWELLING, SINGLE FAMILY. A one family dwelling designed for and used for occupancy by one family.
DWELLING, TWO FAMILY. A building designed or intended exclusively for occupancy by two families living independently of each other; duplex.
DWELLING UNIT. Two or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.
ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam or water transmission or distribution systems; traffic signals, hydrants, or other similar equipment and accessories in conjunction therewith; but not including buildings.
FAMILY. An individual or two or more persons related by blood or marriage or a group of not more than five unrelated persons living together on the premises or in a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, club lodge, sorority or fraternity house.
FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel
FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD PLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by flood waters.
FLOOD PROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages.
FLOOR AREA. The sum of the gross horizontal area of the several floors of the building, measured from the exterior walls.
FLOOR AREA (LIVABLE). Means the same as “floor area” defined above, except measured from interior walls excluding all areas occupied by cellars, garage, porches, unoccupied attics, stairways, basements, storage, utility and heating rooms.
FLOOR AREA RATIO (FAR). The floor area of the building or buildings on that zoning lot divided by the area of such zoning lot, or, in the case of planning developments or group housing projects by the gross site area.
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GARAGE, PUBLIC. Any premises used for the storage or care of motor vehicles or premises where any such vehicles are equipped for operation, are repaired, or are kept for hire, or for sale. Any sale of gasoline, oil, and accessories are only incidental to the principal use.
GARAGE, TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors, and commercial vehicles exceeding one and one-half ton capacity.
GRADE, GROUND. The average of the finished level at the center of all exterior walls of the building.
GRADE, STREET. The elevation of the estab-lishment of the street in front of the building measured at the center of such front.
HOME OCCUPATION. Any occupation or profession carried on by a member of the family, residing on the premises, conducted entirely within the dwelling, provided that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.
HOTEL. A building occupied as the lodging place of transient individuals who are lodged with or without meals.
LIVING AREA. A house and detached garage in close proximity.
LODGING HOUSE and ROOMING HOUSE. A building containing at least one dwelling unit, wherein are provided lodging for compensation by pre-arrangement for definite periods.
LOT. Land occupied or to be occupied by a building and its accessory buildings together with such open spaces as are required under this chapter and having its principal frontage upon a public street or officially approved access. The term is also known as “zoning lot” and shall include the words “plat,” “piece” and “parcels.”
LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
MARQUEE. A permanent roofed structure attached to and supported by the building and projecting over public property.
MANUFACTURING, HEAVY. The manufac-ture, compounding, processing, packaging, treatment, or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located.
MANUFACTURING, LIGHT. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials provided such use will not generate offensive odors, glare, smoke, dust, noise, vibrations, or other objectionable influences that extend beyond the lot on which the use is located.
MODULAR HOME. A manufactured dwelling unit, suitable for year around occupancy and containing water supply, waste disposal and electric conveniences designed for attachment to outside systems, all constructed in conformance with city building, fire and plumbing codes.
NONCONFORMING USE. Any pre-existing structure or use of land which is inconsistent with the provisions of this chapter or an amendment hereto.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself of by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
PARCEL. Having its own property identification filed with the county.
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PARK MANAGEMENT. The person or persons having charge, care or control or a mobile home park.
PARK STREET. A private way which affords principal means of access to individual mobile home lots, or auxiliary buildings.
PARKING SPACE. A land area exclusive of driveways and aisles, of such shape and dimensions so prepared as to be usable for the parking of motor vehicles, in accordance with standards of the Institute of Traffic Engineers, which are hereby adopted as amended by reference and available at the office of the City Engineer.
PERMIT. A written permit or certification issued by the building official permitting the construction, alteration, or extension of a permanent structure under provisions of this chapter and regulations issued herein.
PLANNED DEVELOPMENT or PLANNED UNIT DEVELOPMENT. A large lot or tract of land developed as a unit rather than as individual development wherein two or more buildings may be located in relationship to each other rather than to lot lines or zoning district boundaries.
PLANNING AGENCY. The organization of the planning commission and the planning department.
PUBLIC OPEN SPACE. Any publicly owned open area.
REST HOME and NURSING HOME. A private home for the care of aged or infirmed, or a place of rest for those suffering bodily disorders.
ROW HOUSE. A group or row of dwellings, each containing one or more dwelling units and all occupying one lot, as defined herein, except that frontages may be on a common court
SETBACK. The mean horizontal distance between the front street right of way line and the front line of the building or the allowable building lines as defined by the front yard regulations of this chapter.
SIGN. A name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure, or land in view of the general public and which directs attention to a product, place, activity, person, institution or business.
SIGN, ADVERTISING. Directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere and upon the premises where such a sign is located or to which it is affixed.
SIGN, BUSINESS. Directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
STREET. A thoroughfare which affords a principal means of access to abutting property and which has been accepted by the city as a public way.
STRUCTURE. An object constructed or installed by humans.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls, columns, beams, foundations, or girders, or any changes in the roof and exterior walls.
USED FOR. Include s the phrases “arranged for,” “designed for”, “intended for,” “ maintained for,” and “occupied for.”
VARIANCE. A modification of the literal provisions of this chapter granted when strict enforcement of the chapter would cause undue hardship or practical difficulties to the property owner in the use of his or her land. The crucial points of variance: (a) undue hardship; (b) unique circumstances; and (c) applying to property.
(1)The hardship must not have been created by actions of the landowner.
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(2)The variance will not alter the essential character of the area and should be in conformance with the city growth management system. Granting of the variance shall not allow any use which is neither permitted or conditional use within the zoning district on which the subject property is located.
(3)The plight of the landowner must be due to unique circumstances. If the hardship is common to several properties, the variance must not be granted.
(4)The proof that a landowner could realize a higher financial return for his land as a result of the variance is not sufficient grounds for granting a variance. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance.
YARD. An open space which can include an enclosed court on the same zoning lot with a building or structure, which yard is unoccupied by a structure, and exclusive or required parking are except as otherwise permitted in this chapter.
YARD, FRONT. A yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest portion of the main building, including an enclosed or covered porch provided that the front yard depth shall be measured from an existing or future street line on which the lot fronts.
YARD, REAR. A yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building.
YARD, SIDE. A yard between the side line of the lot and the main building extending from the front yard to the rear yard and having a width equal to the shortest distance between said side line and the main building.
ZONING MAP, OFFICIAL. The map or maps incorporated into this chapter as part thereof, designating the zoning district. The official map shall
be used by the Planning Commission, city staff, and City Council in regard to zoning classifications and districts.
(Ord. 560, passed 6-6-78; Am. Ord. 604, passed 9-5-00)
§ 155.04 SUBDIVISIONS.
All divisions of land within the city into two or more parcels will be subject to the subdivision regulations of the city (see Chapter 154).
(Ord. 560, passed 6-6-78)
§ 155.05 PLANNED UNIT DEVELOPMENTS.
All parcels of land developed as an integrated, coordinated parcel of mixed uses will be subject to the Planned Unit Development District standards as described in this chapter. Planned Unit Developments in the Shorelands District will be subject to the city Shorelands Ordinance as well as the Planned Unit Development District standards in this chapter.
(Ord. 560, passed 6-6-78)
§ 155.06 CITY SALE OF LAND.
(A)For purposes of city ordinances, the PROJECT DEVELOPER is defined as the owner, applicant and/or title holder of property to be developed. In the case of joint ownership, or the sale of property by contract for deed, as part of the project, the pre-development costs shall be the responsibility of all parties involved in the transfer of property unless an agreement between all parties has been mutually accepted and documented.
(B)In the case where the city is the seller of a parcel of land for the purposes of development, all mechanical or pre-development costs shall be the responsibility of the project developers as defined in this section. The Project developer shall provide written notification to all contractors and subcontractors involved in the development project that the city will not be responsible for any pre-
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development costs if in fact the project fails to completely develop. The city shall receive copies of such notification for its records.
(Ord. 560, passed 6-6-78; Am. Ord. passed 4-1-97)
§ 155.07 SETBACK FROM PIPELINE