Approved by City Council April 4, 2006 and as amended through October 5, 2010
The Plan Commission will review the subdivision ordinance through public hearings. Upon final review of each document, the Plan Commission will make a recommendation to the City Council for final approval regarding the proposed changes.
Please contact City Planner Tami Huftel at 815-433-0161 with any questions regarding Subdivision Ordinance.
Section 2: GENERAL AND SUPPLEMENTAL REGULATIONS
A. General Regulations:
Except as hereinafter provided:
1. No building shall be erected, reconstructed or structurally altered, nor shall any building or premises be used for any purpose other than permitted in the district in which such building or premises is located.
2. No building shall be erected, reconstructed, or structurally altered to exceed the height limit herein established for the district in which such building is located.
3. No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established for the district in which such building is located.
4. No building shall be erected and no alternations shall be made to the vertical elevation of the site that will impede the natural flow of surface water or direct additional flows from the building or site as to adversely affect adjacent properties.
B. Exceptions to Height Limits:
1. Necessary Appurtenances. This ordinance shall not be deemed to limit or restrict the height of airplane landing towers, belfries, chimneys, clock towers, cooling towers, elevator bulkheads, gas tanks, grain elevators, stacks, flag poles, tanks, water towers, ornamental towers and spires or wireless towers, or other necessary appurtenances commonly constructed above the roof line. These appurtenances shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent ordinances of this municipality, provided that in “A-1”, “A-2” and “B” Residence districts no such appurtenance shall exceed fifty (50) feet in height.
2. Towers. Towers may be erected to any height, provided the base shall not exceed one-fourth the area of the lot upon which the building to which said tower is an appurtenance is erected; and shall not exceed 2,500 square feet in area and shall be distance at every point from any adjoining property line a distance at least equal to its height.
3. Churches, Public/Semi-Public Buildings. Churches, public or semi-public buildings, hospitals, sanitarium or schools may exceed the height restrictions of the district, provided such structure shall have front and side yards on both sides complying with the area regulations of the district, and, in addition, the front and side yards shall be increased one foot in width for each foot the building exceeds the height regulations of the district.
C. Exceptions to Area Regulations:
1. Front Yards. In computing the depth of a front yard in the “A-1”, and “A-2” Residence Districts, and “B Residence District in area which have been partly built up, where the average established depth of the front yard of buildings with front yards fronting on one side of any given street between two cross streets exceeds the requirements under this ordinance, the required depth of the front yard shall be increased to conform with such average, which need not, however, exceed twenty (20) feet in the “A-1” and “A-2” Residence Districts or fifteen (15) feet in the “B” Residence Districts. If the average established depth of the front yard is less than required under this ordinance, the depth of the front yard may be decreased to conform with the average which shall in no case be less than seven (7) feet. No existing building shall be altered so as to decrease the depth of the front yard so that the same shall fall below the requirements of this paragraph for future buildings.
2. Corner Lot. In the “A-1”, “A-2” and “B” Residence Districts, no building on corner lot shall have a side yard on the side street side less than ten (10) feet in width.
3. Lot Division. In the division of any lot on which a building or buildings already exist, the property side, rear and front yard clearances, as provided under this ordinance, must be provided between the new lot lines to be formed and the closest existing building (said divided lot construed as meaning any lot in an accepted and approved subdivision with said City), provided that all lots so formed by said division as aforesaid shall not be less than 7,200 square feet in area.
4. Access to Approved Street. It shall be unlawful for any person, firm or corporation to construct, place or move any dwelling or residence on or onto any lot unless one side of the said lot shall be adjacent to a duly accepted and approved street.
D. Lots of Record (Districts “D” and “E”):
In Districts “D” and “E”, industrial and commercial buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance, not withstanding area and width limitations imposed by other provisions of this ordinance. Such lot must be in separate ownership and not of contiguous frontage with other lots in the same ownership.
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if the combined parcel of land does not meet the requirements for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance.
E. Front Setback-Through Lots:
Through lots shall meet the front setback requirements of the district in which it is located on both sides of the lot.
F. Accessory Use and Accessory Structure:
a. “Accessory Use” means a use incidental to the principal building, structure or use of land.
b. “Accessory Structure” means any structure which is:
c. Television antennas, satellite dishes/antennas and solar collection systems shall be considered accessory structures.
2. Attached to Principal Structure. If an accessory structure is attached to the principal structure, it shall be considered part of such principal structure. Accessory structures shall not be located in any part of any yard (front, side or rear) that is required in such district because of setback regulations. An accessory structure may not be used as a dwelling.
3. “A-1”, “A-2” and “B” Resident Districts. In the “A-1”, “A-2” and “B” Residence Districts wherever the rear line or side line of a lot forms part of the front half of the side line of an adjoining lot, no accessory or auxiliary building, shall on said first-mentioned lot, be placed nearer to said lot lines of said lot than a dimension equal to the front yard or side yard requirements respective of the adjoining lot unless such accessory or auxiliary building is placed fifty (50) feet or more from the street line which is intersected by the rear or side lot line in question.
4. Detached Accessory Structure. No detached accessory structure shall be located within five (5’) feet of any lot line or within five (5’) feet of the principal structure. A detached accessory structure shall not be more than fifty (50%) percent of the footprint of the principal structure and shall in no event exceed nine hundred (900) square feet; nor shall a detached accessory structure occupy more that fifty percent (50%) of the area of the yard within which said structure is located.
Maximum height of any detached accessory structure shall not exceed eighteen (18) feet for single story homes and twenty four (24) feet for two story homes.
Exterior finish materials used on detached garages shall be consistent with materials used on the primary structure or complimentary to the structure. The Building Official must approve such materials prior to issuing a permit. Owners that take issue with materials not approved appeal through the Zoning variance process (Section 18, G.).
5. Structure Limitation. It shall be unlawful for any person, form or corporation to construct, alter or place any building on any one lot so as to create more than one dwelling or resident upon said lot.
G. Landscaping and Green Space Requirements:
2. Green Space / Future Corridor Preservation: For the purpose of improving the safety, appearance and for future roadway expansions along the major transportation arterials and collector streets of the City, minimum green space setbacks shall be provided and maintained on all developments as follows:
H. Fences and Walls:
1. Maintenance. Fences and walls shall be constructed of weather resistance materials and maintained structurally sound and in good repair.
2. Height. No personal shall erect or construct on any premises within the City a fence or wall exceeding eight feet (8’) in height above existing grade.
3. Obstruction of Vision. Fences or walls erected on corner lots and lots abutting public ways shall not interfere with the clear vision of pedestrians and motorists.
4. No barbed wire or electrically charged, shall be erected or maintained in the “A-1”, “A-2”, “B”, “C-1”, “C-2”, “C-3”, “C-4”, “C-5” and “C-6” Districts in the City of Ottawa. In the “D” and “E” districts such fence may be allowed behind the front of the structure. No razor wire shall be allowed in any district.
5. Public Right-of-Way. No fence, wall or other obstruction shall be erected within any public right-of-way.
I. Junk or Salvage Yards:
1. Definition. Any lot which is used wholly or in part for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials; including vehicles, machinery and equipment not in operable condition or parts thereof, and other metals, paper, rags, rubber tires, and bottles. Temporary storage of inoperable vehicles not to exceed sixty (60) days, is permitted at automobile repairs shops. A
3. Screening From View. All junk or salvage yards shall be screened from public view from right-of-ways and more restrictive districts by solid fencing or landscaping at least eight feet (8’) in height.
4. Compliance. Owners of junk or salvage yards existing on March 6, 1996 shall submit to the City a plan for screening their property within three (3) years of the adoption of this ordinance and shall comply within five (5) years of the adoption of this ordinance.
J. Home Occupations:
A home occupation means any aspect of a business, profession, or occupation conducted for gain or support within any residence or on any residential premises but excluding the conduct of any retail business, wholesale business or manufacturing enterprise. Every home occupation shall be considered a conditional use.
1. No home occupation shall be established or conducted (unless stated otherwise elsewhere in this ordinance) except in conformity with the following regulations:
a. Floor Space. No more than 25% of the square footage of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation. In no instance shall the dwelling unit square footage used for home occupation activities exceed 400 square feet. Square footage of a dwelling unit, in this case, shall include the floor area of all rooms and areas with the dwelling unit, including basements, attic space, garages and accessory buildings. Home occupations are restricted to detached single family structures. This sub paragraph (a) shall not apply to licensed day care centers as defined herein.
b. Unrelated Employees. A home occupation shall employ no more than one (1) individual who is unrelated to the family residing on the premises.
c. Hours of Operation. In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 8:00 p.m. and no business shall be conducted on Sunday. This sub paragraph (c) shall not apply to licensed day care centers.
d. Dwelling Alteration. In any residential district a principal residential building and lot shall not be altered to accommodate a home occupation in such a way as to materially change the residential character of the building and lot.
f. Outdoor Storage. Outdoor (unenclosed) storage on the premises of equipment or materials used in connection with a home occupation is prohibited.
g. Deliveries. There shall be no delivers to or from a home occupation with a vehicle having a gross vehicle weight greater than 26,000 pounds.
h. Garages. Garages and carports may not be used for home occupations other than auto storage.
i. Residence Requirement. Business Operator must permanently reside in the home where the business is located.
j. Nuisances. A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dusts, odors, or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines shall constitute a violation of the terms of this provision. The judgment of the Zoning Enforcement Officer shall be considered decisive and final in this matter unless formally appealed to the Zoning Board of Appeals within thirty (30) days of the written determination of the Zoning Enforcement Officer.
k. The home occupation shall not involve the sale of goods which are stored and delivered to the buyer on the premises, except as incidental to a permitted service.
l. The home occupation shall not result in the simultaneous presence on the premises and the adjoining street of more than three motor vehicles in excess of the number of vehicles attributable to the residential use of the premises.
2. Home occupations that comply with the above conditions may be permitted in either “A-1”, A”-2” or “B” residential districts upon the issuance to the applicant of a conditional use permit for a home occupation, issued by the Zoning Enforcement Officer.
3. All home occupations shall be subject to periodic inspection by the Zoning Enforcement Officer for the purpose of determining compliance with the provisions of this Section 2-J.
4. Applications for a conditional use permit for a house occupation shall be submitted to the City Clerk in compliance with the requirements of Section 18-H-1.
K. Adult Uses:
1. Intent and Purpose. To regulate uses which, because of their very nature, are recognized as having serious operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.
2. Definitions. For the purpose of this section, the following words and phrases shall have the meanings respectively described to them by this section:
a. Adult Book Stores. An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or viewing on premises by use of Motion Picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Areas,” or an establishment with a segment or section devoted to the sale or display of such material, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, the exclusion of minors from the establishment’s premises, or any other factors showing that the establishment’s primary purpose is to purvey such material. The term “substantial or significant portion” shall mean at least thirty percent (30%) of the floor space or isle space of said establishment.
b. Adult Motion Picture Theater. An enclosed building with a capacity for 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating “Specified Sexual Activities” or “Specified Anatomical Areas,” for observation by patrons therein.
c. Adult Mini Motion Picture Theater. An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Areas,” for observation by patrons therein.
d. Adult Entertainment Cabaret. A public or private establishment which: (i) features topless dancers, strippers, male or female impersonators; (ii) not infrequently features entertainers who display “specified anatomical areas”; or (iii) features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or entertainers who engage in, or engage in explicit simulation of, “specified sexual activities.”
e. “Specified Sexual Activities” is defined as:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
f. “Specified Anatomical Areas” is defined as:
1. Less than completely and opaquely covered: (a) human genitals, pubic region, (b) buttock and (c) female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
3. Regulated Uses. Regulated uses include all Adult Uses which include, but are not limited to the following:
a. Adult Book Store
b. Adult Motion Picture Theater
c. Adult Mini Motion Picture Theater
d. Adult Entertainment Cabaret
4. Location. Adult Uses shall not be permitted except as a conditional use in a “D” Commercial and Light Industrial District with the following restrictions:
a. An Adult Use shall not be located within one thousand (1,000) feet of another existing adult use.
b. An adult Use shall not be located within one thousand (1,000) feet of any property with residential use(i.e. A-1, A-2, B).
c. An Adult Use shall not be located within one thousand (1,000) feet of the property boundaries of any school, daycare center, cemetery, public park, public housing, and place of religious worship.
d. An Adult Use shall not be located in a building which contains another business that sells or dispenses in some manner alcoholic beverages, or in any building in which alcoholic beverages are sold or dispensed in any manner.
5. Measurement of Distances. For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the Adult Use to the nearest property line of another Adult Use, residential zoning district, school, place of worship or park.
6. Application. Applications for a conditional use permit for an Adult Use shall be submitted to the City Clerk in compliance with the requirements of Section 18- H. Said application shall also include the following information:
a. The name of the premises.
b. The name of the owner of the premises and names of the beneficial owners if the property is in a land trust.
c. The address of the owner and the beneficial owners.
d. The name of the business or the establishment subject to the provisions of this ordinance.
e. The name and address of the owner, beneficial owner or the major stock holders of the business or establishment subject to the provisions.
f. The date of initiation of the Adult Use.
g. The nature of the Adult Use.
h. If the premises or building is leased, a copy of said lease must be attached.
7. Exterior Display. No Adult Use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to “Special Sexual Activities or “Specified Anatomical Areas,” from any public way or from any property not registered as an Adult Use. This provision shall apply to any display, decoration sign, show window or other opening.
L. Bed and Breakfast Establishments: *
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
a. Addition means any act or process which changes one or more of the exterior architectural features of a single –family dwelling by adding to, joining with or increasing the size or capacity of the structure.
b. Alteration means any act or process that changes one or more of the exterior architectural features of a single-family dwelling, including, but not limited to, the erection, construction, reconstruction, or removal of any part thereof. Alteration shall not include an addition has herein defined.
c. Bed and breakfast establishment means a private, owner-occupied single- family dwelling with a maximum of five guestrooms, located in a unique locale or in a historically or architecturally significant structure, providing only lodging and breakfast for a charge to the public. The single-family dwelling in which the bed and breakfast operates shall be the principal residence of the real property owner who must live on the premises when the bed and breakfast is in operation. The bed and breakfast shall be subordinate and incidental to the single-family residential use of the building. A bed and breakfast must operate for more than ten nights during a 12-month period. The maximum stay for any guest-occupant of a bed and breakfast shall be 60 days in any one calendar year. Bed and breakfast establishments may not be lodging houses, motels, boardinghouses or food establishments and shall not be permitted whenever the operation thereof endangers, offends, or interferes with the safety and rights of others so as to constitute a public nuisance.
d. Charge means any form of remuneration such as cash, goods or services, barter, donations, forgiveness of indebtedness, or like payment.
e. Guestroom means a sleeping room with a minimum size of 100 square feet for no more than two transient guests. The guestroom shall be part of the primary residential structure. No cooking facilities shall be permitted in any of the rented guestrooms.
f. Rehabilitation means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historical, architectural and cultural values.
Each owner of a bed and breakfast establishment shall keep a list of the names of all persons staying at the bed and breakfast for at least 3 years. This list shall be available for inspection by city officials at any time.
A bed and breakfast establishment located in a residential district may not engage in general retail sales on the premises. However, sales of memorabilia that includes the logo of the bed and breakfast establishment may be permitted to guests. The bed and breakfast shall not be used for private receptions or meetings for/by guests or non-guests.
7. Water and sewer.
If the bed and breakfast establishment is not serviced with city water and sewer, such service or services shall be inspected every six months at the expense of the owner/operator. The results of those tests must be in compliance with county health department regulations regarding water and/or sewer quality. Those reports shall be filed with the city clerk within one week of being made.
The denial of any license under this article, or any nonrenewal of a license, may be appealed following the appeal procedures related to applications for permits set forth in Section 18.F. of the Zoning Ordinance of the City.
9. Conditional Use and License
f. Lighting. Within residential districts lighting shall be prohibited that may create nuisances for adjacent homes.
g. Site plan. A site plan showing the existing structure (single-family dwelling) and proposed alterations, and/or rehabilitation, if any. The structure shall meet all of the required setbacks, height limit, lot coverage requirements, and general objectives of the applicable zoning district. The site plan must also comply with the access requirements of the Fire Chief.
h. Liability insurance.
Prior to obtaining a bed and breakfast license, and at the time of renewing the license, the owner of the bed and breakfast establishment shall provide the city clerk with proof that liability insurance coverage in the amount of not less than $500,000.00 per occurrence exists with respect to such establishment.
Once the conditional use permit for a bed and breakfast is approved by the city council, the city clerk shall issue a license signed by the mayor and attested to by the city clerk in conformity with the provisions of this article.
12. Display and form of license.
The bed and breakfast license shall be conspicuously displayed near the registration area within the establishment. The bed and breakfast license shall be in such form and shall include such information as may be prescribed from time to time by the city council.
Bed and breakfast establishment licenses may be renewed annually on January 1. To do so, the owner must submit a renewal application, along with such supporting materials as the City may request, and a $75.00 renewal fee to the City Clerk no later than October 1 for the succeeding year.
Any request for variances under section L of the Zoning Ordinance shall be a part of the conditional use application process and heard by the Plan Commission simultaneously with the conditional use; provided, however, no variance shall be permitted from the restriction contained in section 9.b.(3) hereof.