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Only one principal or primary building and its customary accessory buildings may hereafter be erected on any residential lot, except as authorized by § 92.021 or as otherwise explicitly permitted in this chapter, and no building shall be erected on any residential lot which does not abut at least 20 feet contiguously, on a publicly dedicated or maintained street.
(‘58 Code, § 19-54) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
Fences or walls consisting of either masonry, rock, wire, vinyl, wrought iron or wooden material, and hedges may be installed on the boundaries of any residential lot, except that the height of the fencing or screening shall be limited to a maximum height of four feet between the street right-of-way line and the normal building setback line for the section of the yard adjacent to a street on the front, side or rear of the lot. This includes corner lots and lots with a road on the back property line. If the fence is above 30 inches, the fence must be set back from the corner in accordance with Section 40.51-52. Fencing and hedges on all other boundaries of residential property and fences behind the building setback line shall be limited to a maximum of eight feet, provided, however, that nothing herein contained shall prohibit chain-link fences up to ten feet in height for tennis courts.
(‘58 Code, § 19-55) (Am. Ord. 90-39, 12-17-90; Am. Ord. 11-23, passed 7-18-11; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
Whenever the regulations of this chapter require a greater width or size of yards, courts, or other open spaces, or require a lower height of buildings or lesser number of stories, or require a greater percentage of the lot to be left unoccupied, or impose other more restrictive standards than are required in or under any other statutes or agreements, the regulations and requirements of this chapter shall govern. Whenever the provisions of any other statute or agreement require more restrictive standards than are required by this chapter, the provisions of the statute or agreement shall govern.
(‘58 Code, § 19-140) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
Customary home occupations may be established in a dwelling or accessory building in any residential district. The following requirements shall apply in addition to all other applicable requirements of this chapter for the residential district in which the uses are located.
(A) The home occupation shall be clearly identical and subordinate to the residential use of the dwelling or accessory building and shall not change the residential character of the premises.
(B) Residents of the premises only may be engaged in the home occupation, except that not more than one assistant may be employed by the following professional persons: lawyers, physicians, dentists, and chiropractors.
(C) No display of products shall be visible from the street, and only products made on the premises or used as incidental to the occupation may be sold on the premises.
(D) No internal or external alterations inconsistent with the residential use of the building shall be permitted.
(E) No mechanical, electrical, electronic, or chemical equipment may be used which would cause any noise, odor, vibration, smoke, radio, or television interference or any other nuisance detrimental to the residential character of the neighborhood.
(F) Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the customary home occupations.
(G) Off-street parking shall be provided for all customers or the one assistant that may be employed by the following professionals: lawyers, physicians, dentists, and chiropractors.
(‘58 Code, § 19-65) (Ord. 80-3, passed 3-3-80; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
Accessory dwelling units (ADUs) are allowed on residential lots in conjunction with primary dwelling units under the following conditions.
(A) There may be no more than one ADU per residential lot. All lots must be in conformance with size and dimensional requirements of this chapter.
(B) ADUs must meet the same standards and building codes as residential dwellings. Manufactured homes, sheds, recreational vehicles and campers are not permissible as ADUs.
(C) Total heated square footage and any associated spaces of an ADU shall be limited in size to 50% of the heated square footage of the primary dwelling or 750 square feet, whichever is less.
(D) Regardless of other provisions of this chapter, ADUs shall be subordinate to primary dwellings in both placement and dimension. In no case shall an ADU be taller, wider or longer than its associated primary dwelling.
(E) Attached ADUs or those otherwise built into the interior of a primary dwelling, such as garage apartments and additions, shall not extend into the front yard or beyond the original front exterior of the primary dwelling. Such units shall have their entrances only on the side or rear of the primary structure and shall meet all other area yard and height requirements of this chapter
(F) Detached ADUs shall be in accordance with area yard and height requirements of this chapter for their associated zoning district and shall be placed in accordance with said requirements.
(G) ADUs shall be serviced under the same utility accounts as the primary structure and shall not be assigned unique addresses or use separate mailboxes.
(H) ADUs shall be provided at least one designated off-street parking space and shall not feature a separate driveway in the front yard.
(I) Unobstructed and easily discernible access shall be provided to the front door of all ADUs at all times for direct contact by city and county public safety, emergency services and inspections personnel. Any fences or other barriers must be remain unlocked for such purposes.
(J) ADUs shall be in compliance with all other provisions of this chapter including uses such as homestays and bed and breakfasts.
(Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
In the case of two or more buildings to be constructed on a plot of ground of at least two acres not subdivided into the customary streets and lots and which will not be so subdivided, the application of the terms of this chapter may be varied by the Zoning Board of Adjustment in a manner that will be in harmony with the neighborhood, provided the following conditions exist.
(A) The uses are limited to those permitted within the zoning district in which the project is located. In no case shall the Board authorize a use not permitted in the district in which the project is to be located.
(B) The overall intensity of land use is no higher, and the standard of open space is no lower than that permitted in the district in which the project is located.
(C) The distance of every building from the nearest property line shall meet the front yard setback and side yard requirements of the district in which the project is located.
(D) The building heights do no exceed the height limits permitted in the district in which the project is located.
(E) If the property lies within or abuts on a residential district, and is to be used for a nonresidential purpose, there shall be a densely planted buffer strip at least ten feet in height along the rear or side lot lines abutting the residential properties. No buffer shall, however, extend nearer to a street right-of-way line than the established building line of the adjoining residential lot.
(‘58 Code, § 19-104) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
Any building, structure, or use of land existing at the time of the enactment of this chapter or any amendment thereto may be continued subject to the following provisions of § 92.023, provided, however, they shall not be:
(A) Changed to another nonconforming use.
(B) Enlarged or extended except in conformity with this chapter.
(C) Reestablished use after discontinuance of 180 days.
(D) Rebuilt, altered, or repaired after damage exceeding 60% of its fair market value immediately prior to damage.
(E) Replacements of any Class C or Class D manufactured home unit in a manufactured home park existing at the time of Ord. 98-27 or any amendment thereto that does not meet the Wind Zone 1 and the Thermal Zone 2 standards which is hereafter replaced shall be with a unit meeting the Class A or Class B definition (with the exception of foundation walls).
(F) Manufactured home parks in existence at the time of Ord. 98-27 shall be considered nonconforming and shall not be allowed to expand.
(Am. Ord. 91-19, passed 8-19-91; Am. Ord. 98- 27, passed 8-3-98; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
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