(A) Purpose and intent. This chapter further identifies yard, lot area, building type and height requirements in each zoning district and establishes general development standards.
(B) Useable open space. Except for elderly (senior citizen) housing, each multiple-family dwelling site shall contain at least 350 square feet of usable open space (see § 153.010) for each dwelling unit contained therein.
(C) Height.
(1) Building heights in excess of those standards contained in the district provisions may be allowed through a conditional use permit, provided that:
(a) The site is capable of accommodating the increased intensity of use;
(b) The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets;
(c) Public utilities and services are adequate; and
(d) For each additional story over the district limitation or for each additional ten feet above the maximum allowed per district, front and side yard setback requirements shall be increased by 10%.
(2) The building height limits established for district shall not apply to the following: belfries, chimneys, flues, church spires, cooling towers, cupolas, domes (non-useable floor space), elevator penthouses, flagpoles, monuments, parapet walls (not extending more than three feet above the height of the building), poles, towers, essential services, mechanical/electrical appurtenances, farm buildings, wind energy conversion systems, communication/transmission devices or other similar structures/buildings/uses.
(3) No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than 25% of the area of such roof nor exceed ten feet unless otherwise authorized under this chapter.
(D) Building type and construction.
(1) General provisions.
(a) No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish shall be permitted in any zoning district, except in association with farming operations, or in industrial zones, or as otherwise allowed by this chapter.
(b) Exterior building finishes shall consist of materials comparable in grade to the following: brick, natural stone, decorative concrete block, casted concrete panels, pre-cast concrete panels, wood (durable woods such as cedar, redwood and cypress encouraged), curtain panels (steel, fiberglass and aluminum - non-structural, load-bearing - provided that such panels are factory fabricated and finished with a durable non-fade surface and fasteners are corrosion resistant design), glass curtain wall panels, glass block, stucco, vinyl, steel siding, aluminum siding, masonite siding or other materials as deemed appropriate by the Building Official.
(2) Special provisions.
(a) Neighborhood Business District (C-1) and Central Business District (C-2). The following special provisions apply to the C-1 and C-2 Districts: Architectural design shall be of a style to bend with the surrounding residential neighborhood, as follows:
1. Corporate or franchise architecture shall be prohibited unless demonstrated to fit with the character of the adjacent neighborhood.
2. The front of any new business and any side of a building facing and visible from the street right of way or a residential lot shall be at least 50% materials other than steel or fiberglass, such as glass, wood, brick or other like materials found on residential buildings.
3. Rooftop mechanical equipment shall be screened in a matter that is incorporated in the architectural form of the building.
4. Mechanical equipment shall be screened from view of neighboring properties and public right of way.
5. Sidewalk shall connect front doors of business to public right-of-way. The site design shall promote walkability and compatibility with surrounding residences.
(b) General Business District (C-3). The following special provisions apply to the C-3 District:
1. Buildings shall be attractive and constructed of materials that will maintain their appearance over the long term.
2. All exterior walls shall be of consistent quality and characteristics.
3. Exterior building walls (excluding brick) that abut or face public right-of-way shall incorporate no fewer than four architectural elements comparable to those listed below. Architectural elements contributing to this requirement shall have sufficient visual impact to be noticeable from the street, as determined by the Zoning Administrator, and may include but not limited to:
a. Accent materials that vary the color, type and/or texture of the walls;
b. Public art;
c. Architectural detail, such as tile work and moldings integrated into the building façade;
d. Windows;
e. Recesses/projections;
f. Roof overhang, which should vary according to building width as follows: one foot overhang for buildings less than 50 feet in width, two foot overhang for buildings 50 to 100 feet in width, and three foot overhang for buildings greater than 100 feet in width;
g. Varied roof lines, including gables, dormers, cupolas, changes in heights and/or styles;
h. Articulated cornice line; and/or
i. Canopies/awnings/porticos.
4. Rooftop mechanical equipment shall be screened in a matter that is incorporated in the architectural form of the building.
5. Mechanical equipment shall be screened from view from public right-of-way.
(E) Yards.
(1) No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this chapter. If the existing yard or open space is less than the minimum required, it shall not be further reduced. No required open space provided for any building or structure shall be included as part of any open space required for another structure.
(2) Yard requirements.
(a) The following shall not be considered as encroachments on yard setback requirements:
1. Accessory structures. Accessory structures as governed by this chapter are permitted in rear yards;
2. Balconies, chimneys and ornamental features. Balconies, chimneys, flues, leaders, pilasters, lintels, ornamental features, sills, cornices, buttresses, eaves, gutters and the like may project not more than 2 and one-half feet into any required yard. Gutters attached to eaves may project six inches beyond the eaves;
3. Walks or steps. Walks or steps for negotiating ground slopes, retaining walls, hedged and natural growth, paved terraces, paved areas or similar features;
4. Uncovered porches, decks, stairs, stoops and ramps. Uncovered porches, decks, stairs or stoops may extend to within three feet of a side or rear lot line and ten feet beyond a front building line but may be no closer than five feet from a front property line. Multi-family buildings may have the above enumerated structures extend halfway into a required side or rear yard. Ramps for access by persons with disabilities may extend to a property line. Uncovered porches, decks, stairs and stoops for attached single family dwellings may extend to the same property line as the dwelling;
5. Structures for gardening or recreation, heating or air conditioning equipment. Structures used ornamentally for gardening or for private recreation purposes, structures for essential services, and heating and air conditioning equipment, all accessory to and customarily incidental to the principal use, are permitted in yards and courts. Exception: heating and air conditioning equipment is not permitted in a front yard;
6. Solar energy systems. Solar energy systems not included in the floor area of the building may extend five feet into any required rear yard and not closer than three feet from any interior side property line and eight feet from a side property line adjacent to a street; and
7. Fire balconies and escapes. Open work fire balconies and fire escapes may not extend more than three feet into a required setback.
(b) Inconsistencies. Where adjacent structures have front yard setbacks less than those required, the minimum front yard setback may be the average of the two adjacent structures. If only one adjacent lot is occupied by a structure, the minimum front yard may be that of said principal structure.
(F) Minimum lot area per unit.
(1) The lot area per unit requirement for single-family, two-family, townhouse, apartment and Planned Unit Developments shall be calculated on the basis of the total area of the subject property or properties as may be controlled by an individual or under any form of ownership structure. To note, this provision does not exempt an applicant from completing lot consolidations or any other form of lot configuration modification.
(2) Lot area requirements.
(a) Single-family: as specified in zoning district provisions;
(b) Two-family: as specified in zoning district provisions;
(c) Elderly housing: 1,000 square feet;
(d) Multiple-family: not less than 6,000 square feet for each building or dwelling group having four dwelling units or less. Dwelling units in excess of four shall have not less than a 8,500 square foot lot area and the minimum lot area per dwelling unit shall not be less than:
1. Efficiency one-room apartment: 1,000 square feet;
2. One bedroom apartment: 1,300 square feet;
3. Two bedroom apartment: 1,600 square feet; or
4. Three or more bedroom apartment: 1,700 square feet.
(G) Single-family dwellings. All single-family detached homes except in the R-5 District shall:
(1) Be constructed upon a permanent foundation that meets the requirements of the state Building Code;
(2) Not be less than 22 feet in width. Width measurements shall not take account of overhang and other projections beyond the principal walls; and
(3) Not be less than 700 square feet in size.
(H) Dwelling unit restrictions. The following restrictions shall apply:
(1) No garage, tent, accessory building, travel trailer or motor home shall at any time be used as living quarters, temporarily or permanently;
(2) Energy conserving designs are encouraged and not intended to be prohibited by any provision within this chapter. However, dependent upon the energy conserving mechanism, certain requirements within this chapter may apply (i.e. screening, height restrictions, and the like) and/or may require the issuance of a conditional use permit. All structures/appurtenances shall comply with standards imposed by the state and the Uniform Building Code; and
(3) In a multiple-family or attached single-family development, a building for storage of lawn maintenance or snow removal equipment may be constructed in addition to any parking garages. The structure may be constructed on a common or shared lot/parcel and provided the area of the storage building does not exceed 750 square feet or 10% of the area of the common lot, whichever is less.
(I) Platted and unplatted property. The following regulations shall apply to platted property and unplatted property:
(1) Any person desiring to improve property shall submit to the Building Official an accurate description of the property to be improved including front, rear and side yard lot lines of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments and any other information which may be necessary to ensure conformance to city provisions. To provide this information in an accurate manner, applicants may need to contact a professional/registered land surveyor;
(2) All buildings shall be placed to avoid platted or duly dedicated public right-of-way and any applicable access easements (private or public) to ensure streets/infrastructure may be constructed/improved by the city; and
(3) Except in the case of Planned Unit Developments as provided for in § 153.062, not more than one principal building shall be located on a lot in a residentially zoned area, including the R-5 District, but excluding the R-4 District.
(J) Swimming pools. The following regulations shall apply to the installation of swimming pools within municipal limits:
(1) A permit shall be required for all swimming pools (inclusive of above-ground, in-ground or on-ground pools) with a capacity of 5,000 gallons and/or two feet or more of depth (per adopted building code). Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:
(a) The proposed location and its relationship (dimensional) to the other principal buildings on the lot;
(b) The size of the pool;
(c) Fencing and other fixtures existing on the lot, including utility location and trees;
(d) The location, size and types of equipment to be used in connection with the pool, including but not limited to filter unit, pump fencing and the pool itself; and
(e) That the requirements contained in sections below will be satisfied.
(2) All pools for which a permit is required and granted shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening or other forms of enclosure, or any combination thereof, of sufficient density as to be impenetrable. If fences are employed, they shall be at least six feet in height. The bottoms of the fences shall not be more than four inches from the ground. Fences shall be of a noncorrosive material and shall be constructed to reduce a person's ability to climb the fence. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to small children. All fence posts shall be decay or corrosion resistant and shall be set in concrete bases or other suitable protection (see § 153.065 for additional information on fencing);
(3) Above-ground and below-ground swimming pools are permitted in rear yards only. A minimum setback of five feet must be maintained from the edge of the pool to a side or rear property line; and
(4) For additional information, see Appendix G, International Residential Code which regulates swimming pools, spas and hot tubs.
(K) Drainage plans.
(1) In the case of all residential subdivisions, multiple-family, commercial and industrial developments, the drainage plans with appropriate spot site elevations shall be submitted to the City Engineer for review. Final drainage plans shall be subject to written approval. In the case of such uses, no modifications in grade and drainage flow through fill, retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the City Engineer.
(2) Unless authorized in writing by the City Engineer, the top of the foundation and garage floor of residential dwellings may not be less than 24 inches above the top of the curb. In certain circumstances, some subdivisions or developments with covenants may require higher floor grades. See § 153.001(E)(2) for additional information on covenants, restrictions and private agreements.
(L) Glare. Any lighting used to illuminate an off-street parking area, signs, architectural elements, structures, or other components of a structure, shall be arranged to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, as produced by floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of light shall be hooded or controlled to eliminate any light spill onto adjacent properties. Light bulbs (non-hooded/shielded) shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on residential property shall not exceed four foot-candles (meter reading) as measured from said property. This division shall not apply to sports stadiums, athletic fields or to public recreational facilities; however, the city shall take appropriate measures to ensure adequate steps are taken to reduce any negative impact on adjacent properties.
(M) Refuse.
(1) All dumpsters or comparable refuse handling equipment shall be appropriately screened from eye-level view from all neighboring uses and the public right-of-way. This provision shall not apply to the temporary use of dumpsters or refuse handling equipment for construction activities or other similar temporary uses.
(2) Exterior storage shall require the following:
(a) The enclosed trash receptacle area shall be located in the rear or side yard and shall observe all applicable setback requirements and easements;
(b) The trash enclosure must be in an accessible location; and
(c) The trash receptacles must be fully screened from view of adjacent properties and the public right-of-way by a fence or wall or at least six feet in height and a minimum opaqueness of 80%.
(N) Outside storage.
(1) In residentially zoned areas, the following items shall not be stored on a lot, unless they are within a building or enclosed within a permissible structure:
(a) Racing cars;
(b) Recreational vehicles, utility trailers, off-road vehicles, and similar equipment, in any combination thereof, in excess of two;
(c) Construction and landscaping material, unless they are currently being used on the premises;
(d) On and off-street parking of vehicles/trucks/equipment that are not registered and/or inoperable;
(e) Front yard exterior storage of firewood, or any exterior storage of firewood, which storage is not for the purpose of consumption by the person or persons on whose property it is stored; or
(f) Household storage including lawn maintenance and snow removal equipment, tools, furniture, recreational tools and equipment, when not in use, must be kept in a garage, storage building, screened enclosure in a rear yard, or behind the dwelling so as not to be visible from the street.
(2) All non-residential outside storage shall conform to the following conditions:
(a) The area occupied is not within a required front or required side yard;
(b) The storage area is totally fenced or fully screened. For purposes of this division, storage does not include the display of goods which are being sold at retail to the general public such as automobiles, trucks, farm equipment and similar items;
(c) The storage area is surfaced to control dust and drainage according to a plan submitted to and subject to approval of the City Engineer. Gravel surface storage is permitted when approved by the City Engineer;
(d) All lighting shall be hooded and directed in a manner that complies with division (L) above;
(e) The storage area does not encroach upon required parking spaces or required loading space as required by this chapter; and
(f) A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the City Engineer.
(Ord. passed - -)