CHAPTER 3
LAND USE GENERAL PROVISIONS
LAND USE GENERAL PROVISIONS
SECTION:
16-3-1: Provisions Declared To Be Minimum Standards
16-3-2: General Lot Size Requirements And Standards
16-3-3: Application And Scope Of Regulations
16-3-4: Reduction In Lot Area Prohibited
16-3-5: Obstructions To Vision At Street Intersections Prohibited
16-3-6: Yard Requirements
16-3-7: Accessory Structures And Uses In Residential And Office Residential Districts
16-3-7-1: Accessory Structures And Uses Permitted
16-3-7-2: Bulk Regulations
16-3-7-3: Residential Use Prohibited
16-3-8: Accessory Structures And Uses In All Other Zoning Districts
16-3-9: Accessory Uses Subject To Site Plan Review
16-3-10: Permitted Modifications Of Height Restrictions
16-3-11: Administrative Waiver For Freestanding Solar Array
16-3-12: Fees
16-3-13: Prohibited Uses
16-3-14: Exemption From Regulation
16-3-15: Off Street Parking And Loading
16-3-16: Public Buildings And Uses
16-3-17: Adjustment Of Front Yard Setbacks In R-1, R-2, R-2A, And R-3 Districts
16-3-18: Limited Setback Waiver
16-3-19: Temporary Uses
16-3-20: Construction Promotion Activity
16-3-21: Fences Located On Residential Lots
16-3-21-1: Residential Districts
16-3-21-2: Fences Located At Schools Or In Nonresidential Districts
16-3-21-3: Barbed Wire And Electric Fences
No building shall be built upon a lot without the required minimum frontage along an improved private or public street built to minimum city street standards. No building shall be built upon a lot without a city approved driveway access to a public or private street or alley. (Ord. 52-09, 10-19-2009)
A. No building, structure, or part thereof, shall hereafter be built, moved or altered, and no building, structure or land shall hereafter be used or occupied upon a lot which is smaller in area than the minimum lot area or minimum lot area per dwelling unit; narrower than the minimum lot width; or shallower than the minimum lot depth required in the zoning district in which the building, structure or land is located.
B. No existing building or structure shall hereafter be built or altered so as to conflict or further conflict with this title.
C. This title expresses bulk regulations in terms of maximum building or structure height, maximum lot coverage, and minimum front, side and rear yards. Unless permitted elsewhere in this title, no building, structure or part thereof, shall hereafter be built, moved or remodeled, and no building, structure or land shall hereafter be used, occupied or designed for use or occupancy so as to exceed the maximum building or structure height, or maximum lot coverage specified for the zoning district in which the building or structure is located.
D. Within residential districts, only one principal permitted use or structure shall be located on a single zoning lot. In other districts, any number of structures or uses permitted by this title may be built, moved, altered, used or occupied, provided that the individual district regulations can be met. (Ord. 52-09, 10-19-2009)
A. On any corner lot, a visibility triangle shall be provided in which nothing shall be erected, placed, planted or allowed to grow as to materially impede vision from within motor vehicles, between a height of two feet (2') and eight feet (8') above the average grades of the intersecting property lines, in the area bounded by said lines, and a line joining the points of such property lines at a distance of ten feet (10') from the intersection.
B. On any lot, except for those with single-family detached dwellings, duplexes or townhouses of not more than two (2) units, a visibility triangle shall be provided in which nothing shall be erected, planted or allowed to grow so as to materially impede vision from within motor vehicles, between a height of two feet (2') and eight feet (8') above the average grades of the intersecting property line and driveway edge, in an area bounded by said lines and a line joining the points of said property line and driveway edge at a distance of ten feet (10') from the intersection. (Ord. 52-09, 10-19-2009)
A. All yards required by this title shall be provided and remain as open, unobstructed space.
B. No part of a yard or open space required by this title for any structure shall be included as part of a yard or open space for any other structure, unless otherwise allowed by this title.
C. The following may be located within an otherwise required yard, provided they are used in conjunction with a use permitted in the underlying zoning district:
1. All Required Yards: Awnings, shutters, canopies; arbors and trellises; swimming or wading pools less than eighteen inches (18") deep; play equipment; chimneys projecting not more than twenty four inches (24") into the required yard; flagpoles; steps necessary for access to a building or lot; fences and walls as provided in section 16-3-21 of this chapter; hedges and other vegetation, and accessibility ramps and landings, except that landings which exceed five feet (5') in any horizontal dimension shall meet setback requirements. Poles, posts, and other customary yard accessories, ornaments, and furniture may be located in any yard subject to requirements limiting obstruction of visibility and height limitations.
2. Required Front Yards: Bay windows, oriels, or balconies projecting not more than five feet (5') into the required front yard; overhanging eaves and gutters projecting into the required front yard not more than one-third (1/3 ) the distance to the front property line from an exterior wall; off street parking.
3. Required Rear Yards: Accessory uses, buildings or structures as permitted by sections 16-3-7 and 16-3-8 of this chapter; open and unroofed off street parking spaces, patios and terraces; bay windows projecting not more than five feet (5') into the required rear yard; overhanging eaves and gutters projecting into the required rear yard not more than one-third (1/3) the distance to the rear property line from an exterior wall.
4. Required Side Yards: Accessory uses, buildings or structures as permitted by sections 16-3-7 and 16-3-8 of this chapter; overhanging eaves and gutters projecting into the required side yard not more than one-third (1/3) the distance to the side property line from an exterior wall; open off street parking, except as provided for in chapter 14 of this title.
5. Continuing Maintenance Required: The maintenance of any yard, open space, minimum lot area, or off street parking spaces required by this title shall be a continuing obligation of the owner of the property to which such requirements apply. No yard, open space, lot area, or off street parking area required by this title for any building, structure or use shall, by virtue of change of ownership or any other reason be used to satisfy any yard, open space, lot area, or off street parking area required for any other building, structure, or use, except as may be otherwise specifically provided herein. In addition, no yard or lot existing at the effective date hereof shall be reduced in dimension or area below the minimum requirements set forth herein for the district in which such yard or lot is located. (Ord. 52-09, 10-19-2009)
Accessory structures and uses shall only be permitted as specifically authorized within each individual district of this title, and shall be subordinate to and on the same zoning lot with the principal structure or use in conjunction with which it is maintained. (Ord. 52-09, 10-19-2009)
A. Location: No accessory use or structure permitted by this title may be located in a required front yard, except as otherwise specifically authorized. No accessory structure, equipment or material of any kind exceeding five feet (5') in height may be located in a required side yard.
B. Accessory Use/Structure Coverage: The lot coverage of permitted accessory uses and/or structures and the principal structure it serves shall be calculated together for the purpose of complying with the specified lot coverage as a percent of lot area. The maximum lot coverage shall not be exceeded within the district in which it is located and in no case shall permitted accessory structures or uses exceed the lot coverage of the principal structure it serves, with a maximum of one thousand (1,000) aggregate square feet for all detached structures.
C. Accessory Structure Height Limitations: No accessory structure permitted by this title shall exceed a height of fifteen feet (15') measured from average ground level. Satellite receiving dishes, wind energy conversion systems, and building mounted wind turbines shall comply with the bulk regulations of chapter 7 of this title.
D. Side And Rear Yard Setbacks: Side yard setbacks for all permitted accessory structures or uses shall be the same as required for the principal permitted use in the bulk regulations section of the specific zoning district. Rear yard setbacks for all permitted accessory structures or uses shall be six feet (6') for all zoning districts. Side and rear yard setbacks for detached storage sheds no larger than one hundred twenty (120) square feet in area shall be three feet (3') for all zoning districts, provided such structure is located at least six feet (6') from the primary structure. (Ord. 52-09, 10-19-2009)
No accessory structure may be used for residential dwelling purposes at any time, except as allowed in section 16-8-5 of this title. (Ord. 52-09, 10-19-2009)
In all other zoning districts, accessory structures and uses shall be permitted with or without conditions if the city planner deems the structure or use customarily incidental to and subordinate to the principal structure or use it serves. Such structures and uses within nonresidential districts shall comply with the specific bulk regulations listed within the district in which it is located, except that gas and service stations shall be allowed pumps, pump islands and canopies in a required front yard subject to site plan review, and satellite receiving dishes shall comply with the requirements established in section 16-7-2-14 of this title and wind turbines (building mounted) shall comply with the requirements established in section 16-7-3-7 of this title. (Ord. 52-09, 10-19-2009)
The following accessory uses shall require site plan approval in accordance with chapter 12 of this title and, where applicable, compliance with additional supplemental land use regulations as established in chapter 7 of this title, prior to their establishment on the premises:
Greenhouses over one hundred (100) square feet in area.
Satellite receiving dishes.
Swimming pools.
Wind energy conversion systems. (Ord. 52-09, 10-19-2009)
Loading...