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The following may exceed the prescribed height limit provided they are required for a use permitted in the district in which they are erected or constructed: chimneys, cooling towers, condensers, elevator bulkheads, belfries, stacks, ornamental towers, monuments, cupolas, domes, spires, stair towers, and other necessary mechanical appurtenances and their protective housing but not to include equipment penthouse that constitutes more than thirty percent (30%) of the roof area. (Ord. 52-09, 10-19-2009)
A. Purpose: The purpose of the administrative waiver process for residential freestanding solar arrays is to facilitate the installation of freestanding solar arrays in residential and office districts while ensuring compatibility with existing development patterns and protecting investments made by surrounding property owners.
B. Issuance Of Waiver: The city planner shall issue a waiver only for freestanding solar arrays that comply with the following criteria. If the following criteria are not met, then the applicant still has the opportunity to apply for a special exception through the zoning board of adjustment.
C. Criteria:
1. An administrative waiver for a freestanding solar array is available in the following residential and office zoning districts: R-1, R-2, R-2A, R-3, R-4, OR and OC districts.
2. An administrative waiver is available for a freestanding solar array up to a maximum of twenty feet (20') in height and five hundred (500) square feet in area.
3. That all abutting property owner(s), including property owner(s) directly across the street, alley or platted public right of way agree to the requested freestanding solar array by signing a waiver form supplied by the planning services office.
4. That a site plan depicting the location of the freestanding solar array on the property and its distance to the side and rear property lines shall be prepared by the applicant and reviewed for completeness by the planning services office staff.
5. That an elevation rendering of the freestanding solar array indicating maximum height and width of the installation shall also be prepared by the applicant and reviewed for completeness by planning services office.
6. The applicant shall meet with each property owner and review with them the site plan and elevation rendering for the proposed solar array installation. Each property owner will need to agree to the proposal by signing a waiver form.
D. Completion Of Process: Planning staff will verify that the application is complete and that all waiver forms are signed, have the applicant sign before a notary that they met with all the neighboring property owners and received their signatures, and notify the building services department that an administrative waiver has been approved. (Ord. 58-16, 11-21-2016)
Any application for action taken under this title shall be submitted along with the required fee, as established by resolution of the city council. All required fees shall be submitted to the city planner for deposit with the city treasurer. No fee is required for applications filed in the public interest by members of the city council, zoning advisory commission, zoning board of adjustment, city manager, or other city department. (Ord. 52-09, 10-19-2009)
Uses not listed within this title shall be prohibited, except that uses similar in nature and intensity to those specifically listed may be allowed, provided the city planner determines that such use presents a character and compatibility consistent with other uses in the same zoning district, and is consistent with the spirit and intent of this title. (Ord. 52-09, 10-19-2009)
The following structures or uses are exempt from the regulations of this title and shall be permitted in any district:
A. Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or any other similar equipment for transmission or distribution to customers of telephone or other communication services, electricity, gas, steam or water, or the collection of sewage or surface water, operated or maintained by a public utility.
B. Individually owned residential antennas not including satellite receiving dishes over four feet (4') in diameter.
C. Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right of way.
D. Communication towers used to transmit and/or receive television, radio, cellular, or other communication signals shall not be exempt from this title. (Ord. 52-09, 10-19-2009)
No structure shall hereafter be built or moved and no structure or land shall hereafter be used, occupied, or designed for use or occupancy unless the minimum off street parking required by the provisions of chapter 14 of this title are provided. No structure or use already established on the effective date hereof shall be enlarged, expanded or increased in area or intensity of use unless the minimum off street parking spaces which would be required by the provisions of this title for such enlargement, expansion or increase in area or intensity of use are provided. (Ord. 52-09, 10-19-2009)
All buildings, structures, signs, or uses owned or operated by the city shall be exempt from the regulations of this title and shall be permitted in any district, provided a site plan is submitted and approved in accordance with the provisions of chapter 12 of this title. (Ord. 52-09, 10-19-2009)
The required front yard setback may be adjusted by the city planner as follows:
A. Interior Lots: Where dwellings exist on both abutting lots and both have setback less than required by the underlying zoning district, the setback for the interior lot need not exceed the average of the setbacks of the two (2) abutting dwellings. Where dwellings exist on both abutting lots and only one has a setback less than required by the underlying zoning district, the setback for the interior lot need not exceed the average of the required setback and the smaller setback.
B. Corner Lots: Where a dwelling exists on an abutting lot and has a setback less than required by the underlying zoning district, the setback for the corner lot need not exceed the setback of the abutting lot on the same street frontage, provided the required visibility triangle is maintained.
C. Building Extending Beyond Front Property Line: In no event shall any structure extend beyond the front property line of a lot.
(Ord. 52-09, 10-19-2009)
A. The purpose of the limited setback waiver for one- and two-family residential structures that meet the following criteria established by the city council is to encourage reinvestment and infill housing, and to maintain property values in the city's residential neighborhoods. The city planner shall issue a waiver only for such setback adjustments that meet the following criteria. No public hearing or zoning board of adjustment review shall be required if the following criteria can be met. If these criteria are not met, then the applicant still has the opportunity to apply for a special exception from the zoning board of adjustment, in which case the criteria for the special exception, not the limited setback waiver, would apply.
B. The limited setback waiver requested is 33.3 percent or less of the required setback(s).
C. That all abutting property owner(s), including property owners directly across the street, agree(s) to the setback waiver(s) on a notarized letter stating they have no objection to the request.
D. The setback waiver requested for an additional or an accessory structure is the same or greater than the setback(s) of the existing structure.
E. The setback waiver request for reconstruction of an addition or an accessory structure is the same or greater than the setback(s) of a previously existing structure that has been removed. (Ord. 52-09, 10-19-2009)
Within any zoning district, temporary uses shall be allowed only as listed as a temporary use within the zoning district in which the proposed temporary use is located, provided that:
A. A site plan, indicating the proposed use, its duration, off street parking, and traffic circulation be submitted with the appropriate filing fee as established by resolution of the city council and approved by signature of the city planner except as otherwise provided for in the district regulations. For allowed temporary uses, the city planner may waive site development standards for the duration of the temporary use; and
B. The use is of a limited and temporary duration, and in no case, shall exceed six (6) months per calendar year unless the city planner grants an extension upon showing of good cause. The city planner may grant a maximum of two (2) 90-day extensions; and
C. The use will serve a public need or contribute to the public convenience and welfare; and
D. The use bears some functional or other beneficial relationship to a permitted use within the district; and
E. The use will not be likely to interfere with the appropriate use and enjoyment of nearby properties that may be affected by its operation. (Ord. 52-09, 10-19-2009)
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