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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)
A. Within any lot subject to a valid building permit, temporary construction buildings, storage trailers, materials, and/or equipment, including a temporary batch plant, necessary for construction authorized by a valid building permit, shall be permitted, provided the location of the building, trailer, materials, equipment, and batch plant has been approved by the building official.
B. Within any platted subdivision, the following uses shall be permitted:
1. A subdivision sales office under the following conditions:
a. The purpose of the subdivision sales office shall be to promote the sales of lots or homes in the subdivision.
b. Any office or similar premises used in connection with the subdivision sales office shall be located within a subdivision display home and no exterior reconstruction or any permanent alteration of the display home shall be permitted in establishing the subdivision sales office.
c. There shall be no sign on the premises other than those permitted by this title.
d. The subdivision sales office may continue for a period of one year from the issuance of the first building permit to a builder, contractor, or subdivider within the subdivision. A renewal permit may be issued by the building official to allow continuation of the subdivision sales office after an evaluation of the location of the subdivision sales office, the type of development in the immediate area, and the effect of the sales office on the adjacent area.
2. Subdivision display homes which do not contain any subdivision sales offices or continuing sales activities or continuing displays, shall be exempt from this section. (Ord. 52-09, 10-19-2009)
On any residential lot, fences may be erected to a height of seven feet (7') in all yards except that fences erected in required front yards shall not exceed four feet (4') in height provided, that ten feet (10') of clear visibility shall be maintained on corner lots in accordance with section 16-3-5 of this chapter. Fences surrounding pools shall also comply with all applicable standards required by the building code. (Ord. 52-09, 10-19-2009)