In addition to all other regulations as specified in this title, the following provisions shall be adhered to:
A. Conversion Of Dwellings To More Units: A residence may not be converted to accommodate an increased number of dwelling units unless:
1. The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;
2. The lot area per family equals the lot area requirements for new structures in that district and the number of dwelling units per acre is less than or equal to the requirement in that district;
3. The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district; and
4. The conversion is in compliance with all other relevant codes and ordinances.
B. Temporary Buildings:
1. Temporary buildings, construction trailers, shipping containers, equipment and materials used in conjunction with construction work authorized by this title only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project is prohibited.
C. Parking And Storing Of Certain Vehicles:
1. Automotive vehicles, trailers, or recreational vehicles of any kind or type without current license plates shall not be parked or stored on any property other than in a completely enclosed building, carport, or within an approved storage facility. Such vehicles shall be operational and shall not be occupied.
2. No recreational vehicles or personal recreation items may be parked more than seventy two (72) consecutive hours in front of, or in the case of corner lots, on the secondary street side, of any property. Such vehicles shall be operational.
3. One (1) recreational vehicle and one (1) personal recreation item or two (2) personal recreation items may be stored in the side or rear yard.
4. Recreational vehicles and personal recreation items shall not be stored on commercially zoned properties other than within an approved storage facility or within an approved RV Park. Utilizing recreational vehicle(s) as a full time or part time living quarters when located outside of an approved RV Park shall be prohibited.
D. Enclosed Trash/Recycle Areas: All trash and/or garbage and recycle collection areas for commercial, industrial and multi- family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height, and a solid wood gate on a metal frame shall enclose the fourth side, or shall be within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the administrator shall be provided.
E. Conditional Use Mobile Home: Notwithstanding any other provision in this title, a mobile home occupied by a family member may be located upon a lot upon which a single-family dwelling already exists; provided, that a conditional use permit is applied for in accordance with section 8-7-3-5 of this title, and the city council determines that the standards for the issuance of a conditional use permit set forth in section 8-7-3-2 of this title, are satisfied.
F. Nursing/Convalescent Homes: Nursing/convalescent homes (which include senior assisted living facilities) shall be located adjacent to an arterial or collector roadway in zoning districts A, A-R, R-E and R.
G. Portable Classrooms: Portable classrooms which are ancillary to a permanent school are permitted to be placed on the same lot with, or in proximity to the principal, permanent school building. Portable classrooms intended for stand alone use which are not accompanied by a permanent school building are not permitted. Portable classrooms shall be designed to be architecturally compatible with the principal, permanent school building.
(Ord. 298, 10-14-1997; amd. Ord. 405, 1-23-2002; Ord. 720, 6-24-2014; Ord. 820, 12-10-2019; Ord. 827, 10-22-2020)
In addition to all yard regulations specified in section 8-2-4 of this title, and in other sections of this title, the following provisions shall be adhered to:
A. Visibility At Intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between the height of two and one-half feet (21/2') and ten feet (10') above the centerline grades of the intersecting streets within the vision triangle. The boundaries of the clear vision triangle are defined by measuring from the intersection of the edges of two (2) adjacent streets forty feet (40') along each street and connecting the two (2) points with a straight line. In all cases, ITD and ACHD standards shall apply also.
B. Fences:
1. In any front yard area, no fence or wall shall be permitted which materially impedes vision across such yard above the height of two and one-half feet (21/2') measured from the centerline grade of the adjacent street. Picket style fences where fifty percent (50%) of the fence remains open may be permitted up to four feet (4') in height. Chainlink fencing is prohibited in any front yard area.
2. New fencing located adjacent to any street identified as a collector or arterial on the master street map typologies map in the Eagle comprehensive plan, and on the street side of all corner lots, shall be an open fencing style such as wrought iron or other similar see through, decorative, durable fencing material, except as otherwise may be permitted in subsection 8-2A-7J of this title. Any wooden fence that existed prior to the effective date hereof, may be rebuilt upon the fence’s original footprint provided the fence has a picture frame appearance as shown in the EASD book.
3. Chainlink fencing is prohibited in the R (Residential) Zoning District.
4. A permit is required prior to the construction of a fence in any front yard area and along any street within the City subject to the application requirements established in section 8-7-2 of this title.
C. Yards In Multi-Family Dwellings: Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear and two (2) side yards as specified for dwellings in the appropriate district.
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to any lot line of a Residential District; except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the Council is provided. Such screening shall be a masonry or solid fence between four feet (4') and eight feet (8') in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the time of planting. (Ord. 298, 10-14-1997)
E. Additional Height Regulations: All buildings and appurtenances usually required to be placed above the roof level, spires, belfries, poles, cupolas, antennas, water tanks, ventilators, chimneys, steeples, towers, and any other such structures shall comply with the height limitations contained in section 8-2-4 of this title. Additional height may be permitted if a conditional use permit is approved by the city council.
F. Maximum Units Per Lot: Any buildable lot conforming to this title, with a zoning designation of A, A-R, R-E, R-1, R-2, R-3, R-4 or R-5, shall be permitted a maximum of one single-family dwelling unit per lot. Additional dwelling units shall not be permitted within the above mentioned zoning designations unless specifically permitted elsewhere within this title. Multi-family units/developments are prohibited in the above mentioned zoning designations.
G. Transitional Lot Sizing:
When development is planned with residential lots that directly abut existing residential lots that the Council finds are not likely to be re-subdivided based upon the Comprehensive Plan and other evidence provided as part of any application, a transition shall be provided to ensure lot compatibility. Transitions shall take into consideration site constraints that may exist.
Examples of transition options, subject to City approval, include development of similar lot sizes along the boundary, clustering of the new lots in order to provide open space directly abutting the existing lots, including setbacks for the new lots similar to the lots directly abutting, or other elements in the site design and building design that the city finds will soften the impact and create a compatible transition. (Ord. 298, 10-14-1997; amd. Ord. 405, 1-23-2002; Ord. 756, 9-12-2016; Ord. 820, 12-10-2019; Ord. 827, 10-22-2020; Ord. 858, 10-26-2021)
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