§ 150.133  GENERAL BUILDING YARD REGULATIONS.
   (A)   Purpose. This section identifies yard, building type, and height requirements in each zoning district.
   (B)   Building restrictions.
      (1)   Any person desiring to improve property shall submit to the Zoning Administrator 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 ordinances. Applicants shall be responsible for locating all property boundaries and providing certification of said property boundaries.
      (2)   All buildings shall be so placed that they will not obstruct future streets or alleys that may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.
      (3)   Except in the case of planned unit developments, not more than one principal building shall be located on a lot. The words “principal building” shall be given their common, ordinary meaning; in case of doubt or on any question or interpretation, the decision of the Zoning Administrator shall be final, subject to the right of appeal to the Planning Commission and City Council.
      (4)   Mobile homes, buildings, tents, or other structures temporarily maintained by an individual or company on the premises associated with the work project and used exclusively to house labor or other personnel occupied in such work project shall be exempt from the requirements of this chapter. Such mobile homes, buildings, tents, or other structures shall be removed within ten days from the completion of the work project.
   (C)   Building type and construction.
      (1)   No galvanized or unfinished steel or unfinished aluminum buildings (walls or roofs) (except those specifically intended to have a non-corrosive designed finish such as corten steel), shall be permitted in any zoning district except in association with farming operations or industrial uses.
      (2)   Residential dwellings in the RSF and RMF Districts shall have a minimum roof pitch of 3:12, and each roof shall be shingled or feature approved materials. Residential dwelling structures in the RSF and RMF Districts shall have a minimum of 70% of the structure a minimum width of 22 feet. All residential dwelling structures in the RMF and RSF Districts shall be placed on permanent foundations of wood or concrete.
      (3)   Exterior building finishes shall consist of materials comparable in grade and quality to the following:
         (a)   Brick;
         (b)   Natural stone;
         (c)   Decorative concrete block;
         (d)   Cast in place concrete or pre-cast concrete panels;
         (e)   Wood;
         (f)   Curtain wall panels of steel, fiberglass, and aluminum provided such panels are factory fabricated and finished with a durable, non-fade surface and their fasteners are of a corrosion-resistant design;
         (g)   Glass curtain wall panels;
         (h)   Stucco; and
         (i)    Vinyl, aluminum, colored steel, no-maintenance type siding.
      (4)   Tarp/polyvinyl structures are prohibited in all zoning districts within the city.
   (D)   Building height.
      (1)   In districts other than RSF or RMF, building heights in excess of those standards contained in the district provisions may be permitted through a conditional use permit, provided; that:
         (a)   The site is capable of accommodating the increased intensity of use;
         (b)   The use does not negatively impact traffic flow or capacity of surrounding public rights- of-way;
         (c)   For each additional story over three stories or for each additional ten feet above 40 feet, front and side yard setback requirements shall be increased by 5%;
         (d)   Applicants proposing structures constructed exclusively for or hosting tele communications equipment shall provide written verification of approval from the Federal Communications Commission and the Federal Aviation Administration to the extent required by those agencies; and
         (e)   The city shall require an applicant who proposes the construction of any structure with a height equal to or greater than 200 feet above ground level; or the alteration of any structure to a height which is equal to or greater than 200 feet above ground level to notify the State Department of Transportation Commissioner and the Federal Aviation Administration Administrator of said proposal at least 30 days prior to the City Council’s consideration of said request if notice is required by those agencies. Should notice be required by those agencies the applicant shall submit evidence to the city verifying the State Department of Transportation and the Federal Aviation Administration have been duly notified of said proposed structure prior to City Council approval.
      (2)   Building height limits established for districts shall not apply to the following providing said structures do not exceed 200 feet above ground level:
         (a)   Cooling towers;
         (b)   Elevator penthouses;
         (c)   Flag poles;
         (d)   Monuments; and
         (e)   Wind energy conversion system towers.
      (3)   Building height limits established for districts shall not apply to the following provided a conditional use permit is issued, in accordance with §§ 150.160 through 150.171.
         (a)   Belfries;
         (b)   Chimneys or flues;
         (c)   Church spires;
         (d)   Cupolas and domes which do not contain usable space;
         (e)   Parapet walls extending not more than three feet above the limiting height of the building;
         (f)   Poles, towers, and other structures for essential services;
         (g)   Necessary mechanical and electrical appurtenances; and
         (h)   Farming buildings.
   (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, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another structure.
      (2)   The following shall not be considered as encroachments on yard setback requirements:
         (a)   Chimneys, flues, fire escapes, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided, they do not project more than three feet into a yard;
         (b)   Stoops that are less than 25 square feet and project less than four feet into the required yard setbacks shall not be considered encroachments on yard setback requirements;
         (c)   In rear yards, recreational and laundry drying equipment, arbors, and trellises, detached outdoor living rooms, and air conditioning or heating equipment, provided, they are at a distance of five feet from the rear lot line; and
         (d)   Additions to existing structures so long as the addition does not encroach any further into the existing setback.
      (3)   Where adjacent structures have front yard setbacks different from those required, the minimum front yard setback shall be the average setback of such adjacent structures. If only one adjacent lot is occupied by a structure, the minimum front yard shall be the average of the required setbacks and the setback of such adjacent structure. In no case shall the setback requirement exceed the minimum established for the respective zoning district.
      (4)   Through lots or lots in which a public right-of-way is located on two or more sides, the front yard setback requirements shall be provided on all street sides.
(Prior Code, § 518.040)  (Ord. passed 10-8-2003; Ord. 2020-002, passed 8-5-2020)   Penalty, see § 10.99