(a) Home Occupations.
(1) There are permitted in any dwelling in any "R" or "S-PUD" Zoning District home occupations of a type frequently found in such residential dwellings. Permitted home occupations include the following:
A. Handcraft, dressmaking, millinery, tailoring, laundering, preserving and home cooking, provided that such occupations are conducted solely by resident occupants in their residence;
B. An office for a minister, rabbi, priest or other clergyman;
C. Rooming or boarding facilities let to not more than two persons by a resident family living in a single-family dwelling;
D. A studio for an artist, sculptor or author;
E. Real estate or insurance sales, provided that no nonresident employees work on the premises; and
F. Music teaching or other type of instruction (except nursery schools), provided that such teaching or instruction is limited to one pupil at a time.
(2) In no event, however, shall a home occupation be interpreted to include an animal hospital, barber shop, beauty parlor, business school, clinic or hospital, dancing school, doctor or dentist office, lawyer's office, mortuary, music school, private club, trailer rental, repair shop or service establishment, restaurant, kennel or tourist home.
(3) In addition to all of the standards applicable to the district in which it is located, all home occupations shall comply with the following requirements:
A. No person other than members of the immediate family occupying such dwelling shall be employed in connection with the home occupation.
B. No alteration of the principal building shall be made which changes the character thereof as a dwelling.
C. No home occupation shall occupy more than twenty-five percent of any one floor in the dwelling unit in which it is located.
D. No mechanical or electrical equipment may be used, except such type as is customary for purely domestic or hobby purposes.
E. No home occupation shall be operated in such a manner as to cause offensive noise, vibration, smoke or other particulate matter, odorous matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to the occupants of nearby properties.
F. No wholesale, jobbing or retailing business shall be permitted, unless it is conducted entirely by mail and/or telephone and does not involve the receipt, sale, shipment, delivery or storage of merchandise on or from the premises, provided, however, that articles produced by members of the immediate family residing on the premises may be sold upon the premises.
G. No outdoor storage shall be permitted.
H. No home occupation shall be conducted in any accessory building.
I. No sign shall be displayed other than a single, unlighted sign with a maximum surface area of one square foot, sufficient to display the name of the person and the type of home occupation.
(b) Parking, Storage and Use of Recreational Vehicles, Boats, Mobile Homes, Truckers, Trailers, Automobiles and Other Vehicles.
(1) Recreational vehicles (RV).
A. No recreational vehicle shall be parked or stored in any front yard, nor parked nor stored closer to an abutting street than the plane of the wall of the principal structure facing the same abutting street in any zoning district unless specifically allowed by other provisions of this Zoning Code. Recreational vehicles may be parked in the side or rear yard, provided that the RV is stored on a paved surface no closer than five feet from the side property line and no closer than ten feet from the rear property line.
B. Recreational vehicles may be parked anywhere on a paved surface on residential premises for a period not to exceed forty-eight hours during loading and unloading, provided there are at least twelve hours between such events.
C. No recreational vehicles shall be used for living, sleeping or housekeeping purposes when parked or stored on any zoning lot in the City.
D. Recreational vehicles may be exempted from storage regulations above, except for required parking/storage on a paved surface, if used for everyday transportation and if no more than 20 feet long, eight feet tall, and equipped with no more than two axles and six wheels.
E. Recreational vehicles allowed to be stored on private property, apart from commercial areas designated by zoning regulations as appropriate for general RV storage, shall be limited to those associated with a principal structure on the same zoning lot, shall bear current licensure, shall be in the same ownership as one or more owners or permanent residents of the zoning lot, and shall be limited in number to two.
F. A recreational vehicle allowed to be stored on private property, shall be stored on a paved surface, the area of which shall be a rectangle extending at least one foot beyond the ground area eclipsed by the RV parked above. Transport to and from such paved surface shall not create rutted or unsightly lawn and landscaped areas.
(2) Mobile homes. No person shall occupy any mobile home on any premises in any “R” or “S-PUD” District of the City, except for mobile homes located in a conditionally permitted mobile home park in an R-4 District as specified in Section 1266.01(f). The temporary parking of a mobile home on any premises for a period not exceeding forty- eight hours shall be permitted, provided that no wheels are removed, no living quarters are maintained and no business is conducted in the mobile home while so parked, and further provided that no front yard shall be occupied by such mobile home.
(3) Trucks, trailers, dumpsters, storage containers or other vehicles. The following regulations shall apply to trucks, trailers, commercial vehicles and other vehicles:
A. The repairing, rebuilding or dismantling of a vehicle or trailer in an open yard in an “R,” “O” or “S-PUD” District is prohibited.
B. In an “R,” “O” or “S-PUD” zoning district, the overnight parking or storage, outside a fully enclosed structure, of any major commercial vehicle or major commercial trailer is prohibited.
C. The off-street parking, storage or sale of a vehicle, trailer or similar device in an unpaved area of a front yard or required side yard is prohibited in all zoning districts. In zones other than “R,” “O” or “S-PUD,” temporary parking and storage of commercial vehicles or trailers may be permitted, provided that the area used is paved, is not in a required front yard, such temporary periods do not exceed two months in a twelve month period and provided the vehicles or trailers are necessary to the use conducted on the zoning lot.
D. Vehicles which are to be displayed for sale must conform to all provisions of subsection (b) hereof, and must have been registered for not less than ninety days to a resident of the property on which the vehicle is to be displayed.
E. Utility trailers shall not be stored or parked in a front yard in an “R,” “O” or “S-PUD” District. Utility trailers may be parked in the side or rear yard, provided that the utility trailer is stored on a paved surface no closer than five feet from the side property line and no closer than ten feet from the rear property line.
F. Portable or temporary storage containers, (POD's) and dumpsters may be stored on a paved surface within an "R," "O," or "S-PUD" District, for loading and unloading purposes only, for a period of time not exceeding ten calendar days.
(c) Fences. Walls and Hedges,. Notwithstanding other provisions of this Zoning Code, fences, walls and hedges are permitted in required yards under the following conditions:
(1) Comer lot. On a corner lot in all Residential Districts, no fence, wall, hedge or other planting shall exceed a height of two and one-half feet above the centerline grades of intersecting streets nor shall they be erected, placed or maintained within the triangular area formed by the right-of-way lines at such comer lots and a straight line joining such right-of-way line at points which are fifty feet distant from the intersection of the right-of-way line and measured along such right-of-way lines. (See Appendix "B," Figure No. 1.)
(2) Front yards. Except as limited by in Section 1266.03(c)(1), fences, walls and hedges shall be permitted in required front yards, provided that:
A. Such fence, wall or hedge does not exceed a height of three feet when constructed on other than a comer lot.
B. On comer lots, such fence, wall or hedge does not exceed a height of three feet when constructed between an abutting right-of-way and the front wall of a principal structure.
C. On comer lots, when constructed behind the front wall of a principal structure, such fence, wall or hedge does not exceed a height of three feet if between a distance of one and five feet from a public right-of-way, does not exceed a height of four feet if between a distance of five and ten feet from a public right-of-way, does not exceed a height of five feet if between a distance of ten and fifteen feet from a public right-of-way, and does not exceed a height of six feet if at a distance of fifteen feet or more from a public right-of-way.
D. No such fence shall be composed of chain-link, wire or other wire-type materials.
E. All fences, walls and hedges adjacent to any public sidewalk shall be set back at least one foot from the sidewalk.
F. The total length of such fence, wall or hedge in a required front yard shall not exceed 50% of the lot frontage.
G. No fence, wall or hedge shall be permitted to interfere with visibility along a driveway.
H. Fences shall be constructed only of materials manufactured and customarily used for permanent fencing.
(3) Side and rear yards. Within a side or rear yard, no fence, wall or hedge shall be permitted to exceed a height of six feet.
(4) Barbed wire, electric and agricultural fences. The use of barbed wire, electrically charged or agricultural fences are prohibited in all Residential Districts.
(d) Required Screening and Landscaping.
(1) In general. Certain activities shall be screened by fences, walls or landscaping so that these activities will not be detrimental to adjacent land uses. All required screening and landscaping shall be in accordance with an approved landscape plan. In addition, all new development and construction shall comply with Chapter 1224.
(2) Screening. Required screening shall be provided in accordance with the following standards:
A. It shall have an opaqueness of 80% or more.
B. It shall be at least six feet in height and be composed of wood, masonry or plant materials.
C. The design and development of all required screening shall be compatible with the existing and proposed land use and the development character of the surrounding land and structures.
D. Screening shall be required wherever any nonresidential use abuts a Residential District and such screening shall be provided along mutual property lines.
E. The screening plan shall be subject to the approval of the Code Enforcement Officer.
(3) Landscaping.Landscaping shall require the placement of materials such as grass, flowers, shrubs, hedges, trees or other acceptable ground cover within designated areas, as identified in the district regulations.
A. The landscape plan shall include:
1. A diagram showing locations and types of plant material proposed to meet screening and other Zoning Code requirements; and
2. For zoning lots over 40,000 square feet, a plan for the planting of trees (meeting the tree standards specified in Chapter 1224) in a quantity equal to at least one tree for each 35 feet of lot perimeter.
B. The landscape plan shall be subject to the approval of the Code Enforcement Officer.
(4) "R." "S-PUD" or "A" District adjacent screening. The following list of activities, if developed adjacent to land in an "R," "S-PUD" or "A" District, shall be screened as prescribed in divisions (d)(1) and (d)(2) of this section:
A. Commercial uses in the C-1 Neighborhood Shopping District;
B. Commercial uses in the C-2 Highway Commercial District;
C. Commercial uses in the C-3 Community Commercial District; and
D. Commercial uses in the C-4 Office and Industrial Sales - Service Park District.
(5) Additional screening. The following list of activities, in addition to being screened as prescribed in paragraph (d)(1) hereof, shall be screened so that the activity is not visible from a public street or adjacent property of the lot on which the activity is located:
A. Articles or materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, salvaged or otherwise not being offered for retail sale in a completed, usable and normal condition; and
B. Industrial uses in the I-1 General Industrial District.
(6) Required trash areas. All commercial, industrial and multifamily residential uses shall provide enclosed trash and/or garbage collection areas consisting of a solid wall or fence six feet in height and enclosed on at least three sides. provision for adequate vehicular access to and from such areas for collection of trash and garbage shall be required.
(e) Conversion of Dwellings. The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within the district in which a new building for similar occupancy would be permitted under this Zoning Code, only after obtaining a zoning certificate and otherwise complying with this Code and only when the resulting occupancy will comply with the requirements governing new residential construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces and off street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter within this Zoning Code applying to such district.
(f) Accessory Uses in Residential and Nonresidential Zoning Districts.
(1) Accessory buildings and structures are allowed in Residential Districts and nonresidential districts, provided that no accessory building may be erected or used as a stable, or primarily for the keeping of animals, birds or insects.
(2) (EDITOR'S NOTE: Paragraph (f)(2) was repealed by Ordinance 96-7, passed March 27, 1996.)
(3) Detached accessory structures in either nonresidential zoning districts or on zoning lots utilized for nonresidential purposes shall:
A. Be limited to locations in rear yards;
B. Be limited in size to 240 square feet, plus 240 square feet per vehicle garage door section, to a maximum area the smaller of 2400 square feet or fifty percent of the size of the principal building on the zoning lot.
C. If not used for vehicular storage, be limited in size to 149 square feet, unless associated with an allowed light industrial use, in which case size shall be limited to 249 square feet;
D. Be located outside easement areas, at least six feet from any nonresidential zoning district lot line and at least ten feet from any residentially zoned property; and E. Be limited in height to fifteen feet.
E. Be limited in height to fifteen feet.
F. Be permanently anchored to the ground in compliance with current building code.
G. Not be a portable metal container or other similar movable structure or object.
(4) Detached accessary structures in residential zoning districts, unless modified by city-approved S-PUD plans, shall:
A. If over 150 square feet in size, be at least six feet from lot lines and limited to locations in rear yards and outside easement areas;
B. If 150 square feet or less in size, and ten feet in eight or less, be at least three feet from lot lines, and limited to locations in rear yards and outside easement areas;
C. Be limited in height to fifteen feet and to locations at least ten feet from principal structures;
D. If declared to be a workshop, be limited in size to 320 square feet, with no opening in the structural wall framing larger than eighty inches; and
E. If other than a workshop, be limited in size to 240 square feet, plus 240 square feet per vehicle garage door section, to a maximum area of 720 square feet.
F. Be permanently anchored to the ground in compliance with current building code.
G. Not be a portable metal container or other similar movable structure or object.
(5) The number of detached accessory buildings on any zoning lot shall be limited to two, and one of these buildings shall be limited to no more than 149 square feet.
(6) Detached accessory buildings with garage doors shall be served by paved driveways, and will be permitted only if the principal structure on the zoning lot has a minimum side yard width of fifteen feet through which said driveway can pass and remain five feet removed from a side property line.
(g) Temporary Businesses and Seasonal Temporary Sales.
(1) A temporary business may be permitted, without Planning Commission approval, within a district in which a new building for a similar occupancy would be permitted under this Zoning Code, only after obtaining a zoning permit and temporary structure or sale permit and otherwise complying with this Zoning Code. A temporary and revocable certificate for such use shall be granted for a period of not more than fourteen consecutive days within any twelve month period, subject to the following conditions:
A. The temporary business will not adversely affect the public health, safety, convenience and general welfare.
B. To ensure intersection visibility on corner lots, a temporary business activity shall not be permitted within a fifty foot radius of the corner.
C. The temporary business must comply with all applicable zoning setback and parking regulations.
D. All activity must be conducted within a completely enclosed structure, or defined area that is safely identified to limit vehicular or pedestrian hazards; sales cannot be made from a vehicle.
E. Written approval from the property owner must be provided to the City prior to issuance of a zoning permit.
F. Signage shall be limited to one sign not exceeding sixteen square feet and located within the defined sales area.
G. A site plan detailing the location of the temporary business area, sign location, setbacks and parking area must be submitted with the application.
(2) Seasonal temporary sales of garden supplies, plants, trees and similar items, may be permitted in C-1, C-3 and C-4 districts, subject to the following conditions:
A. Such sales are for seasonal, non-manufactured items, typically sold out-of-doors, and the sales period is limited to sixty days, with no more than two permits issued within any twelve month period.
B. A zoning permit is obtained from the City.
C. The use is not determined to be noisome or potentially noisome;
D. Adequate public safeguards, such as sufficient parking, setbacks, circulation patterns and the like, are determined to exist.
E. Locations must be on zoning lots that include parking lots designed to accommodate 100 or more cars.
F. Ten percent of the parking area may be used, up to a maximum of twenty spaces, for the seasonal temporary sales area.
G. All items to be sold must be located within a completely enclosed structure, or defined area that is safely identified to limit vehicular or pedestrian hazards.
H. Items sold must be associated with and incidental to an existing business located on the same zoning lot.
I. A site plan detailing the location of the seasonal temporary sale area, sign location, setbacks, parking area and any other information the City determines to be necessary must be submitted with the application.
J. In the event conditions A. through I., listed above, cannot be satisfied, an application can be made to the Planning Commission following the procedures of a conditional use permit.
(h) Swimming Pools. This division is enacted to provide regulations for bodies of water used for swimming or recreational bathing, including spas and hot tubs, with the exception of storm drainage retention or detention facilities authorized by the City.
(1) General requirements.
A. “Swimming pool” shall be defined as any structure, intended for swimming, recreational bathing or wading, which is capable of containing water over 24 inches deep, whether in-ground, on-ground or above-ground.
B. No person shall locate, construct or install a swimming pool or make any alteration thereto without first submitting an application and plans to and obtaining the required permits from the City.
C. Overhead conductor clearances. A minimum horizontal clearance of ten feet shall be maintained to any overhead electric conductor.
D. Underground conductors clearances. No underground wiring shall be located within five feet of the outside walls of a pool.
E. No person shall use, operate, repair or maintain a swimming pool in violation of any of the provisions of this Code.
F. Swimming pools shall not be used until pool construction has been approved by the City.
G. Swimming pools on residential property shall be considered an accessory use.
H. All swimming pools must be equipped with a functioning filtration system.
I. Where an existing pool is located at a vacant property, the pool shall be drained and properly covered.
(2) Swimming pool locations.
A. Private swimming pools.
1. The swimming pool must be located in a rear yard, outside any recorded utility easement and not closer than ten feet to any permanent structure, or not closer than five feet to any side or rear property line.
2. Pumps and/or filter systems shall be located a minimum of ten feet from any property line and five feet from the building foundation line.
3. Lights, diving boards, slides or other accessories shall not project more than ten feet above the average grade of the pool site.
B. Public club and commercial swimming pools. The swimming pool and accessory structures shall not be closer than 50 feet to any property line of the property on which the pool is located.
(3) Swimming pool barrier requirements. The provisions of this division shall apply to the design of barriers for swimming pools. The design controls are intended to provide protection by restricting access to swimming pools. The requirements provide an integrated level of protection against potential drowning through the use of physical barriers.
A. Barrier required. Every person owning land on which there is situated a swimming pool shall erect and maintain an adequate enclosure which surrounds either the property or the pool area. All pools shall be surrounded by a barrier that complies with the following:
B. The top of the barrier shall be not less than 48 inches or greater than 72 inches above grade.
C. The distance from the ground to the bottom of the barrier may not exceed two inches.
D. When the barrier is located over a hard surface, such as concrete or mounted to the top rail of an on-ground pool, the distance from the bottom of the barrier to the hard surface may not exceed four inches.
E. Openings in the barrier shall not exceed four inches.
F. If the barrier has a solid surface, such as a privacy fence, the fence must be constructed with the structural framing members, horizontal and vertical, on the side facing the interior of the property.
G. If the barrier is chain link fence, opening shall not exceed 1.75 inches.
H. Within the rear yard and where applicable, there must be a clear zone of not less than 36 inches on the exterior side of the barrier.
I. Access gates shall be equipped to accommodate a locking device and open outward, away from the swimming pool.
J. An on-ground or above-ground swimming pool wall may serve as the barrier where the swimming pool structure is on grade and the entire wall is at least 48 inches above grade, provided that the access ladder or steps shall be capable of being secured, locked or removed to prevent access to the pool.
K. Spas and hot tubs must comply with the barrier requirements as outlined in this section or have a locking cover that limits access.
(4) Drainage. All swimming pools shall be drained into a public storm sewer or street with storm drainage. No swimming pool shall be drained onto adjacent properties.
(5) Storable pools. The following regulations shall pertain to storable pools only.
A. “Storable swimming pool” shall be defined as any swimming pool that is constructed on or above the ground and capable of holding water from a depth of 24 inches to 42 inches, or a pool with nonmetallic, molded polymeric walls or inflatable fabric walls of any dimension.
B. Ground fault circuit interrupter (GFCI) required. Cord and plug connected circulation or filtering systems shall be connected to a GFCI protected power source. All pumps or filtering equipment shall be connected to a circuit containing a properly sized equipment grounding conductor. All 125 volt, 15 and 20 ampere receptacles located within 20 feet of the storable pool shall be GFCI protected.
C. Receptacle locations. Receptacles shall not be located within six feet of the inside walls of a storable pool.
D. Extension cords. Extension cords are not permitted for the connection of storable pool equipment.
(i) Private Garage. Attached private garage for any single family or multi-family residential dwelling unit shall not exceed 1,000 square feet in area or the total square footage of the dwelling unit, whichever is less.
(Ord. 79-56. Passed 11-13-79; Ord. 80-44. Passed 9-23-80; Ord. 80-46. Passed 9-23-80; Ord. 82-14. Passed 5-11-82; Ord. 84-7. Passed 4-10-84; Ord. 85-31. Passed 5-14-85; Ord. 87-21. Passed 8-11-87; Ord. 90-15. Passed 5-8-90; Ord. 91-2. Passed 1-8-91; Ord. 91-15. Passed 10-8-91; Ord. 91-18. Passed 11-26-91; Ord. 92-8. Passed 1-28-92; Ord. 92-25. Passed 7-14-92; Ord. 94-23. Passed 11-22-94; Ord. 96-7. Passed 3-27-96; Ord. 98-16. Passed 11-10-98; Ord. 00-8. Passed 6-27-00; Ord. 00-18. Passed 9-26-00; Ord. 01-24. Passed 9-11-01; Ord. 03-3. Passed 4-8-03; Ord. 04-18. Passed 8-10-04; Ord. 05-5. Passed 3-8-05; Ord. 05-6. Passed 3-8-05; Ord. 13-5. Passed 3-26-13; Ord. 21-14. Passed 11-9-21.)