(A) Use regulations.
(1) Accessory buildings and metal exteriors.
(a) Buildings with metal exteriors are prohibited within all residential districts, with the exception of small accessory structures meeting the requirements of § 155.020; government-owned structures, facilities and uses; mobile and manufactured homes where permitted for residential purposes (not for storage); and temporary structures for uses incidental to construction work on the premises, provided the structures are in compliance with an approved temporary use permit.
(b) Noncommercial greenhouses may exceed the size limits established in this subdivision with the approval of the Planning and Development Director.
(c) No accessory building shall be constructed upon a lot until the construction of the main use building has been actually commenced. No accessory building shall be used unless the main use building on the lot is also being used.
(2) Facades.
(a) Exterior walls of buildings used for commerce/office use shall be of architectural block, brick, stone, hardiboard, concrete masonry units and/or architectural glass (less than 25% reflectance). Tilt-up concrete construction are permitted, provided the exterior surface (except windows and doors, and the like) is textured or covered with brick, stone, or material fabricated to simulate brick or stone. Stucco and EIFS (Exterior Installation Finished System) are permitted when a minimum of three feet above the slab level is of stone, brick, and/or split-face cinder block. Smooth concrete block, prefabricated corrugated-ribbed metallic panels, exposed aggregate, reflective glass (greater than 75% reflectance), roof shingles, aluminum, plastic and/or wood siding are prohibited. Temporary structures for uses incidental to construction work on the premises are not required to abide by the facade regulations.
(b) Exterior walls should be articulated to reduce the massive scale and the uniform, impersonal appearance of large buildings and provide visual interest.
(c) Standards. Architectural features on exterior walls shall address the visual impact of long uninterrupted walls by providing a minimum of three of the following elements (No uninterrupted length of any facade shall exceed 60 feet):
1. Variation in color and materials;
2. a. For walls between 60 feet and up to 100 feet in length wall plane projections or recesses having a depth of at least one foot and extending at least 1-1/2 feet of the length of the facade between projections and recesses;
b. For walls between 100 and up to 200 feet in length wall plane projections or recesses having a depth of at least two feet and extending at least three feet of the length of the facade between projections and recesses;
c. For walls greater than 200 feet in length wall plane projections or recesses having a depth of at least three feet and extending at least five feet of the length of the facade between projections and recesses.
3. Variation of a minimum of two feet in height of parapets. Variation to parapet height may include pilasters and projecting raised entrance features;
4. Pilasters projecting from the plane of the wall by a minimum of 16 inches;
5. Canopies projecting a minimum of six feet from the plane of the primary facade walls; and
6. Repetitive ornamentation including decorated applied features such as wall-mounted light fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of 60 feet.
7. Banding should be complimentary to scale with the building (approved by the Planning and Development Director).
(d) The Director of Planning and Development may grant administrative approval to use materials not listed when the intent of the regulations is met, or when special situations arise regarding the rear of buildings.
(3) Railroad rights of way. On all existing rights of way of railroad companies, regardless of the zoning district in which such rights of way are located, railroad trackage and accessories to railroad movement may be constructed or maintained.
(B) Height regulations:
(1) Public, semi-public or public service building, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each two feet additional height above the height limit otherwise provided in the district in which the building is located.
(2) Unless authorized by a valid conditional use permit, the heights of chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, flour mills, monuments, stacks, scenery lofts, tanks, water towers, ornamental towers, spiral church steeples, radio or television towers, necessary mechanical appurtenances, and other structures shall not exceed the maximum height, if any, established for buildings in the district in which such structures will be located.
(3) For purposes of this section, the word HEIGHT shall mean and refer to the elevation or the highest or uppermost point of the structure above ground level.
(C) Area and density regulations:
(1) In a district in which commercial or industrial buildings are built with one or more stories for residential purposes above the commercial or industrial uses, no side yards will be required for the residential portions of the building, provided that the part of the building intended for residential use is not more than two rooms deep from front to rear.
(2) No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall again be used as a yard or an open space for another building. Every part of a required yard shall be open to the sky and unobstructed by buildings except for accessory buildings in the rear yard and except the ordinary projections of skylights, sills, belt courses, cornices, and other ornamental features which may project into such yards a distance of not more than two feet.
(3) Open, unenclosed porches, platforms, and landing places not covered by roof or canopy may extend or project into the front yard for a distance not exceeding six feet.
(4) Uncovered terraces, porches, platforms, and patios which do not extend more than three feet above the floor level of the ground (first) story may project into a required side yard, provided these projections be distant at least two feet from the adjacent side lot lines.
(5) Front yard.
(a) Where 40% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (with a variation of five feet or less) a front yard greater in depth than therein required, new buildings shall not be erected closer to the street than the front yard so established by the existing buildings.
(b) Where 40% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have not observed a front yard as described above, then:
1. Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent buildings on the two sides; or
2. Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.
3. In determining such front yard depth, buildings located entirely on the rear one-half of a lot shall not be counted.
(c) On any corner lot on which a front or side yard is required, no wall, fence, sign, or other structure, or any plant growth shall be permitted or maintained higher than two feet above the curb level within 15 feet of the intersection of the property lines.
(6) Side yards.
(a) The minimum width of a side yard of a corner lot in the R-1 and R-2 Districts shall be not less than 15 feet; however, if the street side line of a corner lot is in the same block frontage with a lot or lots whose street line is a front of such lot or lots, the side yard shall be 25 feet from the property line.
(b) A side yard of not less than 25 feet on the side of the lot adjoining an R-1 or R District shall be provided for all schools, libraries, churches, community houses, clubs, and other public or semi-public buildings hereafter erected or structurally altered.
(c) Garages detached or attached to the main use building entering on the side street of a corner lot shall maintain a side yard of 20 feet in the front of the garage.
(7) Rear yard.
(a) In computing the depth of a rear yard where such yard opens into an alley, one-half of the width of such alley may be assumed to be a portion of the required yard.
(8) Multiple adjacent lots owned by same owner(s). A side or rear property line of an unimproved adjacent lot may be encroached upon by a primary structure or accessory structure, if the lots are owned by the same owner(s) and a primary structure exists or is being constructed on one lot. The two platted lots will be considered as one lot, with all the rights and restrictions/regulations that govern a single platted lot. No building permits will be issued for construction of a primary building on the encroached upon lot unless it is replatted to meet the minimum requirements.
(D) Lighting regulations.
(1) Any person wishing to install or use exterior lighting for non-residential and multi-family uses shall first request a site plan review and obtain approval for such lighting, unless waived by the Building Official. The site plan shall fully comply with the general regulations of this section and shall specify the location, height and type of all exterior lighting.
(2) The height of luminaries, except streetlights in public rights-of-way, shall not exceed 32 feet.
(3) Light trespass is found to be a nuisance and declared to be unlawful. All exterior lighting in all zoning districts shall be shielded or oriented in a manner that ensures that all illumination is contained on the source property. All exterior lighting shall be directed away from adjoining streets and residential properties in such a manner that the light emission shall not cause light trespass or objectionable glare observable from adjoining streets and other properties.
(4) Exterior lighting situated in such a manner as to be mistaken for traffic signals or presenting any hazard to safe driving is prohibited.
(5) Externally lit signs, display, building and aesthetic lighting shall be lit from the top and shine downward. Such lighting shall be shielded to prevent light trespass or the creation of a driving hazard. However, up-lighting of signs is permitted, provided that the light does not create light trespass or a hazard to safe driving.
(6) Up-lighting is prohibited, except:
(a) Up-lighting may be installed adjacent to flagpoles to illuminate a flag if the lighting is installed and directed in such a manner that the illumination is targeted directly at the flag and does not otherwise cause a light trespass or a driving hazard.
(b) Up-lighting of sculptures, buildings and landscape features for ornamental purposes that enhance the character of the area is permitted provided that the lighting does not create light trespass or a hazard to safe driving.
(c) Up-lighting of signs is permitted, provided that the light does not create light trespass or a hazard to safe driving.
(7) Canopy lighting shall be fully shielded or recessed so that the lenses of the lights are flush with the bottom surface of the canopy.
(8) This section shall not apply to the following types of lighting if the use thereof is approved in writing by the Building Official:
(a) Unshielded lighting may be used if it can be shown that the luminary will not cause a light trespass or a driving hazard.
(b) Lighting for special activities where the lighting need is temporary rather than lighting utilized continuously.
(9) This section shall not apply to:
(a) Lighting used by governmental or public safety personnel in the performance of their official duties.
(b) Holiday, traditional, or seasonal lighting may be used for a period not exceeding 40 days per year, provided the lighting does not create light trespass or a hazard to safe driving conditions.
(c) Approved public streetlights.
(Ord. 2001-36, passed 11-13-01; Am. Ord. 2004-06, passed 3-9-04; Am. Ord. 2004-27, passed 8-10-04; Am. Ord. 2006-40, passed 10-24-06; Am. Ord. 2008-17, passed 6-10-08; Am. Ord. 2010-32, passed 10-12-10)