§ 156.59 ADDITIONAL REQUIREMENTS, EXCEPTIONS AND MODIFICATIONS.
   (A)   Height modifications. Height limitations set forth elsewhere in this chapter may be increased by 100% when applied to the following:
      (1)   Monuments;
      (2)   Water towers;
      (3)   Flag poles;
      (4)   Chimneys, smokestacks and antennas;
      (5)   Cooling towers; and
      (6)   Grain elevators.
   (B)   Yard modifications. Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications.
      (1)   Cornices, canopies or eaves may extend into the required front yard a distance not exceeding four feet, six inches.
      (2)   Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches.
      (3)   A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six feet.
      (4)   The above enumerated architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace or outside stairway shall project into the required side yard distance.
      (5)   A wall, fence or hedge may occupy part of the required front, side or rear yards.
      (6)   The required front yard of a corner lot shall not contain any wall, fence or other structure, tree, shrub or other growth which may cause danger to traffic on a street or public road by obscuring the view.
      (7)   No trees shall be planted in the right-of-way of any public utilities easement.
      (8)   On double frontage lots, the required front yard shall be provided on both streets.
      (9)   In determining the depth of rear yard for any building where the rear yard opens into an alley, one-half the width of the alley, but not exceeding ten feet, may be considered as a portion of the rear yard.
   (C)   Accessory buildings.
      (1)   In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of the chapter applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five feet to the main building.
      (2)   A detached accessory building shall not be located in any required front or side yard.
      (3)   A detached accessory building in any class of R Residence District not over one story and not exceeding 14 feet in height shall occupy not more than 30% of the area of any rear yard, provided further that no detached accessory building shall be located within five feet of any rear lot line or utility easement.
      (4)   A detached accessory building in a B-1 Limited Business, B-2 Central Business or I-1 General Industry District, or I-2 Limited Industry District shall conform to the development standards of the district in which it is located.
   (D)   Fences.
      (1)   Building permits are required to construct a fence in any location within the city limits.
      (2)   A fence may be constructed to the property line or right-of-way line, in any class of R Residence District. The individual(s) constructing the fence is responsible for locating the abutting property line.
      (3)   The property owner constructing a fence up to the property line or right-of-way line must obtain written permission from the abutting property owners to construct and maintain the fence.
      (4)   A fence shall not be constructed which has a height exceeding six feet, measured from ground level to the top of the fences, in any class of R Residence District.
      (5)   A fence constructed in any class of R Residence District shall be constructed so that the decorative side of the fence faces the abutting street or properties and the back side of the fence faces the property of the individual(s) constructing the fence.
      (6)   Existing fences are hereby approved. At the time an existing fence is replaced or structural repairs made, such as posts or fencing material, the new or repaired fence must comply with sections divisions (D)(1), (D)(2), (D)(3), (D)(4), (D)(5) above or (D)(7) below, or division (E) below.
      (7)   A fence shall not be constructed closer than ten feet to a property line or right-of-way line where there are overhead or underground existing or planned utility infrastructure. The city and the city municipal utility departments reserve existing and future utility easements along property lines and right-of-way lines, and the access thereto.
   (E)   Additional requirements for one-family detached dwellings.
      (1)   All new one-family detached dwellings constructed shall have a minimum width of 24 feet, in any of the classes of residence districts.
      (2)   All new one-family detached dwellings constructed shall have a foundation, in any of the classes of residence districts:
         (a)   Constructed of concrete block, poured concrete or treated lumber;
         (b)   Constructed as to encompass the perimeter dimensions of the single-family dwelling unit, ground level perimeter; and
         (c)   The foundation shall be supported by footing.
      (3)   All new one-family detached dwellings constructed shall have a roof overhang of at least 12 inches in any of the classes of residence districts.
   (F)   Swimming pools.
      (1)   A residential swimming pool is defined as any pool which contains more than 3,000 gallons of water and/or has a depth of more than three and one-half feet.
      (2)   No residential swimming pool may be constructed without first obtaining a building or land use permit.
      (3)   No residential swimming pool may be built within ten feet of any side or rear lot line or within ten feet of any principal structure.
      (4)   No residential swimming pool may be built within a required front yard or within 25 feet of any front yard lot line.
      (5)   Construction of a residential swimming pool may not be started without having the same fully enclosed with a fence, which may be temporary or portable, not less than five feet in height.
      (6)   No residential swimming pool may be constructed beneath overhead utility lines of any type or above underground utility lines of any type.
      (7)   No residential swimming pool may be constructed within 20 feet of any on-site sewer system facility.
      (8)   No residential swimming pool may be finished without completely enclosing it with a permanent wall or fence of the non-climbing type so as to be impenetrable by toddlers, affording not external hand holds, and a minimum of five feet in height. No integral part of any residential swimming pool shall constitute compliance with this division (F). All the enclosures shall be equipped with a self-locking and self-closing gate. The locking device shall be located within 12 inches of the top of the fence and opened by key only. The opening between the bottom of the fence or gate and the ground of other surface shall not be more than three inches.
      (9)   No residential swimming pool shall be constructed or maintained which is not enclosed within a fence or wall as described in the foregoing divisions or a latchable cover. The cover shall be constructed of a material which cannot be penetrated by toddlers.
      (10)   No outdoor lighting may be maintained which is permitted to spill or shine upon properties adjacent thereto which are not under the same ownership.
      (11)   All residential swimming pools constructed prior to the effective date of this section shall substantially comply with this section within 60 days from the effective date hereof. Owners of pools constructed prior to the effective date of this section may make a written request for an exception.
      (12)   Swimming pool regulations as stated in this division (F) shall not apply to seasonally erected swimming pools, provided all means of access to the seasonally erected swimming pool are removed and the swimming pool is covered when not in use.
   (G)   Facade standards.
      (1)   Architectural and aesthetic compatibility. Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties.
      (2)   Steel or aluminum buildings. Except in association with farming activities, no galvanized or unfinished steel or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosion resistant finish shall be permitted in any zoning district.
      (3)   Building type and construction in R-1, R-2, and R-3 Residential Zoning Districts:
         (a)   The exterior walls of all residential principal and accessory structures shall be in similar appearance to normal wood or masonry residential construction.
         (b)   Metal of any kind is prohibited as a primary facade material (excluding steel or aluminum lap siding). Metal may be used as trim or accent up to 20% of any facade.
         (c)   Any metal siding shall have horizontal edges and a vertical dimension no greater than 12 inches.
   (H)   Portable temporary storage units. Portable temporary storage units including, but not limited to, cargo containers, portable on-demand storage units, and semi-trailers, are not allowed as permanent storage structures in any residential zoning district, B-1 Limited Business District or B-2 General Business District. Portable temporary storage units being used for relocation and improvement projects are permitted in these zoning districts subject to the following conditions:
      (1)   The portable temporary storage unit is enclosed and secure.
      (2)   The portable temporary storage unit is in a condition free from rust, peeling paint, and other forms of visible deterioration.
      (3)   The portable temporary storage unit is located on a property for no more than 30 consecutive days in one calendar year, unless there is an active building permit in place for the property, in which case the portable temporary storage unit may be located on the property for no more than 90 consecutive days.
      (4)   The portable temporary storage unit is located on a driveway or hard surface area in the front yard, must be set back a minimum of 15 feet from the public street curb and five feet from a private street curb, and five feet from side property lines, and may not intrude on sidewalks.
      (5)   No permit is required for the portable temporary storage unit. The city may require information appertaining to the dates upon which the portable temporary storage unit was placed on a property and when it will be removed if concerns are raised over the duration of time during which the storage unit is located on the property.
(Ord. 266, passed 5- -2008; Ord. 282, passed 7-16-2012; Ord. 2017-05, passed 10-16-2017; Ord. 2020-01, passed 2-18-2020)