(A) Regulations for detached garages and carports. In addition to the other requirements of this chapter and the city code, detached garages and carports shall adhere to the following regulations.
(1) Portable garages or carports are prohibited in all zoning districts.
(2) Detached carports shall be prohibited in all single-family residential districts, except R-O Heritage Residential. Such carports shall reflect the architectural character of the principal structure through complimentary materials and design, which may include, but is not limited to, trim, siding, roof style and materials, and shall be of a permanent nature.
(3) A detached garage or carport shall have a concrete floor per the specifications of the building code.
(4) A detached garage or carport shall have an asphalt, concrete or brick paver driveway from the street to the garage doors.
(5) For a single-family residence, there can be only one detached garage or carport.
(6) For a single-family residence, a detached garage or carport shall not exceed 660 square feet, nor shall it exceed 75% of the foundation area of the principal structure, whichever is less.
(7) For multi-family residences, the detached garage or carport shall not exceed 440 square feet per unit.
(B) Regulations attached garages and carports. In addition to the other requirements of this chapter and the city code, attached garages and carports shall adhere to the following regulations.
(1) Garages or carports attached to the principal residence shall comply with zoning district regulations applicable to the principal building as contained in § 156.073, Bulk Regulations.
(2) Attached carports shall be prohibited in all single-family, residential districts, except R-O Heritage Residential. Such carports shall reflect the architectural character of the principal structure through complimentary materials and design, which may include, but are not limited to, trim, siding, roof style and materials, and shall be of a permanent nature.
(3) If an attached garage is converted to living space, then the driveway leading to the former garage must be removed and landscaped, and the curb cut must be restored.
(4) For a single-family residence, there can be only one attached garage or carport.
(5) Attached garages or carports shall not exceed 75% of the foundation area of the principal structure. If the principal structure’s foundation is less than 533 square feet and meets all other applicable regulations, then its owner shall be permitted to construct a two-car garage (20 feet wide by 20 feet deep) without obtaining a variation.
(6) An attached garage or carport shall have an asphalt, concrete or brick paver driveway from the street to the garage doors.
(C) Regulations for sheds. In addition to the other requirements of this chapter and the city code, sheds shall adhere to the following regulations.
(1) Each residence shall be limited to one shed.
(2) A shed or similar structure shall not exceed the following sizes:
(a) For lots 10,000 square feet or less, the structure shall not exceed 150 square feet;
(b) For lots greater than 10,000 square feet to one acre, the structure shall not exceed 300 square feet;
(c) For lots one acre to two acres, the structure shall not exceed 450 square feet;
(d) For lots two acres or larger, the structure shall not exceed 600 square feet.
(3) Any building that is larger shall be considered a garage, and must comply with the above requirements for a detached garage.
(D) Regulations for swimming pools. In addition to the other requirements of this chapter and the city code, swimming pools shall adhere to the following regulations.
(1) A fence or wall with no openings or breaks, except for gates, not less than 48 inches in height, must be placed around the pool or lot on which the pool is located, or the pool must be constructed with a self-contained fence and retractable ladder.
(2) Planting material may not be used as a substitute for a required fence or wall.
(3) Pools shall be located a minimum of six feet, measured from the water edge, from any non-roofed deck that is six feet or higher from grade measured from the pool coping.
(4) Decks six feet or higher from grade, measured from the pool coping, and located less than ten feet and a minimum of six feet from swimming pools, measured at the water edge, shall have guardrails not less than 48 inches in height.
(5) Swimming pools shall be located a minimum of six feet from an attached or detached garage or a shed.
(6) Freestanding gazebos and pergolas shall be located a minimum of five feet from the principal structure and six feet from a swimming pool, measured from the water edge.
(E) Regulations for fences. In addition to the other requirements of this chapter and the city code, fences shall adhere to the following regulations.
(1) Fences on properties in a residential zoning district shall not exceed six feet in height above ground level where the fence is constructed (see Figure 024-1).
(2) Fences on properties in a commercial, industrial or office zoning district shall not exceed eight feet in height above ground level where the fence is constructed (unless otherwise specified).
(3) Fences on double frontage lots in a residential zoning district may be constructed to eight feet in height above ground level, where the fence is constructed along the lot line abutting the affected street right-of-way, provided the following conditions apply:
(a) The residential lot abuts a collector or arterial street as designated by the city;
(b) The opposite side of the street is zoned C-2, C-3, O-1, O-2, M-1 or M-2;
(c) The adjoining property has been or is to be developed for commercial uses; and
(d) All such adjoining residential properties extending to the nearest intersection streets in both directions (or other such points as determined by the Zoning Administrator to support community character and safety) reflect consistency and contiguity in their application, have fencing installed at the same time and having the same design features, material components, color, height and other such identifiable features.
(4) Fences on properties in a residential zoning district may be constructed up to eight feet in height where the fence is constructed in cases where an abutting property is zoned or used for commercial or industrial use.
(5) All fences shall have the finished side thereof facing outward from enclosed lot.
(6) Fences may be constructed on or directly adjacent to a property line, but no part of the fence may extend over a property line.
(7) Fences may be located in required yards, provided that:
(a) Fences shall not be located less than one foot from front and corner side yard lot lines.
(b) Front yard. Fences located in a required front yard shall not exceed four feet in height, and the length shall not exceed 50% of the lot frontage, and shall be of open design, except that lots in the R-O Heritage Residential District shall be allowed to have the length of the fence exceed 50% of the lot frontage (see Figure 024-1).
(c) Corner side yard. Fences located in a required corner side yard shall not exceed four feet in height, and shall be of open design, unless the fence is located 15 feet or one-half the distance between the house and the exterior lot line of the corner side yard, whichever is less (see Figure 024-1). Transition columns between four-foot and six-foot fences between the corner side and rear yard may be taller than six feet, but not greater than seven and one-half feet, to accommodate a light fixture or other appurtenance.
(d) For purposes of this section, OPEN-DESIGN FENCES shall include split-rail and post-and-board fences with no more than three horizontal rails or boards, wrought-iron fences, open picket fences, and other similar fence designs that do not create a hazard by obstructing or distorting vision; provided, however, that fences of chain link, woven mesh and other designs or materials that create a visibility hazard, due to reflective or refractive qualities or means of construction, are specifically excluded from this definition, and may not be placed in a required front or corner side yard in which an open-design fence is required.
(8) The provisions of this chapter shall not apply to fences constructed by a governmental body for the safety of children on park or school playgrounds.
(9) Chain-link fences shall not be permitted in any front or corner side yard of a residential-zoned property.
(10) Chain-link fences located in any business and industrial zoned property shall provide a vinyl coating on the chain link.
Figure 024-1
(11) Prohibited fences.
(a) Fences and planting materia l used in the nature of a fence, placed or maintained on any portion of any public right-of-way or in any required yard, which, by the nature of the materials used for its construction, its design or location, would impair public safety by interfering with and obstructing the vision of persons using the streets, sidewalks or driveways on or adjacent to such a yard.
(b) Fences and planting material used in the nature of a fence may not be located within the vision triangle, unless otherwise provided by this chapter.
(c) Fences constructed, in whole or in part, of electrically-charged wire, barbed wire, spikes, glass, protruding nails, or other sharp or pointed material of any kind.
(d) Chain-link fences with barbed ends up.
(e) Snow fences, except for the exclusive control of windblown snow between November 1 and March 31, and erected by state or local highway authorities.
(F) Regulations for stoops and entryways. In addition to the other requirements of this chapter and the city code, stoops and entryways shall adhere to the following regulations.
(1) Stoops and entryways, not more four feet above grade, may be located in front yards of properties in zoning districts other than R-O Heritage Residential and R-1 Single-Family Residential Districts.
(2) Stoops and entryways, not more four feet above grade, may be located in front yards upon a finding by the Zoning Administrator that the installation will ensure they are compatible with the neighborhood and do not create unsafe conditions.
(G) Regulations for outdoor area for restaurant and/or bar. Applications for outdoor seating shall be submitted to the Zoning Administrator for review to be in keeping with the requirements of this section and other relevant sections of the city code. Approved applications for outdoor seating may be renewed, subject to annual reconsideration by the Zoning Administrator for compliance with the standards of this section. All temporary seasonal outdoor seating areas are subject to the following regulations.
(1) Applications for outdoor seating shall be valid from April 1 to October 31, and may be renewed each year.
(2) An application for temporary outdoor seating shall include a site plan, clearly identifying the area to be used for outdoor seating in relation to the existing restaurant or bar, and all tables, chairs, waste containers, smoking areas and other items, shall be clearly marked and to scale.
(3) The outdoor seating area shall be accessory to the operation of a restaurant or bar, appropriately located on the premises.
(4) Landscaping or other forms of screening a temporary outdoor seating area may be required by the Zoning Administrator in keeping with site planning and safety standards of the city code.
(5) All outdoor seating areas shall be placed on an all-weather, hard-surface area.
(6) The outdoor seating area shall be immediately adjacent to the principal building, and located directly adjacent to the space occupied by the restaurant or bar.
(7) Temporary outdoor seating areas shall be exempt from applicable parking requirements.
(8) No smoking shall be required as part of temporary outdoor seating areas.
(9) Temporary outdoor seating areas shall be contained within a barrier designating the area. The barrier shall be provided by landscaping, planters, fencing or other material providing equally safe conditions, as may be approved by the Zoning Administrator.
(10) Temporary outdoor seating areas shall be subject to all applicable county health and sanitation codes.
(11) No additional signage may be displayed as part of a temporary outdoor seating area.
(12) Seating may be located on sidewalks or pedestrian walkways, provided that five feet of the sidewalk or walkway, inclusive of any required barrier, remains unobstructed.
(13) All seating, inclusive of any required barrier, shall be a minimum of five feet from any drive aisle or point of vehicular access.
(14) The seating and barrier shall not occupy or interfere with the use of required parking spaces, aisles, driveways, fire lanes and fire exits.
(15) The seating and barrier shall not occupy or interfere with the use of building entrances, exits and pedestrian walkways.
(16) Amplified music and music speakers are prohibited. Any other music or outdoor activities shall not negatively impact neighboring properties, and shall be discontinued by close of business and not later than 10:00 p.m.
(17) Exterior lighting shall be inwardly directed, with light sources not directly visible from adjacent properties so that no direct lighting or glare is cast off premises.
(18) Hours of outdoor operations shall coincide with the hours of operation of the restaurant or bar.
(19) All tables, chairs and other items are to be removed and stored other than outdoors on site by November 1, or at such time as the applicant ceases serving at the outdoor area.
(20) Tables, chairs and trash receptacles shall be maintained and in good condition at all times. Broken, rusting, torn or tattered furnishing shall be removed promptly.
(21) Sidewalks or pedestrian walkways shall be kept clean and free of refuse and clutter at all times.
(22) Any other conditions deemed necessary by the city to protect the public health, safety and welfare may be imposed.
(23) When there are sales and consumption of alcoholic beverages in the outdoor area, additional standards may be applied to screen the area, and it shall be licensed as set forth in § 111.09 of the city code.
(24) If temporary outdoor seating is provided on public property, the following shall apply in addition to the other requirements of this division:
(a) General commercial liability insurance shall be provided as may be required by the city.
(b) Items permitted on the sidewalk shall be limited to tables, chairs, trash receptacles and barriers per division (G)(9) above.
(c) The proposed placement of tables, chairs and trash receptacles to ensure safe and sufficient space for pedestrian traffic and access to parked vehicles.
(d) Tables, chair, trash receptacles or barriers may not be secured to the ground by drilling and bolting into the sidewalk or any other public improvement.
(e) All public improvements located on the sidewalk shall be maintained in the condition in which they existed immediately prior to the authorization by the city for temporary outdoor seating.
(H) Regulations for home occupations. Home occupations shall be compatible with the residential character of the neighborhood, and shall be subordinate and incidental to the primary use of the dwelling unit in which they are located. A home occupation may be conducted in any dwelling unit in any zoning district in which dwelling units are permitted, and shall be subject to the following requirements.
(1) No more than one person who is not a member of the immediate family occupying the dwelling unit shall be employed in connection with the occupation.
(2) There shall be no manufacturing or processing of any sort.
(3) No more than 25% of the area of a dwelling shall be devoted to the home occupation.
(4) There shall be no storage outside a principal building or accessory structure of equipment or materials or products used in the home occupation.
(5) The home occupation shall be conducted entirely within the principal residential building.
(6) No part of the home occupation or storage for the home occupation may be conducted in an accessory garage (attached or detached).
(7) The home occupation shall be conducted in a manner that would not cause the premises to differ from its residential character.
(8) Automotive repair as all or part of a home occupation shall be prohibited.
(9) Customer sales and pick up. Direct sales of products produced in relation to the home occupation from the dwelling unit are prohibited.
(10) The home occupation shall not require more vehicle parking space than exists on the residential driveway on the property, or on assigned parking spaces serving the dwelling unit. The site of the home occupation may not serve for staging of parking for which employees park personal vehicles on the site and work elsewhere.
(11) No more than one commercial vehicle associated with the home occupation may be parked on the property containing the home occupation at any time. The vehicle may not be of a designation higher than a "D" license plate. The height of the vehicle may not exceed seven feet for an open bed truck, or nine feet for an enclosed van, when measured from the ground to the roof. Any storage racks, ladders or other equipment attached to the vehicle and exceeding these height limits, may do so by no more than 18 inches.
(12) The home occupation shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond that which normally occurs in the zoning district in which it is located.
(13) The home occupation shall not have a separate entrance from outside the building.
(14) The home occupation shall not produce noxious or toxic materials.
(15) No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood.
(16) Any home kitchen operation shall be in keeping with the requirements of § 110.81, Home Kitchen Operation, and Ordinance No. 18-016.
(I) Regulations for micro-pantries or mini-libraries. In addition to the other requirements of this chapter and the city code, micro-pantries or mini-libraries shall adhere to the following regulations.
(1) Only one micro-pantry or mini-library shall be located on a property.
(2) The micro-pantry or mini-library shall not exceed the following dimensions:
(a) The height shall not exceed the maximum height of five feet from grade; and
(b) The size of the structure shall not exceed a maximum area of ten square feet.
(3) The micro-pantry or mini-library shall only be located in a commercial district, and shall not be closer than 1,000 feet from another micro-pantry or mini-library.
(4) The micro-pantry or mini-library must be maintained in good condition, and must be repaired within five business days of damage or disrepair.
(5) The micro-pantry or mini-library must not contain perishable foods, adulterated or contaminated foods, tobacco, a vaporizer or other similar heating devices or liquids for the use of "vape" products, alcohol, cannabis, whether procured legally or illegally, or illegal or legal drugs.
(J) Regulations for donation drop box facilities. As may be required as part of a special use per § 156.124 of the city code, donation drop box facilities shall adhere to the following regulations.
(1) Donation drop box facilities shall not be located on a property so as to in any way impede vehicular traffic or pedestrian safety.
(2) Donation drop box facilities shall not be located on a property so as to interfere with access to any parking space, and shall not reduce the number of parking spaces provided on a property.
(3) Donation drop box facilities shall not be located on a property without the written consent of the property owner.
(K) Regulations for outdoor sales and display. Outdoor display of goods for sale may be conducted as accessory to the operation of a business in a commercial district, and shall conform to the following regulations.
(1) The permitted outdoor accessory display of goods shall be located and maintained on the property so as to ensure safe and secure use of properties, and not create a nuisance.
(2) The area of the permitted outdoor accessory display may not exceed 10% of the indoor gross floor area of the related principal use on the same premises, or 100 square feet (whichever is greater).
(3) The permitted outdoor accessory display of goods shall be for the purpose of direct retail sales only, not for storage.
(4) Permanently-placed vending machines are permitted, provided:
(a) They are on a property located in a commercial zoning district;
(b) The device does not exceed a volume of 120 cubic feet;
(c) The number of permitted devices is one per 5,000 square feet of lot area, not to exceed a total of six.
(d) Placement must be adjacent to the wall of the principal structure.
(Ord. 21-016, passed 8-18-21; Am. Ord. 21-031, passed 10-20-21; Am. Ord. 23-006, 3-16-23; Am. Ord. 24-002, passed 2-21-24)