(a) Permitted Uses. No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used in a manner which does not comply with all the district provisions established by this Zoning Ordinance for the districts in which the building or land is located. Uses which are omitted from this Ordinance, not being specifically permitted, shall be considered prohibited until, by amendment, such uses are written into this Ordinance.
(b) Permitted Height Exceptions. Except as specifically stated in other parts of this Zoning Ordinance, no building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet wall, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, water tanks or similar structures may be erected above the height limits herein. No such structure may be erected to exceed by more than fifteen (15) feet the height limits of the district in which it is located; nor shall such structure have a total area greater than twenty-five percent (25%) of the roof area of the building; nor shall such structure be used for any purpose other than a use incidental to the main use of the building.
Public, cultural, educational, recreational or religious buildings, when permitted in a district, may be erected to a height not to exceed forty-five (45) feet. Spires, steeples, cupolas, and other similar architectural elements may be erected to a height not to exceed seventy-five (75) feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.
(c) Front Yard Variances in Residential Districts. In any R District where the average depth of at least two (2)existing front yards on lots within 200 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this Zoning Ordinance, the required depth of the front yard on such lot may be modified. In such case, this shall not be less than the average depth of such existing front yards on the two (2) lots immediately adjoining, or in the case of a corner lot, the depth of the front yard on the lot immediately adjoining.
(d) Corner Lot. Corner lots in all districts are required to have the minimum front yard requirements, as indicated in that district, facing both streets.
(e) Sewage and Water Facilities. Where central sanitary sewage facilities and central water facilities are not available, the minimum lot size shall be one (1) acre for a single-family dwelling, where permitted, unless a larger area is required by this Zoning Ordinance and/or the responsible health authority.
(f) Transition Areas. To secure the optimum effect of transition from a residential to a nonresidential district, the Planning Commission, with the approval of Council, shall have the power to determine the need for and amount of plant materials, walls or fences, or any combination of these on any property line of land under consideration. The plans and specifications including density and height figures for the overall site development shall include the proposed arrangement of such plantings and structures.
(g) Construction. Nothing contained in this Zoning Ordinance shall hinder the construction of a building or prohibit its use where construction has started before the effective date of this Zoning Ordinance pursuant to a duly issued building permit provided construction is completed within two (2) years of the effective date of this Zoning Ordinance.
(h) Principal Buildings Used Primarily for Residential Purposes. No more than one detached dwelling shall be permitted on any lot unless otherwise specifically stated in this Zoning Ordinance, and every dwelling shall be located on a lot having required frontage on a public street.
(i) Legal Nonconforming Lots. Any lot not meeting current minimum area requirements but which was a legally conforming lot of record prior to the effective date of this Zoning Ordinance, or any amendment thereto, may be used for a detached single-family dwelling irrespective of the area, depth or width of such lot; the width of the side yard of any such lot need not exceed ten percent (10%) of the width of the lot; the depth of the rear yard need not exceed twenty percent (20%) of the depth of the lot. However, in no instance shall the minimum dimensions of the side and rear yards be less than five (5) and twenty (20) feet respectively.
(j) Lots, Yards and Open Space. No space which, for the purpose of a building, has been counted or calculated as part of a side yard, rear yard, front yard or other open space required by these regulations may, by reason of exchange in ownership or otherwise, be counted or calculated to satisfy the yard or other open space requirement of or for any other building.
(Ord. 109-14. Passed 6-23-14.)
(k) Projections into Yard Areas. Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt-courses, cornices and ornamental features projecting not to exceed twelve (12) inches.
(1) Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the level of the ground (first) story may project into a required side yard, provided these projections are distant at least two (2) feet from the adjacent lot line.
(2) The ordinary projections of chimneys or flues are permitted into the required side, rear and front yards.
(3) An open unenclosed porch or paved terrace may project into the required front and rear yard for a distance not to exceed ten (10) feet.
(Ord. 58-17. Passed 4-24-17.)
(l) Accessory Buildings and Similar Items.
(1) Attached accessory buildings. An accessory building attached to the principal building, on a lot, shall be made structurally a part thereof, and shall comply in all respects with the requirements of this Zoning Ordinance applicable to the principal building.
(2) Detached accessory buildings. An accessory building detached from the principal building, on a lot, shall conform to the following requirements:
A. Requirements for detached accessory buildings associated with principal buildings used primarily for residential purposes in all districts, and associated with principal buildings for all uses on lots located in the M-U District:
1. No detached accessory building shall be constructed upon a lot until construction of the principal building on the lot has been completed.
2. Detached accessory buildings shall be located in the rear yard.
3. Detached accessory buildings shall be built no closer than five (5) feet to rear and side lot lines.
4. No detached accessory building shall be located closer than ten (10) feet to any other building, unless a closer distance is approved by the Building Official Planning Director.
5. The height of detached accessory buildings shall be limited to fifteen (15) feet.
6. There shall not be more than three (3) detached accessory buildings on one lot.
7. The combined area of all detached accessory buildings on a lot shall not exceed 744 square feet, except as follows: The maximum combined area of all detached accessory buildings on a lot may be increased to a maximum of 1,032 square feet, provided that such area shall not exceed ten percent (10%) of the area of the rear yard of the lot.
9. Detached objects including swing sets, play structures, etc., shall be exempted from the provisions of subsections (l)(2)A.4., 6., 7. and 8., above, provided that they do not require permanent location on the ground or attachment to something having location on the ground, pursuant to this Ordinance or the standards and requirements of the building regulations adopted and administered by the City.
10. Swimming pools shall be exempted from the provisions of subsections (l)(2)A.6. and 7. above provided that they meet all other standards and requirements as adopted and administered by the City.
B. Requirements for detached accessory buildings associated with principal buildings used primarily for nonresidential uses on lots located in all districts other than the M-U District:
1. No detached accessory building shall be constructed upon a lot until construction of the principal building on the lot has been completed.
2. Detached accessory buildings shall be located in the rear yard.
3. A detached accessory building shall comply with all setback requirements of the district in which it is located.
4. No detached accessory building shall be located closer than ten (10) feet to any other building, unless a closer distance is approved by the Building Official.
5. In no case shall the height of a detached accessory building exceed the height of the principal building.
(3) Similar items; exemptions.
A. Landscaping and other decorative or ornamental features shall be exempted from the provisions of subsection (m)(2) hereof.
B. Other items shall be exempted from provisions of this Section only as outlined in subsection (l)(2)A.9. above.
(Ord. 109-14. Passed 6-23-14.)
(Ord. 109-14. Passed 6-23-14.)
(m) Accessory Use.
(1) On all properties, no vehicle or other object used or intended primarily for storage purposes shall be located on a lot for more than two (2) periods, not exceeding ten (10) consecutive days each, during any calendar year. On nonresidential properties, the Planning Director may waive these.
(Ord. 63-16. Passed 5-9-16.)
(n) Keeping of Farm Animals in Residential Districts. The regulations of this section are established to permit the keeping of chicken, ducks, rabbits, and similar animals in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe.
(1) Number. No more than one such animal shall be kept on a parcel of land for each 800 square feet of parcel or lot area.
(2) Setbacks and size. The coops or cages shall meet all requirements for detached accessory buildings (Section 1113.05
).
(3) Prohibitions. No roosters, geese or turkeys may be kept except on a parcel that is greater than one (1) acre in area and only if the coop or cage housing the bird(s) is at least fifty (50) feet from all property lines. No predatory birds may be kept on any property under the regulations of this Section.
(4) Enclosures and Fences. Chickens and other birds shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the birds on the property and to prevent access by dogs and other predators.
(o) Temporary Construction Buildings and Uses. Temporary buildings and uses incidental to construction work may be located and commenced in any of the zoning districts herein established. However, such temporary buildings and uses shall be removed and discontinued upon the completion or abandonment of the construction work.
(p) Approval of Plats. No proposed plat of a new subdivision shall hereafter be approved unless the lots within such plat equal or exceed the minimum requirement set forth in the various districts of this Zoning Ordinance.
(q) Inconsistencies. In the event any of the requirements or regulatory provisions of this Zoning Ordinance are found to be inconsistent one with another, the more restrictive or greater requirements shall be deemed in each case to be applicable.
(r) Compliance with Building Regulations. All structures shall comply with the standards and requirements of the building regulations adopted and administered by the City.
(t) Effect of Annexation. All property annexed by the Municipality shall be regulated by the zoning regulations which govern the property prior to annexation until the legislative authority of the Municipality officially adopts zoning regulations for such territory.
(Ord. 109-14. Passed 6-23-14.)