CHAPTER 5
SUPPLEMENTARY PROVISIONS
SUPPLEMENTARY PROVISIONS
SECTION:
10-5-1: Fences
10-5-2: Walls, Hedges, Berms, Landscaping
10-5-3: Vision Clearance
10-5-4: Additional Yard Requirements
10-5-5: Residential Dwelling Standards
10-5-6: Residential Accessory Structures
10-5-7: Authorization Of Similar Uses
10-5-8: Building Height Exemptions
10-5-9: Frontage And Access
10-5-10: Manufactured Homes
10-5-11: Home Occupations
10-5-12: Modular Homes
10-5-13: Transportation Improvements
10-5-14: Access Management And Connectivity
Fences are subject to the provisions of this chapter and require a permit prior to construction. Fence permits are to be processed under level I procedures.
A. Vision Clearance: Fences shall not conflict with requirements for vision clearance areas in section 10-5-3 of this chapter. For public safety reasons, no variances from these provisions shall be applied for or permitted.
B. Private Property: Fences shall always be required to be built on private property and never on public right of way. Private property lines may be a considerable distance back from actual street surfaces or curb lines.
C. Property Line: It shall be the property owner's responsibility and obligation to identify his property line when proposing to construct a fence on said property line. A property survey may be required.
D. Construction And Maintenance: All fences shall be constructed and maintained in a structurally sound manner. Fences which are structurally unsound and/or hazardous are subject to abatement.
E. Residential Zone Fences:
1. Rear And Side Yards: Fences not to exceed six feet (6') in height are permitted in side and rear yards, but shall not extend past the front of the residence or the front of a detached garage, whichever is farther from the front lot line.
2. Front Yard: From the front of the structure (as described in subsection E1 of this section) to the front property line, chainlink, woven wire and split rail fences not to exceed four feet (4') in height are permitted. Fences of other materials and sight obscuring fences shall not exceed three feet (3').
3. Corner Lots: On corner lots, the provisions of subsection E2 of this section apply to the front yard. Side yard facing on secondary street may incorporate fencing at a maximum height allowed from rear lot line to front of house, at which point it would conform to maximum front yard fencing height.
At the discretion of the city planner, fencing along entire side yard fronting on a street, or any portion thereof (excluding that portion from the front of the house to the front lot property line, which shall in all instances conform to the front yard fencing height restrictions), may be reduced in height for purposes of visual clearance.
F. Commercial Zone And Residential Office Zone Fences: All provisions of subsection E of this section apply to residences, commercial or office development in these zones.
G. Industrial Zone Fences: In industrial zones, fences not to exceed eight feet (8') in height are permitted in all yards of industrial developments except as restricted by vision clearance requirements. (Ord. 947, 5-12-2008)
A. All walls, hedges, berms, and other landscaping features shall conform to the vision clearance requirements of section 10-5-3 of this chapter. For public safety reasons, no variances from this requirement shall be issued.
B. Any freestanding property perimeter wall which is not a retaining wall shall conform to provisions of section 10-5-1 of this chapter. Retaining walls may be constructed to the height necessary to protect a cut-fill grade, but shall be a maximum of nine inches (9") above finished grade on the fill side of the wall.
C. Where a retaining wall is located on a line separating lots, the retaining wall may be topped by a fence of the height permitted in the particular yard in which the wall is located. The allowable height of the fence shall be determined by measuring from the finished grade of the wall.
D. Where an earthen berm is required, the size shall be determined by the site plan review committee or the planning commission. The berm may be topped by a fence, wall, or hedge of the height permitted in the particular yard in which the berm is located. The height shall be measured from the highest finished grade of the berm.
E. Landscaping installed for required screening shall be of sufficient size to provide the required degree of screening at the time of installation.
Required landscaping with living materials shall be lawn, ground cover, shrubs and trees suitable to the local climate. Landscaping shall be irrigated, properly maintained and protected from damage. (Ord. 947, 5-12-2008)
Vision clearance requirements apply to all zones.
A. All corner lots shall maintain a triangular area for clear vision purposes. Two (2) sides of the triangle are lines measured from the corner intersection of the property lines to a distance of twenty five feet (25') from the corner point. The third side of the triangle is the straight line connecting the two (2) 25-foot sides. Corner lots include intersections of public streets and private streets such as in mobile home parks or apartment developments.
B. All lots which abut alleys which intersect with streets shall maintain a triangular area for clear vision purposes. The sides of the triangle forming the corner angle shall be fifteen feet (15'). The third side of the triangle is the straight line connecting the two (2) 15-foot sides.
C. No screen or other visual obstruction with the exception of one tree or shrub trunk no larger than ten inches (10") in diameter shall be permitted to be between two and one-half (21/2) and eight feet (8') above the grade of street centerline, or curb top if one is present. Woven wire and chainlink fences are permitted provided that there is no other landscaping or visual obstruction.
D. The vision clearance requirement may be increased by the site plan review committee or planning commission in areas of unusual circumstances. For example, streets permitting high speed travel or with excessive curbs may require a larger field of vision.
E. Any obstruction of a visual clearance area is subject to abatement by the city upon twenty four (24) hours' notice irrespective of standard abatement procedures in section 10-1-10 of this title. (Ord. 947, 5-12-2008)
A. Measurement Of Yards: All required yards, whether specified in subsection C of this section shall be measured from the property line to the foundation line of the structure.
B. Permitted Intrusions Into Required Yards: The following intrusions may extend up to two feet (2') into a front, rear, or side yard. Additional uses of required yards are provided in section 10-5-6, "Residential Accessory Structures", of this chapter.
1. Eaves, bay windows, dormers, chimneys, solar collectors.
2. Stairways, fire escapes.
3. Planting boxes.
4. Other architectural features similar to those listed above.
C. Yard Requirements For Property Abutting Future Street Right Of Way:
1. If a lot abuts a street having only a portion of its required width dedicated, no building or structure shall be constructed on that portion of the lot needed to complete the road widths plus width and/or depth of the yards required on the lot by this title.
2. Where a precise plan adopted pursuant to law includes the plans for widening the existing streets, the connecting of existing or the establishment of new streets, the placement of buildings and maintenance of yards, where required by this title, shall adhere to the future street boundaries as determined by said precise plans.
D. Single Use Of Required Yard: No required yard or other open space dedicated to a particular structure or use shall be considered as providing required yard or open space for any other structure or use.
E. Exceptions To Required Front Yard: The following exceptions to the front yard requirement are authorized for a residential lot:
1. If there are dwellings on both abutting lots with front yards of less than the required depth for the zone, the front yard for the lot need not exceed the average front yard of the abutting dwelling.
2. If there is a dwelling on one abutting lot with a front yard of less than the required depth for the zone, the front yard for the lot need not exceed a depth one-half (1/2) way between the depth of the abutting lot and the required front yard depth. (Ord. 947, 5-12-2008)
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