The regulations set forth in this section qualify or supplement, as the case may be, the development regulations appearing elsewhere in this chapter.
(A) General requirements.
(1) The area of a required yard shall be open to the sky and unobstructed, except for the ordinary projections of window sills, cornices and other ornamental features.
(2) Open and unenclosed building projections, such as outside stairways, fire escapes, balconies, porches, awnings, terraces, eave and roof extensions and ornamental features may project into the required yards not more than three feet. Such projections shall not be located closer than three feet from any lot line.
(3) An enclosed canopy for a gasoline filling station may extend beyond the building line but shall never be closer to the property line than 12 feet. The building line of a gasoline filling station shall mean the actual wall of the building and shall not be interpreted as being the curb or a walk or driveway or as the front of a canopy or the column supporting same. Gasoline filling station pumps and pump islands may be located within a required yard, provided that they are not less than 15 feet from any street line and not less than 50 feet from the boundary of any residential district.
(4) A carport or canopy may project into the required front yard, provided that the structure remains at least 15 feet from the property line.
(5) Where an open space is more than 50% surrounded by a building or buildings creating a court as defined in this chapter, then the minimum width of the court shall be at least 20 feet for one-story buildings, 30 feet for two-story buildings and 40 feet for three-story buildings.
(6) In the case of curvilinear streets and cul-de-sacs, the Planning and Zoning Commission may authorize a reduction of the otherwise specified frontage of lot width in residential districts along the front property line, provided that:
(a) The lot width at the building line shall equal the frontage or lot width required in the district where located;
(b) The front lotline shall be not less than 30 feet in any event; and
(c) Such reduction of frontage shall not result in a reduction of the required lot area.
(B) Height requirements.
(1) The height regulations prescribed herein shall not apply to church spires, belfries, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, spires, chimneys, elevator bulkheads, smokestacks, conveyors, and necessary mechanical appurtenances.
(2) Public or semi-public service buildings, hospitals, institutions, schools or churches, where permitted, may be erected to a height not exceeding 75 feet when each of the required yards are increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located.
(3) No structure may be erected to a height in excess of that permitted by the regulations of such airfield zoning ordinance as may exist at the time and whose regulations apply to the area in which the structure is being erected.
(C) Yard requirements.
(1) Front yard.
(a) Where 25% or more of the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building or buildings with front yards of less depth than required by this chapter, or where the configuration of the ground is such that conformity with the front yard provisions of this chapter would work hardship, the Board of Adjustment may permit modifications of the front yard requirements.
(b) In any residential district where 25% or more of the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than is required by this chapter, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the Board of Adjustment.
(c) Where the corner lot is a key lot, the required front yard shall be provided on both streets.
(2) Side yard.
(a) For the purpose of side yard regulations, an attached dwelling or multi-family dwelling shall be considered as one building occupying one lot.
(b) Where a lot of record at the time of the effective date of this chapter is less than 50 feet in width, the required side yard may be reduced to provide a minimum buildable width of 30 feet, provided, however, that no side yard shall be less than five feet.
(3) Rear yard. Where a lot abuts upon an alley,½ of the alley width may be considered as part of the required rear yard.
(D) Screening provisions. When a commercial, industrial or business use is established on a lot or premises located adjacent to any residential zoning district or when any multiple family dwelling use is established on a lot or premises adjacent to any property located in a single-family residential zoning district, a six-foot high solid fence or wall shall be erected and maintained along the property line to provide visual screening.
(E) Site plan review. The purpose of site plan review is to ensure compliance with this chapter, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, adequate water supply, drainage and storm water management, sanitary facilities and other utilities and services.
(1) Site plan review and approval by the Planning and Zoning Commission shall be required for the following:
(a) Any apartment development;
(b) Any shopping center;
(c) Any specific use permit;
(d) Any development where more than one main building or use is proposed on a single lot or tract. No building permit shall be issued for any of the above developments unless a site plan is first submitted to and approved by the Planning and Zoning Commission. A certificate of occupancy shall not be issued until all construction and development conform to the approved site plan.
(2) Site plan review and approval by the City Planner shall be required for all other nonresidential developments. This approval is required prior to issuing a building permit and a certificate of occupancy shall not be issued until all construction and development conform to the approved site plan. Notwithstanding any other provisions of this chapter or its amendments, the City Planner may, at his or her discretion, require a site plan for any development to be submitted for approval by the Planning and Zoning Commission if, in his or her opinion, it is in the best interest of the city to do so.
(3) The decision of the Planning and Zoning Commission to approve or deny a site plan shall be final and binding unless an appeal of said decision is made to the City Council. The appeal shall be filed in writing with the Planning Department not more than ten days after the date of action taken by the Planning and Zoning Commission. The appeal shall state the reasons for dissatisfaction with the action of the Planning and Zoning Commission. If the City Council, by majority vote, deems the appeal to be without merit, it may refuse to accept the appeal, and the action of the Planning and Zoning Commission shall stand. If the City Council, by majority vote, accepts the appeal, the decision of the City Council to approve, conditionally approve, request modifications or deny a site plan shall be final and binding.
(4) The Planning and Zoning Commission may approve, conditionally approve, request modifications or deny approval of the site plan. Site plans will be reviewed with respect to:
(a) The relationship of the development to adjacent uses in terms of harmonious design, setbacks and negative impacts;
(b) The provision of a safe and efficient vehicular and pedestrian circulation system;
(c) The design and location of off-street parking and loading facilities;
(d) Access provided for fire fighting and emergency equipment to buildings and the location and width of street designed to accommodate prospective traffic;
(e) Screening and landscaping;
(f) Protection and conservation of water courses and areas subject to flooding;
(g) The adequacy of water, drainage, sewerage facilities and other utilities necessary for the building occupants.
(5) The City Planner shall have the authority to approve minor modifications of an approved site plan, provided that such modifications do not affect the building location or change the circulation plan.
(6) In order to ensure the submission of adequate site plan information, the Planning Department is granted the authority to maintain and distribute a list of specific requirements for site plan review applications. These requirements may be updated upon periodic review by the Planning Department. The site plan shall contain sufficient information describing the project, including but not limited to the following:
(a) Location of proposed building(s) and structure;
(b) On and off-site circulation;
(c) Parking;
(d) Grading;
(e) Landscaping;
(f) Placement of utilities;
(g) Screening;
(h) Engineering for streets and utilities.
(F) Building controls.
(1) No building shall be constructed or erected upon a lot or parcel of land which does not abut upon a public street or have permanent easement for access to a public street, which easement shall have a minimum width of 50 feet, unless an easement of lesser width has been approved prior to the adoption of this chapter.
(2) Only one main building for one-family and two-family use with permitted accessory buildings may be located upon a lot or unplatted tract.
(3) Every dwelling shall face or front upon a public street or approved place other than an alley, which means of access shall have a minimum width of 50 feet.
(4) Where a lot is used for retail, commercial, industrial purposes or a combination of same, more than one main building may be located upon the lot, but only when such buildings conform to all the open space and parking requirements applicable to the uses and districts and when all such main buildings face upon a public street other than an alley. Whenever two or more main buildings or portions thereof are desired to be placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the Planning and Zoning Commission so as to comply with the normal requirements for platting.
(5) No parking area, storage area or required open space for one building shall be computed as being the open space, yard or area requirements for any other building or use.
(`87 Code, Zoning Ordinance, Art. III, § 2) (Am. Ord. 1993-2, passed 2-2-93; Am. Ord. 2002-25, passed 2-19-02; Am. Ord. 2002-02, passed 1-15-02)