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169.04 FENCES AND WALLS.
The provisions of this section apply to the construction, alteration, moving, and repair of any fence or wall within the jurisdiction.
   1.   Permit Required. Each application for a permit shall be submitted prior to the installation or alteration of a fence or wall. The application shall be accompanied by a plot plan, in duplicate, drawn to scale, showing the actual dimensions of the lot; the size, shape, and location of all existing buildings; location, height, and material type of the proposed fence or wall; and such other information as may be necessary to provide for the enforcement of this section. A record of applications and plans shall be kept in the Code Official’s office.
   2.   Application Fee. A fee for the permit shall be charged. The fee shall be set by the City and shall be available at the office of the Code Official.
   3.   Review. All applications for permits shall be submitted to the Code Official for review and approved prior to permit issuance. Each application shall include data necessary to show that the requirements of this code are met.
   4.   Expiration. Every permit issued by the Code Official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Code Official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.
   5.   Inspections. A final inspection may be performed to assure compliance with this code.
   6.   Height. The height of all fences and/or retaining walls located within a front, corner side yard, side, or rear yard shall not exceed those found in Table 169.04.
 
 
   7.   Location. Fences and walls shall be located entirely within the confines of the property lines except for fences located next to a public or private alley shall maintain a minimum 2-foot separation between the fence and alley line. No fence or wall shall encroach on or obstruct a public sidewalk.
   8.   Prohibited Fence Material. The following fences are prohibited, except as provided in this chapter or for permitted agricultural residential gardening uses to protect against rodents, vermin, and pests:
      A.   Metal fences with the exception of chain link, wrought iron and, simulated wrought iron and
      B.   Electrical fences or any kind of electrically charged fences
      C.   Wood panel fence
      D.   Plywood or oriented strand board (OSB)
      E.   Pallets or any used repurposed material
      F.   Chicken wire
      G.   Snow fence, except as provided below
A snow fence may be erected on a temporary basis, not to exceed six months, to alleviate the adverse effects of drifting snow or to warn and prevent access to an area by unauthorized persons. When erected on a temporary basis to prevent access of unauthorized persons to any area, a snow/safety fence shall be removed within 24 hours after the elimination of the reason for which the fence was erected originally.
   9.   Installation and Maintenance. All fences and walls shall be installed or constructed in a workmanlike manner. All fences and walls shall be maintained and repaired as needed. The owner of the property upon which the fence or wall is constructed is required to maintain the fence.
169.05 ACCESSORY STRUCTURES AND USES.
Accessory structures and uses shall occupy the same lot as the main use or building. No lot shall have an accessory structure or use without the principal use. No accessory structure shall be used as a dwelling unit. Accessory structures shall be constructed out of material intended for long-term exposure to the elements. Prohibited materials include, but are not limited to cloth, fabric, canvas, plastic sheets and tarps. Exceptions to the materials prohibition includes plastic for greenhouses and fabric and/or canvas for shade structures. Shipping containers are prohibited as an accessory structure.
   1.   Yard Encroachment. No accessory building or use shall be located within any yard unless authorized by this Section and/or Section v.
   2.   Freestanding Garages, Storage Buildings, Greenhouses, Gazebos, Pergolas, and other Similar Structures greater than 200 Square Feet Gross Floor Area.
      A.   RS, RD and ID districts shall be subject to the following:
         (1)   A maximum of one garage, storage building, greenhouse, gazebo, pergola, or other similar structure greater than 200 square feet gross floor area.
         (2)   Freestanding garages. A maximum gross floor area of 850 square feet. RS district exception: on properties exceeding .5 acres but less than .75 acres, the maximum gross floor area shall be 1,000 square feet. On properties exceeding .75 acres but less than one acre, the maximum gross floor area shall be 1,200 square feet. On properties exceeding one acre, the maximum gross floor area shall be 1,400 square feet. Notwithstanding the foregoing, the gross floor area shall not exceed the total footprint of the residence.
         (3)   All other structures besides freestanding garages. A maximum gross floor area of 600 square feet.
         (4)   May be located within the rear yard subject to a five foot side and rear setback.
         (5)   May be located within a side yard subject to meeting the required side and rear yard setbacks for the main building.
         (6)   Must be situated a minimum 20 feet from a public or private right-of-way or improved alley.
         (7)   May not be located within any utility, sewer, drainage, access or walkway easement, where such easement is dedicated to the City or to public use.
         (8)   A maximum height of 15 feet.
      B.   RM district.
         (1)   No maximum number accessory structures, however, the aggregate floor area shall not exceed the aggregate footprint of the main buildings.
         (2)   May be located within the rear yard subject to a 10-foot side and rear setback.
         (3)   A minimum 20 feet from a public or private right-of-way or improved alley.
         (4)   Not within any utility, sewer, drainage, access or walkway easement, where such easement is dedicated to the City or to public use.
         (5)   A maximum height of 15 feet.
   3.   Storage Buildings, Greenhouses, Gazebos, Pergolas and other Similar Structures 200 Square Feet Gross Floor Area or Less.
      A.   RS, RD and ID districts shall be subject to the following:
         (1)   A maximum two storage buildings, greenhouses, gazebos, pergolas, or structures designed for other similar use, or any combination thereof, may be located within the rear yard.
         (2)   A minimum of five feet from the side and rear property line.
         (3)   A minimum of 10 feet from a public or private right-of-way alley.
         (4)   Not within any utility, sewer, drainage, access or walkway easement, where such easement is dedicated to the City or to public use.
         (5)   Maximum building height of 10 feet.
(Subsections 1-3 - Ord. 2023-26 – Jan. 24 Supp.)
   4.   Other accessory uses.
      A.   Swimming pools. Swimming pools may be located within the rear yard subject to the following conditions:
         (1)   A minimum of five feet from the side and rear property line.
         (2)   A minimum of 10 feet from a public or private right-of-way.
         (3)   Not within any utility, sewer, drainage, access or walkway easement, where such easement is dedicated to the City or to public use.
      B.   Flagpoles. Flagpoles may be permitted within any yard subject to the following conditions:
         (1)   Limited to the maximum of three poles.
         (2)   Limited to the maximum height for the district or 40 feet, whichever is less.
         (3)   A minimum of five feet from any property line.
         (4)   External illumination of flags is permitted but must be focused on the flagpole and flag.
      C.   Freestanding solar systems. Freestanding solar systems may be located within the rear yard subject to the following conditions:
         (1)   Must meet the required side and rear yard setback for the main building.
         (2)   Not within any utility, sewer, drainage, access or walkway easement, where such easement is dedicated to the City or to public use.
         (3)   Maximum system height of 15 feet.
   5.   District Specific Accessory Uses.
      A.   In all districts, the storage of wood, lumber, and other material where the land occupied by such storage is confined to one location in the rear yard area with a maximum area of 100 square feet, provided that there are at least eight inches of free air space under such storage.
      B.   In all non-residential districts and for non-residential uses in residential districts, outdoor storage or display exceeding 100 square feet shall be subject to the following:
         (1)   Outdoor storage or display areas shall be screened with landscaping consisting of shade trees and evergreen trees and shrubs. Such landscaped area shall be of sufficient width and density to provide an effective and aesthetically pleasing screen with trees and shrubs not less than five feet in height when planted. In lieu of planting strips, a six-foot tall solid vertical fence or masonry, heavy wood construction, or other similar material approved by the Code Official may be used as a screen.
         (2)   Outdoor storage or display shall be allowed only on hard-surface areas paved to parking lot specifications with asphalt or concrete.
         (3)   Seasonal outdoor display may not be subject to the requirement if approved as a zoning temporary use.
   6.   Home Occupations.
      A.   Home occupations are permitted in any dwelling unit in the RS, RD R-MH districts as an accessory use provided that this use is clearly incidental and secondary to the primary use of the dwelling for residential purposes and does not change the character of the dwelling unit or adversely affect the surrounding residential district of which it is a part.
      B.   A member or members of the immediate family occupying the dwelling and no more than one person who is not a resident member of the immediate family may be in the home at any given time to work in connection with the home occupation.
      C.   Home occupations of an office or service-related businesses with client visits are limited to one client at a time per home occupation in the structure.
         (1)   For purposes of this section, client means one or more persons meeting with for the office or service-related business home occupation.
         (2)   For the purposes of this section, client does not mean regular meetings of sales associates or a similar category of employee.
      D.   No alteration of the principal building may be made that changes the residential character of that dwelling. Displays or activities that indicate from the exterior that the structure is being used, in part, for any purpose other than that of a residence are prohibited.
      E.   No commodities can be sold or services rendered that require receipt or delivery of merchandise, goods, or equipment other than by a passenger motor vehicle or by parcel or letter carrier mail services using vehicles typically employed in residential deliveries.
      F.   The home occupation and all related activity, including storage, must be conducted completely within the principal building or a permitted accessory structure.
      G.   No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials may be used or stored on the site. There must be no perceptible noise, odor, smoke, electrical interference, vibration, or other nuisance emanating from the structure where the home occupation is located in excess of that normally associated with residential use.
      H.   The home occupation cannot create greater vehicular or pedestrian traffic than is average for a residential area. The home occupation and any related activity must not create any traffic hazards or nuisances in public rights-of-way.
      I.   The use or storage of tractor trailers, semi-trucks, or heavy equipment, such as construction equipment used in a commercial business, is prohibited.
      J.   Repair and service of any vehicles or any type of machinery, small or heavy, is prohibited.
      K.   Rental services, where any materials for rent are stored on-site and customers visit the residence to pick-up and return the product, is prohibited.
169.06 EXTERIOR LIGHTING.
   1.   Lighting plan required. A lighting plan is required for development within the multi-unit residence, residential manufactured home park commercial, industrial and public districts and for non-residential development in residential and interim development districts. Single-family and two-family dwellings are exempt from a required lighting plan but are subject to applicable lighting requirements.
   2.   Maximum Lighting Regulations.
      A.   The maximum allowable foot-candle at any lot line is one foot-candle.
      B.   When additional security lighting is required for security reasons in excess of the foot-candle limit imposed by item 1 above, additional lighting may be allowed based on evidence for the need for additional security through site plan review.
      C.   No glare onto adjacent properties is permitted.
   3.   Luminaire with Cut Off Standards.
      A.   To be considered a cut off luminaire, the cut off angle must be 75 degrees or less.
      B.   The maximum total height of a cut off luminaire, either freestanding or attached to a structure, is 25 feet.
      C.   A cut off luminaire must be designed to completely shield the light source from an observer 3.5 feet above the ground at any point along an abutting lot line.
   4.   Luminaire with No Cut Off Standards. Decorative and/or architectural lighting with no cut off may approved as part of site plan review subject to the following standards:
      A.   A luminaire is considered to have no cut off if it is unshielded or has a cut off angle greater than 75 degrees.
      B.   The maximum permitted total height of a luminaire with no cut off is 15 feet.
   5.   Exceptions to Lighting Standards.
      A.   Uplighting of buildings, flags, statues, etc. is allowed but all light must be directed onto the object and cannot glare onto other properties.
      B.   Because of their unique requirements for nighttime visibility and limited hours of operation, outdoor recreational facilities (public or private) such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, golf driving ranges, show areas, and other similar uses are exempt from the requirements of this section. Recreational facilities are permitted a total luminaire height of 65 feet in any district. Luminaires greater than 65 feet in total height may only be approved by conditional use.
      C.   Holiday and seasonal lighting.
      D.   Luminaires used for public roadway illumination.
      E.   All temporary emergency lighting required by public safety agencies, other emergency services, or construction.
169.07 SUPPLEMENTAL LOT REGULATIONS.
   1.   Zoning Lot. In this chapter the term “lot” refers to a “zoning lot” unless the context clearly indicates that it refers instead to a “lot of record.” A zoning lot is a single tract of contiguous land which, at the time of filing for a building permit or a certificate of occupancy or district boundary change, is designated by the owner or developer as a tract to be used, developed, or built upon as a unit under single or unified ownership or control and assigned to the particular use, building, or structure for which the building permit or certificate of occupancy is issued. A lot includes such area of land as may be required by the provisions of this chapter for such use, building, or structure.
   2.   Lot Street Frontage and Access Required. No lot shall be created or any principal building constructed or placed on any lot or tract of land unless such lot or tract has frontage on either a public street or on a private street which has been specifically approved by the Council for that purpose. In order to be approved, such street shall provide permanent and unobstructed vehicular access, have a roadway of adequate width and surface, and meet all other applicable standards and requirements, established by the City. No lot shall be used for residential purposes unless such lot has at least a 35-foot frontage on such street.
   3.   Division of Lot. No improved lot shall hereafter be divided into two or more lots and no portion of any improved lot shall be sold unless all lots resulting from each division or sale shall conform to all the applicable bulk regulations of the district in which the property is located.
   4.   Number of Principal Buildings Permitted on a Lot. In all RM, C, and I districts, more than one principal institutional public or semi-public, multi-family, commercial, or industrial building may be located on a lot provided that no such building or portion thereof is located outside the buildable area of the lot. However, in all RS and RD districts, except in the case of Planned Area Developments, not more than one detached one- or two-family residential building shall be located on the same lot with any other principal building.
   5.   Lot of Record. In any residence district on a lot of record, on the effective date of the Zoning Ordinance, a single-family dwelling may be established even though the lot area and width do not meet the minimum district requirements, provided all other requirements of this code are met. However, where two or more contiguous substandard recorded lots are in common ownership and are of such size that together they constitute at least one conforming “zoning lot,” such lots or portions thereof shall be so joined and re-platted for the purpose of forming an effective and conforming zoning lot or lots.
169.08 SUPPLEMENTAL YARD AND HEIGHT REGULATIONS.
Any building, structure, or use hereafter erected, altered, or established shall comply with the general yard space requirements of the district within which it is located, except as specified herein.
   1.   Location of Required Yard. The required yard space for any building, structure, or use shall be contained on the same lot as the building, structure, or use and such required yard space shall be entirely upon land in a district in which the principal use is permitted.
   2.   Reduction or Sharing of Required Yards or Space Prohibited. No lot, yard, court, parking area, or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required for this code. No part of a yard, court, parking area, or other space provided for any building or structure to comply with the provisions of this code shall be included as part of a yard, court, parking area, or other spaces required under this code for another building or structure.
   3.   Required Yards for Existing Buildings. No yards, now or hereafter provided, for a building existing on the effective date of this Zoning Ordinance shall subsequently be reduced below (or further reduced if already less than) the minimum yard requirements of this code for equivalent new construction.
   4.   Required Yards on Major Streets.
      A.   Major Streets. All applicable building setbacks and yard requirements set forth in this code shall be measured and determined from the existing street right-of-way.
      B.   Private Streets. All applicable building setbacks and yard requirements along private streets shall be measured from the nearest line of the access easement.
      C.   In all C, O-RP, and I-1 districts on lots fronting on two nonintersecting streets, a front yard must be provided on both streets.
      D.   On corner lots in all districts there shall be a front yard on both streets.
   5.   Transitional Yards. Where a lot is in a C or I-1 district and is next to an R district, the side or rear yard required in that R district must be provided along the boundary line.
   6.   Yards with More than One Principal Building. When two or more buildings are permitted on a lot, the required yards shall be maintained around the group of buildings.
   7.   RD Side Yards. In all RD two-family dwelling unit districts, only the side yard on the detached side of the dwelling will be required. No side yard will be required on the side of the dwelling located on the common lot line.
   8   Permitted Encroachments into Required Yards and Exceeding Maximum Building Height.
      A.   An encroachment is the extension or placement of an accessory structure or architectural feature into a required yard. Permitted encroachments are indicated in Table 169.08-1: Permitted Encroachments into Required Yards and Exceeding Maximum Building Height.
         (1)   Section 169.06 contains regulations on accessory buildings and uses not listed in Table 169.08, which may include additional permissions or restrictions for their permitted encroachment into yards.
         (2)   When an accessory structure or architectural feature regulated by Table 169-08 is prohibited from encroaching in a required yard, the structure or architectural feature may be located in the corresponding yard beyond the required yard unless specifically prohibited by the table.
         (3)   Encroachments shall be subject to the corner visual clearance.
      B.   In districts where a maximum height is imposed, such height limitations shall not apply to certain appurtenances and structures and are indicated in Table 169-08: Permitted Encroachments into Required Yards and Exceeding Maximum Building Height.
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