§ 158.039  GENERAL SUPPLEMENTARY REGULATIONS.
   (A)   Bulk of buildings. All buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located; except that, parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the city (as provided in division (O) below).
   (B)   Maintenance of yards, courts and other open spaces. The maintenance of yards, courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.
   (C)   Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable regulations of the zoning district in which the property is located.
   (D)   Attached garage/storage in a Residential Dwelling District.
      (1)   The attached garage/storage space in a residential dwelling unit shall not exceed 50% of the dwelling unit’s living space, as defined. Single-family lots are permitted to have a 500-square foot attached garage/storage area regardless of the footprint of the living space in the dwelling unit, but must comply with all other requirements.
      (2)   The height of the attached garage/storage area may not exceed the shortest ridgeline of the area of the dwelling unit defined as living area, not to exceed 25 feet and two stories.
      (3)   The building material of the attached garage/storage area shall be constructed with material consistent with the dwelling unit.
   (E)   Accessory buildings.
      (1)   No accessory building shall be used for residential purposes, except as otherwise provided in this chapter.
      (2)   The following additional regulations apply only to accessory buildings (garages, sheds and the like) only in the SR (single-family) zoning districts. These regulations do not apply to pools, decks or covered patios.
         (a)   The ground floor area of each accessory building shall not exceed 1,000 square feet (total floor area not to exceed 2,000 square feet). The footprint of the accessory building may not exceed the footprint of the principal building. Single-family lots are permitted to have a 500-square foot garage regardless of the footprint of the principal building, but must comply with all other requirements.
         (b)   The height may not exceed the shortest ridgeline of the principal building, not to exceed 25 feet and two stories.
         (c)   The setback requirement between accessory buildings on the same lot shall be a minimum of ten linear feet.
         (d)   No accessory building exceeding 200 square feet may have metal exterior walls.
      (3)   The following additional regulations apply only to accessory buildings (garages, shed, etc.) only in the RR Rural Residential zoning district. These regulations do not apply to pools, decks or covered patios.
         (a)   The ground floor area of each accessory building shall not exceed 2,500 sq. ft. (total floor area not to exceed 5,000 sq. ft.).
         (b)   The setback requirement between accessory buildings on the same lot shall be a minimum of ten linear feet.
         (c)   Any accessory structure used for animals must be a minimum of 25 feet from any side or rear property line.
   (F)   Location of required open space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group unless otherwise specifically provided for herein.
   (G)   Required yards for existing buildings. No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this chapter for equivalent new construction.
   (H)   Reduction of lot; limitation on number of principal buildings on lot. No part of an area, frontage or yard required for any lot, building or use for the purpose of complying with the provisions of this chapter shall be included as an area, frontage or yard for another lot, building or use. Except as otherwise specifically provided in this chapter, only one principal building shall be permitted on a lot.
   (I)   Corner lots and through lots. For any through lot, both frontages shall comply with the front yard requirements of the district in which it is located.
   (J)   Frontage requirements. Any lot in any district shall have minimum frontage abutting a public street the width of which shall be the greater of:
      (1)   Thirty feet;
      (2)   The width of the building located on the lot; or
      (3)   The lot width required by the Zoning District in which the lot is located as shown in § 158.036(E).
   (K)   General performance standards.
      (1)   Any lot shall be properly graded for drainage and maintained in good condition, free from trash and debris.
      (2)   Noise emanating from any use shall not be of such volume or frequency as to be unreasonably offensive at or beyond the property line. Unreasonably offensive noises, due to intermittence, beat frequency or shrillness shall be muffled so as not to become a nuisance to adjacent uses.
      (3)   No obnoxious, toxic, corrosive or radioactive matter, smoke, fumes or gases shall be discharged across the boundaries of any lot in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or to cause injury or damage to property or business.
   (L)   Occupancy of temporary structures. No temporary structure (including travel trailers or mobile homes) shall be used or occupied for any residential, commercial or industrial use, except as specifically permitted or required by this chapter. However, the Zoning Hearing Officer may, upon application therefor, permit the use of such temporary structure for such reasonable time and for such use as the Hearing Officer deems to be compatible with the character of the area in which the structure is located, and in compliance with reasonable consideration of the general health, safety and welfare.
   (M)   Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and/or minimum dimensions to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous, and are held in one ownership, they shall be used as one zoning lot for such use.
   (N)   Individual water and sewage systems. In any district where individual water and sewage systems are used in place of public water and/or sewage facilities, the minimum lot area width and depth shall be subject to approval of the City Council but shall not be less than required for the district in which the use is to be located or less than one acre in area, whichever is greater; or have less frontage than 125 feet. When doubt exists with the City Council as to the adequacy of the soil structure of the lot to properly accommodate an individual water and/or sewage system, the City Council may require the property owner to obtain an opinion from a registered engineer as to the size of lot required for an individual water and/or sewage system to operate on the lot according to safe health standards. If the findings of the engineer indicate that larger lots are necessary, the City Council may require a lot size in excess of the minimum area defined previously in this division (N). However, no such variation shall be made by the City Council without first having a public hearing before the Zoning Hearing Officer.
   (O)   Maximum height of building; exclusions. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, silos, parapet walls, cornices without windows, antennas or necessary mechanical appurtenances usually carried above the roof level or to public buildings or structures located more than one foot horizontally from the property line for each foot of building height.
   (P)   Minimum yards; exceptions. Subject to the requirements that there be a minimum distance of six feet between any point on a principal building and any point on any principal building on an adjacent lot, the following exceptions shall apply.
      (1)   Cornices, chimneys, planters or other similar architectural features may extend two feet into a required yard.
      (2)   Open, unenclosed, uncovered porches at ground level may extend into a required yard not more than six feet.
      (3)   Fire escapes may extend into a required yard not more than four feet.
      (4)   Patios extending into required rear yards may be covered by a roof, but shall not be enclosed by walls.
      (5)   Canopies, eaves, balconies, roof overhangs or other similar features not included in the foregoing parts of this section, may extend into a required yard not more than four feet.
      (6)   For lots in all SR and MR Districts where homes with front yards, or side yards facing adjoining streets, have been developed within the minimum yard requirements for that district, the average front yard setback of existing homes shall be the minimum setback for new principal structures and additions; provided, such an average requirement is not less than ten feet to the property line. Neighboring residences on one side of the street between intersecting streets shall be used in determining average front yard setback.
   (Q)   Public utility distribution facilities; exception. Public utility transmission and distribution facilities may be exempt from minimum rear yard requirements, except as provided for each zoning district (subject to § 158.038(K)).
(Ord. 623, passed 9-8-1970; Ord. 949, passed 12-17-1979; Ord. 3786, passed 12-17-2012; Ord. 3817, passed 2-18-2014; Ord. 3901, passed 10-5-2015)