The following supplementary zoning regulations are hereby adopted and shall apply in all cases where specified by this section.
(A) Visibility at intersections in all districts. On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vehicle drivers’ vision at intersections.
(B) Fences, walls, and hedges. Notwithstanding other provisions of this chapter, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard, provided that the fences, walls, or hedges along lot lines at street intersections do not impair visibility at the intersection within an area defined by lines of joining points located 20 feet back from the intersection of all curb lines extended.
(C) Offensive trade activity. No offensive trade activity shall be carried on upon any lot, nor shall anything be done which may be or become an annoyance or nuisance. No lot shall be used or maintained as a dumping ground for rubbish.
(D) Lot maintenance. In all districts, lots shall be maintained in such a manner as to be free and clear of debris. The following provisions relate only to the height of grass and weeds:
(1) On tracts of land, whether platted or described by metes and bounds, grass and weeds are not permitted to grow to a height in excess of 12 inches unless the vegetation is for agricultural operations and may then exceed 12 inches.
(2) The practice of agriculture includes the following activities:
(a) Cultivating the soil (tilling soil in order to better prepare it for planting);
(b) Producing crops for human food, animal feed, planting seed, or fiber;
(c) Floriculture (cultivation and management of ornamental and flowering plants);
(d) Viticulture (the cultivation or culture of grapes especially for wine making);
(e) Horticulture (growing fruits, vegetables, flowers, or ornamental plants - wildflowers may exceed 12 inches when growing, but shall be mowed to a maximum height of 12 inches after seeding);
(f) Silveculture (dealing with the development and care of forests);
(g) Current wildlife management;
(h) Current raising or keeping livestock or poultry.
(3) Regularly cultivated crops shall not be allowed to grow within the public road right-of-way of any public street or easement but shall be kept mowed. It shall be the duty of any person owning, claiming, occupying, or having supervision or control of any real property to cut and remove all weeds, brush, or other objectionable or unsightly matter as often as may be necessary; provided that the removing and cutting same at least once in every 30 days shall be deemed a compliance with this chapter; and to use every precaution to prevent the same growing on the premises to become a nuisance.
(E) Exceptions to height regulations. The height limitations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(F) Structures to have access. Every building erected or moved shall be on a lot with direct access on a public street, or with access to a municipally approved street. All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required on-site parking.
(G) Yard definitions. Yards as required in this chapter are open spaces on the lot on which a building is situated and which are open and unobstructed to the sky, except as herein provided.
(1) Front yard. A yard facing and abutting a street and extending across the full width of the front of the lot and having a minimum horizontal depth measured from the front property line equal to the depth of the minimum front yard specified for the district in which the lot is located. The required yard line represents the line in front of which no building or structure may be erected. Balconies, decks, and marquees located more than eight feet from the ground may project up to six feet into the required front yard.
(2) Rear yard. A yard extending across the full width of the lot between the side lot lines and having a minimum depth measured from the rear lot line as specified for the district in which the lot is located. There shall be no intrusion into the rear yard by stairways, balconies, or other building extensions to more than four feet.
(3) Side yard. A yard located on a lot extending from the required rear yard to the required front yard and having a minimum width measured from the side lot line as specified for the district in which the lot is located.
(H) Use of major recreational equipment.
(1) No recreational equipment shall be used for living, sleeping, or housekeeping purposes for more than:
(a) 21 days (consecutive or non-consecutive) in any 30-day period not to exceed a total of 63 days in a 12 month period.
(b) Recreational equipment must be parked or stored on a residential lot or in a location approved for such use.
(I) Parking and storage of certain vehicles. Automotive vehicles or trailers bearing license plates or state motor vehicle inspection stickers which are more than three months out of date shall not be parked or stored on any residentially designated property except in completely enclosed buildings or covered with protective cloth specifically made for that use.
(J) Parking of large vehicles. No vehicle larger than that of a two-ton capacity shall be parked upon any lot or premises in a residentially zoned district.
(K) District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, or when boundaries or districts are changed as a result of annexation of new territory or changes in the regulations or restrictions of this chapter, the foregoing provisions shall also apply to any nonconforming uses existing therein which may so become nonconforming.
(L) Off-street parking.
(1) Non-residential. Off-street parking must be provided for all nonresidential uses in accordance with the following schedule.
(a) Religious facility: one space for each four fixed seats in the sanctuary or auditorium, or one space for each 28 square feet in the sanctuary or auditorium if fixed seats are not provided.
(b) School (public or private):
1. One and one-half spaces for each kindergarten/elementary school classroom;
2. Three and one-half spaces for each junior high/middle school classroom; and
3. Nine and one-half spaces for each senior high school classroom.
(c) All other nonresidential uses: one space for each 200 square feet of floor area.
(2) Residential.
(a) Passenger vehicles may be parked anywhere behind the front facade of the house, or, if in front of the house, on the driveway, or the entire vehicle shall be within 15 feet of the centerline of the driveway.
(b) Recreational vehicles and equipment (including, but not limited to, recreational vehicles, motor homes, travel trailers, pickup campers, boats and boat trailers, horse or stock trailers, and similar equipment).
1. On lots of two acres or less, must be parked behind the front line of the house, on either an improved or unimproved surface.
2. On lots greater than two acres, may be parked or stored within 50 feet of the front building line of the house, so long as the RVs are not parked within 100 feet of the front property line.
(c) Industrial/commercial vehicles over a GVWR (gross vehicle weight rating) of 10,000 pounds must be parked behind the front line of the house, either on an improved or unimproved surface.
(d) Farm equipment.
1. On lots of two acres or less, must be parked behind the front line of the house, on either an improved or unimproved surface.
2. On lots greater than two acres, may be parked behind the frontline of the house, or up to 50 feet in front of the house, but not closer than 100 feet from the front building line, either on an improved or unimproved surface.
(e) Prohibited vehicles. Semi tractors and their trailers.
(M) Home occupation.
(1) No residential structure, and/or lot in any Parker zoning district, except SA -- Special Activities, may be used for business purposes, unless and except in cases meeting the strict wording of the home occupation definition.
(2) Use of a residential property for a home occupation is allowed only under the following conditions:
(a) There shall be not more than one employee who does not reside permanently at the residence. Staging or gathering of employees at the residence for work assignments away from the residence is not allowed.
(b) No signage is permitted for a home occupation (with the exception of state-approved/licensed vineyard).
(c) No raw materials, scrap, inventory, equipment, work in progress and/or finished goods may be visible from the street, or adjacent properties.
(d) No building alterations shall be allowed that will alter the residential design or use of the residence or the property.
(e) No toxic, explosive, flammable, combustible, corrosive, radioactive, or other hazardous materials shall be used or stored on the site for home occupation purposes, unless approved by the city Fire Marshal.
(f) All home occupations must comply with the city nuisance ordinance.
(g) No traffic shall be generated by a home occupation in greater volumes than normally expected for the zoning classification of that neighborhood.
(N) Accessory buildings. See definition.
(1) Accessory buildings shall be constructed of materials similar in appearance to the main dwelling or with any of the following exterior materials:
(a) Brick, pre-finished metal, wood siding or simulated wood, masonry products, Portland cement plaster, stucco or exposed aggregate concrete.
(b) Corrugated sheet metal siding and roofing are expressly prohibited.
(2) All construction of accessory buildings requires the issuance of a building permit by the city. All construction shall meet the building code requirements of the city.
(3) Accessory buildings shall be located according to the most restrictive of the following:
(a) In the rear portion of the lot, behind the rear building line of the main dwelling.
(b) If on a corner, no closer to a street than the main dwelling.
(c) In compliance with the setbacks requirement required by the zoning classification or final plat of the lot.
(4) Maximum height.
(a) The maximum height of an accessory building is measured from the peak of the roof of the accessory building to finished foundation elevation.
(b) The maximum height shall be 40 feet, or the height of the peak of the roof of the main dwelling, whichever is lower.
(c) The maximum height of a sidewall of an accessory building shall not exceed 20 feet.
(5) Additional requirements.
(a) The building area of an accessory building shall not exceed the lesser of 2,500 square feet or 3% of the lot area.
(b) The applicant shall submit a fully dimensioned site plan, showing the location and the dimensions of the accessory building, the property lines, easements and all structures within 100 feet of the property line. The sketch shall include a depiction of the size and location of all doors in the accessory building.
(c) Accessory buildings of any size used to shelter animals shall be at least 100 feet from the primary dwelling of adjacent residents on contiguous lots.
(d) No accessory building shall be closer to the front of the lot than the dwelling on an adjacent lot. This rule is waived if the residence on the adjacent lot is at least 200 feet from the proposed accessory building.
(e) Lots of less than two acres are limited to one accessory building. Lots greater than two acres are limited to one accessory building per acre. A variance is required for more than two accessory buildings per lot, or one accessory building larger than 2,500 square feet.
(6) Usage and occupancy. Accessory buildings shall not be used for accessory dwellings, unless converted in accordance with all provisions governing accessory dwellings.
(7) A greenhouse is an accessory building, but because of its function, building options are different from other accessory buildings. Greenhouses shall be used only for the purpose of growing plants. Greenhouses exceeding 120 square feet shall be constructed in accordance with the following requirements:
(a) The exterior of a greenhouse must be constructed of fiberglass, glass, carbonite, or other rigid material approved by the Building Inspection Department. Such materials will be mounted in frames of steel, aluminum, cedar, or treated wood, suitable for building purposes, and in accordance with the applicable building code.
(O) Accessory dwellings. See definition.
(1) Accessory dwelling regulations. Each single lot may have one accessory dwelling (either attached, or detached).
(2) Detached dwellings.
(a) No detached dwelling may be constructed on less than two acres.
(b) Detached dwellings must be designed, constructed, and used for single family use, not multi-family use.
(c) Detached dwellings may not be larger than 2,500 square feet of living space, or 25% of the living space of the primary residence, whichever area is less.
(d) Detached dwellings require a special use permit (SUP), with annual renewal.
1. Architectural design, features, and construction materials must match the primary dwelling.
2. The detached dwelling must meet all setback and side yard requirements.
3. Detached dwellings shall be located according to the most restrictive of the following:
a. In the rear portion of the lot, behind the rear building line of the main dwelling.
b. If on a corner, no closer to the street than the main dwelling.
c. In compliance with the setbacks requirement required by the zoning classification or final plat of the lot.
4. The ingress and egress to the detached dwelling by vehicle must be shown on the site plan, and any driveway must connect with the main residence driveway.
(3) Attached dwellings. Attached dwellings must meet all requirements set forth above for detached dwellings, and an attached dwelling must also comply with the following:
(a) The attached dwelling may be constructed on a lot of one acre or larger.
(b) The attached dwelling must be architecturally designed and constructed to be incorporated into the structure of the primary residence, connected by an enclosed walkway, or other means of attachment as approved in the SUP for the dwelling.
(c) The front of the attached dwelling must not be located a distance greater than 20 feet from the rear or side of the primary dwelling.
(4) General conditions for accessory dwellings.
(a) No accessory dwelling, either attached or detached, may be rented or leased to third parties by the owners or residents of the primary residence. The owners of the primary residence may not live in the accessory dwelling, and rent to third parties the primary residence.
(b) No portion of a garage, bonus room, cabana, accessory, or any other structure on the property may be used as a dwelling for any person other than the occupants of the primary residence, and their family members of the first or second degree of affinity or consanguinity, other than as a short term (no longer than one month) guest room.
(c) An attached or detached dwelling may be provided, without monetary charge, to domestic or agricultural workers providing services to the residents of the primary residence or for farm and livestock care on the property.
(d) There must be a fire hydrant within 450 feet of a detached dwelling, or an eight-inch water line must be laid.
(P) Storage units and construction containers.
(1) Temporary storage units and trash containers.
(a) No shipping containers, PODS, or trash containers may be located on residential lots for more than 30 days. A lot owner may apply to the city for a permit for a longer period of use. The City Administrator or his/her designee may issue a permit for an additional time period, not to exceed 60 days.
(b) Temporary storage units and trash containers must not be in the right-of-way or public easement.
(2) Construction storage and trash containers.
(a) Storage and trash containers, or other containers in use for a permitted construction project, must be removed within ten days of the project completion or issuance of a CO (certificate of occupancy).
(b) Construction storage units and trash containers must not be in the right-of-way or public easement.
(3) Non-temporary storage units.
(a) Shipping containers, PODS, railroad cars, or transportation storage equipment may not be located on a residential lot in a permanent manner.
(b) Storage sheds of less than 200 square feet of floor area are allowed on residential properties. Not more than one per acre will be allowed. The shed must be placed behind the rear building line of the principal dwelling, and, on a corner lot, no closer to the street than the main dwelling. Building setbacks do not apply to storage sheds described in this division (P)(3).
(4) Non-temporary trash containers. All non-temporary trash containers require an SUP, must be screened on all four sides, with access on one side, and must be out of the right-of-way and/or city easement.
(5) Portable toilets.
(a) Portable toilets are required for permitted construction projects, and must be removed within ten days of the project completion or CO.
(b) Portable toilets are allowed on a residential lot for special events of up to three days without a permit.
(c) Portable toilets are allowed on agricultural zoned lots (non-residential) without a permit, but not be placed within 100 feet of the property lines.
(Ord. 483, passed 6-6-2000; Am. Ord. 508, passed 7-10-2001; Am. Ord. 638, passed 2-17-2009; Am. Ord. 653, passed 3-16-2010; Am. Ord. 696, passed 5-21-2013; Am. Ord. 820, passed 8-2-2022) Penalty, see § 156.99