1. Vision Clearance.
A. On corner lots, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two and one half and 10 feet above the centerline grades of the area described as follows: that area bounded by the street right-of-way lines of a corner lot and a straight line joining points on said right-of-way lines 25 feet each way from the point of intersection of said right-of-way lines.
2. Fences, Walls, and Hedges.
A. No fence, wall, or hedge shall be constructed without prior approval of a building permit in accordance with Section 165.21.
B. Fences, walls, and hedges shall be located so no part thereof is within five feet of a street right-of-way line or alley or within two feet of an adjoining property line. The setback can be waived if a common fence agreement is filed and recorded.
C. In any residential district, a fence, wall or hedge not exceeding four feet in height which is at least 65 percent open is permitted within the limits of front yards or street side yards.
D. In any residential district, fences, walls, and hedges not exceeding six feet in height are permitted within the limits of interior side and rear yards, with the exception of the rear yard of double frontage lots which is considered a front yard.
E. In any commercial or industrial district, fences, walls, and hedges not exceeding eight feet in height are permitted within the limits of interior side and rear yards, with the exception of the rear yard of double frontage lots which is considered a front yard.
F. Acceptable materials for fences in all yards shall include wrought iron and similar decorative steel, wood, vinyl, polymer, or other material approved by the Zoning Administrator. In rear and interior side yards only, chain link and vinyl-clad chain link are acceptable. Unacceptable materials shall include woven wire, barbed wire and electrical fencing.
G. No fences shall be placed in or across easements or in such a manner as to restrict drainage.
H. Temporary snow fences shall be permitted from November 1 through April 1 of each year without a permit.
I. Farm fences in the A-1 District are exempt from these requirements.
3. Street Frontage Required. Except as may be permitted herein, no lot shall contain any building used for single-family dwelling purposes unless the lot abuts for at least 40 feet on a public street, and no lot shall contain any building used for duplex or multiple-family dwelling purposes unless the lot abuts for at least 40 feet on a public street.
4. Sidewalks Required. In any zoning district, public sidewalks shall be constructed in conjunction with construction of a new principal structure, a remodeling project in an amount equal to or greater than 25 percent of the original building valuation, a building addition larger than 100 square feet in size, a new attached or detached garage, or any other accessory structure larger than 400 square feet in size. Said public sidewalks shall be constructed along all the frontage of all public streets, excluding alleys, with the inner edge of the sidewalk located one foot outside of the lot line. Public sidewalks running along public streets, including ramps at street crossings, shall be a minimum of four feet wide and shall be constructed of Portland cement concrete with at least three and one-half inches of depth. In any zoning district where there exists no connecting sidewalks, the City Council may defer the requirement for sidewalks in any commercial or industrial district provided the property owner signs an Agreement covering their responsibility to install such sidewalks upon written notification of the Zoning Administrator and waiving their right to object to an assessment should they fail to fulfill their obligation to install sidewalks; such Agreement shall run with the land.
5. Accessory Buildings and Structures. No accessory building shall be erected in any required yard other than an interior side or rear yard. Accessory buildings shall be a minimum of five feet from the principal building. Accessory buildings may be connected to the principal structure, or less than five feet from the principal structure provided all yard requirements for a principal building are complied with for the accessory structure. No accessory building shall be constructed upon a lot until the construction of the principal building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used.
6. Paved Driveway Required. In any zoning district, a paved driveway is required in conjunction with construction of a new principal structure, a remodeling project in an amount equal to or greater than 25 percent of the original building valuation, a building addition larger than 100 square feet in size, a new attached or detached garage, or any other accessory structure larger than 400 square feet in size. A paved driveway shall also be required if an existing gravel driveway or parking area is expanded by four feet in any direction.
A. Permit Required. Before any person shall construct a new driveway, expand the dimensions of an existing gravel or non-gravel driveway by more than four feet in any direction, or replace a gravel driveway with a paved driveway, a permit must first be obtained from City Hall and must meet all requirements herein.
B. For purposes of this subsection, a paved driveway consists of any kind of hard surfacing, including but not limited to Portland cement concrete, bituminous concrete, brick pavers, together with the necessary base. Paving does not include surfacing with oil, gravel, oil and gravel, sealcoat, or chloride.
C. Driveway shall be paved with acceptable materials having a depth of not less than four inches and shall be at least 10 feet wide.
D. No driveway shall be within 15 feet of any street intersection, measured from the property corner. No driveway shall be located closer than one foot from the property line. The driveway flare must remain within the limits of the property lines, extended to the curb, of the lot on which the driveway is constructed.
E. The driveway approach, defined as that portion of the driveway located within the right-of-way of the public street, shall be paved with Portland cement concrete or bituminous concrete and shall be designed to accommodate the crossing of a public sidewalk. A 30-inch wide section of the curb and gutter shall be saw-cut and removed and replaced with full depth pavement matching the existing street pavement unless otherwise approved by the Public Works Director.
7. Yards and Permitted Encroachments. Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building in a rear yard, and except for the permitted projections described below:
A. Encroachments permitted in all yards: ordinary projections of skylights, sills, belt courses, cornices, and ornamental features projecting no more than 12 inches into the required yard. Roofs of any principal structure may encroach 24 inches; however roofs of any accessory structure may encroach only 12 inches. Downspouts, roof drains, and splash pads may encroach into any yard, provided such appurtenances are setback a minimum of three feet from the property line.
B. Encroachments permitted in front yards and street side yards only: Steps and porches; all uncovered and unenclosed; provided such projections shall not extend more than 10 feet into said yard.
C. Encroachments permitted in interior side yards only: steps, porches, stoops, and terraces; all uncovered and unenclosed; and fireplace doghouses provided any such projection shall not extend more than two feet into said yard;
D. Encroachments permitted in rear yards only: steps, porches, balconies, decks, stoops, and terraces; all uncovered and unenclosed; provided a minimum setback of five feet is maintained from all property lines. Fireplace doghouses are permitted to extend no more than two feet into said yard.
8. Double Frontage Lots. Building on through lots extending through from street to street shall provide the required front yard on both streets.
9. Mixed-Use Yard Requirements. In instances where buildings are erected containing two or more uses housed vertically, the required side yards for the first floor use shall control.
10. Home Occupations.
A. Purpose. The regulations of this chapter dealing with home occupations are designed to protect and maintain the residential character of the neighborhood, while permitting certain limited commercial activities which have traditionally been carried out in a residential dwelling. The use of the dwelling unit for a home occupation shall be clearly incidental to and subordinate to its use for residential purposes by its occupants.
B. Definition of Home Occupation; Representative Activities. Permitted home occupations include, but are not limited to, the following lists of activities; provided, however, each permitted home occupation shall be subject to the limitations hereinafter set forth, and to all other regulations applicable to the district in which it is located:
(1) Facilities used by a physician, surgeon, dentist, lawyer, clergyman, or other professional person, for emergency consultation or treatment, but not for general practice.
(2) Providing instruction to no more than four students at a time.
(3) Daycare or babysitting of no more than five nonresident children.
(4) Home office for off-site retail sales such as Avon, Silpada, Longaberger, and similar merchandise.
(5) Home office and storage for internet sales operations provided all materials are stored inside a building.
(6) Studio of an artist, photographer, craftsman, writer or composer.
(7) Boarding house as defined herein.
(8) Millinery, dressmaking, tailoring, canning, laundering, and similar domestic service activities.
C. Limitation on Home Occupation Activities. Wherever home occupation activities are permitted, such activity may only be undertaken subject to the following limitations, unless otherwise specified:
(1) No more than one person who is not residing on the premises shall be employed in the activity on the premises.
(2) On-street parking for customers and employees of any home occupation shall be limited to the property owner’s own street frontage.
(3) The activity shall not involve any outside storage nor in any way create, outside the building, any external evidence of the operation.
(4) No alteration of a building shall be made which changes the character and appearance thereof as a residential building.
(5) No more than 50 percent of floor area of any floor of the principal building shall be devoted to the home occupation.
(6) No mechanical, electrical, or other equipment shall be used except of a type normally used on a residential premise.
(7) No activity shall be permitted which is noxious, offensive, or hazardous by reason of pedestrian or vehicular traffic, or by creation of noise, odor, refuse, heat vibration, smoke, radiation, or any other objectionable emissions, or by interference with televisions, or radio reception.
11. Building Lines on Approved Plats. Whenever the plat of a land subdivision approved by the Zoning Commission and on record in the office of the County Recorder shows a building setback line along any frontage for the purpose of creating a front yard, rear yard, or side yard, the setback line thus shown shall apply unless specific yard requirements in this chapter require a greater setback.
12. Open Space. The minimum total land area devoted to open space in the R-3, R-4, C-2, and C-3 zoning districts only shall not be less than 15 percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped areas, plazas, walks and ornamental structures, when part of the landscaping theme. Open space shall not include structures or buildings, off-street parking areas, loading areas and access drive.
13. Temporary Buildings. Temporary buildings, camping trailers, tents, portable or potentially portable structures shall not be used for dwelling purposes in any district. Camping trailers and RV's shall not be used for human occupancy in any district for more than 72 hours. Temporary buildings shall not be utilized for a period exceeding six months.
14. Lots of Record. Any lot of record prior to June 6, 1977, which is located in any residence district and which does not comply in area or minimum dimensions with the requirements of the district in which it is located may be used for a singlefamily structure, provided that all setback and other requirements of this chapter are complied with, and that the owner of such lot did not directly or indirectly have legal title to or enjoy the beneficial interest in the lot or lots contiguous thereto on the effective date of this chapter. No building permit shall be issued for construction on any substandard lot, which lot was of record prior to June 6, 1977, if said lot is adjacent and contiguous to another lot which at the time of the adoption of this chapter was in the same ownership or whose ownership had beneficial interest in said lot, unless said lots are combined into one lot meeting the requirements of the zoning district which is applicable.
15. Buildings on Partial Lots Prohibited. Construction of new buildings in any platted area within the City shall not be permitted upon building lots of less area than was originally platted where the division of lots occurs after June 6, 1977.
16. Manufactured or Modular Homes. Notwithstanding any other provision in this chapter, the plans and specifications of a proposed residential structure shall not be denied solely because the proposed structure is a manufactured or modular home. However, the manufactured or modular home shall be located and installed according to the same standards which would apply to a site-built single-family dwelling on the same lot. This would include, but not be limited to, a foundation system, setback, and minimum square footage.
17. Recreational Vehicles. Recreational vehicles, including tiny houses on wheels, shall not be used for human occupancy in any district for more than 72 hours. Recreational vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any lot other than in completely enclosed buildings.
18. Mechanical Units. In any residential district, air conditioning compressorcondensers or other mechanical units may be located in any interior side yard and in any rear yard. If located in any street side yard, they shall not be placed more than five feet from the principal structure and shall be screened from the street by a solid fence or plantings. In residential districts, a compressor-condenser with less than five ton capacity shall not be located within five feet of any lot line unless screened by solid fence or plantings. In all districts, the compressor-condenser for any unit of five ton capacity or more shall not be located within 25 feet of any lot line.