A. Boundary Lines: All streets, alleys and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets or railroad rights of way. Where the centerline of a street or alley serves as a district boundary, the zoning of such street or alley to the centerline, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property.
B. Permitted Uses: No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.
1. All permitted uses requiring a building permit shall be subject to an administrative Site Plan Review with the following exceptions:
a. Residential dwellings of less than four (4) units on a conforming lot. This does not include substandard original lots of record that are further regulated in Section 9-4-6; and
b. Expansion of a commercial or industrial building which increases building size by less than two thousand (2,000) square feet where the finished structure will be permitted outright. This exemption does not apply to subsequent expansions.
2. Site Plan Review Requirements:
a. Notice. A development of four (4) or more dwelling units shall require to adjoining landowners. The notice shall provide at least fifteen (15) days for comments on the application.
b. Expiration. A Site Plan shall be valid for one year from the date of approval. If no building permit for construction of the approved structure(s), has been issued within one (1) year, the site plan approval will expire. An extension of up to one (1) year may be applied for and approved for good cause by City staff. The application for extension must be provided to city staff prior to the one (1) year expiration of the site plan. If the site plan does not proceed within the one-year timeframe or the extension timeline, if applicable, it shall be considered null and void and a new site plan application shall be required.
Good cause shall include on-going activity related to the site plan including environmental remediation, corresponding land use action, or similar reasons.
c. Submittal. Submittals for an administrative site plan review are the same as required by Section 9-9-6-3 a through g.
d. Appeal. Any interested party may appeal to the planning commission from a site plan review or design review determination. An appeal shall be submitted in writing within fifteen (15) days after the determination and shall list each issue for appeal with specificity. The planning commission shall only consider issues properly appealed and shall exclude issues which are subject to a different appellate procedure, e.g., the local land use planning act, or which are not eligible for modification or waiver, such as items contained in a development agreement.
Nothing in this provision shall preclude the planning director from referring issues regarding a proposal to the planning commission for the benefit of its advice.
E. Open Space: The minimum yards or other open spaces, including lot areas per family required by this title for each and every building existing or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.
F. One Building Per Lot: Every building hereafter erected or structurally altered to provide dwelling units shall be located on a "lot" as herein defined and in no case shall there be more than one such building on one lot unless otherwise provided in this title.
G. Public Access: 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 twenty five feet (25') unless an easement of lesser width was on record prior to the effective date hereof. The public works director may require additional easement to provide for pedestrian access.
H. Construction Started Prior To Effective Date Hereof: Nothing in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date hereof and upon which building actual construction has been diligently carried on; and, provided further, that such building shall be completed within one year.
I. Annexation: Any area annexed to the city shall, upon such annexation, be automatically classified "unzoned" until otherwise zoned. (Ord. 1263, 12-29-2011)
J. Visibility: No wall, fence or shrubbery shall unreasonably obstruct or interfere with traffic visibility. A fence or wall shall be placed no closer than one foot (1') to the current or future sidewalk location. Earth mounding or any other similar method shall not be used to raise fence height, unless the fence is adjacent to an arterial, state highway, or industrial or commercial property.
1. On all nonindustrial zoned lots:
a. In the required front yard setback, fences and walls shall be allowed to a maximum height of four feet (4').
b. In side and rear yards, fences and walls shall be allowed to a maximum height of seven feet (7').
c. Within residential zones, fences over four feet (4') shall not be allowed in front of the primary facade, regardless of setback.
2. On nonindustrial zoned corner lots:
a. In the required front yard setback, fences and walls shall be allowed to a maximum height of four feet (4').
b. On street facing side yards, fences and walls shall be limited to maximum height of four feet (4') for a depth of not less than twenty feet (20'). Fences beyond the required front yard depth shall maintain the one foot (1') setback, but shall be allowed to the seven foot (7') maximum rear yard height.
c. Clear vision triangle shall be maintained.
3. On double frontage lots:
a. In cases where a lot extends the full depth of a block between two (2) parallel streets, fences shall maintain the one foot (1') setback along the street bordering the rear yard but may be allowed to the rear yard height of seven feet (7'). (Ord. 1336, 11-2-2016; amd. Ord. 1413, 12-20-2023)