(A) Accessory buildings. Accessory buildings, regardless of the direction they face, may not project beyond the rear of the main building. Accessory structures under 200 square feet shall be anchored to a four-inch concrete slab, pier footings, or secured by some other means approved by the Development Services Director or his/her designee.
(B) Building projections; lateral. Eaves may extend into the front yard and rear yard setback area not to exceed a distance of two feet, but may not extend into a side yard setback area. Porches, covered porches, decks, platforms, or terraces not over three feet above the average level of the adjoining ground may extend eight feet into the required front yard. This exception shall not exceed any more than eight feet into any front yard setback established in the zoning district. Covered porches, decks, platforms, or terraces shall not be enclosed with any solid material, such as screening, siding, plywood, or other solid material normally used for outside wall covering. Any railing shall comply with the requirements of the adopted Building Code and shall be at least 50% open to the passage of air and light. Open or enclosed fire escapes, fireproof outside stairways, or balconies may not project more than five feet into a yard, nor more than three and one-half feet into a court.
(C) Buildings and structures; projections; vertical. In measuring height of buildings or structures for compliance with this chapter, the following parts of buildings or structures are not included, except where expressly otherwise provided; parapet walls not more than four feet high; chimneys, cooling towers, elevators, bulkheads, fire towers, grain elevators, penthouses stacks, stage towers or scenery lofts, sugar towers, ornamental tanks, radio or television towers, ornamental towers, monuments, cupolas, domes and spires, and necessary mechanical appurtenances; provided, such projections shall not be so placed as to obstruct light or ventilation.
(D) Covered patio or porch. A covered patio, porch, or similar accessory structure must comply with all yard area and space requirements applicable to an attached or detached accessory building, whichever is applicable. A front covered patio or porch shall not be enclosed. If a front covered patio or porch is enclosed, it shall no longer fall under this division (D) and shall be considered part of the building.
(E) Carport. A carport may be attached to the main residence. If the carport is open on two sides, it may be built to the interior property line. The interior lot line side of the carport shall not be enclosed. Stormwater runoff from the carport roof shall not drain onto adjoining property. There shall be an opening of a width of not less than 36 inches and of a height not less than that of a standard door to allow transportation between the front and back yards.
(F) Common area. Where a building adjoins an area held in common with other property owners in the immediate vicinity, the roof overhang of the building may encroach into the commonly held area provided that the minimum spacing between buildings as mandated by the applicable Fire Prevention Code is maintained.
(G) Corner lot; obstructions. No building or structure, or a part thereof, may be built on a corner lot in any R District, or residentially used lot or tract of land, within a triangular area bounded by the lot lines abutting two intersecting streets and a line connecting a point lying on each lot line 20 feet from the point of intersection of the lot lines. Shrubs within this area may not exceed three feet in height and trees therein must be trimmed to a height above the curb or established street grade of at least eight feet.
(H) Corner lot; side street. A building on a corner lot shall be set back from the side street not less than one-half of the distance required by this chapter for a front building setback. In Districts C-1, C-2, and C-3, no building or structure, or any part thereof, shall be constructed within a triangular area at the street corner of a lot or tract which has, as its sides, sides herein designated and described. Side A shall consist of a side that borders the lane of traffic approaching the intersection, and that is 15 feet in length. Side B shall consist of a side that borders the lane of traffic leaving the intersection and that is five feet in length. Side C shall be the hypotenuse.
(I) Decorative structures. A special permit may be issued to erect in a front setback area a decorative structure, exclusive of signs, which does not have a height in excess of three feet above the ground.
(J) Feedlots. New feedlots and the expansion of existing feedlots are not permitted within the city’s zoning jurisdiction.
(K) Hotels and motels; lot area. Lot area requirements for dwelling units apply to hotels and motels which provide kitchen facilities in any room, suite, or apartment.
(L) Lot dimensions; reduction. After the effective date of this chapter, no lot area, size, or other dimension may be reduced below the minimum lot area, size, or other dimension required by this chapter. If the area, size or other dimension is below such minimum requirements when this chapter becomes effective, it may not be reduced further.
(M) Particular streets; setbacks. All buildings and structures, except fences and signs, shall be set back from the following streets not less than the following distances:
(1) From east side of 1st Avenue between East 15th Street and East Overland: ten feet;
(2) From east side of 1st Avenue between East 19th and East 20th Streets: ten feet;
(3) From both sides of Broadway Avenue between the south city limits and West Overland Drive: 20 feet;
(4) From both sides of West 27th Street between Broadway Avenue and the west city limits: 20 feet; and
(5) From both sides of East Overland Drive between Railway Street and the east city limits: 20 feet. If setbacks required by other provisions of this chapter are greater than those specified in this section, the setback requirements of such other provisions shall govern.
(N) Railroad intersection. No building or other structure may be placed on a triangular tract of land which on one side abuts a public street that is intersected by a railroad track, on a second side abuts the railroad right-of-way, and the third boundary line which, extended, intersects the centerline of the nearest rail and the nearest right-of-way line of the street at points respectively, which are less than 50 feet distant from the point of intersection of such centerline of the nearest rail and such right-of-way line of the street extended.
(O) Rear yard; depth; area. In computing depth or area of a rear yard for a lot whose rear yard opens into an alley, one-half of the width of the alley is considered to be part of the yard.
(P) Semi-detached dwellings; bungalow court; setbacks. For purposes of the application of front, side, and rear yard setbacks, a semi-detached (two-family) dwelling or a bungalow court is considered to be one building occupying one lot.
(Q) Setbacks; front. Front yard setback requirements apply to that part of the yard abutting a front street whether the building on the lot fronts on the front or a side street. A building on a corner lot shall be set back form the side street not less than one-half the distance required by the chapter for a front building setback. In Districts C-1, C-2, and C-3, no building or structure, or any part thereof, shall be constructed within a triangular area at the street corner of a lot or tract which has, as its sides, sides herein designated and described. Side A shall consist of a side that borders the lane of traffic approaching the intersection and that is 15 feet in length. Side B shall consist of a side that borders the lane of traffic leaving the intersection and that is five feet in length. Side C shall be the hypotenuse. Accessory buildings, regardless of the direction they face, may not project beyond nor into any yard required by the chapter, nor may they be located in such yard.
(R) Setbacks; plat. If setbacks greater than required by this chapter are shown in a recorded plat of an addition or subdivision which has been approved by the City Council, compliance shall be had with the setbacks shown in the plat.
(S) Setbacks; quarter section lines. If a track abuts upon or is adjacent to a quarter section line on which no public street, alley, highway, road, or way has been established, the front and rear setback requirements for buildings and structures which are established elsewhere in this chapter shall apply to that part of the tract which so abuts or is so adjacent as if the quarter section line were the centerline of a platted street which is 100 feet in width, and as if the tract or, as the case may be, part of the tract fronted on such street.
(T) Subdivided lot; noncompliance; special permit. Anything in this article to the contrary notwithstanding, if the City Council shall have approved the subdivision of a lot (whether by approval of a final replat or approval of a subdivision without a plat) into two or more tracts on each of which there has existed since prior to June 10, 1974 one or more residence buildings, and after the subdivision one or more of such tracts or buildings shall not comply, because of such subdivision, with one or more other requirements of this article, the Planning Commission, upon an application made pursuant to Article 16 of this chapter and compliance with all other requirements of such article, may issue a special permit waiving such noncompliance with this article, subject to such conditions, if any, as the permit may prescribe.
(U) Swimming pool; location. A swimming pool or similar accessory structure may not be located in either a front or side yard setback area.
(V) Use of land and public utility. The use of land (exclusive of public streets and alleys) and buildings in any location for public utility (whether publicly or privately-owned) purposes which the Commission finds reasonably necessary for the public convenience and welfare. The permits authorized in divisions (C) and (D) above may not be granted for more than one year, but may be renewed for periods not exceeding one year each for written application made at least 30 days before the one period expires.
(W) Uses; illegal; existing. No use of any lot, tract of land, building, or structure which was illegal at the time this chapter was enacted is made legal by the enactment of this chapter unless the use conforms fully to the requirements of this chapter.
(X) Uses requiring special permit. The following uses which, in absence of a special permit granted by the Planning Commission, are not permitted in any zone or, as the case may be, if certain zones are permitted if the Planning Commission grants a special permit for the use:
(1) Accessory living quarters for persons employed in agricultural work on the land;
(2) Animal hospital or dog kennel;
(3) Slaughtering of animals or poultry;
(4) Outdoor amusement enterprises;
(5) Cemetery;
(6) A family child care home which is already permitted in a zone when providing care for more than 12 hours per day. Provided that any individual child may only be present for 12 hours or less per day but the family child care home may operate any time of the day or night after a special permit is approved;
(7) Drive-in theater;
(8) Golf course or driving range;
(9) Hospital, sanitarium, or chemical dependency rehabilitation facility;
(10) Livestock feeding or sale yard;
(11) Nuisance-producing agricultural use;
(12) Nursing home;
(13) Private club or social center;
(14) Sand or gravel pit or plant, borrow pit, stripping of top soil, or recycling concrete rubble and the retail sale of the resulting product;
(15) Private or parochial school or similar institution;
(16) Oil or gas well; and
(17) Facility providing temporary care for runaway or homeless minors. The term “runaway or homeless minors” includes, but is not limited to, minors of that description who are placed in the facility by order of a court or by other public agency.
(Y) Yard space; openness. Except as otherwise permitted in this article, the minimum required yard must be open above its lowest point to the sky. A yard or open space required for one building or structure may not be used to fulfill a yard or open space required for any other building or structure.
(Ord. 3951, passed - -2007; Ord. 3971, passed - -2008; Ord. 3985, passed - -2009; Ord. 4056, passed - -2011; Ord. 4208, passed - -2017)