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(a) When the use of a building is nonconforming as defined by this chapter and that building is damaged by a fire, explosion, act of God or the public enemy to the extent of more than 60% of its fair market value, it shall not be restored except in conformity with the provisions of the district in which the building is located or in conformance with the provisions of § 160.672. (Exception through the board of adjustment here.)
(b) Exception: Single-family dwellings may be restored if damaged less than 100%.
(1992 Code, App. B, § 15.47.060) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 93-90, passed 10-1-1990; Ord. 9-13, passed 3-19-2013)
In the event that a nonconforming use is discontinued for more than one year, the city council may adopt, after notice by certified mail to the property owners, an amortization schedule to bring about the gradual elimination of the nonconforming use.
(1992 Code, App. B, § 15.47.070) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)
Nothing in this subchapter shall be interpreted as authorization for, or approval of, the continuance of the use of a premises in violation of zoning regulations in effect immediately prior to the effective date of this chapter.
(1992 Code, App. B, § 15.47.080) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 9-13, passed 3-19-2013)
(a) Nonstandard uses existing immediately prior to the effective date of this chapter may be continued, although the uses do not conform to the provisions hereof.
(b) Nonstandard buildings or structures may be enlarged or extended, converted, reconstructed or structurally altered as follows:
(2) Structural alterations of buildings or structures may otherwise be made if the changes do not encroach into an existing front yard, side yard or rear yard which is less than the minimum required yard for the district in which they are located except as allowed by § 160.508 (setback averaging).
(3) Enlargement, extension, conversion of buildings or structures may otherwise be made if the changes comply with the minimum required yards, lot area, height, landscaping, parking and density for the district in which they are located.
(1992 Code, App. B, § 15.47.090) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 9-13, passed 3-19-2013)
FENCES
Regulations regarding fences shall be as follows.
(a) Purpose. The regulation of fences is intended to protect the public safety and welfare while maintaining the integrity of the community; providing privacy; buffering noise; and allowing adequate air, light and vision.
(b) Permit required. Fence permits shall be required to construct fences.
(c) Front yard. Fences not more than four feet in height may be located on any part of the lot except that a fence may not be more than 30% solid where it is located within 30 feet of a street intersection, measuring along the property lines and connecting these two points by a straight line.
(d) Side and rear yards. Fences not more than six feet in height may be erected within any side or rear yard.
(e) Double frontage and corner lots. On double frontage and corner lots for DD and AD forms, fences not more than six feet in height may be placed in a required front yard abutting an arterial or collector street where:
(1) The required front yard abutting an arterial or collector street is not used as the front yard and it does not have direct access onto the street.
(2) The six-foot fence is set back a minimum of ten feet from the property line abutting the arterial or collector street.
(3) The five-foot fence is set back a minimum of five feet from the property line abutting the arterial or collector street.
(4) Segments of the six-foot fence in the front yard adjacent to the arterial or collector street meet one of the following conditions:
A. Staggered: Fence sections shall be varied along the alignment by at least one-third of the length of the fence or fence section (as applicable) by a minimum of ten feet.
B. Columned: Masonry columns with a minimum cross section of 16 inches by 16 inches placed at a maximum interval of 24 feet on-center along the length of the fence. Additional columns shall also be required at all fence corners and turning points and at all fence termination points.
C. Capped: Upgraded wood fences, including exposed wood posts, top caps, and trim boards, are allowed as long as they meet all design standards as specified within Figure 160.480(e)(4)(C).
D. Decorative metal: Wrought iron material may be used.
(5) Intersection vision clearance area is maintained.
(f) The maximum fence height for chain-link or any other fence around golf courses, public swimming pools, school track and field areas, parks and ball parks shall be ten feet excluding backstops which may be higher. Fences associated with these uses shall not be more than 30% solid.
(g) The maximum fence height for chain-link or any other fence around tennis courts shall be 12 feet and shall not be more than 30% solid, excluding wind fabric screens.
(h) In any NF, BCF, RE, MU1, MU2, MU3, WM, UT, and OPEN zoning forms, the fences shall not be more than eight feet in height and may be located on any part of a lot other than the required front yard setback, except when the lot is adjacent to a residential use.
(i) The Director of Planning and Development Services or designee may allow fences not more than six feet in height to be erected on any part of a lot for properties listed on the National Register of Historic Places or within a designated historic district, subject to the following criteria:
(1) Written request to the director which includes a site plan and fence diagram depicting the fence location, design, and materials.
(2) The fence shall be of a traditional design which is typical of the historic property's or district's period of significance and compatible with the property.
(3) The fence shall be not more than 30% solid.
(j) Decorative features. In all districts, decorative features such as individual posts, brick or stone columns, and similar features constructed as part of a fence or wall shall be allowed to exceed the maximum fence height by no more than six inches. Decorative features shall not be counted towards the open space percentage of the fence. Pedestrian entry features which only include arbors, arched entries, trellises, architectural green screens, arcades, or finials may exceed the maximum allowable fence height in any yard subject to design review and approval of the director of planning and building services.
(k) Permits for barbed/razor wire are prohibited when the parcel is abutting a residentially used or zoned property.
(l) A fence post must be secured below ground level in all residential zoning districts.
(1992 Code, App. B, § 15.49.010) (Ord. 42-83, passed 6-27-1983; Ord. 79-91, passed 10-21-1991; Ord. 58-93, passed 4-19-1993; Ord. 20-94, passed 3-7-1994; Ord. 96-97, passed 12-15-1997; Ord. 9-13, passed 3-19-2013; Ord. 114-22, passed 10-4-2022; Ord. 30-23, passed 5-2-2023; Ord. 92- 24, passed 10-16-2024)
LANDSCAPE AND BUFFER YARD STANDARDS
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