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§ 160.082 OFF-STREET LOADING REQUIREMENTS.
   (A)   All retail, commercial and industrial structures shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on a suitably screened lot adjacent to a private service drive.
   (B)   At least one-half of such loading spaces shall have a minimum dimension of ten feet by 40 feet and the remaining spaces shall have a minimum dimension of ten feet by 20 feet.
   (C)   Loading spaces shall be provided in accordance with the following schedule.
      (1)   For all retail, commercial and industrial uses.
 
Square Feet of Gross Floor Area in Structure
Minimum Required Spaces or Berths
0 to 10,000
None
10,000 to 50,000
1
50,000 to 100,000
2
100,000 to 200,000
3
Each additional 100,000
1 additional
 
      (2)   For all hotels, office buildings, restaurants and similar establishments.
 
Square Feet of Gross Floor Area in Structure
Minimum Required Spaces or Berths
0 to 50,000
None
50,000 to 150,000
1
150,000 to 300,000
2
300,000 to 500,000
3
500,000 to 1,000,000
4
Each additional 500,000
1 additional
 
   (D)   Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent to a residential use or district shall be designed and constructed so as to fully enclose the loading operation, in order to reduce the effects of the noise of the operation on adjacent residences.
   (E)   Where adjacent to residential uses or districts, off-street loading areas shall be screened from view of the residential use or district.
(1998 Code, App. A, § 40-57)
§ 160.083 ACCESSORY BUILDINGS.
   (A)   In any district zoned for residential uses, an accessory building may not be used for commercial purposes and may not be rented.
   (B)   An accessory building not exceeding one story in height may occupy not more than 60% of a minimum required rear yard.
   (C)   An accessory building exceeding one story or more in height may occupy not more than 40% of a minimum required rear yard.
   (D)   An accessory building in a district zoned for residential uses shall be located on the rear one-half of the lot and at least ten feet from any dwelling building existing or under construction on the same lot or any adjacent lot, except swimming pools, which may be located nearer than ten feet from any dwelling building existing as long as the excavation of the swimming pool does not in any way harm or endanger the existing building or dwelling. No accessory building shall be located nearer than five feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure. In the case of a corner lot, no accessory building shall be located within any side yard required on the street side. A garage, attached to or detached from the main building, may be located not nearer than five feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure. Metal shipping containers shall not be allowed in any district zoned for residential use. Districts zoned for residential use are A, A-1, A-2, B, C, C-1 and MH.
   (E)   Metal shipping container boxes are only allowed in zoning districts zoned F (Light Industry); F-1 (Outdoor Industrial); G (Water Front); H (Heavy Industry) and within construction site areas not to exceed 24 months. Container boxes allowed within the approved zoning districts shall be located within the rear one-half of the lot and/or must adhere to the established performance standards already prescribed for the above-referenced zoning districts (F, F-1, G and H).
(1998 Code, App. A, § 40-58) (Ord. 94-05, passed 4-20-1994; Ord. 07-26, passed 8-1-2007; Ord. 09-30, passed 10-21-2009)
§ 160.084 REQUIRED SCREENING.
   (A)   All multi-family development shall provide buffering on the subject property, from adjacent property which is zoned or used for lower density residential or non-residential uses if the adjacent property is zoned or used for such uses at the time of the multi-family development.
   (B)   All non-residential development, including planned developments, shall provide buffering on the subject property, from all adjacent land zoned or used for any residential purpose, if that land is zoned or used as such at the time of the non-residential development.
   (C)   The screening shall be continuously maintained and shall be either a solid masonry wall in accordance with adopted fence standards, which is a minimum six feet high, or the standard screening fence. Such screening shall be located on the subject property, adjacent to the common property line. If an alley is separating the uses, the required screening shall be located on the subject property side of the alley adjacent to the property line which is adjacent to the alley.
   (D)   The standard screening fence which is required for screening purposes, shall be constructed with the following standards.
      (1)   Said fence shall be a minimum of six feet in height.
      (2)   All wood materials shall be naturally decay resistant or pressure treated exterior grade, such as redwood or cedar, or other materials acceptable to the City Commission.
      (3)   All nails or fasteners shall be of non-rusting, non-corrosive metal, such as hot-dipped galvanized steel. All nails or fasteners shall be of the type (screw-shank, ring-shank or divergent-point staples) that, when properly driven, will not work free due to wind, vibration or shrinkage of members. The maximum spacing allowed between pickets shall be one-quarter inch.
      (4)   All materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical posts, top rail, to ensure an ongoing attractive appearance and safe condition, free form rust, rot, vandalism and other sources of decay.
   (E)   Outside storage of wrecked, inoperable vehicles and equipment shall be screened by a minimum six-foot masonry wall or standard screening fence. Materials stored, excluding trucks and machinery, shall be stacked no higher than one foot below the top of the fence or wall.
   (F)   An exception to the screening fence requirement may be granted by the City Commission. Any property owner who appeared at a zoning public hearing wherein a specific screening fence requirement was imposed on a subject property under consideration will be notified of the proposed exception and date of the administrative report of said property if request for an exception of the screening fence is submitted. One or more of the following conditions must be present or apply for consideration of an exception:
      (1)   Topographical variations that would preclude a normal installation, or act as a screening mechanism. A topographical variation may serve as a screening device if the zoning district requiring the screening fence is separated from the adjoining use by a 30% slope or greater, as long as the elevation between the two uses is at least six feet, (property requiring the screening fence is at the higher elevation);
      (2)   Dense vegetation that presently exists onsite, which serves the same purpose as a screening fence. Vegetation will serve as a screening device if it is a minimum of six feet in height and the density obstructs the view; and
      (3)   The fence will impede proper drainage.
(1998 Code, App. A, § 40-59) (Ord. 97-26, passed 1-21-1998; Ord. 08-48, passed 12-3-2008)
§ 160.085 CORNER LOTS.
   Unless a greater side yard is required by zoning district regulations, on corner lots, the side yard on the street shall be the same as the requirement for the front, except on corner lots adjacent to a segment of side street upon which no property fronts, said segment being defined as that portion of a street between one street intersection and the next, the minimum side yard shall be 20 feet or the same as the depth of front building setback, whichever is less. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of passage of this chapter to less than 20 feet.
(1998 Code, App. A, § 40-60)
§ 160.086 PROJECTIONS INTO REQUIRED YARDS.
   Certain architectural features, fences, walls and hedges may project into, or be located in, required yards as follows:
   (A)   Cornices, eaves and sills not more than two feet into any required yard;
   (B)   Balconies, bay windows and chimneys not more than three feet into front yards, or two feet into side and rear yards;
   (C)   Patios and open decks may be located in side yards and rear yards; provided that, they are not closer than three feet to any adjacent property line. In the case of a corner lot, patios or decks shall be subject to the regular street side yard requirements of the district;
   (D)   Upon approval of the Building Official, open sided carports may be located in front yards (or, in the case of a corner lot, in the side yard); provided that, they are not closer than five feet to any front property line, and do not exceed the eave height of the existing dwelling;
   (E)   An open fire escape not more than four feet into rear yards; provided that, such structure does not obstruct ventilation or light;
   (F)   Any fence, wall, hedge, shrubbery and the like, no higher than a baseline extending from a point two and one-half feet above front walk grade to a point six feet above walk grade at the depth of the front yard, single trees having single trunks which are pruned to a height of seven feet above walk grade. Corner lots where the side yard on the street side is required to be the same as the front yard, shall also observe front yard regulations with regard to fences, walls, hedges, shrubbery and the like on the side street except that the City Commission may, by special ordinance, permit the construction of a fence not to exceed eight feet in height, which does not project more than five feet into the required side yard setback area;
   (G)   No object, or combination of objects, including, but not limited to, any structure, fence, wall, screen hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier shall be erected, placed, planted or maintained on any corner lot in such a manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent thereto. The natural existing terrain shall be excluded from the objects otherwise prohibited by this division (G). And said object, or combination of objects, erected, placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet above the top of the adjacent roadway curb and eight feet above the top of the adjacent street curb, or if there is not a curb, then from the average street grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines, the right-of-way lines and a point on each such right-of-way line 35 feet from the intersection, shall be prima facie evidence that said object, or combination of objects, so erected, placed, planted or maintained is an obstruction constituting a traffic hazard. The triangular area of visibility as provided herein is further described and depicted by the drawing at the end of this section; and/or
   (H)   Any object or combination of objects, placed, planted or maintained in violation of this division (H), shall be removed upon written notice by certified mail from the Building Official of the city, or his or her representative, to the owner, agent or occupant of the premises where such obstruction has been erected, placed, planted or maintained. Failure of the owner, agent or occupant to remove such an obstruction within ten days after receipt of such notice shall constitute a violation of this chapter.
(1998 Code, App. A, § 40-61) (Ord. 00-54, passed 9-6-2000; Ord. 02-01, passed 2-6-2002)
§ 160.087 ALTERNATIVE STANDARDS.
   (A)   Where this chapter authorizes approval by the Planning Board of alternatives to the required exterior brick, stone or masonry material; such consideration shall be conducted in a public hearing; however, legal notification shall not be required.
   (B)   In consideration of a request for alternative materials, it shall be the responsibility of the applicant to demonstrate the following:
      (1)   The application represents a superior result than that which could be achieved by strictly following the requirements of this section;
      (2)   The application identifies a unique architectural theme for a master planned subdivision; or
      (3)   The application is based upon building constraints related to elevated structures and flood protection.
   (C)   An application based upon economic relief or economic hardship shall not be considered as a basis for approval of alternative standards.
   (D)   A denial of the application by the Building Official may be appealed to the Board of Adjustments if the appeal is filed consistent with § 160.110 of this chapter.
(1998 Code, App. A, § 40-62) (Ord. 06-42, passed 12-6-2006)
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