The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the district use and area regulations appearing elsewhere in this title:
(A) Fire Escapes: Open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, projecting into a rear yard not more than five feet (5'), are permitted.
(B) Required Yard Space: Each part of a required yard shall be open to the sky, unobstructed by other buildings or structures; however, a stoop may extend not more than eight feet (8') into the required front yard. A paved terrace may project into a front yard for a distance not exceeding ten feet (10'). Only the front wall of the building shall support such stoop or terrace.
(C) Converted Single-Family Dwellings: All single-family dwellings converted to multiple-family dwellings must conform to the following:
1. No existing single-family dwelling may be so converted if it contains less than one thousand (1,000) square feet of livable floor area per individual household.
2. No dwelling unit shall contain less than five hundred (500) square feet of livable floor area per individual household.
(D) Setback Lines: Where a uniform setback line has been established or observed on one side of a street, no building shall be erected or structurally altered beyond such setback line.
(E) Front Yard Exceptions: In areas where some lots are developed with a front yard that is less than a minimum required for the district by this title or where some lots have been developed with a front yard greater than required by this title, the following rule shall apply: Any new building or addition in front thereof shall not be closer to the street right of way than the average of the front yard of the first building on each side within a distance of two hundred feet (200') measured from building to building, except as follows:
1. Buildings located entirely on the rear half of a lot shall not be counted.
2. If no building exists on one side of a lot within two hundred feet (200') of the lot in question, the minimum front yard shall be the same as the building on the other side.
(F) Through Lots: At each end of a through lot, there shall be a front yard of the depth required by this title for the district in which each street frontage is located, with the following exceptions:
1. Only one front yard need be provided on those through lots which abut on an expressway or major arterial as shown on the circulation element of the general plan or when the rights to vehicular ingress and egress to one of the streets has been abandoned or prohibited.
2. When only one front yard is required on a through lot as provided herein, a rear yard shall replace the normally required second front yard.
(G) Structures Permitted Above Height Limit: The building height limitations of this title shall be modified as follows:
1. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, bell towers, penthouses, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio or television towers or necessary mechanical appurtenances, may be erected to a height above that allowed in the district in which they are located, if approved by the city council.
2. Public, semipublic or public service buildings, hospitals, sanitariums, schools or churches, when permitted in a district, may be erected to a height exceeding the height allowed in the district where they are located if approved by the city council.
(H) Temporary Buildings: Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work may only be permitted for a period of one year through the application and approval of a special use permit.
(I) Parking And Storage Of Certain Vehicles: Not more than two (2) inoperable and unregistered vehicles of any kind or type, excluding farm implements, shall be parked or stored on any agricultural or residential property other than in a completely enclosed building or carport, behind a sight obscuring enclosure or fence or a legally licensed junkyard.
(J) Animal Clinic, Animal Hospital, Veterinary Office and Kennel: Will be located at least three hundred feet (300') from any residence including motels and hotels, except for an owner’s residence. The city may modify these requirements if the animals are housed in soundproof structures that screen them from view of the abutting residential property.
(K) Meatpacking, Processing Plant And Slaughterhouse Facilities:
1. Will be located not less than one thousand (1000) feet from any residence, except for an owner's residence.
2. Will be designed and located with full consideration to their proximity to adjacent uses, their effect upon adjacent and surrounding properties, and to the reduction of such nuisance factors as odor and noise.
3. Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the Health Authority requirements as to the elimination of waste materials and the maintenance of water quality control.
(L) Bulk Storage Of Flammable Liquids And Gases Or Corrosive Materials, Aboveground And For Resale:
1. Will be located at least three hundred feet (300') from a residence, motel or hotel, except for an owner's residence.
2. Will be erected with the written approval of the fire authority having jurisdiction.
3. Will have suitable loading and unloading spaces and off street parking facilities meeting the approval of the fire authority.
(M) Chemicals, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved in writing by the fire authority having jurisdiction.
(N) Contractor's Yard:
1. Will be located a minimum distance of three hundred feet (300') from any residence, except for an owner's residence.
2. Will have a vision screening fence around areas utilized for storage equipment and demolition material.
(O) Drive-In Restaurant:
1. Will be enclosed within the property lines with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties.
2. Will have a six foot (6') high sight obscuring fence along the property lines that adjoin a residence.
3. Will provide for adequate trash receptacles.
4. Will avoid the direction of night lighting off the property lines.
(P) Filling, Grading, Lagooning, Dredging, Or Other Earthmoving Activities:
1. Will take place in such a manner as to result in the smallest amount of bare ground exposed for the shortest time feasible.
2. Will provide temporary ground cover, such as mulch.
3. Will use diversions, silting basins, terraces and other methods to trap sediment.
4. Will provide lagooning in such a manner as to avoid creation of fish trap conditions.
5. Will not result in damage to a floodway, channel or natural drainageway.
6. Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure.
7. Will not have below grade excavation, except for drainageways within fifty feet (50') of any lot line or public right of way.
8. Will restore topsoil or loam to a depth of not less than four inches (4").
(Q) Gravel Pits, Rock Quarries, Sand And Clay Pits And Other Natural Resources Of Commercial Value:
1. A valid permit and license to develop shall be obtained from the proper state and federal agencies and a copy of an approved reclamation plan shall be filed with the city and all other appropriate agencies.
2. The extent and method of rehabilitation shall be determined in advance of issuing a special use permit with due consideration given to what is suitable and compatible with the surrounding area.
3. Upon depletion of the area, all temporary buildings and structures, except property line fences and structures for the loading, measuring, or weighing of salable material in storage, shall be entirely removed from the property.
4. Safety fencing shall be erected around all pits that create a safety hazard.
(R) Home Occupations:
1. No more than one person other than members of the family residing on the premises shall be engaged in such occupation.
2. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than fifty percent (50%) of the floor area of the dwelling unit shall be used in the conducting of the home occupation.
3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding twelve (12) square feet in area, indirectly illuminated and mounted flat against the wall of the principal building.
4. No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in this title and shall not be located in a required front yard.
5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
(S) Outdoor Storage Of Commercial And Industrial Materials:
1. Will be screened from view from any existing adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street.
2. Will not be located in any front yard setback area.
(T) Wrecking Yard And Junkyard:
1. A sight obscuring enclosure meeting the terms of this title shall be constructed parallel to and ten feet (10') back of the right of way line of any public street or highway for any auto wrecking yard and salvage yard. Said fence shall be constructed along the entire premises devoted to such auto wrecking or salvage yard, and shall be constructed within one year from the effective date hereof.
2. Materials used and details of construction must be approved by the planning commission. The decision of the planning commission shall be guided by the need to preserve and protect the scenic and aesthetic values of the surrounding area and to protect property value.
3. Will not store automobile, junk or salvage material that is visible from any other property.
4. Will not store automobile or junk in a manner that exceeds the height of the fence.
5. Will have such landscaping that is appropriate with the surrounding area.
(U) Landfill, Incinerators, Compost Operators, And Other Solid Waste Disposal Facilities: The planning commission may grant a special use permit for the construction of a landfill, recycling center, incinerator, commercial composting operation, liquid waste land farm, or any other type of solid waste disposal or recycling operation subject to the following conditions:
1. No such permit shall be granted in the residential zone.
2. Such operations shall obtain a permit from the city council.
3. Such operations shall be required to establish to the city council's satisfaction that they intend to and are financially capable of complying with all state, federal and local laws, ordinances and regulations governing the conduct of such operations.
4. Such operations shall be required to plan for, install and maintain such safeguards and measures as the city council shall require to ensure that groundwater quality and air quality are preserved and environmental hazards and nuisances and unsightly areas are not created by the operation.
5. Such operations that involve the landfilling of solid waste shall be required to install a composite liner system and a leachate collection system. (Ord. 431, 10-24-2002; amd. Ord. 492, 4-16-2009)