The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or land or structure or land and particularly, except as hereinafter provided:
A. 
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, unless in conformity with all of the regulations herein specified for the district in which it is located.
B. 
No building or other structure shall hereafter be erected or altered to: exceed the height, accommodate or house a greater number of families, occupy a greater percentage of lot area, have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required or in any other manner contrary to the provisions of this chapter.
C. 
No part of a required yard or other open space or off-street parking or loading space for any building complying with this chapter shall also be included as part of a required yard, open space of off-street parking or loading space for any other adjacent building.
D. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
E. 
All territory which may hereafter be annexed to the City shall be placed in the R-1, Low-Density Residential District until the Planning Commission has made a thorough study of the newly annexed area, reported its recommendations to Council and Council has adopted a final zoning district classification. This study and report by the Planning Commission shall be made within three months of the time of annexation.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map,[1] the following rules shall apply:
A. 
Boundaries indicated as appearing to follow the center lines of streets, highways or alleys shall be construed to follow such center lines.
B. 
Boundaries indicated as appearing to follow platted lot lines shall be construed as following such lot lines.
C. 
Boundaries indicated as appearing to follow municipal limits shall be construed as following municipal limits.
D. 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E. 
Boundaries indicated as approximately following the center lines of streams, rivers or other bodies of water shall be construed to follow such center lines and in the event of change in the location of streams, rivers and other bodies of water, shall be construed as moving with the actual body of water and following the center line.
F. 
Boundaries not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.
A. 
The regulations of this chapter shall not apply to any existing or proposed structure or use or extension thereof, used or to be used by a public utility corporation, if upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the structure in question is reasonably necessary for the welfare of the public.
B. 
Any use involving as a principal part of the conduct of business, the use or servicing of motor vehicles, such as an automobile service station or sales area, community or major garage or parking area, distribution plant or a freighting or trucking terminal shall be so located that no vehicular entrance or exit shall be closer than 200 feet to an entrance or exit of any elementary or secondary or vocational school, playground, church or public library that is located on the same street or way. Similarly no entrance or exit to any elementary or secondary or vocational school, playground, church or public library shall be located closer than 200 feet to a vehicular entrance or exit of such a use as above noted.
C. 
The following structures or portions thereof may extend above the height limit of the district in which the same is located, provided that every portion of such structure above the height limit is at least as many feet distant from bordering or opposite properties as that portion of the structure is in height:
(1) 
Church towers and spires.
(2) 
Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building.
(3) 
Fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, wireless masts, water tanks, silos or similar structures.
D. 
On a lot extending through from one street to a parallel street, the rear yard depth shall be not less than, but need not exceed, the required depth of the front yard in the district in which such lot is located.
E. 
Minor utility fixtures and articles of decoration around a main building may be located in any required yard.
F. 
Where the recorded lots on a street frontage between two cross streets are at least one-half (1/2) developed prior to the passage of this chapter, future development of the street frontage may consider the average front yard dimension of the lots developed before the passage of this chapter as the required minimum front yard dimension.
G. 
A buttress, chimney, cornice, pier or pilaster, covering all together no more than one-fourth (1/4) of the wall surface in plan, may project no more than two feet from the wall of a building into a required yard. Balconies on second or third floor levels or outdoor access steps to basement areas may project no more than three feet into a required yard area, provided that such yard area is at least eight feet in width. Access areas to basements shall be surrounded on two sides by a railing at least two feet six inches above grade at any point.
H. 
A screening wall or fence, no more than six and one-half (6 1/2) feet in height, may be erected in any required side or rear yard or within the buildable area of a lot. A fence or wall no more than four feet in height may be erected in any required front yard or yard abutting a street except that when such fence or wall will clearly interfere with the sight distances of drivers on abutting streets or on driveways entering on to streets abutting a property where such fence or wall has been proposed, the Zoning and Code Management Officer shall modify the height requirements to assure that proper sight distances are maintained. A fence not exceeding 10 feet in height may be built in any required yard for schools, playgrounds or parks or in any required side or rear yard in commercial or industrial districts not abutting properties in any residential zone.
I. 
Public service lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications or railroad trackage and supporting members other than buildings shall not be required to be located on an individual zoning lot nor be held to reduce the required yard dimensions for other structures on a zoning lot.
J. 
Landscape features, such as trees, shrubs or flowers, soil cultivation, plants and plantings, shall be permitted in any required yard, provided that when in a corner front yard they do not constitute a hedge effect more than three and one-half (3 1/2) feet in height above the ground level adjacent thereto or that tree branches are not lower than eight feet above the ground within 25 feet of the street intersection. In the event that the streets approaching the intersection do so on grades that indicate planting permitted by this subsection would obscure vision of vehicles entering the intersection, the Zoning and Code Management Officer may, at his discretion, direct further modifications in planting to ensure vision unobstructed by planting within 25 feet of the intersection.
K. 
Open porches or patios or low retaining or decorative walls no more than two feet six inches above finished grade at any point around their periphery and adhering to the controls of this chapter relating to grading and drainage, may extend no closer than five feet to any side or rear yard property line and no closer than 10 feet to any front property line or street right-of-way line.
L. 
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes, unless the main building on the lot is also being used for dwelling purposes and all other requirements of this chapter are met.
M. 
Where a structure exists legally on a lot but is set back from an adjacent lot line less than the minimum distance required for the zone district containing the lot, the structure may be extended along the existing nonconforming setback line on the lot, provided that the extension does not exceed in length the existing wall establishing such setback line and, provided that all other requirements for development in the zone district are met.
N. 
No greater number of dwelling units may be permitted on a lot than stipulated for the zone district containing the lot. Where more than one dwelling unit is permitted, all the dwelling units shall be in the same building except in the case of a planned residential development or in the case of a dwelling unit or units existing or created in an accessory building on the lot, in which case the number of dwelling units in both the principal building and accessory building combined shall not exceed the maximum number permitted for the zone district containing the lot, and the lot shall not be divided to permit each building to occupy a separate lot unless each lot meets or exceeds the minimum requirements for lots in the zone district.
O. 
All new businesses, relocated businesses, home occupations, businesses which undergo a change in ownership, accessory structures and buildings or lots which undergo a change of use shall be required to obtain an occupancy permit for zoning compliance. In cases of new construction, the building permit and the occupancy permit for zoning compliance shall be issued simultaneously.
[Added 4-23-2015 by Ord. No. 1709]