A.
Principal use to be present. An accessory use or structure in any
zoning district shall not be established prior to the principal use
or structure being present or under construction. Any accessory use
or structure shall conform to the applicable regulations of the district
in which it is located, except as specifically otherwise provided.
B.
Placement restrictions — Residential District. An accessory
use or structure in a residential district may be established subject
to the following regulations:
(1)
Accessory building number limits. In any residential district,
in addition to the principal building, a detached garage or attached
garage and one additional accessory building may be placed on a lot.
(2)
Attached accessory building limits. No attached accessory building
or structure shall exceed the height of the principal building or
structure. All accessory buildings which are attached to the principal
building shall comply with the yard requirements of the principal
building.
(3)
Detached accessory buildings. No detached accessory building
(non-garages) shall occupy any portion of the required front yard,
and no detached accessory building shall occupy more than 40% of the
required rear yard (whichever is more restrictive), or be located
within eight feet of the rear or side lot line or within five feet
of an alley.
[Amended 8-5-2020 by Ord.
No. 06-2020]
(4)
Attached garages. Attached garages shall comply with the dimensional
requirements of the zoning district in which located. Attached garages
shall comply with the setback requirements applicable for principal
structures on the lot.
(5)
Detached garages. Detached garages are permitted in the rear
yard and side yards only. They shall not exceed the area requirements
found in the standards for each zoning district, and the roof pitch
shall not exceed the steepest pitch of the principal structure. The
total lot coverage shall not exceed the total allowed as set forth
in the zoning district where the garage will be located. Total lot
coverage shall include all buildings located on the lot. Detached
garages shall not be located nearer than eight feet to a rear or side
yard or within five feet of an alley.
[Amended 8-5-2020 by Ord.
No. 06-2020]
C.
Use restrictions in residential districts. Accessory uses or structures
in residential districts shall not involve the conduct of any business,
trade or industry except for home occupations as defined herein and
shall not be occupied as a dwelling unit.
D.
Placement restrictions in nonresidential districts. An accessory
use or structure in a business or industrial district may be established
in the rear yard or side yard only and shall not be nearer than five
feet to any side or rear lot line, be within five feet of an alley,
or exceed 35 feet in height.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Reversed corner lots. When an accessory structure is located on the
rear of a reversed corner lot, it shall not be located beyond the
front yard required on the adjacent interior lot to the rear, nor
nearer than three feet to the side line of the adjacent structure.
F.
Landscaping and decorative uses. Accessory structures and vegetation
used for landscaping and decorating may be placed in any required
yard area. Permitted structures and vegetation include flag poles,
ornamental light standards, lawn furniture, sun dials, bird baths,
trees, shrubs and flowers and gardens.
G.
Temporary uses. Temporary accessory uses such as real estate sale
field offices or shelters for materials and equipment being used in
the construction of the permanent structure may be permitted by the
Zoning Administrator.
H.
Garages in embankments in front yards. Where the mean natural grade
of a front yard is more than eight feet above the curb level, a private
garage may be erected within the front yard, provided as follows:
(1)
That such private garage shall be located not less than five
feet from the front lot line;
(2)
That the floor level of such private garage shall be not more
than one foot above the curb level; and
(3)
That at least 1/2 the height of such private garage shall be
below the mean grade of the front yard.
I.
Outdoor lighting. Outdoor residential lighting installations shall
not be permitted closer than three feet to an abutting property line
and, where not specifically otherwise regulated, shall not exceed
15 feet in height and shall be adequately shielded or hooded so that
no excessive glare or illumination is cast upon the adjoining properties.
J.
Lawn accessories. Walks, drives, paved terraces and purely decorative
garden accessories, such as pools, fountains, statuary, flag poles,
etc., shall be permitted in setback areas but not closer than three
feet to an abutting property line other than a street line.
K.
Retaining walls. Retaining walls may be permitted anywhere on the
lot; provided, however, that no individual wall shall exceed three
feet in height, and a terrace of at least three feet in width shall
be provided between any series of such walls and provided further
that along a street frontage no such wall shall be closer than three
feet to the property line.
L.
Agricultural structures. Agricultural structures such as barns and
silos shall not exceed in height twice their distance from the nearest
lot line.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
No person shall store firewood in the front yard on residentially
zoned property, except that firewood may be temporarily stored in
the front yard for a period of 30 days from the date of its delivery.
B.
Firewood should be neatly stacked and may be stacked not closer than
two feet to any lot line and not higher than six feet from grade,
except adjacent to a fence where firewood can be stacked against the
fence as high as the fence. "Fence" as used in this section shall
not include hedges and other vegetation.
C.
All brush, debris and refuse from processing of firewood shall be
promptly and properly disposed of within 15 days and shall not be
allowed to remain on the premises.
D.
Woodpiles that contain diseased wood that is capable of transmitting
disease to healthy trees and woodpiles that harbor or are infested
or inhabited by rats or other vermin are public nuisances and may
be abated pursuant to the provisions of this Code of Ordinances.[1]
E.
Not more than 20% of the side and rear yard may be used for storage
of firewood at any one time.
[Amended 6-1-2016 by Ord.
No. 2-2016; 8-7-2019 by Ord. No. 19-2019]
A.
Permit required.
(1)
No person shall construct a fence in the City without first
obtaining a permit from the Zoning Administrator.
(2)
Application fee. Application for a permit shall be filed with
the Building Inspector on a form supplied by the Administrator, together
with a sketch of the proposed fence and the payment of the required
fee as provided by the Schedule of Fees and modified from time to
time. A penalty of 100% of the fee shall be added to the fence permit
fee if work is started before a valid fence permit is issued.
(3)
Application. The Zoning Administrator shall inspect the site
of each proposed fence and shall consider whether the proposed fence
will substantially interfere with the view, light or free flow of
air. The Zoning Administrator shall then grant the permit or submit
his or her report to the City Council.
B.
Location.
(1)
Fences and walls in front yard. On any corner lot, no fence,
wall or shrub shall be within the vision triangle for such corner.
Fences, walls or shrub plantings shall not be erected on any lot within
10 feet of the front property line in such a manner as to interfere
with traffic visibility from a driveway. In no case shall a fence,
wall or planting in a residential area exceed 3 1/2 feet in height
in that part of a front yard which extends 25 feet back from the property
line. Decorative fencing in the front yard area may exceed the height
limit of 3 1/2 feet as approved by the Zoning Administrator according
to the following parameters and procedures:
(a)
Qualifying properties. Any property within the R-1, R-2 or R-3
Zone.
(b)
Open view. An "open" fence shall have at least 80% of the total
area between the heights of three feet six inches and six feet open
to view as viewed to a forty-five-degree angle.
(c)
Design. The fence shall be compatible with and subordinate to
its surroundings. The fence shall contribute to the identification
and beauty of the principal use and may not be erected to satisfy
any other provision of this code or act as a retaining structure.
Revisions to fence design, including simplification of its decorative
components, may be required to meet this objective.
(d)
Materials and colors. Chain-link and other mesh fencing are
not allowed. Darker and more recessive colors are required in order
to meet this objective.
(e)
Vehicular access. Driveway gates shall be recessed to allow
for safe stacking of at least one vehicle outside of the public right-of-way.
In general, a setback of at least 20 feet from the roadbed will be
required.
(f)
Over-height elements. Portions of the fence may reach a height
of up to eight feet to denote vehicular and pedestrian entries. Such
portions shall not exceed a width of 10 feet for pedestrian entries
or 20 feet for vehicular entries, and a transition shall be provided
between that height and the prevailing fence height.
(2)
Fences in side yards. No fence or wall, other than a retaining
wall, along a side line of a lot shall be higher than six feet unless
the adjoining lot is not in a residential district.
(3)
Fences in rear yards. Fences having a height of six feet or
less may be located within the required rear yards in residential
districts.
(4)
Location. The property owner shall be responsible for the proper
placement and location of the fence. A fence may be placed adjacent
to the lot line.
C.
Dog pens and runs. Dog pens and runs shall be erected in the rear
yard only and shall be located at least 20 feet from any property
line.
E.
Types of fences; nonconforming fences.
(1)
Wire fences. Wire fences are to be of chain-link construction
or a vinyl-coated minimum wire gauge of No. 16 with a maximum opening
of two inches by three inches.
(2)
Wood fences. Redwood or cedar shall be preferred for durability.
Other woods may be used, provided that they are suitable and maintained.
(3)
Defined. The term "fences" shall not be construed to include
racks or trellises used for support of vines or flowers.
(4)
Barbed wire. No fence consisting wholly or in part of barbed
wire shall be erected or maintained in the City, except for approved
security fences.
(5)
Security fences. The City Council, upon proper application,
may approve security fences in nonresidential zones of such design
and construction as it shall deem proper.
(6)
Fence side. Posts and framing shall be facing the property for
which the fence permit application is being made.
(7)
Nonconforming fences. Present fences may stand even though they
do not conform to this article. However, nonconforming fences requiring
50% or more repairs or rebuilding may be restored if completed within
90 days from the date of the need for repairs or rebuilding. After
90 days, the fence repair or rebuilding shall meet the regulations
of this section.
(8)
Electric fences shall be prohibited.
A.
Definition. A private or residential swimming pool is an outdoor
structure containing a body of water in a receptacle or other container
having a depth for water at any point greater than two feet located
above or below the surface of ground elevation, having an area greater
than 150 square feet, used or intended to be used solely by the owner,
operator or lessee thereof and his/her family, and by friends invited
to use it, and includes all structural facilities, appliances and
appurtenances, equipment and other items used and intended to be used
for the operation and maintenance of a private or residential swimming
pool.
B.
Exempt pools. Storable children's swimming or wading pools, with
a maximum dimension of 15 feet and a maximum wall height of 24 inches
and which are so constructed that they may be readily disassembled
for storage and reassembled to their original integrity, are exempt
from the provisions of this section.
C.
Construction requirements. In addition to such other requirements
as may be reasonably imposed by the Zoning Administrator, the Zoning
Administrator shall not issue a permit for construction or installation
of a swimming pool or hot tub unless the following construction requirements
are observed:
(1)
All materials and methods of construction in the construction,
alteration, addition, remodeling or other improvements for pool or
hot tub installation shall be in accord with all state regulations
and with any and all ordinances of the City now in effect or hereafter
enacted.
(2)
All plumbing work shall be in accordance with all applicable
ordinances of the City and all state codes. Every private or residential
swimming pool or hot tub shall be provided with a suitable draining
method, and in no case shall waters from any pool or hot tub be drained
into the sanitary sewer system or onto lands of other property owners
adjacent to that on which the pool is located or in the general vicinity.
(3)
All electrical installations, including lighting and heating
but not limited thereto, which are provided for, installed and used
in conjunction with a private swimming pool or hot tub shall be in
conformance with the state laws and City ordinances regulating electrical
installations.
D.
Setbacks and other requirements.
(1)
Private swimming pools or hot tubs shall be erected or constructed
in rear or side yards only and only on a lot occupied by a principal
building. No swimming pool or hot tub shall be erected or constructed
on an otherwise vacant lot. A lot shall not be considered vacant if
the owner owns the contiguous lot and said lot is occupied by a principal
building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
No swimming pool or hot tub shall be located, constructed or
maintained closer to any side or rear lot line than is permitted in
the Zoning Code for an accessory building, and in no case shall the
waterline of any pool or hot tub be less than six feet from any lot
line.
(3)
Swimming pools and hot tubs shall not be constructed in the
front yard or in a required corner side yard.
(4)
Swimming pools either open or enclosed shall be considered the
same as accessory buildings for purposes of calculating the maximum
area they may occupy in a required rear yard.
E.
Enclosure.
(1)
Except as hereinafter provided, every outdoor swimming pool
and hot tub shall be completely surrounded by a fence or wall, in
addition to the pool wall of an aboveground pool. Said fence or wall
shall be constructed to a height of no less than six feet. Any fence
or wall shall be located to a minimum horizontal distance of four
feet from the edge of the swimming pool or hot tub.
(2)
A dwelling, deck or accessory building may be used as part of
such enclosure and may be located within four feet of the swimming
pool or hot tub, providing it meets or exceeds the minimum fence and
wall requirements provided above. All gates or doors opening through
such enclosures shall be equipped with a latching device capable of
keeping the gate or door securely closed at all times when not in
actual use. Each such gate shall be secured by a combination lock
or by a lock worked by a key.
(3)
A swimming pool or hot tub which has a pool wall exceeding 50
inches above the grade shall be exempt from the fencing requirement,
provided it has a retractable ladder or gate capable of being closed
and latched and locked with a combination lock or by a lock worked
by a key when the swimming pool or hot tub is not in use.
(4)
Swimming pools and hot tubs surrounded in whole or in part by
a deck which has steps leading to the swimming pool or hot tub shall
be equipped with a gate a minimum of four feet in height and capable
of being latched and locked with a combination lock or by a lock worked
by a key to secure access to the swimming pool or hot tub when not
in use.
(5)
Service gates and gates which are part of a fence or wall enclosing
a swimming pool or hot tub which are located across a driveway shall
be kept closed and latched at all times by the property owner or occupier
when not in use for ingress or egress. When such areas are not in
use, such gates shall be locked with a combination lock or by a lock
worked by a key.
(6)
Hot tubs equipped with a fitted cover and capable of supporting
a minimum of 200 pounds shall be exempt from required fencing.
(7)
Enclosure requirements are applicable to all swimming pools
and hot tubs, other than indoor pools, and shall apply to all existing
swimming pools and hot tubs which have a minimum depth of 24 inches
of water.
Trees shall be placed not closer than three feet to the property
line of adjacent properties.
