(a)
Measuring setbacks.
All setback measurements shall be made in accordance with illustration 6 printed at the end of this chapter.
(2006 Code, sec. 86-821; Ordinance 04-05-610, sec. 43.1, adopted 5/17/04)
(a)
On all corner lot/tracts, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a construction plat. Where single-family and duplex lot/tracts have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard (see illustration 3 [9] printed at the end of this chapter).
(b)
Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage (see illustration 3 printed at the end of this chapter).
(c)
The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet, and subsurface structures, platforms or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the yard (see illustration 6 [4] printed at the end of this chapter). Open porches extending into the front yard shall not be enclosed.
(d)
Minimum lot/tract widths for lot/tracts with predominate frontage on the curved radius of a street (e.g., cul-de-sac or “eyebrow” portion of a street) shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision plat. Lot/tract widths for all lot/tracts shall be as set forth in the respective zoning district for each lot/tract.
(e)
Gasoline service station pump islands (and their canopy structures) that parallel a public street may be located a minimum of 18 feet to the property line adjacent to a public street. For pump islands (and canopies) that are perpendicular or diagonal to a public street, the setback shall be 30 feet in order to prevent vehicles stacking out into the street while waiting for a pump position. Pump islands and their canopies may extend beyond the front building line as described above, provided that all other requirements of this chapter are met, but shall not be closer than 15 feet to any property line that is not adjacent to a public street.
(f)
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot/tract abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
(g)
If 50 percent or more improved with existing buildings, and if the front yard setback for these existing buildings is greater than the front yard required for that zoning district in this chapter, then no new building shall be constructed to project beyond the least front yard depth of the existing buildings without a variance from the board of adjustment.
(2006 Code, sec. 86-822; Ordinance 04-05-610, sec. 43.2, adopted 5/17/04)
(a)
On a corner lot/tract used for one-family or two-family dwellings, both street exposures shall be treated as front yards on all lot/tracts platted after September 3, 2002 (pursuant to chapter 28 regarding subdivisions, Ordinance No. 02-09-549, as amended), except that where one street exposure is designated as a side yard for both adjacent lot/tracts or where the two lot/tracts are separated by an alley, street right-of-way, creek/floodplain area, or other similar phenomenon. In such case, the building line may be designated as a side yard of 15 feet or more (as determined by the applicable zoning district standards). On lot/tracts which were official lot/tracts of record prior to the effective date of this chapter, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.
(b)
Every part of a required side and rear yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed 12 inches into the required side or rear yard, and roof eaves projecting not to exceed 48 inches into the required side or rear yard. Air conditioning compressors and similar equipment are permitted in the side or rear yard. Open porches extending into a side or rear yard shall not be enclosed. A canopy may project into a required side or rear yard provided that it is not enclosed, and provided that it is at least five feet from the adjacent property line.
(c)
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot/tract abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
(d)
Where retaining walls are installed/required, said retaining walls shall be constructed of stone, brick or other masonry materials. Wood products/materials are not approved for retaining wall development/construction.
(2006 Code, sec. 86-823; Ordinance 04-05-610, sec. 43.3, adopted 5/17/04)
In districts where the height of buildings is restricted to two or more stories, cooling towers may extend for an additional height not to exceed 50 feet above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, ornamental cupolas, city or school district buildings, and institutional buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that one additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.
(2006 Code, sec. 86-824; Ordinance 04-05-610, sec. 43.4, adopted 5/17/04)
(a)
Applicability.
(1)
The regulations in this section apply to all commercial and amateur antennae and support structures, unless exempted in subsection (a)(2) of this section.
(2)
Direct broadcast satellite reception, multi-channel multi-point distribution (as defined by the Federal Communications Commission), television reception antennae, and amateur radio antennae meeting the following requirements do not require a permit unless mounted on a pole or mast that is 20 feet or more in height:
(A)
In a nonresidential zoning district, antennae that are two meters or less in diameter;
(B)
In any zoning district, antennae designed to only receive television broadcasts;
(C)
In any zoning district, amateur radio antennae concealed behind or located upon or within attics, eaves, gutters or roofing components of the building; and
(D)
In any zoning district, amateur radio ground-mounted whips and wire antennae, unless mounted upon a pole or mast over 20 feet in height.
(3)
Support structures or antennae legally installed before May 27, 2004, are not required to comply with this chapter, but must comply with all applicable state, federal and local requirements, building codes and safety standards.
(b)
Special definitions.
For the purpose of this section, the following special definitions shall apply:
(1)
Antenna, microwave reflector and antenna support structure.
An antenna is the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals (includes microwave reflectors/antennae). A microwave reflector is an apparatus constructed of solid, open mesh, bar-configured, or perforated materials of any shape/configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave reflectors are also commonly referred to as satellite receive only earth stations (TVROS), or satellite dishes. An antenna support structure is any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more antennae or microwave reflectors.
(2)
Antenna (noncommercial/amateur).
An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain. A satellite dish antenna not exceeding six feet in diameter shall also be considered as a noncommercial antenna.
(3)
Antenna (commercial).
An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain (e.g., commercial broadcasting, cellular/wireless telecommunications, etc.). A satellite dish antenna that exceeds six feet in diameter shall also be considered as a commercial antenna.
(4)
Collocation.
The use of a single support structure and/or site by more than one communications provider.
(5)
Communications operations (noncommercial/amateur).
The transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use, and not for the purpose of operating a business and/or for financial gain.
(6)
Communications operations (commercial).
The transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain.
(7)
Height.
The distance measured from the finished grade of the lot/tract/parcel to the highest point on the support structure or other structure, including the base pad and any antennae.
(8)
Radio, television or microwave tower.
See “Antenna, microwave reflector and antenna support structure.”
(9)
Telecommunications tower or structure.
See “Antenna, microwave reflector and antenna support structure.”
(10)
Temporary/mobile antenna.
An antenna and any associated support structure/ equipment (including, but not limited to, a support pole, a vehicle, etc.) that is placed and/or used on a temporary basis only (i.e., not intended to be permanent), usually in conjunction with a special event, news coverage or emergency situation, or in case of equipment failure or temporary augmentation of permanent communications equipment.
(11)
Wireless communication tower or structure.
See “Antenna, microwave reflector and antenna support structure.”
(c)
General requirements.
(1)
Antennae and support structures may be considered either principal or accessory uses.
(2)
Antenna installations shall comply with all other requirements of this chapter and this code, unless otherwise specified herein or exempt under applicable state or federal law.
(3)
No commercial antenna support structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the support structure, unless otherwise specified herein. Such setback/distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures that exceed 50 feet in height, or to antennae placed wholly within or mounted upon a building.
(4)
No amateur or commercial antenna, antenna support structure, microwave reflector/ antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards.
(5)
All antennae and support structures must meet or exceed the current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and/or all other applicable federal, state and local authorities. If those standards change, then the owner/user of an antenna or support structure must bring the antenna/structure into compliance within six months or as may otherwise be required by the applicable regulating authority.
(6)
A building permit is required to erect or install an antenna, antenna support structure and related structures/equipment, unless otherwise exempt from these regulations. All installations shall comply with applicable federal, state and local building codes and the standards published by the Electronic Industries Association. Owners/users shall have 30 days after receiving notice that an installation is in violation of applicable codes in order to bring it into full compliance.
(7)
Amateur or commercial antennae shall not create electromagnetic or other interference with the city’s and the county’s radio frequencies and public safety operations, as required by the Federal Communications Commission.
(8)
No antenna or support structure shall be located so as to create a visual obstruction within critical visibility areas or a traffic safety problem.
(9)
Safeguards shall be utilized to prevent unauthorized access to an antenna. Safeguards include certain devices identified/recommended by the manufacturer of the antenna or support structure, a fence, a climbing guard, warning/hazard signs or other commercially available safety devices. Climbing spikes or other similar climbing device, if utilized, shall be removed immediately following use.
(10)
Temporary antennae shall only be allowed in the following instances:
(A)
In conjunction with a festival, carnival, rodeo or other special event/activity;
(B)
In case of an emergency (e.g., severe weather, etc.) or a news coverage event;
(C)
When needed to restore service on a temporary basis after failure of an antenna installation. The city must be notified within 72 hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven days, then the owner/user must apply for and acquire a permit for the temporary installation on or before the eighth day following initial placement of the antenna.
(11)
Collocation is greatly encouraged by the city.
(A)
All new support structures over 50 feet in height shall be constructed to support antennae for at least two carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment shall also be provided.
(B)
A support structure which is modified or reconstructed in order to accommodate collocation shall be of the same type, design and height as the existing structure, and it may be moved on the same property within 50 feet of its original location provided that it is not moved any closer to residentially zoned property (if the structure was allowed by special use permit, then its new location shall be within the physical/land boundaries of the special use permit). The original (i.e., former) support structure shall be removed from the property within 90 days following completion of the new structure.
(C)
Where an additional antenna is to be attached to an existing support structure that already has an antenna mounted upon it, the new antenna shall comply with and be compatible with the design of the existing antenna on the collocated structure.
(12)
Support buildings and equipment storage areas/buildings shall be screened from public view if mounted on a rooftop. When ground mounted, support buildings and equipment storage areas/buildings shall meet all applicable front, side and rear yard setback requirements of the applicable base zoning district. Support buildings and equipment storage areas/buildings shall also be of a neutral color and shall use exterior finish colors and materials that are compatible with nearby structures. Support buildings and equipment storage areas/buildings shall be screened from public view by a dense, opaque evergreen landscaped screen with an initial planting height of three feet, and which will attain an ultimate height of six feet at maturity. A six-foot solid masonry wall may be used in lieu of the landscaped screen provided exterior finish materials are compatible with nearby structures. The use of a wood fence for screening is prohibited, and wrought iron may only be used in conjunction with a landscaped screen as specified above.
(13)
Satellite dishes and other similar antennae shall be permitted on the roof of a building, as long as satellite dishes do not exceed one meter (39 inches) in diameter and antennae do not extend over ten feet above the roof of the building. A letter certifying the roof’s/building’s structural stability shall be written and sealed by a registered architect or engineer, and shall be submitted to the city manager, or his designee, prior to any approval of a roof-mounted antenna. Roof-mounted antennae that comply with the provisions of these regulations do not require additional yard setbacks or setbacks from residential areas or dwellings.
(14)
All commercial signs, flags, lights and attachments other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration and/or the Federal Communications Commission shall be prohibited on any antenna or antenna support structure. However, lights may remain or be placed upon light standards that are altered or replaced in order for them to serve as antenna support structures provided that said lights are not commercial (i.e., for-profit) in nature, and provided that said lights are placed/replaced as the same size, configuration, number of bulbs, degree of luminance, etc., as they previously existed prior to support structure modification/replacement.
(15)
Any publicly owned antennae or antenna support structures shall be permitted in any zoning district (e.g., public safety communications, etc.).
(16)
In all residential zoning districts, or adjacent thereto (including agricultural, SF-E, SF-20, SF-15, SF-11, SF-9, SF-PH, SFA, MF-12 and MH), commercial antennae and antenna support structures are not allowed, except as specified within this division.
(A)
A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds 50 feet in height, and provided that the antenna does not extend more than ten feet above the height of the utility structure (see subsection (c)(3) of this section).
(B)
A commercial antenna may be placed wholly within any building permitted in the zoning district (see subsection (c)(3) of this section). A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties.
(17)
In nonresidential zoning districts (including O, NS, R, LC and BP), commercial antennae and antenna support structures are allowed as follows:
(A)
Commercial antenna support structures are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. Structures in excess of the height allowed in the zoning district may be allowed by specific use permit, up to a maximum of 175 feet, provided the structure conforms in all other aspects of the base zoning district’s regulations, and provided that all applicable setback requirements are satisfied. In all nonresidential zoning districts, antenna support structures must meet all setback requirements, particularly from residential zoning districts.
(B)
A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds 50 feet in height, and provided that the antenna does not extend more than ten feet above the height of the utility structure (see subsection (c)(3) of this section).
(C)
A commercial antenna may be placed wholly within any building permitted in the zoning district (see subsection (c)(3) of this section). A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design, and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties.
(2006 Code, sec. 86-825; Ordinance 04-05-610, sec. 43.5, adopted 5/17/04)
Minimum dwelling unit areas specified in this chapter shall be computed exclusive of breezeways, garages, open or covered porches, carports and accessory buildings. The minimum dwelling unit area shall be defined as the habitable floor area of the dwelling.
(2006 Code, sec. 86-826; Ordinance 04-05-610, sec. 43.6, adopted 5/17/04)
Open storage of materials, commodities or equipment (where allowed in the specific zoning district) shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to outside display (see definition of outside display in section 30.01.006; see screening requirements in chapter 26, article 26.03).
(2006 Code, sec. 86-827; Ordinance 04-05-610, sec. 43.7, adopted 5/17/04)
(a)
Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding, landscaping or other feature obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection. Whenever an intersection of a street, alley, and/or driveway occurs, a triangular visibility area shall be created. Landscaping, fences, walls, earthen berms and other features within the triangular visibility area shall be designed so as to provide unobstructed cross-visibility at a level between 24 inches and eight feet above the ground. The triangular areas are defined as follows:
(1)
Alley intersects a public street right-of-way: The areas on both sides of the intersection of an alley and a public street shall have a triangular visibility area with two sides of each triangle being a minimum of ten feet in length from the point of intersection, and the third side being a line connecting the ends of the other two sides (see illustration 12 printed at the end of this chapter).
(2)
Minor street intersection (except a street intersecting onto an arterial, see below) or intersection of private driveway onto a public street: These areas shall have a triangular visibility area with two sides of each triangle being a minimum of 25 feet in length along the right-of-way lines (or along the driveway curbline and the street right-of-way line) from the point of the intersection, and the third side being a line connecting the ends of the other two sides (see illustration 12 printed at the end of this chapter).
(3)
Major street intersection (the intersection of two arterials, type “B” or above): These areas shall have a triangular visibility area with two sides of each triangle being a minimum of 50 feet in length along the right-of-way lines from the point of the intersection, and the third side being a line connecting the ends of the other two sides (see illustration 12 printed at the end of this chapter).
(b)
Shrubs and plant materials that are typically less than 24 inches in height at maturity may be located within sight visibility areas provided that they are kept maintained at a maximum height of 24 inches.
(c)
A limited number of single-trunked trees having a clear trunk (i.e., branching) height of at least eight feet may be located within sight visibility areas provided that they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area defined above, and provided that they are spaced and positioned such that their trunks will not produce a visibility-inhibiting, “picket-fence” effect when they attain mature size.
(2006 Code, sec. 86-828; Ordinance 04-05-610, sec. 43.8, adopted 5/17/04)
Nonresidential structures (e.g., churches, schools, day care centers, etc.) which are permitted in residential zoning districts (AG, SF-E, SF-20, SF-15, SF-11, SF-9, SF-PH, SFA, MF-12 and MH) shall be designed and constructed such that they conform to the development standards set forth in the neighborhood service (NS) zoning district (i.e., with respect to maximum height, minimum lot/tract size, minimum front/side/rear setbacks, landscaping, screening, exterior building construction, etc.) unless otherwise stated in this chapter or in an ordinance establishing a planned development.
(2006 Code, sec. 86-829; Ordinance 04-05-610, sec. 43.9, adopted 5/17/04)
(a)
Pad sites, which shall be defined as sites or lot/tracts that are no larger than 1.5 acres in size, shall not occupy more than 75 percent of any street frontage of a development.
(b)
Buildings on pad sites may not block more than 50 percent of the view into a development.
(2006 Code, sec. 86-830; Ordinance 04-05-610, sec. 43.10, adopted 5/17/04)
(a)
All nonresidential lot/tracts, including pad sites, shall share driveway curb openings via mutual access easements from one lot/tract to adjacent lot/tracts, for fire and emergency access, as well as for public convenience.
(b)
All nonresidential and multifamily lot/tracts, including pad sites, shall have either direct or indirect, via mutual access/fire lane easements on adjacent property, access to a median opening if located on a median-divided roadway, whether existing or planned in the future. Driveways for all nonresidential and multifamily lot/tracts, including pad sites, shall align, to the greatest extent possible, with any existing or proposed driveways on the other side of any type of roadway.
(2006 Code, sec. 86-831; Ordinance 04-05-610, sec. 43.11, adopted 5/17/04)