For the purposes of this article, the following terms shall
have the meanings herein described:
Debris.
The scattered remains of something broken or destroyed.
Front yard.
An open space unoccupied by a principal structure on a lot
facing a street, extending across the full width of the front of a
lot between the side lot lines and in front of the front-most corners
of the principal structure, and including any unenclosed portion of
a front porch, carport, portico, or other unenclosed structure located
beyond the front face of the principal structure.
Outside storage.
The outside placement of an item for a period in excess of
seventy-two (72) hours during a twelve-month period.
Prohibited outside storage.
The outside placement of any of the following items:
(1)
Debris, rubbish, or trash as defined herein or in section
7.04.001 of this code;
(2)
Broken, inoperable, or discarded merchandise, household furnishings,
appliances, machines, tools, boxes and cartons, lawn maintenance equipment,
play equipment, toys, and broken, inoperable, or discarded items;
(3)
Used or discarded building materials;
(4)
Old tires, batteries, used oil, automobile parts, engine parts,
or scrap metal;
(5)
Any tire, whether new or used, without wheels or other inserts,
if stored in an area subject to possible exposure to rain, irrigation,
or any other source of water;
(6)
Waste of mills or factories;
(7)
Wet, broken, or leaking barrels, casks, or boxes or broken,
empty or otherwise discarded pallets; or
(8)
Any other item or material which is not designed or manufactured
for outside use or storage.
Rear yard.
An open space unoccupied by a principal structure extending
for the full width of the lot between the principal structure and
the rear lot line, and behind the back-most corners of the building
line of the principal structure.
Right-of-way.
That area of land designated by plat or other document for
public use, access and travel, including that area between the property
line and the curb or street edge.
Setback.
The distance between a structure and a property line, natural
feature, road right-of-way, or other improvements.
Side yard.
An open space unoccupied by a principal structure, situated
between the building and the side line of the lot, and extending through
from the front yard to the rear line of the lot, including any unenclosed
portion of a side porch, carport, portico, or other unenclosed structure
located beyond the side of the principal structure. Any lot line not
a rear line or a front line shall be deemed a side line.
Vacant lot.
Any lot, parcel, or tract which contains no structures.
(Ordinance 2008-004, sec. 2, adopted 1/28/08; 1988 Code, sec. 22.5-1)
Prohibited outside storage as defined herein is hereby declared
a public nuisance.
(Ordinance 2008-004, sec. 2, adopted 1/28/08; 1988 Code, sec. 22.5-2)
(a) It
shall be unlawful for any person to maintain, conduct, allow or permit
any prohibited outside storage on any property located in any of the
zoning districts referenced in this section.
(b) It
shall be unlawful for any person to maintain, conduct, allow or permit
any outside storage on any portion of a vacant lot in any of the zoning
districts referenced in this section.
(c) It
shall be unlawful for any person to maintain, conduct, allow or permit
any outside storage of any of the following items on any property
located in a zoning district referenced in this section except as
otherwise provided herein:
(1) Building materials, whether new, used, reclaimed, reused, etc.;
(2) Supplies, materials, or other items associated with a home occupation;
(3) Equipment, tools, supplies, materials, or other items not typically
associated with a residential use or activity;
(4) Chemicals (including pool or spa chemicals), bagged or boxed fertilizer,
pre-emergents, or other organic or synthetic substances used for landscaping
purposes;
(5) Furniture, including, but not limited to, couches, chairs, shelves,
tables, dressers, or other similar items, which furniture is designed
or intended by the manufacturer for indoor use and constructed of
polished wood or wood veneer, cloth, or any other material not specifically
designed or intended for outdoor use;
(6) Appliances not designed for outdoor use, including, but not limited
to, refrigerators, freezers, ovens, ranges, dishwashers, clothes washing
machines or dryers, or other household or similar appliances primarily
designed or intended for indoor use;
(7) Building fixtures not designed for outdoor use, including, but not
limited to, bathtubs, commodes, sinks, hot water heaters, or other
building fixtures primarily designed or intended for indoor use;
(8) Spa and pool equipment designed for outdoor use but not installed,
including, but not limited to, hot tubs, jaccuzis, swimming pools,
or other similar equipment primarily designed or intended for outdoor
use;
(9) Play equipment including, but not limited to, play structures, trampolines,
pools, swing sets, slides, see-saws, exercise equipment, and other
recreational equipment that is intended by the manufacturer to remain
in a stationary location, on any portion of a lot other than entirely
within the side yard or rear yard of the lot; however, basketball
goals may be located in the front yard if placed in such location
and in such manner that play does not take place in a public street,
alley, or other right-of-way;
(10) Barbeque grills or other similar outdoor cooking equipment on any
portion of a lot other than entirely within the side yard or rear
yard of the lot;
(11) Tools, mobile, and/or mechanical equipment not connected with a residential
use;
(12) Lawn maintenance equipment on any portion of a lot other than entirely
within the rear or side yard of the lot;
(13) Motor vehicle parts and/or accessories including, but not limited
to, engines, transmissions, electrical parts, suspension parts, vehicle
body parts, batteries, tires, wheels, hubcaps, and other motor vehicle
parts;
(14) Firewood on any portion of the front or side yard setback that is
not screened from public view from May 1 through September 30 of each
year; or
(15) Trash cans or containers may not be stored in any portion of a lot other than entirely within the rear or side yard except in accordance with section
12.04.006, storage containers, of the Code of Ordinances.
(d) It shall also be unlawful for any person to maintain, conduct, allow or permit any outside storage of any of the items referenced in subsection
(c) of this section on any property in the city which is directly adjacent to property being used for residential purposes.
(e) The
following items are excepted from the outside storage prohibition:
(1) Outside storage that is screened from the view of persons on adjacent
properties or adjacent streets and rights-of-way by a solid fence,
wall, dense landscaping, or a combination of fence and dense landscaping.
(2) Building materials that:
(A) Are stored in a workmanlike manner as part of, and in conjunction
with, an active building permit; and
(B) Are not located in any front yard; and
(C) Are being used for construction of a new structure or building and
are not stored outside for more than eight (8) months after the issuance
of a building permit unless an extension of time has been granted
by the city’s building inspection division; or
(D) Are being used for repair, remodeling or renovation of a structure
or building and are not stored outside for more than three (3) months
after the issuance of a building permit unless an extension of time
has been granted by the city’s building inspection division.
(3) In the case of furniture, that such furniture is designed and constructed
for outside use, and further, that such furniture is in good condition
and is not deteriorated.
(4) Outdoor storage that is in conjunction with a garage sale as defined in section
5.04.001 of this code and held in accordance with the requirements of section
5.04.002 of this code.
(5) Solid waste, garbage, trash, brush, and bulky waste (as defined in section
12.04.002 of this code):
(A) Awaiting pickup by the city or other sanitation service in accordance with article
12.04 of this code;
(B) In a container or bag as approved by the city; and
(C) In an approved location for the city or other sanitation service
pickup.
(Ordinance 2008-004, sec. 2, adopted 1/28/08; Ordinance 2008-047, sec. 2, adopted 12/8/08; 1988
Code, sec. 22.5-3; Ordinance adopting 2021 Code)
(a) It
shall be unlawful for any person to maintain, conduct, allow or permit
any prohibited outside storage on property located in a zoning district
referenced in this section.
(b) Outside
storage of items, other than prohibited outside storage, shall comply
with the following:
(1) Outside storage of merchandise, goods, products or equipment may
not be located on property such that it impedes pedestrian or vehicular
traffic or obstructs pedestrian visibility or motor vehicle visibility.
(2) Outside storage of merchandise, goods, products or equipment may
not be located within a fire lane.
(3) No area used for the outside storage or display of merchandise, goods,
products or equipment shall be located within twenty-five (25) feet
of any adjacent residentially zoned property which is used for residential
purposes.
(4) No area designated for off-street parking may be used for outside
storage or display of merchandise, goods, products or equipment.
(5) All city fire, building, and other codes shall be strictly complied
with.
(c) With
the exception of those items which constitute a public health or safety
hazard, the prohibition against outside storage shall not apply to
outside storage by a person engaged in the business of dealing in
junk, scrap or salvage who is otherwise in compliance with the comprehensive
zoning ordinance and other applicable laws.
(Ordinance 2008-004, sec. 2, adopted 1/28/08; 1988 Code, sec. 22.5-4)
(a) The
Main Street area is that area of the Central Area (CA) zoning district
designated by the city for participation in the state’s Main
Street Revitalization Program.
(b) It
shall be unlawful for any person to maintain, conduct, allow or permit
any prohibited outside storage on any property located in the Main
Street area of the Central Area zoning district of the city.
(c) It
shall also by unlawful for a person to store any merchandise, goods,
products or equipment outside in the front, side or rear yard of any
property in the Main Street area of the Central Area zoning district
of the city.
(d) The following items are excepted from the prohibition against outside storage set out in subsection
(c) of this section:
(1) In the case of building materials, those materials which are stored
in a workmanlike manner as part of, and in conjunction with, an active
building permit; that such building materials are not located in a
manner which impedes pedestrian or vehicular traffic; and that such
outside storage does not continue for a period of more than seven
(7) days.
(2) Solid waste, garbage, or trash which is:
(A) Awaiting pickup by the city or other authorized sanitation service;
(B) In a container or bag as approved by the city; and
(C) In an approved location for the city or other authorized sanitation
service pickup, but in no case shall such item be left outside for
a period longer than twenty-four (24) hours.
(3) In the case of furniture, that such furniture is designed and constructed
for outside use, and further that such furniture is in good condition
and is not deteriorated, that such furniture relates to the nature
of the business, such as tables for a restaurant, and is not located
in a manner which impedes pedestrian or vehicular traffic.
(e) Outside
display of goods or merchandise for sale is allowed only in the immediate
vicinity of the storefront, may not project out to such an extent
on the sidewalk that the display interferes with pedestrian or vehicular
traffic, and may not be left out during hours when the store is closed.
(Ordinance 2008-004, sec. 2, adopted 1/28/08; 1988 Code, sec. 22.5-5)