[1]
Editor's note–Former section 22.03.176 pertaining to the requirements for two-family residential structures in R-2 and deriving from Ordinance 2020-014 adopted 10/14/20, was repealed and deleted in its entirety by Ordinance 2024-006 adopted 6/12/2024.
In addition to the requirements in the International Residential Code and Uniform Plumbing Code, every building, structure, or part thereof erected or altered, moved or relocated for residential use in the city containing one or more dwelling units shall conform to the standards in this division, which are deemed to be minimum standards necessary for the health and general welfare of the residents of this community.
(Ordinance 361 adopted 3/28/18)
Each plumbing fixture shall be connected by adequate water and drainage lines to a licensed private sewage facility or organized disposal system.
(Ordinance 361 adopted 3/28/18)
Editor’s note–Former section 22.03.163 pertaining to solid waste container storage and deriving from the 1996 Code, sec. 14-188, was deleted by Ordinance 242 adopted by the city on 4/11/12.
(a) 
No residential structure shall be of a modular, preconstructed, prefabricated or mobile home construction, nor shall such structure be a used structure, or a move-in structure.
(b) 
No modular, preconstructed, prefabricated or mobile home structure shall be attached or constructed as an addition to an existing site-built home.
(c) 
Notwithstanding subsection (a) above, a special use permit shall be issued and modular homes shall be allowed on single-family residence lots in the event the application demonstrates the proposed modular home meets the following aesthetic standards:
(1) 
Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the modular housing is proposed to be located, as determined by the most recent tax appraisal roll for each county in which the properties are located;
(2) 
Have exterior siding, roofing, roof patch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the modular housing is proposed to be located;
(3) 
Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; and
(4) 
Are securely fixed to a permanent foundation.
(Ordinance 361 adopted 3/28/18)
It shall be unlawful to serve or connect any public utility to any structure for permanent service until authorized by the city inspector and the public utility supplier. All internal electrical wiring will be copper. Aluminum wiring is prohibited.
(Ordinance 361 adopted 3/28/18)
(a) 
Each outdoor private swimming pool must have an enclosure device that:
(1) 
Is at least 48 inches in height as measured from the ground on the side away from the pool;
(2) 
Does not contain any opening that would permit the passage of a sphere four inches or more in diameter under the enclosure device, or a sphere four inches or more in diameter to pass through the enclosure device;
(3) 
Is not made of chainlink fencing materials;
(4) 
Does not use diagonal fencing members that are lower than 49 inches above the ground; and
(5) 
Does not provide indentations, protrusions, openings, equipment, or structures on the side away from the pool in a manner that makes them readily available for climbing over the pool yard enclosure device.
(b) 
Each gate or door-opening through such enclosure device shall be equipped with a self-closing latch that keeps the gate or door securely closed at all times when not actually used; provided, however, that the door of any residential building which forms a part of the enclosure device need not be so equipped.
(c) 
The wall of a building, or a fence that surrounds a property, can constitute a pool yard enclosure device so long as they conform to the requirements of subsection (a).
(d) 
It is a defense to a violation of this section if the property owner installs a conforming enclosure device within ninety (90) days after being given written notice of the violation by the city.
(e) 
The city may repair, replace, secure, or otherwise remedy an enclosure device that is damaged, deteriorated, substandard, dilapidated, or otherwise in a state that poses a hazard to the public health, safety, and welfare.
(f) 
The city may require the owner of the property on which the swimming pool enclosure is situated, after notice and hearing, to repair, replace, secure, or otherwise remedy an enclosure device of a swimming pool that the city determines violates the minimum standards adopted under this section.
(g) 
If the city incurs expenses under this section, the city may assess the expenses on, and have a lien against, the property, unless it is a homestead.
(h) 
Notwithstanding the above, this section applies to all swimming pools (existing pools without enclosures and newly constructed pools).
(i) 
Enclosure devices constructed under this section must comply with the city’s fence ordinance. To the extent possible, the fence ordinance and this section shall be read in harmony. Should there be a conflict between the fence ordinance and this section, the most restrictive regulations will govern.
(j) 
Enclosure devices that existed as of January 13, 2010, but do not conform to the construction standards under this section, constitute legal nonconforming structures.
(k) 
Any person who violates this section shall be fined not more than $1,000.00 per offense, with each day constituting a distinct and separate.
(Ordinance 361 adopted 3/28/18)
Water closet tanks shall have a flushing capacity sufficient to properly flush the water closet bowl but shall not exceed 1.6 gallons per flush; showers 2.75 gallons per minute and faucets 2.2 gallons per minute.
(Ordinance 361 adopted 3/28/18)
(a) 
Excavating, grading or filling shall minimize the negative impacts of development on natural slopes and interfere as little as possible with the natural landscape by minimizing the alteration of the natural terrain.
(b) 
The minimum site disturbance standards for earth cuts and fills are included in the drainage and erosion control design manual.
(c) 
Finished open cuts of an excavation shall not exceed the 1.5H:1V ratio in undisturbed earth, 2H:1V ratio in earth fill.
(d) 
Excavation shall not interfere with public or private utility systems and shall not create or aggravate any condition detrimental to the public health and safety.
(e) 
Excavation and removal of excavated material, and filling shall be permitted without a permit provided such operation is clearly incidental to improvement of the property, consists of less than six cubic yards of material and the area is graded and covered by revegetation or other suitable means to prevent erosion.
(f) 
No excavation, grading or filling shall be permitted in setbacks except for up to 18 inches in height or depth.
(g) 
Any wall shall not exceed six (6) feet in height above natural grade.
(h) 
Walls shall either incorporate the use of native materials or be earth-tone colors to match native soils.
(i) 
All walls of three (3) feet or more shall require shrubbery and/or vines of healthy stock and of a minimum of two (2) feet in height immediately after planting in front of the retaining wall. All shrubbery and/or vines shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will grow to the same height or more of the retaining wall.
(Ordinance 361 adopted 3/28/18)
All exterior compressors and other mechanical equipment or devices shall be shielded and insulated so as to ensure that sound emanating therefrom does not interfere with the use and enjoyment of surrounding property.
(Ordinance 361 adopted 3/28/18)
Adequate culverts shall be provided per the drainage and erosion control design manual. No person shall construct or maintain any driveway over a ditch without furnishing a culvert to provide drainage, in accordance with specifications approved by the city. The owner and occupant of abutting property shall keep such culverts and ditches free of obstruction.
(Ordinance 361 adopted 3/28/18)
(a) 
In approving permits to construct fences, the city shall be guided by their appropriateness to the character of the neighborhood and the rights of adjacent landowners to views and prevailing breezes.
(b) 
Unless required by an applicable international, national, or uniform code adopted by the city, fences in general, and “front-yard” fences in particular, are discouraged or limited by the city with due regard to the rights of privacy and security inherent in the ownership of property. This policy derives from the desire to preserve the rural nature and aesthetic attractiveness of the environs and to facilitate the safe movement of people, wildlife, and vehicles about the city.
(c) 
Definitions.
Fence.
A barrier enclosing or bordering a field, yard, etc., usually made of posts and wire or wood, used to prevent entrance, to confine, or to mark a boundary.
Front-yard fence.
A fence that runs generally parallel to property lines abutting any public or private streets and is constructed or serves to prevent or hinder ingress onto or through a property from the direction of the public or private street.
Gate.
A door or frame that closes an opening in a wall or fence.
Retaining wall.
A wall for holding in place a mass of earth or the like, as at the edge of a terrace or excavation.
Security access box.
A small, wall-mounted safe that holds building keys for fire departments, emergency medical services, and sometimes police to retrieve in emergency situations. Local fire companies can hold master keys to all boxes in their response area, so that they can quickly enter a building without having to force entry or find individual keys held in deposit at the station. Also known as a Knox Box® Rapid Entry System.
Walls.
A masonry structure enclosing space (e.g., field, yard); for purposes of this section, a wall is considered a type of fence.
(d) 
Requirements.
(1) 
General requirements.
All fences, especially and particularly those built along streets or on common property lines, shall be well maintained and pleasing to the eye. Fences shall be constructed so that both sides are finished and identical or so that the finished side is the exterior side, that is, the side facing adjacent lots or streets. For fences that have support posts or structures on only one side of the fence, that side shall be the interior side, that is, the side facing toward the property and structure. Fences shall be muted in color to prevent domination of the landscape or the structures they contain. Fences constructed of materials with a bright or shiny finish must be primed and painted a natural color to comply with this provision.
(2) 
Prohibited materials.
The use of barbed wire or any other sharp, pointed, or penetrating materials to build new fences is prohibited. Existing fences made of barbed wire, or any sharp, pointed, or penetrating material may not be lengthened or altered except to redesign them in accordance with this regulation.
(3) 
Subdivision fence.
A subdivision fence/wall or one designed to enclose more than one lot is prohibited unless there is common ownership of the lots or parcels of land sought to be fenced. Fencing of subdivisions or of more than one lot prior to the sale of individual lots is prohibited also.
(4) 
Swimming pool barriers.
Swimming pool barriers must conform to sections 22.03.167, 22.03.207 and any applicable international, national, or uniform code adopted by the city.
(5) 
Gated driveways.
Gated driveways shall be constructed so that entering/exiting vehicles will be completely off the street when stopped to open/close the gate. Driveway gates shall open parallel to, or away from, the street and shall comply with the setback distances provided for in subsection (6)(B) below. Electric or electronically controlled driveway gates shall have an emergency power source as an integral component of the system. All gates that are capable of being locked, and that are constructed after the effective date of this section shall be equipped with a security access box approved by the county emergency services district No. 9. All gates that are capable of being locked and that are in existence on or prior to the effective date of this section must be retrofitted to be equipped with a security access box approved by the county emergency services district No. 9 within 6 months of the effective date of this section.
(6) 
Front-yard fence requirements.
(A) 
Front-yard fences shall:
(i) 
Be landscaped on the side(s) facing the street(s) with native vegetation from the city’s recommended plant list so that a minimum of 80% of the total area of the front-yard fence exposed to the streetscape is effectively screened from view;
(ii) 
Be constructed to allow a minimum of 80% visibility through the front-yard fence prior to the installation of the landscaping required in subsection (6)(A) above;
(iii) 
Blend in with their natural surroundings in both color (e.g., brown, black, rust, etc.) and texture and by means of landscaping.
(iv) 
Have columns, posts, supports, or other components that are made of metal (excepting chainlink), brick, rock, stone, or wood in order to complement the principal structure on the property and the natural surroundings.
(B) 
Except as may be required by subsection (5) above, the setback distance for a front-yard fence shall be determined as follows:
(i) 
For lots less than 0.75 acre, the minimum front setback distance for front-yard fences shall be 20 feet from the nearest pavement edge of the public or private street, provided that no fence shall be constructed in the right-of-way.
(ii) 
For lots 0.75 acre and larger, the minimum front setback distance for front-yard fences shall be 30 feet from the nearest pavement edge of the public or private street, provided, that no fence shall be constructed in the right-of-way.
(iii) 
Rear and side setbacks set forth in section 22.03.281 do not apply to front-yard fences.
(7) 
Side and rear fences.
Fences may be located on side and rear property lines that do not face or abut public or private streets. If a fence on a side property line extends toward a public or private street, the side yard fence shall end at a point along the side property line so as to conform to the setback distances stated in subsection (6)(8) above.
(8) 
Walls.
Walls are considered a type of fence. Walls used as front-yard fences are treated as accessory structures and shall:
(A) 
Have the same front setback requirements as a principal building under the appropriate category in section 22.03.281;
(B) 
Meet all front-yard fence requirements stated in subsection (6) of this section, except for subsection (6)(A)(ii).
(9) 
Height of fences.
(A) 
Fences shall not exceed of 6 feet in height per side on or parallel to each property line measured from existing natural ground level.
(B) 
A fence that is electrified shall be no more than 4 feet in height measured from existing natural ground level.
(10) 
Fence permit.
(A) 
Front-yard fences that comply with the front-yard fence criteria may be approved by the city administrator. The city administrator may approve permits for “side-yard” or “rear-yard” fences, i.e. those that are behind the front-yard fence setback and that are on or parallel to side or rear property lines. The city administrator may also approve the use of temporary fences for limited and specific purposes for time periods of a year or less. All fence applications not approved by the city administrator or fences that require variances require ZAPCO review and city council approval.
(B) 
Applications for a permit to erect a fence, besides a front-yard fence, shall include a site plan, a detailed description and dimensions of the proposed fence. Front-yard fence permit applications shall include:
(i) 
A street-view elevation drawing at one-quarter scale equals one foot, showing the proposed fence and related improvements, the entire street frontage, and any related structures;
(ii) 
A site/landscape plan, at no less than ten scale, showing all structures, existing and proposed vegetation, and the materials and colors of the proposed fence;
(iii) 
A depiction of the growth and size of the vegetation three years from planting;
(iv) 
A scale drawing of a typical elevation of fence from post to post, showing the support structure, picket/slat size and shape, the amount of visible space between each picket/slat, and any other design details or features that will be visible from the exterior or street frontage side of the fence.
(C) 
A permit for a fence and associated screening vegetation shall expire if construction of the fence and the planting of the associated screening vegetation has not commenced within 60 days or a date specified by the city council to accommodate the next favorable growing season, whichever is later.
Notwithstanding the preceding sentence, a permit for a fence and associated screening vegetation expires if the fence is not completed and the screening vegetation is not entirely established according to the approved plans and specifications within 6 months of the approval date of the permit. Before resuming work, a new permit must be obtained in accordance with section 22.03.137(b).
(11) 
Reconstruction of fence.
Should 50% or more of any fence, as determined by the city inspector, be destroyed by any means, reconstruction of such fence shall conform to the provisions of this section.
(12) 
Vacant lot.
Fences are prohibited on a vacant lot.
(Ordinance 2021-005, att. A, adopted 6/23/21)
The restrictions upon use of property in an R-3 district are as follows:
(1) 
Setbacks.
Setbacks of 50 feet along the entire lot perimeter in which nothing can be built and no site clearing (e.g., private sewage facility not prohibited).
(2) 
Site plans.
The site plans shall be approved in advance by the city council.
(3) 
Driveways.
Only one driveway will be permitted and it shall have direct access to an arterial or collector street.
(4) 
Building site.
Each dwelling unit shall have a building site of at least 3,000 square feet on slopes less than 25 percent.
(5) 
Private sewage facility.
Each dwelling unit shall have a separate septic tank and may have combined disposal areas with up to three units on one disposal field.
(6) 
Dwelling units.
Units that are detached must be separated from the next dwelling unit by at least 20 feet.
(7) 
Number of dwelling units.
The number of dwelling units shall not exceed an average of two single-family dwelling units per acre.
(8) 
Restrictive covenants.
The city council shall review all restrictive covenants.
(9) 
Condominium regimes.
The city council shall review the condominium regime.
(10) 
Joinder of units.
Primary dwelling units may be joined together provided that there are no common walls separating the living areas of the respective dwelling units.
(Ordinance 361 adopted 3/28/18)
(a) 
Off-street parking and loading areas, including parking pads, shall be located no closer to street right-of-way lines and to lot boundary lines than the applicable minimum distances prescribed in the following schedules:
(1) 
The minimum setback distance for driveways and parking areas from street right-of-way lines shall be 20 feet. Excluded from this setback is the first 20 feet of the driveway that connects to the adjacent street.
(2) 
The minimum setback distance for driveways and parking areas from boundary lines shall be 10 feet. Excluded from this setback is the first 10 feet of the driveway that connects to the adjacent street.
(b) 
Driveway entrances shall be set back at least 35 feet from the point of tangency of the curb at any intersecting street.
(c) 
Adequate culverts shall be provided per the drainage and erosion control design manual.
(d) 
All driveways shall be designed so as to provide safe vehicular entrance and exit without the necessity of backing out into a public street.
(e) 
Every driveway entrance/exit shall be at roadway grade level where the driveway intersects the city’s right-of-way except as otherwise approved by the city inspector.
(1) 
Each dwelling shall be on a lot abutting a public street or having access to an improved public street, and all structures shall be so located on lots as to provide safe, convenient access for servicing, police protection, fire protection and required off-street parking. Driveways shall not exceed a maximum of 20 percent grade at any point after construction. No part of a driveway shall rise more than 6' above natural ground grade directly below.
(2) 
Only one driveway is allowed per primary dwelling unit, regardless of the number of lots, frontage on more than one roadway, or character of accessory structures. The driveway entrance/exit shall not exceed 20 feet in width. The location of all driveways shall be approved by the city inspector. The parking spaces and driveway surfaces shall be those required in sections 22.03.241, 22.03.242, 22.03.244 and 22.03.247.
(3) 
No residential structure shall be erected or enlarged by an increase in floor area unless the minimum number of off-street parking spaces specified in the following schedule is provided. Adequate aisles and driveways shall also be provided to permit proper maneuvering within the parking area and for safe and orderly entry and exit. Parking area design is included as an integral part of the site plan development.
Use
Number of Spaces
One-family dwellings
Two spaces for each unit
(4) 
It is the policy of the city to encourage adjoining lot owners to share a common driveway. A variance to the side setback stipulations is required by both adjoining lot owners; however, variance fees may be waived by the city administrator or the board of adjustment.
(f) 
Residential driveways shall not be less than 12 feet in surface width.
(g) 
All driveway setbacks established in this section apply to temporary (i.e., construction) driveways.
(h) 
Additional requirements for two-family residential structures in R-2:
(1) 
All parking spaces shall be located behind the dwelling units and the garage entrance shall not face the street.
(2) 
The garage shall be enclosed.
(3) 
At least two parking spaces are required for each family dwelling unit.
(4) 
Parking is prohibited under any portion of the dwelling units.
(Ordinance 2021-007, att. A, adopted 7/28/21)