(a)
Accessory buildings detached from or attached to the main building
by an enclosed or unenclosed structure may be permitted within the
allowable building area of any lot defined by the required front,
side, and rear building lines.
(b)
No accessory building shall be permitted in the front yard or in
the required side yard.
(d)
In no case shall the total floor area of all accessory buildings
or portions thereof within the required rear yard exceed 30 percent
of the area of the required rear yard.
(e)
The area of the required rear yard shall be the product of the rear
yard setback and the mean width of the lot.
(f)
Where the necessary building is adjacent to a side street, the minimum
side yard setback from said street shall be 10 feet.
(1977 Code, sec. 13-111)
The central business area is designated on the official zoning
map attached to this article by a heavy solid black line and shall
include the No. 1 Fire Zone.
(1977 Code, sec. 13-112)
(a)
Outer courts and open spaces between walls of residential buildings.
Where any wall or portion thereof of a residential building
is parallel or within 30 degrees of another wall or portion thereof
of the same building or of another residential building on the same
lot, the distance between the two walls shall not be less than one-fourth
of the length of the shorter wall. The distance between walls of buildings
shall not be less than 8 feet and need not exceed 30 feet.
(b)
Distance between walls of buildings.
The shortest horizontal
distance measured between the vertical walls of a building or buildings
perpendicular to an axis, all points along which are midway between
said walls.
(1977 Code, sec. 13-113)
(a)
Notwithstanding other provisions of this division, fences, walls
and hedges may be permitted in any yard or along the edge of any yard
with the following restrictions:
(1)
No fence, wall or hedge along the side or front edge of any front
yard shall be over two and one-half (2-1/2) feet, except that a fence
may be a maximum of four (4) feet in height if the fence is constructed
of see-through material.
(2)
No fence, wall or hedge along the rear yard or side yard shall be
over six (6) feet, except that a fence, wall or hedge may be a maximum
of eight (8) feet in height if approved prior to construction by the
building official.
(b)
Dilapidated fences.
It is unlawful for any person to
allow, permit or cause any fence to lean or to have missing, loose
or broken slats or panels, or to have symbols, writings or other graffiti
except for symbols or writings which pertain to the address or occupancy
of the property.
(c)
However, any fences, walls and/or hedges constructed and/or grown
on property in violation of the foregoing subsection of this section
prior to the adoption of the ordinance from which this section derives
are hereby granted a variance or exception from said provisions and
such fences and/or walls are designated nonconforming structures and
such hedges are designated a nonconforming use of the property as
long as the following conditions and circumstances are in existence
and maintained:
(1)
The fences, walls and/or hedges, as of the date of the adoption of
the ordinance from which this section derives, are in good condition
and do not, in the sole opinion of the building official of the city,
constitute a traffic or health hazard and/or public nuisance;
(2)
The fences, walls and hedges in violation of this section shall not
be expanded, increased or added to in violation of this section;
(3)
The fences and/or walls shall be maintained in a good condition,
provided, that if all or a significant portion of the fences and/or
walls that require repair or replacement, the variance or exception
and nonconforming status of such fences and/or walls shall be terminated
and the repair or replacement of such fences and/or walls shall be
required to be modified to be in conformance with the first subsection
of this section. The phrase “a significant portion of the fences
and/or walls that require repair or replacement” shall mean
that the costs for such repair shall exceed 25% of the cost of replacement
of the fences and/or walls;
(4)
The hedges shall be maintained in a healthy, good condition in accordance
with standards of good husbandry and, if all or a significant portion
of the hedge needs to be replaced with new plants to remain in conformance
with this section, the variance or exception and nonconforming use
status of such hedge shall be terminated and replanting and required
relocation of the plants constituting the hedge shall be in conformance
with the first subsection of this section. The phrase “a significant
portion of the hedge needs to be replaced with new plants” shall
mean that the cost of new plants shall exceed 25% of the cost of replacement
of all plants constituting the hedge.
(d)
Failure to comply with the requirements of this section shall constitute a violation of this section and shall be subject to the penalties provided for in section 1.01.009 of the code adopted September 21, 2004, as amended. Additionally each day in violation of this section shall constitute a separate offense, also as provided in section 1.01.009 of the code adopted September 21, 2004, as amended.
(Ordinance 2012-06 adopted 4/10/12; Ordinance 2014-05, sec. 3, adopted 7/8/14)
(b)
No carport of metal construction shall be located in front of a single-family
residence or within a side yard adjacent to a street unless approved
by the board of adjustment.
(c)
A carport of metal construction may be located at the rear of a single-family
residence so long as access to the carport is from an alley at the
rear of the property.
(d)
A carport that is located in front of a single-family residence or
within a side yard adjacent to a street shall be restricted to eight
(8) feet in height unless otherwise approved by the board of adjustment.
(e)
A carport that is located in the rear yard of a one-story single-family
residence shall be restricted to a height not to exceed the height
of the peak of the roof of the residence or fifteen (15) feet, whichever
is greater. A carport that is located in the rear yard of a two-story
(or greater) single-family residence shall be restricted to a height
of fifteen (15) feet.
(f)
All construction plans submitted for permit approval shall meet applicable
load span specifications required by the building code or bear the
stamp of an engineer licensed in the state.
(g)
These requirements shall apply only to carports constructed after
the effective date of this section.
(Ordinance 2014-05, sec. 4, adopted 7/8/14)
Where a building line has been established by special ordinance
and such line required a greater setback than is prescribed by this
article in the district in which the building line is located, no
building shall be erected closer to the street than the line so established.
(1977 Code, sec. 13-115)
Except as permitted in this article, no lot shall contain any
building used in whole or in part for residential purposes unless
such lot abuts for at least 30 feet on a street or officially approved
place which means of access shall have the minimum right-of-way width
of 35 feet.
(1977 Code, sec. 13-116)
Open and unenclosed building projections such as outside stairways
and fire escapes, balconies, terraces, or porches, awnings, eave and
roof extensions, and ornamental features may project into the required
yards for a distance not to exceed 4 feet, provided, however, that
no supporting structures for such extension may be located within
the required yards. In no such case shall such projections be located
closer than 3 feet from any lot line. Supporting members for stairways
and fire escapes only, however, shall be permitted within the required
yards.
(1977 Code, sec. 13-117)
(a)
A site plan is a plan of development drawn to scale indicating:
(b)
Where a site plan is required, a zoning permit shall not be issued
until a site plan of development has been approved by the building
official.
(c)
For any specific use permit application or whenever two or more main
buildings, or portions thereof, are placed upon a single lot or tract
and such buildings will not face upon a street or officially approved
place, a site plan shall be submitted to and reviewed by the planning
and zoning commission prior to being approved by the building official
for the purpose of issuing a zoning permit.
(d)
For any temporary use permit application, a site plan shall be submitted
to and reviewed by the board of adjustment prior to being approved
by the building official for the purpose of issuing a zoning permit.
(e)
The reviewing body (the planning and zoning commission or the board
of adjustment) may recommend disapproval of a site plan, or in recommending
approval of a site plan may require revisions of the proposed arrangement
of buildings, streets, parking areas, and ingress and egress. They
may recommend the installation of storm sewers, storm sewer inlets,
sidewalks, paving, platting of streets, protective screening and/or
additional open space for rights-of-way or other public use.
(f)
Disapproval, approval, or conditional approval of a site plan together
with all recommendations or revisions shall be indicated on the site
plan together with the date of review and the signatures of the chairman
of the reviewing body and the building official. This site plan shall
be the official copy and kept on file together with all previous site
plans.
(g)
A duplicate copy of the official site plan, disapproved, approved,
or conditionally approved, shall be given to the applicant together
with all the recommendations of the reviewing body.
(h)
The purpose of site plan approval is to determine compliance with
this article and to promote the orderly and harmonious development
of the city.
(1977 Code, sec. 13-118)
