[1]
Editor's note — Former § 118-711, which pertained to alcoholic beverages and derived from Ordinance 1874, 3/22/1993; Ordinance 2752, 11/24/2003, was repealed by Ordinance 3574, 3/25/2019.
The height regulations contained in the district regulations shall not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(Ordinance 1874, art. 6, § 615, adopted 3/22/1993)
(a)
For purposes of the regulations of this section, the following two types of auto shade covers are regulated:
(1)
Permanent.
A structure, permanently attached to the ground, with a rigid framework which supports a flexible membrane canopy that covers an area of 500 square feet, or more. The purpose of an auto shade cover is to provide shade and/or protection from hail over an area where automobiles, trucks, recreational vehicles, boats, and similar vehicles are displayed for commercial purposes.
(2)
Temporary.
A structure, that is easily moveable, which supports a flexible membrane canopy that covers an area less than 500 square feet. The purpose of an auto shade cover is to provide shade and/or protection from hail over an area where automobiles, trucks, recreational vehicles, boats, and similar vehicles are displayed for commercial purposes.
(b)
An auto shade cover may be constructed within a required front, side or rear yard where vehicles are displayed for commercial purposes, provided that the auto cover complies with the regulations contained in this section.
(c)
No advertising sign or logo shall be allowed on the shade cover canopy or shade cover structure.
(d)
No rigid metal, plastic or wooden canopy material shall be allowed for any shade cover canopy constructed under this section.
(e)
The placement of an auto shade cover shall not obstruct emergency access.
(f)
Shade cover structures shall not be enclosed.
(g)
Building permits shall be required for all permanent shade covers.
(h)
All shade covers shall be a solid subdued color.
(i)
All shade covers shall be maintained in like new condition, not faded or torn. Unsightly shade covers shall be removed.
(Ordinance 1874, art. 6, § 620, adopted 3/22/1993; Ordinance 2247, adopted 12/8/1997)
(a)
Generally.
No fence, screening wall, billboard, sign, structure, hedge, tree, or shrub shall be erected, planted or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility sight triangle. Within this triangle, vision shall be clear at elevations between 30 inches and nine feet above the average curb grade. The placement of utility poles or traffic control devices shall be regulated by the public works director. (See article IX of this chapter for illustration.)
(b)
Street intersections.
(1)
On corner lots where two residential streets the triangular area shall be formed by extending the property lines, from their point on intersection, a distance of 15 feet and connecting these points with an imaginary line, thereby making a triangle.
(2)
On corner lots where any combination of residential, C-2-U, C-4-U and larger collector streets intersect the triangular area shall be formed by extending the property lines, from their point of intersection, a distance of 70 feet in the directions of approaching (perpendicular) traffic and 15 feet in the direction parallel to the approach of the intersection and connecting these points with an imaginary line, thereby making a triangle.
(3)
In cases where streets do not intersect at approximately right angles, the public works director shall have the authority to vary these requirements as deemed necessary to provide safety for both vehicular and pedestrian traffic.
(c)
Driveway visibility triangles for commercial driveways.
No sign, including the pole of a sign, shall be erected or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility triangle located on each side of a commercial driveway which intersects with a public street right-of-way or public access easement. The triangular areas shall be formed by extending from the imaginary intersection point of the street right-of-way line with the relationship to the intersection; and 15 feet in the direction parallel to the approach of the intersection; and be clear at elevations between 30 inches and nine feet above the average curb grade. When a driveway intersects with a one-way street, a visibility triangle is only required on the oncoming traffic side of such driveway, unless traffic safety considerations dictate otherwise.
(Ordinance 1874, art. 6, § 622, adopted 3/22/1993; Ordinance 3068, § 2, adopted 9/14/2009)
(a)
Temporary buildings.
Nothing herein shall prohibit the placement of temporary portable buildings providing office space, sanitary facilities or storage of supplies or materials, or the erection of security fences on the site and during the period of any construction project upon application for and receipt from the building official or a permit. However, no manufacturing operation shall be conducted within a temporary or portable building when the product of such operation is to be transported off the site for use in construction at another location.
(b)
Outdoor display.
The outside display and outdoor retail sale of seasonal items may be permitted on those properties zoned C-1, C-2, I-1, and I-2. Such area shall be permitted to cover an amount of space equivalent to ten percent of the principal structure, up to and not to exceed 2,500 square feet of space. Additionally, no items shall be stacked higher than seven feet in height. The city enforcement officer may issue an approval for such outside display and outdoor sale when it is found that there is available adequate paved off-street parking area, as determined by the enforcement officer; and that the location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Outside display and outdoor retail sale exceeding 2,500 square feet requires a special use provision approved by city council.
(c)
Temporary holiday sales lots.
The temporary outside display and outdoor sale of Christmas trees, pumpkins or other seasonal holiday items may be permitted on those properties zoned LR, C-1, C-2, I-1, I-2 and U, for a period of 40 days prior to the specific holiday. The building official or his/her designee may issue a temporary use permit for such sale of both profit and non-profit businesses, when it is found that there is available adequate off-street parking area, either improved or unimproved, as determined by the building official of his/her designee; and that the location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the permit holder no later than ten days following the specific holiday.
(Ordinance 1874, art. 6, § 625, adopted 3/22/1993; Ordinance 2427, § 1, adopted 11/22/1999; Ordinance 2599, Ex. B, adopted 2/11/2002; Ordinance 2933, § 2, adopted 5/14/2007; Ordinance 3247, § 12, adopted 6/10/2013; Ordinance 3843, § 4, adopted 2/26/2024)
(a)
Allowed outdoor storage.
Outdoor storage areas are allowed for the purpose of storing goods for a nonresidential enterprise, on properties zoned C-1, C-2, OC, I-1, and I-2, by the occupants of businesses of such properties in accordance with all of this section's storage regulations. All outdoor storage areas shall meet each required district setback lines. Adequate screening has been provided in accordance with article VIII, screening and fencing regulations.
(b)
Permitted amount of outdoor storage area.
The location of outdoor storage areas shall be limited to the side or rear of the primary structure to which the facility belongs. Outdoor storage shall be prohibited on the roofs of structures. The outside storage area shall not exceed ten percent of the total lot area. The outside storage area shall not encroach upon the required off-street parking and maneuvering areas of the lot.
(c)
Special use permit for outdoor storage area.
The location of outdoor storage areas shall be limited to the side or rear of the primary structure to which the facility belongs. A special use permit (refer to division 6, article II of this chapter) authorized by the city council may allow the outside storage area to exceed ten percent of the total lot area not to exceed a maximum of 20 percent of the total lot area. The outside storage area shall not encroach upon the required off street parking and maneuvering areas of the lot. The stacking height of any items is limited to one foot below the required screening wall panel height.
(Ordinance 1874, art. 6, § 626, adopted 3/22/1993; Ordinance 2427, § 1, adopted 11/22/1999; Ordinance 2599, Ex. B, adopted 2/11/2002; Ordinance 3247, § 13, adopted 6/10/2013)
In connection with any permitted use on those properties zoned C-1, C-2, I-1, and I-2, there shall be allowed the incidental display of merchandise out of doors, subject to the following limitations:
(1)
All display areas out of doors shall be confined to a pedestrian walkway immediately adjacent to the front of the building housing the primary use and shall not extend from such building a distance of more than 12 feet. In no instance shall there be less than five feet of clear space on the walkway for pedestrian maneuvering.
(2)
All sales of such merchandise shall be consummated indoors, and no cash register or package-wrapping counter shall be located out of doors.
(3)
The maximum height of merchandise shall not exceed six feet.
(Ordinance 1874, art. 6, § 627, adopted 3/22/1993)
(a)
Primary structure required.
An accessory building or structure shall only be allowed where a primary building exists, except on land zoned AG agricultural.
(b)
Temporary accessory buildings and structures.
A temporary accessory building or structure shall be constructed in such a manner that it shall be portable, easily transportable, and capable of being moved without disassembly or damage and shall comply with the following:
(1)
Property location criteria: A temporary accessory building or structure may be placed on an adjacent lot or tract, provided that the two properties are contiguous, fenced as one lot, and under common ownership.
(2)
Applicable zoning districts: Temporary accessory buildings and structures shall be allowed in any residential district, or the AG agricultural district.
(3)
Front building line: A temporary accessory building or structure shall not be located in the front yard.
(5)
Rear building line: Three feet and may encroach a utility easement, but not a drainage easement.
(6)
Maximum height: 12 feet.
(7)
Maximum total floor area: 200 square feet.
(8)
Maximum number allowed: Two with minimum three-foot separation.
(9)
Effect on rear yard open space: Temporary accessory buildings or structures shall have no effect in calculating the rear yard open space requirement.
(10)
Use: A temporary accessory building shall not be used for business or dwelling purposes.
(11)
Masonry requirement: None.
(c)
Permanent accessory buildings and structures.
Permanent accessory buildings and structures include detached garages, storage sheds, gazebos, and similar structures that are constructed as an integral part of a concrete slab, concrete beam or with concrete piers. All permanent accessory buildings shall comply with the following standards:
(1)
Property location criteria: A permanent accessory building or structure shall be located on the same tract or lot as the primary building.
(2)
Applicable zoning districts: Permanent accessory buildings and structures shall be allowed in any zoning district.
(3)
Front building line: A permanent accessory building or structure shall not be located in the front yard.
(4)
Side building line: The side yard setback shall be the same as for the primary building structure.
Exception: In the R-1, RE-1, RE-2, R-2, R-3, R-4-D, and R-8 districts, side yard setback shall be as follows:
Building size | Side building line (interior) | Side building line (corner) |
|---|---|---|
500 square feet or smaller | 6 feet | 20 feet adjacent to street |
501 square feet or larger | 10 feet | 20 feet adjacent to street |
(5)
Rear building line: Ten feet or as required by the base zoning district, whichever is greater.
(6)
Maximum height: Permanent accessory buildings shall be limited to one story in height. The height is measured from ground level to the highest point of the roof surface.
Building size | Maximum wall height | Maximum building height |
|---|---|---|
500 square feet or smaller | 10 feet | 15 feet |
501 square feet or larger | 12 feet | 25 feet |
(7)
Maximum floor area: The building may include an attic or loft provided the attic or loft does not contain heated or air conditioned space. Square footage within an attic or loft shall be excluded from the calculation of the maximum floor area.
Lot size | Maximum floor area |
|---|---|
20,000 square foot lot or smaller | 500 square feet |
20,001 square foot lot or larger | Equivalent of 2.5 percent of the lot area |
(8)
Maximum number allowed: One.
(9)
Effect on rear yard open space: Permanent accessory buildings and structures shall have no effect in calculating the rear yard open space requirement.
(10)
Use: An accessory building shall not be used for business or dwelling purposes in any residential zoning district.
(11)
Easements: A permanent accessory building or structure shall not be located within a utility, access, or drainage easement.
(12)
Design criteria:
a.
Roof pitch: Roofs shall have a minimum pitch of 4:12 on each side of the ridge.
b.
Masonry requirement: The structure shall conform to the masonry requirement of the base zoning district.
c.
Detached garages: Buildings used as detached garages or for the parking of vehicles shall include a concrete driveway that connects to the street. The minimum distance between a garage entry and a side or rear property shall be 22 feet.
(13)
Special use permit provision for lots of 40,000 square feet or more. Accessory buildings located on lots of 40,000 square feet or more may request a special use permit for the purpose of varying from the maximum floor area, height limit, pitch of roof, concrete access to a public street and masonry requirements contained herein. Permanent accessory structures may not exceed the square footage of the primary residence. The cumulative square footage of all accessory buildings is limited to five percent of the total lot or tract area.
(d)
Carport regulations.
A carport shall comply with the following:
(1)
Property location criteria: A carport shall be located on the same tract or lot as the primary structure.
(2)
Applicable zoning districts: A carport shall be allowed in any zoning district.
(3)
Front building line: A carport shall not extend beyond the front building line.
(4)
Side building line: Side yard setback shall be the same as for the primary structure.
Exception: In the R-1, RE-1, RE-2, R-2, R-3, R-4-D, and R-8 districts, side yard setback shall be as follows:
(5)
Rear building line: Ten feet rear yard setback the same as for the primary structure.
(6)
Maximum height: 15 feet.
(7)
Maximum size: 360 square feet.
Exception: In the R-7-MF district there shall be allowed a maximum of 180 square feet per covered parking space.
(8)
Maximum number allowed: One.
Exception: In the R-7-MF district: unrestricted.
(9)
Vehicle parking surface: A carport shall be on concrete and have concrete access to a public street.
(10)
Effect on rear yard open space: A carport shall have no effect in calculating the rear yard open space requirement.
(11)
Use: A carport shall not be used for business or dwelling purposes in any residential zoning district.
(12)
Carport entry distance: Minimum distance between a side or rear property line and a carport entry shall be 22 feet.
(13)
Design criteria:
a.
Pitch of roof: Flat or nearly flat roofs are not permitted. The pitch of the roof shall be a minimum of at least four vertical to 12 horizontal (4:12) on each sides of the ridge, or be architecturally designed so as not to appear flat.
b.
Posts: Common metal posts are not permitted. The structure shall have masonry or other alternative architecturally enhanced materials.
(e)
Secondary living unit.
A second single-family residential living unit with kitchen facilities, also known as a mother-in-law unit or granny flat, located on the same lot as the primary living unit shall comply with the following requirements:
(1)
Use. The secondary living unit is only for use by domestic persons and their family or a relative of the occupants of the primary living unit. This unit shall not be rented or leased and shall not have a separate utility meter.
(2)
Connection to primary residence. Secondary living units shall be constructed no more than 25 feet from the primary living quarters and be connected by a breezeway a minimum of six feet wide, attached to the roofline.
(3)
Architecture. The unit must be of the same architectural style as the primary structure and meet all standards as applied to the primary structure except: the requirement for minimum gross living area; the requirement for a garage/carport; and the off-street parking requirements.
(4)
Maximum total floor area: 650 square feet.
(5)
Special use permit provision: Modifications to or deviations from the standards related to the connection to the primary residence, architecture, or maximum total floor area may be approved through approval of a special use permit.
(f)
Solar panel systems.
Solar panel systems which meet all applicable building codes as well as the following standards shall be permitted in any zoning district only after issuance of a building permit.
(1)
Roof mounted solar panel systems:
a.
Location: Roof mounted solar panel systems may be located on any roof slope. Solar panels may not extend beyond roof edges. See Figure I-14: Roof-Mounted Solar Panel Location Standards.
b.
Maximum height, pitched roof: Roof mounted solar panel systems shall have a top edge that does not project above the roofline, shall conform to the slope of the roof, and shall not exceed an 8-inch separation between the roof and the system. See Figure I-14: Roof-Mounted Solar Panel Location Standards.
c.
Maximum height, flat roof: Solar panel systems mounted on flat roofs shall not exceed the maximum height permitted within the zoning district and shall be screened in accordance with section 118-877(a), mechanical equipment screening for nonresidential uses and nonresidential zoning.
(2)
Ground mounted solar panel systems. Ground mounted solar panel systems shall comply with all standards for permanent accessory buildings and structures, except:
a.
Roof pitch and masonry requirement shall not apply.
b.
Screening required: An opaque screening fence shall be provided to screen the system from adjacent properties.
c.
Maximum height: Shall not exceed the height of the required opaque fence and in no case shall exceed eight feet.
d.
Long lengths of conduit and wiring associated with the system's connection to the primary electrical panel shall be placed underground.
(3)
Special use permit provision. Properties not able to justifiably meet the criteria provided herein may apply for a special use permit.
(4)
Maintenance, removal of unsafe or inoperable solar panel systems. A solar panel system shall be maintained in compliance with standards contained in applicable building codes so as to ensure the structural integrity and operability of the system and its underlying roof if roof mounted. If upon inspection by the building official the system is determined not to comply with the code standards, is inoperable, or constitutes a danger to persons or property and the system is not made safe or removed within 60 days of notification from the city notifying the owner of the unsafe or inoperable system, the owner will be considered in violation of this ordinance. Any solar panel which is visibly damaged by hail or other debris shall be removed or replaced within 60 days of notification.
(5)
Pre-existing solar panel systems and nonconforming uses. A solar panel system operative prior to the effective date of the ordinance from which this section is derived and which may not meet all the regulations of this section shall be allowed to continue its present usage as a nonconforming use and shall be treated as a nonconforming use in accordance with this chapter. Routine maintenance shall be permitted on the existing system. New construction other than routine maintenance on an existing solar panel system shall comply with the requirements of this article.
(Ordinance 1874, art. 6, § 630, adopted 3/22/1993; Ordinance 2367, adopted 2/22/1999; Ordinance 3068, § 3, adopted 9/14/2009; Ordinance 3343, § 4, adopted 12/8/2014; Ordinance 3358, § 1, adopted 5/18/2015; Ordinance 3381, § 6, adopted 11/9/2015; Ordinance 3492, § 1, adopted 12/11/2017; Ordinance 3837, §§ 19, 20, adopted 1/22/2024)
[1]
Editor's note — Former § 118-719, which pertained to additional accessory building requirements for the AG agricultural and R-1-S special residential zoning districts and derived from Ordinance 1874, adopted 3/22/1993; Ordinance 2367, adopted 2/22/1999; and Ordinance 2895, adopted 7/24/2006, was repealed by Ordinance 3343, 12/8/2024.
Mechanical equipment shall be screened in accordance with article VIII, screening and fencing regulations.
(Ordinance 1874, art. 6, § 645, adopted 3/22/1993; Ordinance 2427, § 1, adopted 11/22/1999; Ordinance 2577, adopted 10/22/2001)
Fences, walls, poles, posts, customary fixed yard accessories and ornaments may be permitted in any minimum required yard, subject to height limitations and requirements limiting obstruction of visibility.
(Ordinance 1874, art. 6, § 650, adopted 3/22/1993)
(a)
No swimming pool shall be constructed until a building permit has been issued therefor, and shall not be used until a certificate of occupancy has been issued. No building permit and no final certificate of occupancy shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and state health department regulations.
(b)
All swimming pools shall comply with the following requirements:
(1)
The pool shall not be located in a front or side yard except on irregular and/or cul-de-sac lots where the city enforcement officer may approve a permit for side yard use.
(2)
The pool shall have a wall or fence, not less than six feet in height, with self-latching gates at all entrances, and completely enclose either the pool area or the surrounding yard area.
(3)
All pool lighting shall be shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, those direct rays from the lights shall not be visible from adjacent properties.
(4)
No audio system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent the use of a public address system, which is necessary or useful to the supervision of the pool and the safety of swimmers.
(Ordinance 1874, art. 6, § 655, adopted 3/22/1993)
[1]
Editor's note — Former § 118-723, which pertained to garage sales and derived from Ordinance 1874, 3/22/1993, was repealed by Ordinance 3843, 2/26/2024.
(a) Corner lot Front yard Improved surface Rear yard Recreational vehicle Side yard
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
means a property located at the intersection or confluence of two or more streets where public street rights-of-way are adjacent to at least two connected sides of the lot.
means the area extending across the front of a lot from one side property line to the other side property line and between the front of the main building or structure and the front property line.
means concrete, asphalt or concrete paver surface meeting the standards as established by the director of public works.
means the area extending across the rear of a lot from one side property line to the other side property line and between the rear of the main building or structure and the rear lot line.
means a vehicle designed and used primarily for recreational purposes. A recreational vehicle shall include, but not be limited to, a motor home, a trailer with living accommodations, a camper, a boat, a trailer, jet ski, four wheeler, fifth wheel trailer, animal carrier trailer, or camper shell or top.
means the area between the side of the main building or structure and the closest side property line.
(b)
Except as allowed by (c) hereof, no major recreational equipment shall be used for living, sleeping, home occupation, or household purposes when parked or stored on a residential lot, or in any other location not permitted for such use.
(c)
A person or persons who are not residents of the property may use a recreational vehicle lawfully parked in a driveway of property zoned and developed limited to residential use for up to 16 consecutive days in any calendar year.
(d)
Except as allowed by (c). above, no more than one recreational vehicle shall be allowed in the front yard of any residence. Such vehicle shall only be allowed on a driveway or an improved surface and shall only be allowed if parked at right angles to the street on which the residence fronts.
(e)
Except for recreational vehicles located as permitted by (d) hereof, recreational vehicles shall not be allowed between the closest point of the residence and the street on which such residence fronts.
(f)
Up to one recreational vehicle may be stored in one side yard if on an improved surface.
(g)
Recreational vehicles may be stored in rear yards if either on an improved surface large enough to accommodate such vehicles or screened from public view by a solid fence at least six feet in height.
(Ordinance 1874, art. 6, § 665, adopted 3/22/1993; Ordinance 2800, § 1, adopted 9/13/2004)
(a)
No part of a residential front yard shall be used for parking or storage of any motorized vehicle, boat or trailer unless said vehicle is parked on a hard-paved surface of concrete or asphalt not less than nine feet by 18 feet, and the motorized vehicle, boat or trailer is currently licensed and operable.
(b)
No part of a residential front yard shall be used for the storage of any object or material.
(c)
No part of any residential side yard shall be used for the parking or storage of any motorized vehicle, boat, trailer, object or material unless it is screened from view of public streets and adjacent property by not less than a six-foot solid fence.
(Ordinance 1874, art. 6, § 670, adopted 3/22/1993)
The following regulations are intended to control the contamination of the air, water, or the environment, and to safeguard the health, safety and welfare of the people. All disposal of waste materials shall meet all the requirements of city, state and federal regulations and laws. No machines, process or procedures shall be employed on any property in the city, in which:
(1)
Emission of radioactivity, electromagnetic disturbances, smoke, dust, noxious, toxic or lethal gases are detectable beyond the perimeter of the property.
(2)
Materials are stored or accumulated in such a way that they may be carried by rainwater in natural drainage channels beyond the limits of the property; which are noxious, toxic, radioactive, contain oil or grease, wood or cellulose fibers, hair, feathers, plastic; or have a pH factor above nine or below five.
(3)
Vibration is discernible beyond the property line.
(4)
Direct glare is discernible beyond the property line.
(Ordinance 1874, art. 6, § 675, adopted 3/22/1993)
Customary home occupations are those ordinarily carried on in a home which are not detrimental or injurious to adjoining property or offensive for reasons of odor or noise, providing that all such uses are located in the dwelling, that the home is the primary residence of the persons operating such business, and that no persons that are not residents and members of the family residing in such premises are employed, and no signs advertising such home occupation are displayed. "Primary residence" shall be deemed to mean a residence where the residents sleep a majority of the time.
(a)
Physical appearance and visible evidence.
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. No production of additional solid waste considered typical for single family uses. No outdoor assembly of employees, clients or equipment at home residences. All storage of supplies and business materials for home based businesses shall not be allowed in accessory or detached structures and shall be limited to the living portion of a house or its attached garage.
(b)
Traffic and parking.
This use must not increase normal automobile vehicle traffic in the neighborhood and not require additional on-street or off-street parking in order to conduct business. Parking of vehicles for customers of allowed home occupations shall be limited to the driveway of such premises or along the curb immediately adjacent to such premises. No employee parking allowed. More than two vehicles per hour or more than ten total vehicles per day shall be assumed to be excessive.
(c)
Incidental to residential living.
This use shall be deemed incidental and shall never be permitted as a principal use, but only as a secondary use, and shall never involve the conducting of a retail business, except as provided in (1)f. below.
(1)
Customary home occupation may include, but are not limited to:
a.
The office of an accountant, bookkeeper, architect, lawyer, engineer or professional consultant who renders services in a home office over the telephone and online and has personal contacts with customers off-site;
b.
Musician, artist, private tutoring or any allowed home based business with on-site customers limited to the hours of 8:00 a.m. to 8:00 p.m.;
c.
Telecommuting. (The practice of working from home for a business and communicating through the use of a personal computer equipped with modem and communications software.);
d.
The care of not more than four children not related by blood, marriage or adoption; provided that a registered family home or a group day care home registered with the appropriate agency authorized by the state to license family homes may care for not more than 12 children;
e.
Dressmaker;
f.
Limited direct sales of household cleaning products, cosmetics, vitamins, and jewelry by hosting an in-home social gathering.
(2)
Customary home occupations shall not include the following:
a.
Barbershops, beauty shops, hairdressers, catering;
b.
Carpenter shop, electrical shop, plumbing shops, HVAC or mechanical repair, contractor's offices;
c.
Radio and/or TV shops, electronics repair, computer repair;
d.
Real estate sales office, insurance office;
e.
Auto repairing, furniture repairing or similar uses;
f.
Banks or lending agencies;
g.
Physicians, dentists, optometrists, social or psychological counseling, massage therapist, chiropractic offices or other uses of a similar nature and character.
(Ordinance 1874, art. 6, § 695, adopted 3/22/1993; Ordinance 2174, adopted 1/27/1997; Ordinance 3146, § 1, adopted 7/11/2011)
(a)
Purpose.
The purpose of this section is to provide regulations for outdoor lighting that will:
(b)
Conformance with applicable codes.
All outdoor lighting shall be installed in conformance with the provisions of this section, applicable electrical and energy codes, and applicable sections of the building code.
(c)
Applicability.
The provisions of the outdoor lighting regulations provided in this section shall apply in the following situations:
(1)
When an existing property is proposed for remodeling, alteration, addition, or expansion, in which the value of the proposed construction exceeds 50 percent of the current appraised value of the existing improvements, excluding the value of the land;
(2)
When an existing property is proposed for a single addition or cumulative additions after January 14, 2013 that increases the number of dwelling units, gross floor area, seating capacity, or parking spaces by 30 percent or more;
(3)
Upon all new development, redevelopment, construction or new luminaire installation.
(d)
Nonconforming luminaires.
(1)
Except as otherwise noted above, all exterior lighting luminaires in existence and legally installed and operative on or before January 14, 2013, shall be exempt from the requirements of this section and shall be considered legally nonconforming.
(2)
Except as otherwise noted above, legal nonconforming luminaires may be repaired, maintained and replaced.
(e)
General requirements for single-family and duplex residential property.
(1)
All luminaires shall be placed so as to not cause light trespass or glare beyond the property boundary.
(2)
Any luminaire installed on a residential property shall be shielded such that glare from the light source is not directly visible from six feet above grade on any other residential property line.
(3)
Flood or spotlights shall be aimed no higher than 45 degrees above straight down when the fixture is visible from any other residential property or public right-of-way.
(4)
All light fixtures shall be located, aimed or shielded so as to minimize light trespass.
(f)
General requirements for nonresidential and multifamily property.
(1)
Uplight/skyglow limitation.
Except as otherwise permitted in this Section, all luminaires shall utilize a full-cutoff or fully-shielded design, so as to have no light emitted above 90 degrees. See Figure I-11, article IX, "Examples of Fully Shielded Luminaires," for examples.
(2)
Light trespass limitation.
a.
Residential adjacency.
The following shall apply to all luminaires located on a property adjacent to a property zoned for residential use, designated on the Comprehensive Land Use Plan for residential use, or used or subdivided for residential use.
1.
The light source (bulb or lamp) of the luminaire shall be completely shielded from direct view of at a point three feet above grade on the adjacent property line.
2.
All luminaires shall be designed or positioned so that the maximum illumination at the adjacent property line shall not exceed one-quarter foot-candle.
b.
Right-of-way adjacency.
The following shall apply to luminaires located on a property adjacent to public right-of-way:
1.
The light source (bulb or lamp) of a luminaire shall be completely shielded from direct view of at a point six feet above grade on the right-of-way line.
2.
All luminaires shall be designed or positioned so that the maximum illumination at the property line adjacent to a street right-of-way shall not exceed one-half foot-candle.
c.
In all other circumstances, luminaires shall be designed or positioned so that the maximum illumination at the property line shall not exceed one foot-candle.
(3)
Lighting type.
a.
Color temperature.
The light source (bulb or lamp) shall have a minimum color temperature rating of 2,700 Kelvin and a maximum of 5,700 Kelvin, as provided by the manufacturer's specifications.
b.
Color rendition.
The light source (bulb or lamp) shall have a minimum Color Rendering Index (CRI) rating of 50, as provided by the manufacturer's specifications.
(4)
Location, height and quality criteria for luminaires.
The following criterion for luminaires applies to all outside lighting on a property.
a.
Landscape setback areas. Luminaires are prohibited in landscape setback areas as established in chapter 114 of the Code of Ordinances. Landscape lighting fixtures used to accent landscaping are exempt from this requirement so long as the fixtures are aimed and shielded to minimize light spill into the night sky and glare into adjacent uses and rights-of-way.
b.
Luminaires are permitted to be a maximum of 30 feet in height.
c.
When a luminaire is located within 100 feet of a property zoned for residential use, designated on the Comprehensive Land Use Plan as residential, or used or subdivided for residential use, the maximum permitted height shall be 20 feet.
d.
Material and color. Neither concrete nor wood poles shall be used for the support of freestanding luminaires. Poles shall be low reflectance, subtle, neutral, or earth tone colors or original factory metal finish. The use of high intensity, primary or fluorescent colors shall be prohibited.
(5)
Lighting control requirements.
a.
Automatic switching requirements. Controls shall be provided that automatically extinguish all outdoor lighting when sufficient day light is available using a control device or other system conforming to the current adopted electrical and/or energy code.
b.
Automatic lighting controls are not required for lighting under canopies or lighting for tunnels, parking garages, garage entrances, and similar conditions.
(6)
Architectural and landscaping lighting.
Outdoor lighting used to illuminate flags, statues, signs or other objects mounted on a pole, pedestal or platform, spotlighting or floodlighting used for architectural or landscape purposes, must use full cutoff or directionally shielded lighting fixtures that are aimed and controlled so that the directed light is substantially confined to the object intended to be illuminated.
(7)
Luminous tube lighting.
The following standards shall apply to luminous tube lighting.
a.
Location. Luminous tube lighting may be attached to the exterior of a building as an architectural detail to reinforce specific elements of the structure, subject to the following conditions.
1.
The lighting may be attached to the roofline, parapet, cornice, eave, canopy, or other building element or architectural detail. The lighting must be mounted at least eight feet above grade and no higher than top edge of the roofline, eave, or building element.
2.
The lighting shall not be attached to or used to outline windows, doors, building columns, poles, or ground signs. The lighting shall not be attached to vertical corners of the building or along roof hips and/or ridge lines.
b.
Residential adjacency. When luminous tube lighting is located within 100 feet of a property zoned or used for a residential use, the maximum permitted installation height shall be 20 feet, regardless of the height of the roofline or eaves.
c.
Shielding. Luminous tube lighting must be shielded or shrouded with an opaque, semi-opaque or translucent housing or building element. Unshielded or exposed lighting or the combination of lighting with any reflective materials is prohibited.
d.
Color and motion. Light output must be of constant intensity and uniform color. If the luminous tube lighting fixture uses LED or similar technologies that allow for the color of the light to change, the color may change not more frequently than once every 60 seconds. Pulsing, flickering, moving, or flashing lights, or displays of multiple colors is prohibited.
e.
Special use permit provision. Modifications to or deviations from the standards related to luminous tube lighting may be made only after approval of a special use permit.
(8)
Exterior lighting plan required.
The following exterior lighting information must be included with all site plan submissions. Such information shall be prepared by a certified engineer, architect, landscape architect or lighting engineer:
a.
Plans indicating the location of the exterior lighting on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices.
b.
Description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices. The description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required) and height of the luminaires.
c.
A statement from the property owner, developer, or agent and the preparer of the lighting plan that exterior lighting depicted on the lighting plan will comply with the requirements of this section after installation.
d.
Photometric plan and data sheets showing the angle of cut off or light emissions in footcandles across the entire property and at the property lines.
1.
A waiver to the photometric plan requirement may be granted by the development review committee upon request for certain small-scale, low-impact developments so long as the other submittal requirements of this subsection are met.
(g)
Prohibited.
(1)
"Cobra head" type lighting fixtures having dished or "drop" lenses or refractors which house other than incandescent light sources shall be prohibited.
(2)
Flickering, flashing, rotating, pulsing, moving or alternating colored light sources shall be prohibited.
(3)
Searchlights, lasers and other high-intensity narrow-beam fixtures.
(h)
Exemptions.
The following are exempt from the standards contained in this section, provided that such luminaires do not cause excessive and disabling glare.
(1)
Lighting within public right-of-way for the principal purpose of illuminating streets or roads.
(2)
Lighting solely for internally illuminated signs (See chapter 106 of the Code of Ordinances for additional sign regulations).
(3)
Incandescent light bulbs of 75 watts or less used for architectural lighting.
(4)
Repairs to existing luminaires not exceeding 30 percent of total installed luminaires.
(5)
Temporary lighting for theatrical, television, performance areas and construction sites.
(6)
Underwater lighting in swimming pools and other water features.
(7)
Temporary lighting and decorative seasonal lighting provided that individual lamps are less than 10 watts and 70 lumens.
(8)
Residential party lights for social gatherings. Such temporary outdoor lighting includes, but is not limited to, strings of lights and/or lanterns.
(9)
Specific outdoor recreational facilities (public or private), such as, but not limited to, playing fields, courts, amusements, or show areas; provided that lighting for these outdoor recreational uses shall be shielded to minimize glare and light trespass onto adjacent residential property to the greatest extent possible and any applicable special use permit requirements associated with the facility are met as necessary.
(10)
Lighting that is used by federal, state, county or local authorities and their authorized representatives under emergency conditions or to perform nighttime road construction on major thoroughfares.
(11)
Lighting required by federal, state, county or local laws or regulations.
(12)
Lighting approved by a special use permit, planned development zoning district, or other lighting standards specifically created for a particular zoning district that does not otherwise meet the provisions of this section.
(i)
Enforcement.
The chief building official, or his/her designee, shall administer and enforce the provisions of this section relating to outdoor lighting.
(Ordinance 1874, art. 6, § 696, adopted 3/22/1993; Ordinance 2114, adopted 4/8/1996; Ordinance 2599, Ex. B, adopted 2/11/2002; Ordinance 3229, § 2, adopted 1/14/2013; Ordinance 3491, § 3, adopted 12/11/2017)
(a)
For any property requiring a special use permit for detention/retention pond, the following minimum criteria shall apply:
(1)
Public works/engineering approval is required for all detention/retention pond designs, and all other relevant ordinances apply.
(2)
Pond outlet structures shall be located at least 50 feet from a property line.
(4)
Depth.
a.
Retention basin: The minimum depth of the retention basin shall be four feet from the normal pool elevation to the bottom between the toe of slopes. The maximum depth of a retention basin shall be no greater than ten feet.
b.
Detention basin: The maximum depth of detention storage basins shall not exceed ten feet.
(b)
Landscaping is required to accompany all detention/retention ponds.
(Ordinance 3234, § 3, adopted 1/14/2013)