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Article 4 – Supplementary District Regulations

 

ARTICLE 4

SUPPLEMENTARY DISTRICT REGULATIONS

Section 401.  Additional Yard Requirements.

The following yard requirements shall be observed in addition to yard requirements of the various zoning districts (see Figure 1):

1.      On corner lots there shall be a front yard on both streets when required. On corner lots that are lots of record, the buildable width shall not be reduced to less than twenty-eight (28) feet.  In no instances shall any side yard of a corner lot be reduced to less than five (5) feet in a residential district.

2.      On double frontage lots, a front yard shall be provided on both streets.

3.      Required front yards shall be devoted entirely to landscaped area or open space except for the necessary paving of driveways and sidewalks to reach parking or loading areas in the side or rear yard, however, an open, unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet.  An enclosed vestibule containing not more than forty (40) square feet may project into a required front yard for a distance not to exceed four (4) feet.

4.      Filling station pumps and pump islands may be located in required yards where their use is permitted, but not closer than twelve (12) feet to any property line.

5.      All yard requirements shall be measured to the building overhang with the exception that ornamental features, sills, chimneys and cornices, air conditioning units may project into a required yard a distance not to exceed twenty-four (24) inches.

6.      Any permitted structure may be reconstructed on existing locations which do no meet setback requirements provided the new structure is not closer to any property line than existing foundation or building lines and there is no protest of adjacent property owners.

7.      The front and side yard of any occupied lot of record which does not comply with this ordinance shall be determined by the average setback of existing adjacent buildings on lots within three hundred (300) feet and located on the same side of the street, or by the City Council.

Section 402.  Visibility at Intersections.

On a corner lot in any district, nothing shall be constructed, placed, planted, or allowed to grow in such a manner as to impede traffic visibility of the street intersection.

Section 403.  Accessory Buildings.

No accessory building which is attached to or within ten (10) feet of a principal structure shall be erected in any required yard, and no separate accessory building shall be erected within three (3) feet of any side or rear lot line except that when a garage is entered from an alley it shall not be located closer than twenty (20) feet to the alley line.  Accessory buildings may be located in a rear yard, but may not occupy more than thirty percent (30%) of a rear yard and shall not be used for dwelling purposes.

Section 404.  Erection of More Than One Principal Structure on a Lot.

In any district, more than one principal structure housing a permitted use may be erected on a single lot, provided that yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot.

Section 405.  Exceptions to Height Regulations.

The height limitations contained in the District Regulations shall not apply to church steeples, antennas, water storage tanks, ventilators, grain elevators, chimneys, or other accessories usually required to be placed above the roof level and not intended for human occupancy.

Section 406.  Structures to Have Access.

Every building constructed or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

Section 407.  Fences.

Fences up to four (4) feet in height may be located on any part of a lot and fences up to six (6) feet in height may be erected on those parts of a lot that are as far back or farther back from the street than the main building.

Section 408.  Manufactured Homes.

No manufactured home shall be parked and occupied on any property outside an approved manufactured home park or subdivision unless it is constructed on a permanent foundation.  The manufactured home shall be aesthetically compatible with neighboring dwelling units, including but not limited to the following factors: width, length, area, number of stories, siding and roofing materials, roof style and pitch, and condition.

If a manufactured home is located outside a manufactured home park or subdivision prior to the effective date of this ordinance and is thereafter removed from its location, another manufactured home shall not be permitted to replace the existing manufactured home.

Section 409.  Manufactured Home Parks/Subdivisions.

A manufactured home park or subdivision may be established in specified districts according to the procedures for granting a conditional use, provided, that the proposed manufactured home park or subdivision meets all the following requirements;

1.      The site far a manufactured home park shall be at least two (2) acres, and shall not exceed seven (7) lots  per gross acre.

2.      Each manufactured home unit shall be located on a lot having an area of not less than 6,000 square feet.

3.      Each manufactured home lot shall have a minimum lot width of sixty (60) feet.

4.      Each manufactured home shall be at least twenty-five (25) feet from any adjacent manufactured home.  Any extensions, porches, decks, lean-tos, or other extensions are considered to be a part of the attached manufactured home for the purpose of determining the twenty-five (25) foot minimum distance.  In determining minimum yard requirements, distances shall be measured from the lot lines in the same manner as lots which are on public right of way.

5.       Each manufactured home lot shall face a clear, unoccupied roadway or street, such roadway or street having a driving surface at least twenty-four (24) feet in width.

6.      The manufactured home park shall be located on a well-drained area, and the premises shall be properly graded to prevent the accumulation of storm or other waters.

7.      These requirements shall not apply to automobile or manufactured home sales lots onwhich unoccupied manufactured homes are parked for purposes of inspection and sale.

8.      Any manufactured home over fifteen (15) years old may not be sold and kept in a manufactured home park.

9.      No manufactured home over ten (10) years old shall be moved into the manufactured home park.

Section 410.  Off-Street Parking Requirements.

Off-street parking spaces for motor vehicles shall be provided on any lot on which any of the following indicated uses are established.  In the event the required off-street parking cannot be accommodated on the same lot as the principal structure or use, the City Council may permit such parking to be provided n other off-street property within three hundred (300) feet of the lot it serves.  In no case shall off-street parking spaces be located in required front yards of any residential zoning district.

Use or Structure                                                              Minimum Off-Street Parking Requirements

Single-family and two family dwellings                     One (1) space for each dwelling unit

Multi-family dwellings                                                  Two (2) spaces for each dwelling unit

Section 411.  Performance Standards.

To be a permitted use or conditional use in the Industrial District (I-1), such use shall meet the following performance standards:

1.      All operations shall be carried on within an enclosed building except that materials or equipment in operable condition may be stored in the open.

2.      No operation shall involve the use or storage of highly flammable gasses, liquids, or other fire hazards in an illegal manner.  This provision shall not prohibit the use of normal heating fuels, motor fuels, or welding gasses.

3.      No operation shall be carried on which involves the discharge into a sewer or water course liquid wastes of any radioactive nature or liquid wastes which ar harmful to normal sewage plant operations or corrosive to sewer pipes and installations.

4.      Activities shall be prohibited which do no meet Federal and State air quality and water quality standards, including excess emission of contaminants, smoke, odors, gasses, noise and vibrations.

Section 412.  Signs.

No private sign shall be erected or maintained which creates a hazard due to collapse, fire, collision, decay or abandonment; or which creates traffic hazards by confusing or distracting motorists, or by impairing the driver’s ability to see pedestrians, obstacles, or other vehicles, or to see and interpret any official traffic sign, signal, or device; or which creates a nuisance to persons using the public right-of-way; or which constitutes a nuisance to occupancy of adjacent and contiguous property by its brightness, size, height or movement.  Signs shall be permitted in all zoning districts subject to the following provisions:

1.      Wall signs may be located anywhere on the wall of a building.

2.      Projecting signs and canopies shall have a minimum clearance of ten (10) feet above grade level about any yard or sidewalk and sixteen (16) feet above any road or drive.

3.      Freestanding signs shall not project over public property and shall not be erected within the area of a corner of two intersecting streets with such size and spacing as to obstruct the view of said intersection.

4.      Any other requirements as authorized by the City Council.

Section 413.  Home Occupations.

Home occupations shall be allowed as a conditional use in the authorized zoning districts subject to the following conditions:

  1. There is no person employed other than members of the family residing on the premises.
  2. There is no display, outside storage or other indication that will suggest from the exterior that the building or premises is being utilized in whole or in part for any purpose other than that allowed in the zoning district.
  3. There is customer volume no greater than that which can be handled at all times without expanding off-street parking facilities and create no traffic volume beyond that normally found in the zoning district.
  4. There will be no equipment or process which will create noise, glare, vibration, fumes, odors, or electrical interference detectable to normal senses off the premises.
  5. There is used no sign other than one non-lighted sign not more than four (4) square feet in area attached to the building wherein said home occupation is carried on.

Section 413. Home Occupations.  Home occupations shall conform to the following standards:

1.           Minor home occupations. All home occupations shall meet the following criteria and standards:

A. The occupation shall be conducted entirely within a dwelling and must be clearly secondary to its use as a                                      residence.

Exception: Family day care occupations may extend into a connected fenced area on the same lot for outdoor                                 recreational activities by the children.

B. The occupation shall be primarily owned and operated by one (1) member of the family residing in the dwelling.

C. Employees of the occupation shall be limited to residents of the dwelling and one (1) non-resident employee, not to                       exceed three (3) employees working on site at any given time. The primary owner and operator of the occupation                         does not count as an employee for purposes of this calculation.

D. The operation of the home occupation shall not cause or encourage excess vehicular or pedestrian traffic not                                 ordinarily associated with the residential area in which the home occupation is conducted.

E. Merchandise offered for sale shall be clearly incidental to the home occupation provided however, that, orders may                     be taken for later delivery off the premises.

F. On-premises advertising shall be limited to one (1) non-illuminated sign not exceeding two (2) square feet. The legend                   shall show only the name of the occupant and type of occupation and shall be neutral in color.

G. Such occupations shall not require substantial internal or external alterations or involve construction features not                        customary in a dwelling. No home occupation shall require external alteration of the residence or other visible                              evidence of the conduct of such home occupation.

H. No toxic, explosive, flammable, combustible, corrosive, radioactive, or other restricted materials shall be stored on                      site. This does not preclude any substances commonly available to consumers including, but not limited to, varnishes,                  paints, cleaning products, etc.

I. No activity shall be conducted which would interfere with radio or television transmission in the area, nor shall there                 be any offensive noise, smoke, dust, or heat noticeable beyond the premises.

J. Home occupations shall be restricted to the hours of 6:00 a.m. to 9:00 p.m.

2.         Major home occupations.  Any proposed home occupation which does not meet the criteria as established in Section 413(1) is deemed a major home occupation and shall require a conditional use permit in conformance with Article 6.  Amended 8/7/19  Ordinance 2019-2

Section 414.  Septic Systems.

A wastewater-carriage system may not be installed or operated on a lot which is smaller than 43,560 square feet (1 acre).