(a)

Except as permitted in subsection (c) of this section, only the following walls and fences are permitted in the front yard of a residential district:

(1)

Retaining walls.

(2)

Split rail type fences, which feature vertical wood posts connected with horizontal wooden rails or boards which are spaced at least eight inches apart. Said fences shall not exceed four feet in height. Vinyl or plastic fencing components which are designed to appear as wood may also be used.

(3)

Picket fences which do not exceed 48 inches in height.

(4)

On corner lots a privacy wall or fence may extend from the front most corner of the primary structure running parallel to the public right-of-way to the lot or parcel line.

(b)

In the institution, office, business and manufacturing districts, all privacy walls and fences located within the front yard and parallel, or approximately parallel to a public right-of-way shall be separated from said right-of-way by a landscaped strip at least ten feet wide that meets the requirements of section 111-265(c).

(c)

Privacy walls and fences shall not be located between the front of a dwelling and any public street. However, as a special use exception as allowed by the board of zoning adjustment, privacy walls and fences may be located within that portion of a front yard that is located between the rear or side of a dwelling and a public street, subject to the following restrictions:

(1)

All such privacy walls shall be constructed of masonry, with a masonry or brick surface.

(2)

All such privacy fences shall have a finished surface facing the public street and shall have a landscaped strip at least four feet wide, located between the fence and public street right-of-way. The landscaped strip shall not be located within right-of-way and shall be planted with a combination of shrubs and shade trees. All plant material shall be drought resistant or irrigated, and shall be maintained in perpetuity by the owners.

(d)

No fence, structure or planting shall obstruct visibility of persons driving vehicles in the public right-of-way.

(Code 2005, § 122-141; Ord. No. 99-010, art. VII, § 1.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005 ; Ord. No. 160411-021, § 7, 4-11-2016)

(a)

Building materials, temporary structures or construction debris or trash shall not be placed or stored on any lot or parcel before appropriate building permits have been approved and issued for the premises by the building official.

(b)

All construction debris and/or waste materials shall be removed from the premises prior to issuance of a certificate of occupancy. Said debris and/or waste materials shall be handled in accordance with all federal, state and local laws and ordinances. No garbage, paint cans or similar debris shall be buried on the property. Burning of appropriate materials is allowed in accordance with all applicable laws.

(c)

All waste associated with construction of a building or structure shall be contained. Burning of waste or burying of waste in other than a landfill which is permitted by the state department of environmental management is prohibited. Portable toilets, licensed by the county health department, shall be provided for all workers involved in the clearing or grading of land or the construction or demolition of a building or structure.

(d)

All public streets and storm drainage structures shall be kept free from dirt, mud, trash and other debris associated with clearing, grading and the construction of any building or structure.

(Code 2005, § 122-142; Ord. No. 99-010, art. VII, § 2.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)

The outdoor storage or parking of any airplanes, truck tractors or truck trailers, buses and similar large vehicles shall be prohibited for a period greater than 72 hours in all residential districts, except where expressly permitted by other provisions of this chapter, unless the following minimum conditions are met:

(1)

All such vehicles or equipment shall be placed within a completely enclosed building or located behind the front building line, or lines in the case of a corner lot or through lot, but no closer than ten feet to any property line.

(2)

Storage or parking shall be limited to a lot or parcel of land which is improved with an inhabited dwelling and the vehicle or equipment is owned by the occupant.

(3)

In the case of multifamily structures, all such vehicles shall be stored at one location designated for such use and shall be screened from view by a fence or vegetation adequate to conceal the vehicles from view from off the premises.

(4)

Trailer coaches and other vehicles or equipment intended or adaptable for sleeping purposes shall remain unoccupied and shall not be used as a dwelling.

(Code 2005, § 122-143; Ord. No. 99-010, art. VII, § 3.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)

It shall be unlawful for any person to park, leave or store upon any lot, place or premises within the city any inoperable motor vehicle for a period greater than 30 days, unless such vehicle is in an enclosed building or screened from view by a visually impervious barrier such as a privacy fence or landscaping. Such privacy fencing shall comply with the provisions of section 111-107. For the purpose of this article, a vehicle shall be deemed inoperable if it cannot be started or driven under its own power and/or does not have a current and valid state vehicle registration. Provided, however, that this section shall not apply to a properly zoned and licensed business if such parking, leaving or storing of such motor vehicles is a reasonably necessary incident in the operation of said business.

(Code 2005, § 122-144; Ord. No. 99-010, art. VII, § 4.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)

(a)

No horse, mule, donkey, pony, cow, goat, sheep, swine, fowl or other farm animal or livestock shall be kept in any residential district, except as specifically provided in article III of this chapter.

(b)

No animal listed in subsection (a) of this section shall be kept within 100 feet of any dwelling other than that occupied by the owner of the animal, or within 100 feet of any hotel, motel, restaurant, retail food store, school, church or hospital.

(c)

No animal listed in subsection (a) of this section which is permitted in a residential district may be kept unless a special permit therefor is issued by the building official after an inspection of the premises and a finding that no nuisance will be created and that all ordinances and regulations have been complied with. A permit shall be for a term of one year, and no renewal shall be issued without reinspection.

(Code 2005, § 122-145; Ord. No. 99-010, art. VII, § 5.0, 9-21-1999)

(a)

All swimming pools, except those with inflatable sides, shall only be permitted in the rear yard when located in a single-family or two-family residential district and shall be located at least five feet from any property line.

(b)

All permanent swimming pools shall be located within a fenced in yard or enclosed by a fence with a childproof gate. The fence and gate shall be at least four feet in height and constructed in compliance with the requirements of section 111-107. The owner of any existing pool shall be allowed a period of 45 days from the effective date of the ordinance from which this chapter is derived in which to provide a fence for such pool as herein required.

(c)

All exterior lighting fixtures shall be constructed to direct the beam below the horizontal plane of the fixture and shall reflect away from any adjacent property. Maximum height of the fixtures shall be ten feet.

(d)

Swimming pools shall not be located within a regulated flood hazard area as depicted on the city's flood hazard boundary map.

(Code 2005, § 122-146; Ord. No. 99-010, art. VII, § 6.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)

(a)

Tennis courts constructed in a single-family or two-family residential district shall be located in the rear yard.

(b)

Tennis courts shall be located at least 25 feet from any property line and residential structure.

(c)

All fences must meet the requirements of section 111-107.

(d)

All exterior lighting fixtures shall be constructed to direct the beam below the horizontal plane of the fixture and shall reflect away from any adjacent property.

(Code 2005, § 122-147; Ord. No. 99-010, art. VII, § 7.0, 9-21-1999)

(a)

In order to provide a safe pedestrian environment, sidewalks shall be provided in all subdivisions located in the R-3, R-4, R-5, R-7 and R-8 residential districts and in all residential communities in the R-6 district. The city may also require sidewalks in other districts where the location and type of development warrants pedestrian circulation. Sidewalks in subdivisions shall be located in the public street right-of-way and constructed to city standards. Sidewalks and pedestrian ways on private property shall be at least four feet wide.

(b)

All sidewalks in the public right-of-way shall be a minimum of 48 inches wide, four inches thick, and shall have a one-fourth to one-half inch per foot crossfall. Additional sidewalk requirements may be addressed in the subdivision regulations (see appendix A).

(Code 2005, § 122-148; Ord. No. 99-010, art. VII, § 8.0, 9-21-1999)

(a)

Above-ground storage.

(1)

The above-ground storage of gasoline, diesel fuel, kerosene and other hazardous liquids is prohibited within the city, except that protected above-ground storage tanks at commercial, industrial, governmental or manufacturing facilities, intended for fueling vehicles used in connection with those facilities, may be allowed when approved by the building official.

(2)

Temporary use of movable tanks in conjunction with the dispensing of such liquids into the fuel tanks of motorized equipment on premises not normally accessible to the public is permitted only after written approval for such use has been obtained from the building official.

(b)

Below-ground storage. The below-ground storage and/or dispensing of gasoline, diesel fuel, kerosene and other hazardous liquids is prohibited in residential zones, except at governmental facilities when approved by the building official. Such storage of hazardous liquids, other than for sale, is permitted in nonresidential zones, upon written approval of the building official.

(Code 2005, § 122-149; Ord. No. 99-010, art. VII, § 9.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)

Except as otherwise permitted in this chapter, the main building of a permanent or temporary business shall be a permanent building, which has a roof supported by columns or walls, with walls constructed of wood, metal, glass, brick or masonry materials, which completely enclose the main building area. The permanent building and premises shall conform in all respects to the applicable land and building development codes and ordinances of the city. The main building of any permanent or temporary business shall not be a tent, shelter, mobile building or other structure which does not comply with the intent of this section.

(Code 2005, § 122-150; Ord. No. 99-010, art. VII, § 10.0, 9-21-1999)

For the purposes of this section, the term "high-traffic corridor" means land adjoining a public street or highway with a traffic volume equal to or exceeding 10,000 vehicles per day. Any commercial building abutting or visible from a thoroughfare defined as a high-traffic corridor must meet the following requirements, in addition to other provisions of this chapter:

(1)

Buildings shall be constructed so that all exterior building walls that are visible from a public right-of-way are surfaced with a masonry material. Acceptable materials include brick, stone, drivit or decorative block.

(2)

Parking lots must include curbing and/or gutters and be landscaped in accordance with article VIII of this chapter.

(Code 2005, § 122-151; Ord. No. 99-010, art. VII, § 11.0, 9-21-199; Ord. No. 05-Z07, 6-6-2005)

(a)

Location. No gasoline service station shall be located within a radius of 300 feet from a place of public assembly.

(b)

Permanent storage of material, merchandise and equipment. All permanent storage of material, merchandise and equipment shall be within the principal building or within the setback lines, with the exception of garbage and trash, which shall be located in an area enclosed on four sides by an opaque fence at least six feet high and located within the setback lines.

(c)

Setbacks.

(1)

The principal building and three islands of triple pumps shall require a minimum lot area of 12,000 square feet with 120 feet of continuous public road frontage.

(2)

All driveways shall be set back at least 20 feet from the property corners, shall not exceed 35 feet in width and shall be 30 feet apart.

(3)

A minimum of 1,600 square feet of lot area is required for each additional triple pump island.

(4)

A minimum of 1,200 square feet of lot area shall be provided for each service bay or carwash.

(5)

No pump shall be located within 50 feet of a residential district boundary.

(d)

Gasoline pump and facility standards. The following minimum standards shall apply to the gasoline dispensing area, including pump islands and approach drives:

(1)

One triple pump island shall require 2,700 square feet of lot area.

(2)

One pay station and one triple pump island shall require 5,200 square feet of lot area.

(3)

A minimum of 1,600 square feet of lot area shall be provided for each additional triple pump island and a minimum of 1,200 square feet of lot area shall be provided for each service bay and carwash.

(e)

Prohibited uses. The following are prohibited uses in gasoline service stations located in any district other than M-1 and M-2 districts:

(1)

Storage of vehicles on the premises for purposes other than periodic maintenance or repair.

(2)

Major automobile repairs.

(3)

Sales of new or used motor vehicles.

(4)

Any use performed inside the building which is offensive or dangerous, or which constitutes a nuisance to the occupants of adjacent properties, by reason of the emission of smoke, fumes, dust, odors, vibration, noise or unsightliness.

(Code 2005, § 122-152; Ord. No. 99-010, art. VII, § 12.0, 9-21-1999)

The regulations of this section apply to all premises, except detached single-family dwellings. All outdoor lighting on private or public property shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property. All outdoor light fixtures shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plane is eliminated.

(1)

All outdoor fixtures that light the area under outdoor canopies shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plane is eliminated.

(2)

Floodlights and spotlights shall be so installed or aimed that they do not project their output into the windows of neighboring dwellings, adjacent uses, skyward or onto a public roadway or pedestrian way.

(3)

Security and night operation lighting for commercial, industrial, public recreational and institutional applications shall be controlled by automatic switching devices to permit extinguishing the outdoor lighting fixtures between 11:00 p.m. and sunrise.

(4)

Lighting proposed for use after 11:00 p.m., or after normal hours of operation of a business, whichever is earlier, for commercial, industrial, institutional or municipal applications, shall be reduced by at least 50 percent from then until dawn, unless supporting a specific purpose and approved by the building official.

(5)

All illumination for advertising signs, building and/or surrounding landscapes for decorative, advertising or esthetic purposes is prohibited between 11:00 p.m. and sunrise, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is open for business and until one hour after closing.

(6)

In no case shall the illumination cast by a source onto an adjacent residential property exceed 0.1 vertical footcandle measured line-of-site, from any point on the adjacent residential property.

(7)

Externally illuminated signs shall be lighted by fixtures mounted at the top of the sign and aimed downward. All such fixtures shall be designed or fitted to concentrate the light output onto and not beyond the sign. All such lighting shall be extinguished between the hours of 11:00 p.m. and dawn, except as specifically permitted by the building official.

(8)

Except for athletic facilities, light fixtures shall not be mounted in excess of 20 feet above grade.

(Code 2005, § 122-153; Ord. No. 99-010, art. VII, § 13.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)

Except for single-family residential dwellings, all garbage and trash containers shall be located within a three-sided enclosure, which completely conceals the containers.

(Code 2005, § 122-154; Ord. No. 99-010, art. VII, § 14.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)

(a)

A mobile building may be used for sales offices for manufactured homes and camping trailers. Mobile buildings may be used for storage and office purposes, for a period not to exceed six months, on the premises of a construction site for which all required permits have been issued.

(b)

The building official shall enforce the following standards for the placement of a manufactured, mobile or modular home in a residential district, except in R-8 and MHD districts:

(1)

The dwelling shall be constructed with the same or similar materials which are used in the construction of the majority of the other homes within the immediate area.

(2)

All foundations, and electrical, plumbing and heating systems shall be substantially the same as other homes in the area.

(3)

The dimensions, roof pitch and general appearance shall be essentially the same as other homes in the area.

(Code 2005, § 122-155; Ord. No. 99-010, art. VII, § 15.0, 9-21-1999)

(a)

Requirements. Self-service storage facility requirements include the following:

(1)

Submission of a site development plan.

(2)

Self-service storage facilities shall be limited to the rental of storage units and the pickup and deposit of goods or property in dead storage.

(3)

Vehicle and trailer rental may be permitted on the premises as an accessory use, subject to review and approval as a special exception use. Rental vehicles shall not be parked in required parking spaces, drives or parking lanes.

(4)

Storage units shall not be used to manufacture, fabricate or process goods; conduct servicing or repairs; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity.

(5)

Individual storage units shall not have electrical outlets, except ceiling light fixtures and necessary switches.

(6)

The maximum gross floor area of an individual storage unit shall be 340 square feet.

(7)

Individual storage units or private postal boxes within a self-service storage facility shall not be considered premises for the purpose of assigning a legal address in order to obtain a business license or other governmental permit or license to do business, nor as a legal address for residential purposes.

(8)

The following materials shall not be stored in any self-service storage unit, and each lessee shall be required to sign a written statement certifying that none such materials will be stored in the unit leased by that individual or corporation:

a.

Hazardous materials.

b.

Flammable and combustible liquids.

c.

Explosives.

d.

Black powder and smokeless powder.

(9)

Except as provided herein, all property stored on the premises shall be entirely within an enclosed building. Open storage of recreational vehicles and boats is permitted, subject to the following:

a.

Storage shall occur only in a designated area which is clearly delineated for open storage.

b.

Such areas shall not exceed ten percent of the lot or parcel area.

c.

Such area shall be screened from view from property zoned for detached single-family residential use and public property, including the public right-of-way.

d.

Storage shall not occur in required parking spaces, drives, parking lanes, nor within required building setback areas.

e.

No vehicle maintenance, washing or repair shall be permitted.

(10)

Exterior light fixtures shall be designed and installed so that the light is focused down upon the premises and so that a minimum amount of light shines on adjacent property or the public right-of-way. If a facility abuts a residential district, exterior light fixtures shall not exceed 16 feet in height.

(11)

A caretaker or security guard dwelling is permitted on the premises.

(12)

Required parking spaces shall be located adjacent to the building or use which they serve. Floor area within the rental or leasing office, which is devoted to uses other than the rental of storage units, shall be provided with additional parking spaces, at a ratio of one space per 200 square feet of gross floor area.

(13)

Self-service storage facilities which feature both multiaccess and limited access storage facilities shall comply with all of the requirements pertaining to both types of storage units.

(b)

Multiaccess facility supplemental regulations. The following supplemental regulations pertain only to multiaccess facilities:

(1)

Minimum lot area shall be three acres.

(2)

All drives which provide direct access to storage units shall have an adjacent parking lane which extends the full length of the access drive, and is located between the access drive and the storage units. Access drives with direct access to storage units on only one side of the drive shall be at least 20 feet wide, plus have one parking lane at least ten feet wide, for a total width of 30 feet. Access drives with direct access to storage units on both sides of the drive shall be at least 20 feet wide, plus have one parking lane at least eight feet wide on each side of the drive, for a total width of 36 feet.

(3)

Storage unit doors shall be screened from view from property zoned for detached single-family residential use. The building, including storage unit doors, shall be a color which blends with the surrounding built and natural environment and shall not be a color which attracts attention to the premises.

(4)

The facility shall feature appropriate access and circulation by vehicles and emergency equipment.

(c)

Limited access facility supplemental regulations. The following supplemental regulations pertain only to limited access facilities:

(1)

Multistory facilities located in the B-3 or B-4 zoning district shall feature building materials and architectural designs which reduce the scale and mass of the structures, so that the buildings appear to be office buildings, not storage facilities.

(2)

Each entry point to the building used to access hallways leading to the storage units shall accommodate a minimum of two loading berths and related maneuvering areas. The loading and maneuvering areas shall not interfere with the traffic circulation system of the premises.

(Code 2005, § 122-156; Ord. No. 99-010, art. VII, § 16.0, 9-21-1999)

The following requirements pertain to industrial parks:

(1)

Access shall be by way of a major thoroughfare adequate and suitable for the accommodation of truck traffic.

(2)

All streets or roadways within an industrial park shall have a minimum right-of-way width of 70 feet, a maximum gradient of five percent and shall conform to the city standards for commercial streets.

(3)

Cul-de-sac streets shall be permitted in industrial parks when they are less than 500 feet long, as measured from the terminal point of the cul-de-sac street to the closest intersection, and when such terminal point is provided with a paved vehicle turnaround area having a minimum radius of 70 feet.

(4)

Sight distances at all points of ingress and egress to public thoroughfares or highways shall not be less than 500 feet, except where a traffic signal light is installed.

(Code 2005, § 122-157; Ord. No. 99-010, art. VII, § 17.0, 9-21-1999)

Home occupations are a permitted use in certain districts. In order to qualify as a home occupation, a business or activity must comply with the following standards:

(1)

The business must be conducted entirely within an owner-occupied dwelling and, except for group day care homes, employs only the inhabitants thereof.

(2)

The business shall not occupy more than 25 percent of the gross floor area of the dwelling.

(3)

The business shall not involve wholesale or retail sales wherein merchandise is delivered or distributed from the premises, except for art-work, crafts and similar items which are made on the premises.

(4)

The business shall not involve outdoor storage of merchandise, equipment or supplies, nor large truck deliveries, other than routine parcel deliveries.

(5)

The residential appearance of the premises shall be maintained and all off-street parking, other than those spaces located on the residential driveway, shall be located in the rear or side yard of the premises.

(6)

The business shall not create any noise which is audible from off the premises and shall not emit any smoke, vibration, fume or dust which affects nearby properties.

(Code 2005, § 122-158; Ord. No. 99-010, art. VII, § 18.0, 9-21-1999; Ord. No. 05-Z07, 6-6-2005)

(a)

Purpose. The purpose of this section is to establish minimum standards for exterior architecture on new commercial construction to ensure a high-quality development, redevelopment and compatibility and to promote visual aesthetics, economic viability and a strong community image. Furthermore, these standards are intended to protect property values of adjacent neighborhoods by ensuring that new development enhances the character of these areas.

(b)

Applicability. This section is applicable to all construction, including additions, on any lot located within the Institution, B-1, B-2, B-3, B-4, B-5 and Planned Commercial Districts located on a principal or minor arterial, or a major or minor collector street as defined by the functional classification of streets provided within the Comprehensive Plan. Where a commercially zoned property has frontage on a high traffic corridor, that property shall be subject to section 111-117. All exterior walls within the public view shall comply with this section.

(c)

Appropriate materials. Materials allowed on exterior walls shall be high quality finishes, and may include masonry (brick, stone, split-faced CMU, dryvit), wood, and the use of other materials, including, but not limited to, hardy-board and metal finishes (architectural grade) or other high-quality material deemed appropriate by the zoning administrator. Vinyl and aluminum siding, standing seam metal and faux "sprayed stucco" are prohibited finishes.

(Ord. No. 20-96, § 1, 3-16-2020)