The district regulations hereinafter set forth in this article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.

(Code 1960, § 11-11-1; Ord. No. 1234, § 1, 3-22-05)

Public, semipublic, or public service buildings, hospitals, institutions, or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not exceeding seventy-five (75) feet if that part of the building exceeding the height limit is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.

(Code 1960, § 11-11-2; Ord. No. 1234, § 1, 3-22-05)

Single-family dwellings, two-family dwellings, and multiple-family dwellings may be increased in height by not more than ten (10) feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten (10) feet, but they shall not exceed three (3) stories in height.

(Code 1960, § 11-11-3; Ord. No. 1234, § 1, 3-22-05)

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, planks, water towers, church steeples, radio towers, or necessary mechanical appurtenances, ornamental towers and spires, and farm buildings may be erected to a height in accordance with existing or thereafter adopted provisions of this Code.

(Code 1960, § 11-11-4; Ord. No. 1234, § 1, 3-22-05)

(a)

Accessory buildings may be built in a required rear yard subject to the following restrictions:

(1)

The accessory building shall not be nearer than ten (10) feet to the main building, or nearer than two (2) feet to any side line unless such building is of masonry construction, in which case it may be built to the side line;

(2)

The accessory building may be built on the rear lot line of the property regardless of the material used to construct the building; and

(3)

No accessory building shall occupy more than thirty (30) percent of the rear yard.

For purposes of these restrictions, "rear yard" shall be defined as the rear building line of the principal dwelling constructed on an interior lot and the term "secondary front yard" shall mean the yard other than that on which the front of the principal dwelling faces. Accessory buildings located in the secondary front yard of a residential corner lot may be built no nearer than fifty-five (55) feet to the secondary front lot line.

(b)

Accessory buildings which are to be used for storage purposes only may be erected upon a lot prior to the construction of the main building, but no accessory building shall be used for a dwelling purpose.

(c)

Every part of a required yard or interior court shall be open to the sky, and unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches.

(d)

Accessory buildings constructed after the effective date of this section shall not be located under a power line regardless of construction materials unless a minimum of ten (10) feet of vertical clearance is maintained; however, if the power company installs new power lines or relocates existing power lines over an existing structure, it shall be solely responsible for bearing the cost of compliance with these requirements.

(Code 1960, § 11-11-5 Ord. No. 411, 10-10-67; Ord. No. 783, § 9, 2-13-90; Ord. No. 1234, § 1, 3-22-05; Ord. No. 1438, § 2, 5-14-13)

(a)

Definitions. For purposes of this section, the following terms or words shall be interpreted as follows:

Carport, attached. A canopy or shed open on at least three (3) sides and attached to the principal building and structurally dependent (totally or in part) on the principal building for the purpose of providing shelter for one (1) or more vehicles.

Carport, detached: An open-sided, freestanding roofed structure designed for a parked car, with one (1) or more walls, or as few as none, that is not attached to and structurally independent of the principal building.

Carport, portable: A detached manufactured accessory building customarily used for the shelter or storage of vehicles and/or watercraft, including canopies used for such, which can be easily moved without disassembly, after removal of any tie-down other anchoring provisions intended to compensate for wind displacement, and which is generally a frame covered by lightweight membrane material.

Deck. Any structure which serves as a raised horizontal platform on floor constructed of wood or other materials, without enclosing walls or roofs. An attached deck is any deck which is physically connected to the principal building or accessory structure. A detached deck is any deck which is not physically attached to the principal building or accessory structure.

Terrace. An unenclosed, relatively level, landscaped, and/or surfaced area, also referred to as a patio, directly adjacent to a principal building at or within one (1) foot of the finished grade and not covered by a permanent roof.

(b)

Permitted accessory use. A portable or detached carport is a permitted accessory building in the required front or rear yard of any zoning district in which a single family dwelling, two-family dwelling, and a multiple family dwelling use containing no more than four (4) residential units is allowed.

(c)

Restrictions.

(1)

An attached, portable or detached carport, a deck, , or a terrace located on a lot with its principle use being a detached single family dwelling, two-family dwelling, and a multiple family dwelling containing no more than four (4) residential units, may encroach into the required front yard setback for a distance not exceeding ten (10) feet upon obtaining an encroachment permit, subject to the following restrictions:

a.

Decks and carports may not encroach into any utility easement.

b.

Terraces may extend to the front property line. A terrace may encroach into or over a utility easement, provided, however, the property owner, at the owner's expense, shall remove any portion of the terrace that encroaches into or over a utility easement within thirty (30) days following written notice and as directed by the city.

c.

Carports.

1.

For detached single family dwelling uses, the maximum width of a carport shall be limited to the greater of twenty (20) feet or one-third (⅓) of the width of the front property line. For any two-family dwelling use, one (1) portable carport or detached carport will be permitted for each dwelling unit with the maximum width of each carport being limited to sixteen (16) feet. For any multiple family dwelling use containing no more than four (4) residential units, one (1) portable carport or detached carport will be permitted for each dwelling unit with the maximum width of each carport being limited to ten (10) feet.

2.

The sides of the carport that are parallel to the side yards and the backside shall remain open above the height of three (3) feet and below the height of eight (8) feet. The side located parallel to the front property line must remain open. No garage doors or gates obstructing access into the carport shall be permitted. All openings must be unobstructed by walls, screens, lattice work or similar features that would create an enclosed space or obstruct visibility.

3.

The roof height of the carport shall not exceed the height of the first floor of the principal structure. All heights shall be measured from the average ground elevation at the perimeter of the carport.

(2)

An attached carport may encroach into the required side setback and may extend to the property line upon obtaining an encroachment permit, provided it does not encroach into any utility easement and subject to the following restrictions:

a.

The maximum length of a carport shall be limited to the depth of the principal structure to which it is attached;

b.

The sides of the carport, other than the attached side, shall remain open. No garage doors or gates obstructing access into the carport shall be permitted. All openings must be unobstructed by walls, screens, lattice work or similar features that would created an enclosed space;

c.

The roof height of the carport shall not exceed the height of the first floor of the principal structure. All heights shall be measured from the average ground elevation at the perimeter of the carport;

(d)

Encroachment permit required. It shall be unlawful for any person to locate a carport or deck in the front yard setback, or in the case of an attached carport in the side yard setback, without an encroachment permit.

(1)

Application. An application for an encroachment permit shall be made in the form prescribed by the city and accompanied by a complete plan in detail of the proposed encroachment.

(2)

Approval. The city manager, or his/her designee, may, after investigation, approve, modify or reject an application for an encroachment permit. In reviewing a request for a carport within the required front or side-yard setback, the city manager, or his/her designee, shall consider the following:

a.

The presence and/or absence of a functional garage on the residential lot, parcel or tract;

b.

Whether the dwelling was originally built with a one-car garage or no garage.

c.

Whether the front carport would afford the only opportunity to provide covered parking on the lot;

d.

The viability of access to the side and rear yard;

e.

The size, height, and design of the carport and its impact on adjacent properties; and

f.

Whether the lot has alley access such that rear parking is available as an alternative to a front or side carport.

Any person or persons aggrieved by the decision of the city manager, or his/her designee, may appeal such decision to the city commission in the manner provided for in article 29-08 of this chapter.

(3)

Revocation. All encroachment permits shall expire one (1) year from the date of issuance but shall automatically renew each year for an additional one (1) year, unless the city provides a written notice to the permit holder, by ordinary mail, that the permit will not be automatically renewed. All permits are subject to revocation prior to expiration provided that the city provides at least twenty (20) days notice of its intent to revoke the permit and provides the opportunity for a hearing thereon.

(e)

No terrace, deck or carport may be located in such a manner that creates a traffic or pedestrian safety hazard.

(f)

All terraces, decks or carport shall meet all applicable building codes.

(Code 1960, § 11-11-6; Ord. No. 1234, § 1, 3-22-05; Ord. No. 1383, 12-7-10)

No building exceeding one and one half (1;½) stories or twenty-five (25) feet shall be erected within seven hundred fifty (750) feet of any airport or aircraft landing field.

(Code 1960, § 11-11-7; Ord. No. 1234, § 1, 3-22-05)

On any corner lot a front yard is required by this Code, no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth shall be maintained in such location within such required front yard space as to cause danger to traffic by obstructing the view.

(Code 1960, § 11-11-9; Ord. No. 1234, § 1, 3-22-05)

On any lot separately owned at the time of the passage of this Code, a single-family house may be erected, even though of less width or area than required by the regulations for the district requirements of the district.

(Code 1960, § 11-11-10; Ord. No. 1234, § 1, 3-22-05)

No manufactured housing unit shall be used for occupancy anywhere within the corporate limits of the city without a permit from the building inspector for such use and occupancy. No permit for use and occupancy of a manufactured housing unit or recreational vehicle in the city shall be granted unless such manufactured housing unit or recreational vehicle is to be used and occupied on a lot or in a park or court zoned and designated for such use and where proper facilities have been provided for sanitary connections and water connections and where the use and occupancy of such manufactured housing unit or recreational vehicle is under the supervision of the police and health officials of the city.

(Code 1960, § 11-11-12; Ord. No. 1234, § 1, 3-22-05)

Cross reference— Trailers, mobile homes and recreational vehicles. ch. 25.

(a)

No building to be used for commercial purposes shall be built on Indian Wells Road, Scenic Drive, First Street, or Florida Avenue within fifty (50) feet of the curbline. The fifty-foot restriction shall be from the front wall of the building and does not include canopies, awnings and other structures of a similar nature.

(b)

The restrictions set forth in subsection (a), insofar as they relate to Indian Wells Road, Scenic Drive or First Street shall not apply to any block which has buildings on twenty (20) percent of the lots on said block as of October 15, 1968. However, new buildings shall be in line with existing buildings. Insofar as the restrictions set forth in subsection (a) relate to Florida Avenue, they shall not apply to any block which has commercial buildings on twenty (20) percent of the lots on said block as of March 23, 1973. However, new commercial buildings shall be in line with existing commercial buildings.

(c)

Any commercial building constructed after October 15, 1968, on Indian Wells Road, Scenic Drive or First Street, or any commercial building constructed after March 23, 1973, on Florida Avenue, shall provide off-street parking for automobiles immediately adjacent to each such building in a proportion of not less than three (3) square feet for each square foot of area inside any such business building. Plans showing the off-street parking shall be submitted to the building inspector, together with the application for a building permit. No building permit shall be issued by the building inspector until such plans for off-street parking have been submitted and approved by the building inspector.

(d)

The provisions of subsections (a), (b), and (c) shall be applicable to all of the property which is now located within the limits of the city and shall further be applicable to all property which is annexed to the city as of the date of annexation.

(Code 1960, § 11-11-13; Ord. No. 497, 3-13-73; Ord. No. 1234, § 1, 3-22-05)

Columbarium as an allowed detached, accessory use shall be located not less than sixty (60) feet from any lot line; shall not exceed a height of six (6) feet; shall have access provided from a dedicated public right-of-way; shall be screened by an opaque fence or hedge at least six (6) feet in height; shall be oriented so that no inurnment opening is visible from any residential zone; no lighting may shine on adjacent residential property and no light may be directed upward; and shall be placed on a permanent foundation for which a permit is obtained. A columbarium must be removed from the site upon the sale of the property by the church, synagogue or temple, or upon the change of use of the property.

(Ord. No. 981, § 5, 8-26-96; Ord. No. 1234, § 1, 3-22-05)