Alma City Zoning Code
§ 20
Supplementary district regulations.
A.
Screening elements and fences.
In order to provide maximum safety to pedestrians and motorists at intersections and at ingress and egress points from public streets, highways, and alleys to private property, to conserve and protect the value of adjacent land and buildings; to protect aesthetic views and vistas, to secure hazardous areas from unauthorized entry, to contain livestock and other agricultural activities, and to screen and protect permitted outside materials storage areas, the following regulations are prescribed for the location, type, and height of regulated required and nonrequired screening elements and fences. The term "screening element" as used herein is defined in Section 4.
(1)
Traffic visibility at intersections.
On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet (2') and ten feet (10') above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines twenty-five feet (25') from the point of the intersection.
(2)
Traffic visibility at interior lots.
On an interior lot in any district, nothing shall be erected placed, planted, or allowed to grow in such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley, or private street or driveway from or to adjacent private property.
(3)
Residential districts - general.
(a)
Screening elements and fences shall be restricted to a maximum height of six feet (6'), measured from the adjacent grade line, except as otherwise allowed.
(b)
Nonresidential uses in a residential district shall be suitably screened from view, to a height not less than six feet (6') nor more than eight feet (8'), of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use. Said screening requirements shall not be mandatory for public schools, parks or churches, except where a parking lot or active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Parking lot screening need not be more than three and one half feet (3-1/2') in height. Off-street loading areas of any nonresidential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use.
(4)
Non-residential districts - general.
(a)
Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use, or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than six feet (6') nor more than eight feet (8').
(b)
Where a district boundary separating a residential district from a nonresidential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use, or district shall be suitably screened to a height of not less than three and one-half feet (3-1/2').
(c)
Where garbage, refuse, and trash collection/storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six feet (6') nor mote than eight feet (8') in height.
(d)
In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six feet (6') nor more than eight feet (8') in height.
(e)
Off-street loading areas shall be adequately screened from view of any residential dwelling or of any other adjacent residential land use.
(f)
No screening element comprised of brick, masonry, concrete, or solid metal shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service, or drainage way, within the easements reserved therefor.
(g)
All required screening elements shall be permanently and adequately maintained by the nonresidential property owner.
(5)
Barbed wire fences.
(a)
Barbed wire fences used in conjunction with permitted agricultural and related activities and in industrial districts are permitted without restrictions, but are expressly prohibited in all other districts except as provided below.
(b)
Barbed wire strands may be placed on top of permitted fences and screening elements in an industrial or general commercial district for the purpose of security from theft, entry, and hazard around public utility substations and uses of a similar nature, provided the top strand is not higher than eight feet (8') nor the bottom strand lower than six feet (6') from the adjacent grade line.
B.
Accessory buildings.
The following regulations shall govern the location, size, and use of any accessory buildings:
(1)
No accessory building shall be erected in any required yard area as stipulated in this ordinance, except as allowed in the following paragraphs.
(2)
No accessory building shall be erected within ten feet (10') of any other building, except detached residential garages may be located within five feet (5') of the main dwelling, and except as the provisions of paragraph (5) below are met.
(3)
No detached residential garage or carport shall be erected or placed closer to any street or alley right-of-way line than the minimum yard requirements (building set-back line) governing the district in which such garage or carport is located.
(4)
No detached residential garage or carport shall be erected or placed within eight feet (8') from any side lot line.
(5)
Residential accessory buildings and sheds housing domestic lawn and garden equipment and all other household effects may be detached or attached to the main building, but shall not encroach in any required front yard, and may not occupy more than thirty percent (30%) of the rear yard.
(6)
No accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises, as provided in the applicable zoning district.
(7)
No accessory building shall be higher than the main building and in no case be in excess of eighteen feet (18') in height.
(8)
No accessory building shall be erected or placed within three feet (3') of any side or rear lot line and shall not encroach upon any easement.
C.
Projections of buildings, structures, and appurtenances into required yards.
(1)
Open or lattice enclosed fire escapes may project into a required yard not to exceed five feet (5'). The ordinary projections of chimney's pilasters shall be permitted by the City's building official when placed so as not to obstruct light and ventilation.
(2)
Terraces, balconies, decks, uncovered porches and ornamental features, which do not extend more than four feet (4') from the side wall line and being at least seven (7') feet above the floor level of the ground (first) story, may project into a required side yard, provided these projections be a distance at least four (4') feet from any adjacent side lot line. Such features may not project onto a required front or rear yard more than eight feet (8') from the front or rear wall line.
(3)
An unenclosed porch containing not more than forty (40) square feet may project into a required front yard for a distance not to exceed five feet (5').
(4)
A carport or canopy may project into a required side yard, provided every part of such carport or canopy is unenclosed, except for necessary structural supports, and not less than five feet (5') from any side lot line.
(5)
Every part of a required yard shall be open to the sky, unobstructed by a building, except for the ordinary projections of sills, belt courses, cornices, and ornamental features not exceeding twelve inches (12"), or as otherwise excepted in paragraphs (1) through (4) above.
D.
Parking, storage or use of major recreational equipment and vehicles.
No major recreational equipment shall be parked or stored on any lot in a residential district, except in a carport or enclosed building, on a driveway, or in a required side or rear yard, except that such equipment may be parked anywhere on a residential premise not to exceed twenty-four (24) hours during loading or unloading. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, except for the temporary housing of guests not to exceed two (2) consecutive weeks. For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers, or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
E.
Site plan requirements.
(1)
Generally.
Whenever a site plan is required by this ordinance, such site plan must conform to the requirements of this section. Unless otherwise specified in this ordinance, all site plans must be approved by the city council, upon recommendation of the planning and zoning commission. The site plan submitted in support of an application shall satisfy the requirements for site plan submittals as set forth by the city staff. Site plans shall be reviewed by the city staff, and comments shall be returned after the review by the city staff. The submittal date of the site plan shall be the date upon which the site plan is found to be in compliance with the provisions of the site plan application by the city staff.
(2)
Required prior to building permit.
When required by this ordinance, a site plan must be approved prior to the issuance of a building permit by the city.
(3)
Changes to the site plan.
(a)
Changes to the site plan shall be processed in the same manner as the original approved site plan.
(b)
Except as otherwise provided in paragraph 3 below, any site plan that is amended shall require approval of the city council, upon recommendation of the planning and zoning commission.
(c)
Changes to the site plan which will affect the use of the land may require either an amendment to a planned development or a rezoning of property, whichever applies.
(d)
Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent properties; do not alter the use permitted; and do not increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the mayor or his/her designee. An aggrieved party may appeal the decision of the mayor or his/her designee to the board of adjustment in accordance with the provisions of this ordinance.
(4)
Council approval.
Council approval of a site plan that accompanies a zoning change request shall become part of the amending ordinance.
(5)
Site plan content.
The site plan shall contain the information listed below, and any or all of the required features may be incorporated on a single drawing if the drawing is clear and capable of evaluation by the city council and the staff personnel required to enforce and interpret this ordinance.
(a)
The boundary lines and dimensions of the property, existing subdivision lots, available utilities, fire hydrants, easements, roadways, sidewalks, emergency access easements, and public rights-of-way.
(b)
Topography of the property proposed for development in contours of not less than two feet, together with any proposed grade elevations, if different from existing elevations.
(c)
Floodplains, watercourses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings.
(d)
The location and use of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, the location of each building and the minimum distances between buildings, and between buildings and the property line, street line, and/or alley.
(e)
Total number, location, and arrangement of off-street parking and loading spaces, where required.
(f)
All points of vehicular ingress, egress, and circulation within the property and all special traffic regulation facilities proposed or required to assure the safe function of the circulation plan.
(g)
Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the height of any existing or proposed building or structure.
(h)
The location, size, and arrangement of all outdoor signs, exterior auditory speakers, and lighting.
(i)
The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them.
(j)
If multiple types of land uses are proposed, a delineation of the specific areas to be devoted to various land uses.
(k)
Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, and street address or common description of the property.
(l)
Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties.
(m)
Buildings on the exterior of the site and within 25 feet of all property lines.
(n)
The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention ponds, showing size and direction of flow.
(o)
The number of square feet of the property after construction which will constitute impervious area or impervious surface and vegetated areas.
(p)
Architectural drawings, such as elevations, concept sketches or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant's land use and development proposals.
(q)
Legal description of the total site area proposed for rezoning, development or specific use permit.
(r)
Signature, title and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans, and supporting documents reflect a reasonably accurate portrayal of the general nature and character of the applicant's proposals.
(s)
A development timetable if development is to be in phases.
(t)
The percentage of the site that will be covered by building and structures.
(Ordinance 2021-5-1 adopted 5/25/21)