An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.

(Code 1991, § 13-1-130(b))

(a)

An accessory use or structure in a residential district may be established subject to the following regulations:

(1)

Accessory building number limits. In any residential district, in addition to the principal building, a detached garage or attached garage and one additional accessory building may be placed on a lot.

(2)

Accessory building size limits. Garages and other detached accessory buildings shall be less than 18 feet in height.

(3)

Attached accessory buildings. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.

(4)

Detached accessory buildings. Accessory buildings and private garages shall not occupy more than 30 percent of a required area for a rear yard or side yard or be located within three feet of any other accessory building or eight feet of any lot line or 15 feet to any alley line. These height and area restrictions shall not apply to accessory buildings on farms of ten or more acres in area, but such accessory buildings shall not be closer than 100 feet to any side lot line. An accessory building shall not be nearer than ten feet to the principal structure unless the applicable building code regulations in regard to one-hour fire-resistive construction are complied with. In no event can the accessory uses or structures be forward of the front line of the principal structure.

(b)

Where an accessory building is a part of the main building or is substantially attached thereto, or is located partly or wholly in front of the rear wall of the main building, the side yard requirements for the main building shall be applied to the accessory building.

(c)

Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry except for home occupations as defined herein and shall not be occupied as a dwelling unit.

(Code 1991, §§ 13-1-130(c), (d), 13-4-12)

An accessory use or structure in a business or manufacturing district may be established in the rear yard or side yard and shall not be nearer than three feet to any side or rear lot line.

(Code 1991, § 13-1-130(e))

When an accessory structure is located on the rear of a reversed corner lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear, nor nearer than three feet to the side line of the adjacent structure.

(Code 1991, § 13-1-130(f))

Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flagpoles, ornamental light standards, lawn furniture, sundials, birdbaths, trees, shrubs and flowers and gardens.

(Code 1991, § 13-1-130(g))

The following temporary uses may be established in any district from which they are not otherwise excluded by the regulations of this chapter, under the following conditions:

(1)

Real estate offices, for a period not to exceed one year, except by special permit from board of appeals.

(2)

Temporary buildings and the temporary storage of materials and equipment incidental to the construction of buildings on the premises, for a period not to exceed one year from the date of issuance of the building permit or permits for such construction.

(3)

A house trailer or mobile home may be occupied on any premises by the owner or builder, while residential construction is in progress, for a period of not to exceed one year from the date of issuance of the building permit for such residence; provided that no such house trailer or mobile home shall be located closer to the side lot lines of the premises than the width of either side yard as established by the residential construction.

(Code 1991, §§ 13-1-130(h), 13-4-13)

Where the mean natural grade of a front yard is more than eight feet above the curb level, a private garage may be erected within the front yard, provided that it is located not less than five feet from the front lot line, the floor level is not more than one foot above the curb level, and at least one-half the its height is below the mean grade of the front yard.

(Code 1991, § 13-1-130(i))

Outdoor lighting installations shall not be permitted closer than three feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.

(Code 1991, § 13-1-130(j))

Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line.

(Code 1991, § 13-1-130(k))

Retaining walls may be permitted anywhere on the lot, provided, however, that no individual wall shall exceed six feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls and provided further that along a street frontage no such wall shall be closer than three feet to the property line.

(Code 1991, § 13-1-130(l))

Agricultural structures for properties zoned agricultural such as barns, silos and windmills shall not exceed in height twice their distance from the nearest lot line.

(Code 1991, § 13-1-130(m))

(a)

No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery.

(b)

Firewood should be neatly stacked and may not be stacked closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. Fences as used in this section shall not include hedges and other vegetation.

(c)

All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of within 15 days and shall not be allowed to remain on the premises.

(d)

Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of this Code.

(e)

Not more than 20 percent of the side and rear yard may be used for storage of firewood at any one time.

(Code 1991, § 13-1-131)

(a)

Classes of fencing. Fences shall be categorized into five classifications:

(1)

Boundary fence. A fence placed on or within three feet of the property lines of adjacent properties.

(2)

Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

(3)

Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.

(4)

Hedge. A row of bushes of small trees or shrubs planted close together which may form a barrier, enclosure or boundary.

(b)

Setback and height requirements. Fences, walls and continuous linear shrubbery, such as hedges are allowed in all yards provided they do not to exceed four feet in height in front yards except at corner lots, three feet in height at corner lots, and six feet in height in side and rear yards.

(c)

Security fences. Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(d)

Prohibited fences. No fence shall be constructed which is a picket fence or which is of an otherwise dangerous condition, or which conducts electricity or is designed to electrically shock or which uses barbed wire, provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are ten feet above the ground or height and project toward the fenced property and away from any public area. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

(e)

Maintenance. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

(f)

Temporary fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein, but the fences shall not be erected for more than 45 days.

(g)

Nonconforming fences and hedges. Any fence or hedge existing on the effective date of the ordinance from which this division is derived and not in conformance with this section may be maintained, but any alteration, modification or improvement of the fence shall comply with this section.

(Code 1991, § 13-1-132)

(a)

Exempt pools. Storable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 15 inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this section.

(b)

Construction requirements. In addition to such other requirements as may be reasonably imposed by the zoning administrator, the zoning administrator shall not issue a permit for construction under this section unless the following construction requirements are observed:

(1)

All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and codes and with any and all ordinances of the city now in effect or hereafter enacted.

(2)

All plumbing work shall be in accordance with all applicable ordinances of the city and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method and, in no case, shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located on in the general vicinity.

(3)

All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the state laws and city ordinances regulating electrical installations.

(c)

Setbacks and location requirements. Private swimming pools shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and the lot is occupied by a principal building. No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in this chapter for an accessory building, and in no case shall the water line of any pool be less than six feet from any lot line.

(d)

Fencing. Pools within the scope of this section which are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool. Such fence or wall shall not be less than six feet in height and so constructed as not to have voids, holes or openings larger than four inches in one dimension. Gates or doors shall be kept locked while the pool is not in actual use. The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of 36 inches high on the top or the pool has unobstructed sidewalls of at least 36 inches with access restricted by means of a removable or folding ladder.

(e)

Existing pools to comply. All swimming pools existing at the time of passage of the ordinance from which this section is derived that are not satisfactorily fenced shall comply with the fencing requirements of this section immediately or, if the pool is under construction, repair or maintenance, no later than when water is placed in the pool.

(Code 1991, § 13-1-133)

To ensure that home occupations do not undermine the general intent and purpose of this chapter and the specific purposes of the residential districts, all home occupations must comply with the following conditions of use:

(1)

Only those occupations which, by their nature, can be carried out safely in homes without generating any nuisance or hazards are allowed.

(2)

Such occupations shall not have more than one principal and one assistant involved in the operation other than family members living on the premises.

(3)

Home occupations may not occupy more than 25 percent of the total floor area of the house.

(4)

Activities which involve the manufacture, utilization, processing or storage of inflammable and explosive materials shall not be carried out.

(5)

No operation producing any form of glare or heat shall be carried out as home occupations.

(6)

Home occupations shall not produce noise or sound that may be heard in the adjacent property.

(7)

No odors or vibrations may emanate from home occupations.

(8)

No activity shall emit radioactive or electrical disturbances or excessive noise outside the premises that are dangerous or may adversely affect the use of neighboring premises.

(9)

There shall be no outside storage of any kind related to the home occupation.

(Code 1991, § 13-1-134)