76.- GENERAL REGULATIONS
All regulations in this title pertaining to districts hereof are subject to the general provisions, conditions and exceptions contained in this chapter.
(Code 1985, § 17.76.010; Ord. No. 424, exh. A(ch. 22.44(A)(part)), 1984)
Any land use possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts defined in this title shall be subject to the issuance of a use permit by the planning commission which shall consider factors to determine that the characteristics of the use will not be unreasonably incompatible with uses permitted in surrounding areas which might cause damage or nuisance from noise, smoke, odor, dust or vibration; cause hazard from explosion, contamination or fire; and cause hazard occasioned by unusual volume or character of traffic or congregation of a large number of people or vehicles.
(Code 1985, § 17.76.020; Ord. No. 424, exh. A(ch. 22.44(A)(1)), 1984)
There shall be vehicular access from a street or alley to off-street parking facilities on the property requiring off-street parking.
(Code 1985, § 17.76.030; Ord. No. 424, exh. A(ch. 22.44(A)(2)), 1984)
On corner lots in R-1 and R-2 districts, a side yard abutting the side street shall be five feet.
(Code 1985, § 17.76.040; Ord. No. 424, exh. A(ch. 22.44(A)(3)), 1984)
A six-foot high solid fence or masonry wall which is to be well maintained shall be erected in the C district to enclose motor vehicles stored for repairs to damage.
(Code 1985, § 17.76.050; Ord. No. 424, exh. A(ch. 22.44(A)(4)), 1984)
A.
All the provisions for off-street parking shall apply at the time of erection of any main building and shall be complied with when an existing building is altered or enlarged by the addition of dwelling units or guestrooms, or where a commercial use is intensified by the addition of floor space, seating capacity or seats for at least that portion of the facilities that are added.
B.
Where automobile parking space, provided and maintained on a lot in connection with a main building or structure at the time the ordinance from which this chapter is derived becomes effective, is insufficient to meet the requirements for the use with which it is associated, or where no such parking has been provided, the building or structure may be altered or enlarged or such use may be extended provided additional automobile parking spaces are provided to meet the standards for the use in conformity with the requirements set forth in this chapter for the enlargement, extension or addition proposed.
C.
Where calculation of the number of spaces required results in a fractional number, the next higher whole number shall be used.
D.
No motor vehicle shall be stored or parked in a residential or commercial zone other than in an entirely enclosed space, unless the vehicle is capable of movement under its own power.
(Code 1985, § 17.76.060; Ord. No. 424, exh. A(ch. 22.44(B)), 1984)
The following specifications for parking area improvements shall apply in all districts, whether now existing or concurrently or hereafter created, except the single-family residential district, or R-1 district, plans for the development of which shall be submitted to the planning department for prior review and approval in accordance with sound parking practice, and such other rules and regulations as may from time to time be established for the city planning department's guidance by resolution of the city council:
A.
Not less than two percent of the interior of a parking lot must contain appropriate landscaping. Such landscaping shall be continuously maintained.
B.
Lighting, when provided to illuminate such parking or display areas, shall be so arranged so as not to cause a nuisance either to highway traffic or to the living environment.
C.
All areas shall be surfaced or paved with asphaltic concrete or concrete surfacing. The thickness of the surfacing and base material, if required, shall be determined by the director of public works, and shall be maintained in good condition.
D.
Where a nonresidential use adjoins a multiple-residential use, or a multiple-residential use adjoins a single-family residential use, they shall be separated by a solid masonry wall five feet in height; provided the wall shall not exceed three feet in height where it is in the front yard area of an abutting residential use. Where no fence or wall is required along a boundary of an area covered by this section, there shall be a concrete curb not less than six inches in height securely installed and maintained as a safeguard to abutting property or public right-of-way. The barrier shall be not less than two feet from any property line, or not less than seven feet from any property line if a walkway is provided, on the subject property.
E.
Where a nonresidential use adjoins a multiple-residential use, or a multiple-residential use adjoins a single-family residential use, there shall be a border of appropriate landscaping not less than six feet in depth along the residential property. The landscaping shall be of such a variety that it will not grow over three feet high or shall be maintained at a height of not over three feet. Such landscaping shall be maintained. This landscaping shall not be considered as any part of the two percent interior landscaping.
F.
The location, number and width of all access points shall be as approved by the city planning department. In no case shall the width be less than 12 feet for a one-way access or less than 24 feet for a two-way access. In no case shall the nearest edge of the access point be closer than 12 feet to the end of the curb return at a street intersection.
G.
Concrete curbs shall be placed the entire width of the parking area which fronts on a public street, alley or other public way to delineate the access points.
H.
The parking area shall be graded so that it is four to six inches above the street, alley or other public way gutter. The parking area shall be graded in such a manner that any drainage will drain towards the street, alley or other public way, and will drain through the access point or points. A grading plan showing elevations every ten feet shall be filed with the city planning department for prior approval. Other satisfactory means of removing any drainage may be approved by the city planning department upon submission of drainage plans.
(Code 1985, § 17.76.070; Ord. No. 424, exh. A(ch. 22.44(C)), 1984)
Notwithstanding the foregoing provisions of this chapter, the same shall not apply to the following areas:
A.
That area lying between Main Street as the easterly perimeter, and Warren Street as the westerly perimeter, and Lagoon Street as the southerly perimeter, and Academy Street as the northerly perimeter;
B.
That area lying between Main Street, as the westerly perimeter, extending easterly therefrom for a depth of one parcel as the same are shown and reflected on the county assessor's map as of the effective date of the ordinance codified in this title, regardless of ownership, from Clarke Street on the south to May Street on the north.
The above-described parking exemptions shall not apply to activities such as churches, theaters, auditoriums, club houses, fraternity or sorority houses where principal use is not to provide overnight facilities, and similar places of assembly without first obtaining a conditional use permit.
(Code 1985, § 17.76.080; Ord. No. 486, § 1, 1999; Ord. No. 424, exh. A(ch. 22.44(D)), 1984)
Satellite receiving antennas must meet the requirements set forth in chapter 15.16.
(Code 1985, § 17.76.090; Ord. No. 424, exh. A(ch. 22.44(E)), 1984)
Signs in all residential districts will be prohibited except for the sale of property of which there will be a maximum of two such signs with a maximum of nine square feet per lot. The sign is not to be placed within public rights-of-way.
(Code 1985, § 17.76.100; Ord. No. 406, § 23, 1981)
All exterior signs in all commercial districts shall require a permit to be issued by the planning department and city building inspector before commencing work. Such exterior signs shall conform to the standards set forth in chapter 17.85.
(Code 1985, § 17.76.110; Ord. No. 406, § 22, 1981; Ord. No. 420, § 1, 1984; Ord. No. 576, § 2, 4-25-2022)
76.- GENERAL REGULATIONS
All regulations in this title pertaining to districts hereof are subject to the general provisions, conditions and exceptions contained in this chapter.
(Code 1985, § 17.76.010; Ord. No. 424, exh. A(ch. 22.44(A)(part)), 1984)
Any land use possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts defined in this title shall be subject to the issuance of a use permit by the planning commission which shall consider factors to determine that the characteristics of the use will not be unreasonably incompatible with uses permitted in surrounding areas which might cause damage or nuisance from noise, smoke, odor, dust or vibration; cause hazard from explosion, contamination or fire; and cause hazard occasioned by unusual volume or character of traffic or congregation of a large number of people or vehicles.
(Code 1985, § 17.76.020; Ord. No. 424, exh. A(ch. 22.44(A)(1)), 1984)
There shall be vehicular access from a street or alley to off-street parking facilities on the property requiring off-street parking.
(Code 1985, § 17.76.030; Ord. No. 424, exh. A(ch. 22.44(A)(2)), 1984)
On corner lots in R-1 and R-2 districts, a side yard abutting the side street shall be five feet.
(Code 1985, § 17.76.040; Ord. No. 424, exh. A(ch. 22.44(A)(3)), 1984)
A six-foot high solid fence or masonry wall which is to be well maintained shall be erected in the C district to enclose motor vehicles stored for repairs to damage.
(Code 1985, § 17.76.050; Ord. No. 424, exh. A(ch. 22.44(A)(4)), 1984)
A.
All the provisions for off-street parking shall apply at the time of erection of any main building and shall be complied with when an existing building is altered or enlarged by the addition of dwelling units or guestrooms, or where a commercial use is intensified by the addition of floor space, seating capacity or seats for at least that portion of the facilities that are added.
B.
Where automobile parking space, provided and maintained on a lot in connection with a main building or structure at the time the ordinance from which this chapter is derived becomes effective, is insufficient to meet the requirements for the use with which it is associated, or where no such parking has been provided, the building or structure may be altered or enlarged or such use may be extended provided additional automobile parking spaces are provided to meet the standards for the use in conformity with the requirements set forth in this chapter for the enlargement, extension or addition proposed.
C.
Where calculation of the number of spaces required results in a fractional number, the next higher whole number shall be used.
D.
No motor vehicle shall be stored or parked in a residential or commercial zone other than in an entirely enclosed space, unless the vehicle is capable of movement under its own power.
(Code 1985, § 17.76.060; Ord. No. 424, exh. A(ch. 22.44(B)), 1984)
The following specifications for parking area improvements shall apply in all districts, whether now existing or concurrently or hereafter created, except the single-family residential district, or R-1 district, plans for the development of which shall be submitted to the planning department for prior review and approval in accordance with sound parking practice, and such other rules and regulations as may from time to time be established for the city planning department's guidance by resolution of the city council:
A.
Not less than two percent of the interior of a parking lot must contain appropriate landscaping. Such landscaping shall be continuously maintained.
B.
Lighting, when provided to illuminate such parking or display areas, shall be so arranged so as not to cause a nuisance either to highway traffic or to the living environment.
C.
All areas shall be surfaced or paved with asphaltic concrete or concrete surfacing. The thickness of the surfacing and base material, if required, shall be determined by the director of public works, and shall be maintained in good condition.
D.
Where a nonresidential use adjoins a multiple-residential use, or a multiple-residential use adjoins a single-family residential use, they shall be separated by a solid masonry wall five feet in height; provided the wall shall not exceed three feet in height where it is in the front yard area of an abutting residential use. Where no fence or wall is required along a boundary of an area covered by this section, there shall be a concrete curb not less than six inches in height securely installed and maintained as a safeguard to abutting property or public right-of-way. The barrier shall be not less than two feet from any property line, or not less than seven feet from any property line if a walkway is provided, on the subject property.
E.
Where a nonresidential use adjoins a multiple-residential use, or a multiple-residential use adjoins a single-family residential use, there shall be a border of appropriate landscaping not less than six feet in depth along the residential property. The landscaping shall be of such a variety that it will not grow over three feet high or shall be maintained at a height of not over three feet. Such landscaping shall be maintained. This landscaping shall not be considered as any part of the two percent interior landscaping.
F.
The location, number and width of all access points shall be as approved by the city planning department. In no case shall the width be less than 12 feet for a one-way access or less than 24 feet for a two-way access. In no case shall the nearest edge of the access point be closer than 12 feet to the end of the curb return at a street intersection.
G.
Concrete curbs shall be placed the entire width of the parking area which fronts on a public street, alley or other public way to delineate the access points.
H.
The parking area shall be graded so that it is four to six inches above the street, alley or other public way gutter. The parking area shall be graded in such a manner that any drainage will drain towards the street, alley or other public way, and will drain through the access point or points. A grading plan showing elevations every ten feet shall be filed with the city planning department for prior approval. Other satisfactory means of removing any drainage may be approved by the city planning department upon submission of drainage plans.
(Code 1985, § 17.76.070; Ord. No. 424, exh. A(ch. 22.44(C)), 1984)
Notwithstanding the foregoing provisions of this chapter, the same shall not apply to the following areas:
A.
That area lying between Main Street as the easterly perimeter, and Warren Street as the westerly perimeter, and Lagoon Street as the southerly perimeter, and Academy Street as the northerly perimeter;
B.
That area lying between Main Street, as the westerly perimeter, extending easterly therefrom for a depth of one parcel as the same are shown and reflected on the county assessor's map as of the effective date of the ordinance codified in this title, regardless of ownership, from Clarke Street on the south to May Street on the north.
The above-described parking exemptions shall not apply to activities such as churches, theaters, auditoriums, club houses, fraternity or sorority houses where principal use is not to provide overnight facilities, and similar places of assembly without first obtaining a conditional use permit.
(Code 1985, § 17.76.080; Ord. No. 486, § 1, 1999; Ord. No. 424, exh. A(ch. 22.44(D)), 1984)
Satellite receiving antennas must meet the requirements set forth in chapter 15.16.
(Code 1985, § 17.76.090; Ord. No. 424, exh. A(ch. 22.44(E)), 1984)
Signs in all residential districts will be prohibited except for the sale of property of which there will be a maximum of two such signs with a maximum of nine square feet per lot. The sign is not to be placed within public rights-of-way.
(Code 1985, § 17.76.100; Ord. No. 406, § 23, 1981)
All exterior signs in all commercial districts shall require a permit to be issued by the planning department and city building inspector before commencing work. Such exterior signs shall conform to the standards set forth in chapter 17.85.
(Code 1985, § 17.76.110; Ord. No. 406, § 22, 1981; Ord. No. 420, § 1, 1984; Ord. No. 576, § 2, 4-25-2022)