No person, firm or corporation shall use or permit to be used any land or buildings, nor shall any person, firm or corporation make, erect, construct, move, alter, enlarge or rebuild or permit the making, erection, construction, moving, altering, enlarging or rebuilding, structure or improvement, which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, yard, space, and other requirements established in the district which such land, building, structure or improvement is located, except as provided by chapter 11 of this title. Nothing in this title shall be deemed to require a change in plans, construction or designated use of any building, where a building permit has been lawfully issued prior to the effective date hereof, and pursuant to such permit, construction is diligently carried to completion. Upon completion, such building or use shall be deemed nonconforming and may continue as regulated by chapter 11 of this title.

(Ord. 272, 4-2-1974)

A lot shall not hereafter be divided into two (2) or more lots, unless all lots resulting from such division conform to all the applicable regulations of the zoning district in which located.

(Ord. 272, 4-2-1974)

Within a lot containing more than one detached residential building, there shall not be more than forty (40) dwelling units, unless the lot has been included within a subdivision plat approved by the planning commission subsequent to April 2, 1974, and duly filed of record, and except in the case of a lot which is within an approved planned unit development.

(Ord. 272, 4-2-1974)

No lot shall contain any building used in whole or in part for residential purposes unless such lot has a minimum of thirty feet (30') of frontage on a public street or dedicated right-of-way, except as provided for a substandard lot of record, a lot dedicated within an approved planned unit development, and a lot within an approved townhouse development.

(Ord. 272, 4-2-1974)

Not more than one single-family dwelling may be constructed on a lot, except in the case of a lot which is within an approved planned unit development or an accessory dwelling unit (ADU) approved by special exception as follows:

A.

A lot of record which is subject to a restrictive covenant prohibiting more than one dwelling unit per lot shall not be eligible for an ADU special exception;

B.

The board of adjustment shall consider the specific plans for the ADU and its relation to the principal dwelling and surrounding neighborhood and shall place reasonable conditions on the special exception approval as may be necessary to prevent undue adverse impacts;

C.

ADUs, if detached from the principal dwelling, shall meet the requirements prescribed for a detached accessory building;

D.

An ADU shall not be subdivided or otherwise segregated in ownership from the primary residential unit;

E.

An ADU shall not contain more than one bedroom;

F.

Manufactured and modular homes shall not be used as ADUs;

G.

ADUs, whether detached from or attached to the principal dwelling, shall match the exterior materials of the primary residential unit and comply with the restrictive covenants affecting the lot, if any;

H.

An ADU shall not be considered in calculating livability space or land area per dwelling.

(Ord. 2031, 12-21-2009)

The following structures shall not be subject to the height limitations of the district in which they are located:

A.

Belfries, chimneys, cupolas, domes, elevators, penthouses, flagpoles, monitors, smokestacks, spires, cooling towers and ventilators, provided they are not intended for human occupancy.

B.

Ground and structure supported accessory antennas, aerials and towers, including elevating structures of a nonhabitable nature, which do not exceed a total aggregate height of sixty feet (60') above the natural land grade and which meet the following requirements:

1.

No portion of the antenna or antenna supporting structure or any anchor or guy line may encroach upon the land area or airspace of any adjoining or abutting property;

2.

In a residential district, no portion of the antenna or antenna supporting structure may extend beyond the front yard building setback line or extend into any established front yard or into any side yard; provided, that:

a.

Nonguyed, omnidirectional, single element vertical antennas not exceeding one hundred twelve inches (112") in height, and not exceeding one and three-fourths inches (1¾") outside diameter shall be permitted in addition to the sixty foot (60') aggregate height limitation;

b.

The restrictions established by this section may be modified by board of adjustment special exception approval, subject to the minimum requirements for special exception approvals and such additional safeguards and conditions as may be imposed by the board of adjustment.

(Ord. 272, 4-2-1974; amd. Ord. 753, 5-7-1997; amd. 2006 Code)

The lot area and width requirements of the zoning districts shall not apply to the uses, other than fire protection and ambulance services, included within use unit 4, public protection and utility facilities.

(Ord. 272, 4-2-1974; amd. 2006 Code)

A.

Compliance With Yard Requirements: Except as otherwise provided, required yards shall be open and unobstructed from the ground to the sky. Yards provided for a building, for the purpose of complying with the provisions of this title, shall not be considered the yard for any other building, and yards provided for a lot shall not be considered the yard of any other lot.

B.

Permitted Yard Obstructions: Obstructions are permitted in required yards as follows:

1.

Cornices, canopies, eaves, fireplaces and similar architectural features may project not more than two feet (2') into a required yard.

2.

Fire escapes may project not more than four and one-half feet (4½') into a required yard.

3.

Fences, hedges, plant materials and walls may be located in any yard; provided, that corner traffic visibility is maintained in accordance with the city traffic code. Fences and walls within yards shall not exceed a height of eight feet (8'). Any fence or wall which projects into or encloses a required front yard shall not exceed a height of four feet (4'). The board of adjustment, as a special exception, may modify these limitations.

4.

Signs which are permitted as accessory uses in residential districts may be located within any yard which is bounded by a public street.

5.

In the RE and RS districts, detached accessory buildings may be located in a rear yard, provided the accessory building(s) in the aggregate do not cover more than twenty percent (20%) of the area of the rear yard or exceed eight hundred (800) square feet of floor area, whichever is less.

No accessory building shall exceed the height of the primary dwelling on the lot.

In the RE and RS districts, lots containing at least one acre of lot area shall be permitted to exceed the eight hundred (800) square foot floor area limitation by 11.6 percent. Further, lots containing 1.25 acres or more of lot area shall be permitted to exceed eight hundred (800) square feet by an additional 11.6 percent for each one-fourth (¼) of an acre over one acre, provided that in no case shall accessory building(s) in the aggregate exceed the square footage of the first floor of the primary dwelling or two thousand four hundred (2,400) square feet, whichever is less, or cover more than twenty percent (20%) of the area of the rear yard.

6.

Swimming pools, tennis courts, patios, fallout and other protective shelters in the rear yard only, unless approved for a special exception in accordance with the substantive and procedural standards for the same set forth in this zoning code. Carports shall comply with the special exception and other carport regulations set forth in this zoning code.

7.

Mobile home hitches.

8.

Customary accessory structures, such as clotheslines, barbecue pits and playground equipment.

9.

Carports may be permitted in required yards by special exception, as provided in chapter 4 of this title. Carports in all other areas shall be permitted by right, provided such carport does not cover an area of more than four hundred (400) square feet and provided that no portion of a carport structure shall be nearer to the side lot lines than the principal building on the lot, nor five feet (5'), whichever is a greater distance from the side lot line.

No portion of any carport structure shall extend more than twenty feet (20') from the front of the existing principal building. Carports may be a detached accessory structure or an integral part of the principal building. The maximum floor area limitations of this title pertaining to accessory buildings shall not apply to carports.

C.

Parking and Yard Areas:

1.

No inoperative or unlicensed motor vehicles shall be parked or stored within the front or exterior side yard in an R district.

2.

In all districts, all driveways and all parking areas shall be constructed of a dust free, all weather, hard surface material complying with the Bixby engineering design criteria; provided, however, that an exemption shall be allowed under the following qualifying criteria and conditions:

a.

The lot of record is used for dwelling purposes;

b.

The lot of record was created prior to October 10, 2005;

c.

The lot of record contains a lot area of 1.0 acre or more;

d.

The paving requirement set forth above shall be applied to an area of rectangular configuration measuring no less than twenty feet by twenty feet (20' × 20'), located immediately in front of the garage or otherwise where automobiles will regularly be parked;

e.

The paving requirement set forth above shall be applied to all of the apron located within the street right-of-way, but only if the street itself is paved with asphalt or concrete;

f.

The driveway must be designed to divert unpaved driveway materials from being carried onto the apron or the street, as determined by the city engineer upon driveway permit application;

g.

The street itself does not have curbs; and

h.

The city planner shall accept and review the driveway permit application and approve the same as in conformity to the above listed criteria and conditions. If the application is rejected, an appeal shall be to the board of adjustment as provided in this title for an appeal.

3.

Within the RM districts, not more than one vehicle shall be parked for each six hundred (600) square feet of area contained in a required front or exterior side yard.

D.

Common Property Lines: Dwellings shall be allowed to be constructed over the common property lines of two (2) or more lots under common ownership. When this is done, the affected lots shall be recognized as a singular lot, for zoning compliance purposes, as if the common property line no longer existed.

(Ord. 272, 4-2-1974; amd. Ord. 2020, 7-27-2009; Ord. 2031, 12-21-2009)

Where an existing building or buildings on the same side of the street and within the same block encroach on the required front yard or building setback, the required front yard or building setback for new construction shall be established as follows:

A.

If the proposed building is to be located more than two hundred feet (200') from an encroaching building, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located.

B.

If the proposed building is to be located between adjacent buildings which conform to the required front yard or building setback, or between a conforming building and an intersecting street, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located.

C.

If the proposed building is to be located within two hundred feet (200') of encroaching buildings on both sides and there are no intervening buildings, the front yard or building setback shall be the average of the front yard or setback of the two (2) nearest front corners of the encroaching buildings.

D.

If the proposed building is to be located within two hundred feet (200') of an encroaching building on one side, but not both sides, and there are no intervening buildings, the front yard or building setback shall be the average of the otherwise required front yard or setback and the setback of the nearest front corner of the encroaching building.

(Ord. 272, 4-2-1974; amd. Ord. 2031, 12-21-2009)

A.

Purpose: For the purpose of maintaining a compatible relationship between certain land uses, a screening requirement is hereby established for the initiation and continuance of particular uses in such instances as may be hereinafter designated.

B.

Night-Time Use: Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

C.

Specifications: When the provisions of this title require the construction of a screening wall or fence as a condition for the initiation and subsequent continuance of a use, unless otherwise specified, the screening wall or fence shall be opaque and adhere to the following regulations:

1.

Shall be constructed with customarily used fencing materials, and shall be designed and arranged to provide visual separation of uses irrespective of vegetation;

2.

Shall not be less than six feet (6') in height, except when in a required front yard, in which case the screening wall or fence shall be four feet (4') in height, nor taller than eight feet (8');

3.

Shall be constructed with all braces and supports on the interior, except when both sides are of the same design and appearance;

4.

Shall be erected prior to the occupancy of the building or initiation of the use required to be screened;

5.

Shall be uniform in height, except for significant changes in topography;

6.

Shall have a consistency of design;

7.

Shall, if painted, be earth tone in color when abutting an R district boundary; and

8.

Shall not be a chainlink fence which utilizes inserts of metal or other materials.

D.

Maintenance: The screening wall or fence shall be maintained by the owner of the lot containing the use required to construct the screening. Failure to maintain after notice by the building inspector shall constitute a violation of this title.

E.

Modification of the Screening Wall or Fence Requirements: The board of adjustment, as a special exception, may:

1.

Modify or remove the screening requirement where existing physical features provide visual separation of uses.

2.

Modify the screening requirement where an alternative screening will provide visual separation of uses.

3.

Grant an extension of time to erect a screen where properties which are to be benefited by the screen are undeveloped.

4.

Remove or reduce the screening requirement where the purposes of the screening requirement cannot be achieved, or is prohibited by other ordinances and/or regulations.

F.

Screening Wall Upon Detailed Site Plan Approval: Upon detailed site plan approval, where required by this title, the planning commission may require that the screening requirement be satisfied using a screening wall, to include materials such as masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The planning commission may require this only when determined reasonable and appropriate based on the intensity of the land use requiring screening, the surrounding architectural context, or other such considerations specifically related to the development and the need for screening in its context.

(Ord. 2242, 6-11-2018)

No real property shall be zoned, rezoned or platted except upon application duly made by the owner of record or the duly appointed agent of such owner of record. The zoning, rezoning or platting of such real property includes a direct amendment to the proprietary interest of such property, and therefore, any and all persons or entities, public or private, must confer and participate in the zoning, rezoning or platting of such property. In the event the owner of record seeks to utilize the services of an agent or duly appointed representative to perform such zoning, rezoning or platting of such real property, then, in that event, such agent shall present simultaneously with the appropriate application, a certified and/or notarized copy of the document establishing agency.

(Ord. 804, 11-8-1999)

The city will permit the existence and use of apartments (residential living areas) within commercial buildings in the original downtown area of the city, subject to the following limitations:

A.

Living quarters in the downtown business district must be located in an upper floor of a multi-story building or in the rear of a single-story structure;

B.

No entrance to such residential living quarters may open directly from a street into living quarters and no downstairs living quarters may be visible from the street. This restriction shall not apply to a doorway leading to an upstairs apartment;

C.

Living quarters in a commercial building shall not comprise more than fifty percent (50%) of the total square footage of the building;

D.

Occupants of residential living quarters within a commercial building may not utilize more than two (2) on street parking spaces for their personal and/or business motor vehicles;

E.

Only single-family residences may be utilized within a commercial establishment;

F.

Where a commercial establishment is used to accommodate a single-family residence, that part of the building which is utilized for commercial purposes must conform to the commercial building code and that part which is utilized for residential purposes must conform to the residential building code and requirements;

G.

The residential use of a commercial property shall be limited to the owner of the business or to the principal manager of the business. In no circumstances may a residential unit within a commercial unit be for rental or lease purposes;

H.

The properties which are in use prior to or simultaneously with the passage of this section shall be grandfathered in and may continue to be utilized in their present form and purpose. Should such property be sold or conveyed after the passage date hereof, then, in that event, the property should be subject to all building code regulations and the requirements, restrictions and limitations of the city building code and ordinances.

(Ord. 868, 4-28-2003)

For the purpose of providing a proper arrangement of streets and assuring the adequacy of open spaces for the traffic, utilities, and access of emergency vehicles, commensurate with the intensification of land use customarily incident to a change of zoning, a platting requirement is established as follows: For any land which has been rezoned upon application of a private party, no building permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plat or replat, as the case may be, submitted to the planning commission for their review and recommendation, approved by the city council, and filed of record in the office of the county clerk where the property is situated. Provided that the city council, pursuant to their exclusive jurisdiction of subdivision plats, may remove the platting requirement upon a determination that the above stated purposes have been achieved by previous platting or could not be achieved by a plat or replat.

(Ord. 983, 11-12-2007)