A.   Intent: The following provisions shall be subject to the general regulations of this chapter and to the special provisions and exceptions in this and the following sections so as to secure the intent of this chapter. In all cases of administration and enforcement of this chapter for which no other specific provisions are made in this section and other provisions herein, the planning and zoning commission shall provide for the same by order, resolution or the adoption of a rule, regulation or bylaw, which provision shall be in accord with and consistent with the objectives and standards of this chapter.

   B.   Original Lots Of Record: Any single lot or parcel of land, held in one ownership, that was of record and a legal lot at the time of adoption hereof, but does not meet the requirements of the district in which it is located for minimum lot width or area, may be utilized for a permitted use if all other requirements of this chapter are met. (2003 Code § 11-09-01)

   A.   Permitted: An "accessory use", as defined in section 11-1-3 of this title and as regulated herein, is permitted in any district where the principal use to which it is accessory is permitted.

   B.   Height Limit Exceptions: If allowed by conditional use permit, the building height limits provided in the zone regulations may be exceeded by towers, flagpoles, gables, spire, cupolas, water tanks and like structures, including mechanical appurtenances, except that in no case shall the excepted structure cover at any point above the height limit an area greater than fifteen percent (15%) of the area of the lot.

   C.   Restrictions On Tower And Gable Structures: No tower, gable, spire or similar structure shall be used for sleeping or eating quarters, nor for any commercial purposes other than such as is incidental to the main use.

   D.   Permitted Uses In Any Yards: The following shall be permitted in any yard:

      1.   Cornices, canopies, eaves or other architectural projections that do not increase the volume of space enclosed by the building and do not project into any required yard more than two feet (2'); provided, that an unroofed stair and landing, together with a railing, may project not more than three feet (3') into the minimum setback requirement.

      2.   Chimney, not more than eight feet (8') in width projecting no more than twenty four inches (24") into the minimum setbacks.

      3.   Access driveways providing reasonable access to required private or public areas, including garages. Driveways that extend through the setback in other than a perpendicular manner may be approved if due to physical limitations of the site or for aesthetic or safety purposes. The planning director may approve such unusual driveways upon a determination that the following are true:

         a.   The driveway is clearly for access to a garage or parking area; and

         b.   The proposed driveway does not have a negative impact on adjacent properties; and

         c.   The driveway is required because of physical limitations of the site; or

         d.   The driveway is required to enhance the aesthetics of the site such as preserving existing trees; or

         e.   The driveway is required for safety reasons, such as avoiding backing into a busy street or a street with limited motorist visibility.

Driveways that are not approved by the zoning administrator/building director require a variance from the planning and zoning commission.

      4.   Flagpoles shall conform to the height limit allowed within the zone unless approved in accordance with the provisions of subsection B of this section.

      5.   Accessory structures under one hundred twenty (120) square feet in area and under seven feet (7') in height are permitted in any yard area, except in front of the main building.

   E.   Permitted Uses In Rear Yards: The following shall be permitted in rear yards:

      1.   Unroofed balcony in rear yard; provided, that no such balcony shall project more than four feet (4') into such yard.

      2.   "Backyard composting", as defined in section 11-1-3 of this title. (2003 Code § 11-09-02)

   A.   Permitted: Any use or structure lawfully occupying a building or land at the effective date hereof, or subsequent amendments thereto, or at the time of annexation or rezone, which does not conform with the regulations of the district in which it is located, shall be deemed a nonconforming use and may continue to operate as it did prior to the ordinance. A nonconforming use shall exist if the owner or developer of such use has lawfully, in reliance on existing laws, ordinances or permits, made substantial expenditures or otherwise committed himself, to a substantial disadvantage, before the law, ordinance or permit is changed. Substantial shall be measured by consideration of all factors evidencing a change of position.

   B.   Enlargement Of Nonconforming Use: No nonconforming use may be enlarged, expanded or altered except to make it a conforming use. Maintenance and minor repairs necessary to keep a nonconforming use in sound condition during the continuance shall be permitted. The right to maintain a nonconforming use runs with the land and is not terminated by a change in ownership, provided the nonconforming use is not enlarged, expanded or altered.

   C.   Nonconforming Use Abandonment: Whenever a nonconforming use of land or a building has been discontinued for a continuous period of six (6) months, or in the case of a building originally designed for a commercial or industrial use for a continuous period of one year; or whenever there is otherwise evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not thereafter be reestablished, and the use of the premises thereafter shall be in conformity with the regulations for the district. Any nonconforming use that is illegally expanded shall lose its nonconforming use status.

   D.   Establishing Legal Nonconforming Use: A legal nonconforming use may be established upon application through the staff level review process outlined in subsection 11-3-5A1 of this title, subject to review of verification documentation submitted by the applicant. Following is a list of some, but not all, types of documentation that are accepted as verification of a legal nonconforming use (grandfather right):

      1.   Documentation:

         a.   Licenses; such as beer, liquor, retail, or professional occupation showing dates of use.

         b.   Rental property; receipts showing dates of use, directories, utility bills, etc.

         c.   Business; receipts showing types of service or goods provided, dated phone directories, Polk's directory, etc.

         d.   Statements from utilities, such as power, water or gas, that indicate date and type of use, i.e., commercial, multi-family residential, etc.

         e.   Notarized statements from neighbors who have observed the nonconforming use over the required time period.

      2.   Procedures: Every application for a certificate of legal nonconforming use shall be deemed to be an application for a zoning certificate. The zoning administrator/building director or his/her designee must review the verifying documentation submitted and make a determination of approval or denial of the application within fifteen (15) calendar days of receipt of application and will submit the findings and conclusions in writing to the applicant. The decision of the zoning administrator/building director may be appealed by the applicant or any affected person within ten (10) calendar days of the date of the approval or denial in accordance with section 11-3-7 of this title. (2003 Code § 11-09-03)

All streets, alleys, railroad rights of way, canal rights of way and other public ways, if not otherwise specifically designated, shall be deemed to be in the same zoning district as the property immediately abutting upon such alleys, streets, public ways, waterways and railroad rights of way. (2003 Code § 11-09-04)

Wherever the regulations made under the authority of this title require a greater width or size of yards or courts, are more restrictive as to height of building or permit of a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose standards that are more restrictive than are required by any other city ordinance or regulation, the provisions of this title shall govern. Wherever the provisions of any other city ordinance or regulation require a greater width or size of yards or courts, or are more restrictive as to the height of buildings or permit of a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other standards that are more restrictive than are required by the regulations contained herein, the provisions of such ordinance or regulation shall govern. (2003 Code § 11-09-05)

This chapter shall not limit or interfere with the temporary use of any property as a public voting place, or with the construction, installation or operation of the following by any public agency or private corporation, when such construction is otherwise in conformity with all federal, state, county and city regulations:

   A.   Public street or highway.

   B.   Poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, wells, valves or any other similar distributing and transmitting equipment for telephone or other communications, electric power, gas, water and sewer lines, provided that the installation shall conform when applicable with the rules and regulations of any federal or state commissions and agencies, or any other authorities having jurisdiction and subject to other city ordinance provisions, rules and regulations; except that poles, towers or similar installations of a height of seventy feet (70') or greater are subject to subsection 11-6A-6J of this title. Electrical substations are considered a major utility facility and are subject to the requirements of this title.

   C.   Railroad right of way, excluding yards and stations.

   D.   Incidental appurtenances to any of the above. (2003 Code § 11-09-06)

No fence or wall shall be constructed or installed in any zone without the review and approval of such by the zoning administrator/building director. Permits are valid for one year from the date of approval. An administrative application shall be submitted to determine compliance with the following approval criteria:

   A.   Electric fences:

      1.   Electric fences may be permitted in Rural Ranchette zones or where there are non-conforming agricultural uses where fencing must be sufficient to keep farm animals on the subject property and built commensurate with the type of animal and size.

         a.   Electric fencing systems must meet the most current adopted electrical code.

         b.   Electric Fences must be installed to manufacturer’s specifications.

         c.   Electric fences shall only be allowed to be installed on the side of the fence wherein the animals are contained.

      2.   Electric fences are prohibited in all other zones or where there is not a non-conforming agricultural use within the corporate limits of the city.

      3.   This fence regulation section is not intended to regulate or prohibit underground electric fencing.

   B.   Barbed Wire Fences:

      1.   Barbed wire may be permitted in commercial and industrial zones only when used as the top section for security fences.

         a.   Any barbed wire forming part of a security fence shall be a minimum of seventy two inches (72") above grade.

      2.   Barbed wire may be permitted in Rural Ranchette zones or where there are non-conforming agricultural uses where fencing must be sufficient to keep farm animals on the subject property and built commensurate with the type of animal and size.

      3.   Public correctional or penal facilities are exempted from this limitation.

   C.   Walls And Screens: For the purposes of this section, walls, latticework and screens are considered to be fences and shall be built and maintained in compliance with the provisions hereof.

   D.   Use Of Specific Materials Prohibited: The use of boxes, sheet metal, wafer board, OSB, damaged or broken materials, or any fencing material that does not meet the city’s design loads is hereby prohibited.

   E.   Height Regulations:

      1.   Interior Lots: Solid or closed nonvision fences to a height of thirty six inches (36"), or open vision type fences to a height of forty eight inches (48"), may be built from the front yard setback to and including the front property line. Fences to a height of seventy two inches (72") may be built from the front yard setback to and including the rear property line.

      2.   Corner Lots:

         a.   Any fence, wall or planting on or within the clear vision triangle shall be limited to thirty six inches (36") in height measured from the crown of the street.

         b.   Solid or closed nonvision fences to a height of thirty six inches (36") or open vision type fences to a height of forty eight inches (48"), may be built along the front property line and along the side property line to the front yard setback, except that a fence of seventy two inches (72") in height may be built upon street and side property lines from the front yard setback to and across the rear property line provided that no fence that exceeds thirty six inches (36") in height may be erected in the clear vision triangle.

      3.   Variance: To vary the above requirement, the provisions of section 11-6A-10 of this title shall be complied with.

   F.   Concrete, Masonry Walls: Concrete and masonry walls and fences over seven feet (7') tall must also be approved by the building department.

   G.   Location; Agreements With Adjoining Property Owners: The fence must be built entirely upon the property that it was permitted for unless agreements are made with the adjoining property owners. These agreements need not be submitted with the application; however, the permit shall become void if the applicant fails to procure them.

(2003 Code § 11-09-07; amd. Ord. 2277, 9-2-2025)