No structure or land shall hereafter be used and no structure or part thereof shall be erected, re-constructed, converted, moved or structurally altered unless in conformity with the regulations as set forth in this chapter. However, buildings which are legally non-conforming with respect to yard areas or height may be structurally altered or enlarged providing the portion of the building which is altered or the portion of the building which is added is in conformity with the provision of this chapter.

(Ord. No. 2232, 8-8-2017)

Every building hereafter erected, re-constructed, converted, moved, or structurally altered, shall be located on a lot of record which abuts at least one public street or public/private alley and in no case shall there be more than one main building and its customary accessory building(s) on one lot except as provided for in this chapter.

(Ord. No. 2232, 8-8-2017)

No part of a yard, parking space or other open space required for any building or use.

For the purpose of complying with the; provisions of this chapter shall be included as part of a yard or a parking space required under this chapter for another building.

(Ord. No. 2232, 8-8-2017)

No lot shall be reduced in area so that yards, lot area per family, lot width, building area or other requirements of this chapter are not maintained.

(Ord. No. 2232, 8-8-2017)

No substantial impediment to visibility between the heights of three and eight feet shall be created or maintained at road intersections within a triangular area described as follows;

Beginning at the point of intersection of the edges of the driving surface then to a point 25 feet along both intersecting edges and then along a transverse line connecting these points.

(Ord. No. 2232, 8-8-2017)

If two or more lots or a combination of lots and portions of lots with contiguous frontage in single ownership or of record at the time of passage of this chapter and if all or part of the lots do not meet the requirements for lot width and the area as established by this chapter, the lot involved shall be considered to be an un-divided parcel for the purpose of this chapter and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter nor shall any division of the parcel be made which leaves remaining any lot with width or area below these stated in this chapter.

(Ord. No. 2232, 8-8-2017)

Revolving signs of the type similar to the revolving beacons of flashing lights used by police cars, fire trucks and ambulances are prohibited in all districts irrespective of the color of the light used.

(Ord. No. 2232, 8-8-2017)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare.

Whereever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants the most restrictive or that imposing the highest standards shall apply.

(Ord. No. 2232, 8-8-2017)

All materials or waste which might cause fumes, dust, odors or constitute a fire hazard or attract rodents or insects shall be stored outdoors only in closed bins or containers.

(Ord. No. 2232, 8-8-2017)

Temporary buildings used in conjunction with construction work only may be permitted in any district during the period the construction is in progress, but such temporary buildings shall be removed upon completion of the construction work. No permit shall be required for such a temporary building.

(Ord. No. 2232, 8-8-2017)

Fences may be erected along the boundaries of a lot or yard area subject to the requirements of the building code and regulations contained in this chapter.

(Ord. No. 2232, 8-8-2017)

Power, heating, or refrigerating plants, apparatus or machinery which are accessory to permitted uses shall be permitted only if placed and operated so as to comply with existing ordinance and not cause serious annoyance or injury to occupants of adjoining premises.

(Ord. No. 2232, 8-8-2017)

Existing railroads and utilities may continue to be operated and maintained in dwelling and commercial districts, but no new railroad or utility structure other than the usual poles, transformers and other similar appurtenances, wires, underground utilities, electric substations and gas pressure regulating and metering stations and sewerage pumping stations shall be established except when so authorized by the board of alderman.

(Ord. No. 2232, 8-8-2017)

Where a lot has an area or frontage less than the minimum requirements for the district in which it is located, but was a lot of record in separate ownership from adjacent property at the time of passage of this chapter, such lot may be used only for single family residential purposes or for any non-residential purposes permitted in the district in which the property is located.

(Ord. No. 2232, 8-8-2017)

More than one main institutional, public or semi-public, commercial or industrial building may be built on a lot provided it is located within the buildable area of the lot.

(Ord. No. 2232, 8-8-2017)

Where a lot in a commercial or industrial district abuts a lot in a residential district, there shall be provided along such abutting line a yard equal in width or depth to that required in the residential district.

(Ord. No. 2232, 8-8-2017)

Where the frontage on one side of the street between two intersecting streets is zoned partly as residential and partly as commercial or industrial, the front yard depth in the commercial or industrial district shall be equal to the required front yard depth of the residential district.

(Ord. No. 2232, 8-8-2017)

On every corner lot there shall be provided on the side street a side yard equal in depth to one half (1/2) the required front yard depth on the said side street. The front yard requirements of a residential district shall prevail over that of a commercial or industrial use.

(Ord. No. 2232, 8-8-2017)

Setback requirements shall be measured from the rainfall roof drip-line (or eaves) of the principal buildings, accessory buildings, garages and covered, but unenclosed structures (e.g. porches, carports, patios, verandas, galleries, covered outdoor kitchens, gazebos, porte cochere, belvederes, sheds, pool cabanas, windows and door awnings) which shall not be closer than five feet to any side or rear property line of a recognized and approved buildable lot of record.

(Ord. No. 2232, 8-8-2017; Ord. No. 2267, 12-8-2020; Ord. No. 2273, 12-14-2021)

Editor's note— Ord. No. 2273, adopted December 14, 2021, repealed § 23-4.20, which pertained to required yard area open to the sky and derived from Ord. No. 2232, 8-8-2017.

If 40 percent or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed front yards less than that required, no building need be set back from the street more than the average front yard depth of such buildings.

(Ord. No. 2232, 8-8-2017)

Open fire escapes may extend into any required yard not more than five feet.

(Ord. No. 2232, 8-8-2017)

Bay windows may project into any required yard not more than two feet.

(Ord. No. 2232, 8-8-2017)

Buildings used for housing animals shall not be permitted within 50 feet of any lot line.

(Ord. No. 2232, 8-8-2017)

The building area of accessory buildings shall not be greater than 40 percent of the required rear yard area.

(Ord. No. 2232, 8-8-2017)

No part of any structure, other than a fence, and no part of any building shall be built less than five feet from any lot line. Additionally, no part of any such structure or accessory building shall be taller than twice the distance such part of the subject structure or accessory building is from any lot line.

(Ord. No. 2232, 8-8-2017; Ord. No. 2273, 12-14-2021; Ord. No. 2276, 6-14-2022)

Accessory buildings shall not be built in the front yard or within the area of minimum setback for the side yard, and the front setback for an accessory building shall be no closer to the front lot line than the part of the front of the principal building located furthest from the front lot line. In addition, no accessory building shall be closer than 40 feet from to the front lot line.

(Ord. No. 2232, 8-8-2017; Ord. No. 2276, 6-14-2022)

Editor's note— Ord. No. 2293, adopted February 14, 2024, repealed §§ 23-4.28.1—23-4.28.5, which pertained to home occupations and derived from Ord. No. 2232, adopted 8-8-2017.

In zoning districts R-1, R-2, and R-3, one temporary model home for a qualified residential subdivision may be allowed upon the issuance of a temporary model home permit by the planning director, and issuance of an occupational license by the city, to the developer of such subdivision, and payment of all fees associated therewith. Upon qualification and approval, the temporary model home permit shall be valid for a period of two years after permit issuance. A temporary model home permit may be renewed for a period of up to two years, as determined by the board of aldermen. No temporary model home shall be permitted without compliance with all of the following:

(1)

A temporary model home shall only be permitted within a residential subdivision, or phase thereof, consisting of at least 50 residential lots, for which final plat approval has been obtained by the developer, and for which such temporary model home serves.

(2)

No dwelling shall be occupied or utilized as a temporary model home during any period in which the temporary model home permit is not current and valid, or any period in which an occupational license is not current and valid, for such dwelling.

(3)

The temporary model home shall be of the type of construction and accoutrements, and shall have a floor plan of a single-family dwelling developer is building for sale within the subdivision, or phase thereof, which the temporary model home serves. No alteration of such dwelling shall be made which changes the residential character or appearance of such dwelling.

(4)

No sign, other than one unlit sign not over two square feet in area attached flat against the dwelling, shall be permitted upon the lot in which the temporary model home is situated.

(5)

All parking space for a temporary model home shall be exclusively upon the driveway within the lot line of said lot. No street parking shall be allowed.

(6)

All business associated with the temporary model home which involves visitation by the public must be conducted within the hours of 7:30 a.m. and 6:00 p.m.

(7)

Upon termination of the temporary model home permit, or renewal thereof, if applicable, no further business may be conducted at such dwelling, unless in accordance with such other provisions of the Code of Ordinances that permits same.

(Ord. No. 2280, 9-13-2022)

No dwelling shall have exposed metal wall panels on any exterior wall. Regulations in this ordinance shall apply to residential dwellings only; not accessory buildings.

(Ord. No. 2282, 5-9-2023)