The yard requirements stipulated elsewhere in this chapter may be modified as follows, unless exceptions are otherwise indicated:

(1)

Uncovered stairs. Uncovered stairs, landings and fire escapes may project into any yard but shall not exceed ten feet nor be closer than three feet to any lot line.

(2)

Architectural projections. Architectural projections, such as sills, eaves, belt courses and ornaments, may project into any required yard, but such projection shall not exceed two feet.

(3)

Fences, screening and vision clearance.

a.

Statement of purpose. This subsection is established to recognize the public and private benefits accrued from functional and aesthetic screening between areas of incompatible land uses, the increasing demand for active and passive recreational areas, the desirability of providing visual screening of certain parking lots, business and manufacturing areas, and the necessity of providing adequate vehicular vision clearance.

b.

Screening. Screening or fencing erected, places, maintained or grown shall comply with the following provisions:

1.

Screening in a front yard shall not exceed a height greater than four feet above the curb level or its equivalent. Provided, however, that within ten feet from any driveway or alley crossing of a street lot line, any screening shall not exceed two feet in height unless it is at least 90 percent open for through vision.

2.

On a comer lot, screening in the street side yard may extend from the side street corner of the structure perpendicular to a distance four feet from the side street property line and continue along to the rear property line. The height of any screening shall not exceed six feet. Provided, however, that within ten feet from any driveway screening shall not exceed two feet in height unless it is at least 90 percent open for through vision.

3.

Unless otherwise provided, a vision-barrier fence that is within four feet of the lot line shall not exceed six feet in height.

4.

Snow fences may be used temporarily, but in no case shall snow fences be left standing longer than six months during any calendar year.

5.

It shall be unlawful for any person to construct or maintain any barbed wire or razor wire fence, except that any such fence above the height of six feet may be permitted for agricultural, industrial or commercial security reasons, with permission from the zoning administrator.

6.

It shall be unlawful for any person to construct or maintain any above ground electrical fence.

7.

Fences constructed in which a supporting framework or post can be construed to represent a back side shall be installed so that the front side/good side faces the adjacent or abutting property.

8.

Screening or fencing shall be located a minimum of two feet that allows the owner to maintain the screening or fencing from their side of the property line.

c.

Vision clearance.

1.

On a corner lot in any residential district, no structure, screening, bush, tree branches or embankment shall be erected, placed, maintained or grown between the heights of three feet and ten feet above the curb level or its equivalent within the triangular space formed by two intersecting street right-of-way lines located a minimum of 25 feet from the intersection thereof in order to provide adequate vehicular vision clearance. Provided, however, that a fence so designed, constructed and maintained as to be at least 90 percent open for through vision may be constructed in such vision clearance area.

2.

On a corner lot in any business or industrial district, no structure, screening, bush, tree branches or embankment of any kind shall be erected, placed, maintained or grown between the height of three feet and ten feet above the curb level or its equivalent within the triangular space formed by two intersecting street right-of-way lines or their projections and a line joining points on such street right-of-way lines located a minimum of ten feet from the intersection thereof in order to provide adequate vehicular vision clearance. Provided, however, that a fence so designed, constructed and maintained as to be 90 percent open for through vision may be constructed in such vision clearance area.

d.

Exemptions. The zoning administrator may modify the provisions for the requirement of screening when suitable screening exists on abutting property, or when he/or/she determines that such modification for screening shall be in harmony with the general purpose and intent of this subsection. The zoning administrator may also modify the provisions for requirement of vision clearance when he/or/she determines that such modifications shall be consistent with traffic safety and shall be in harmony with the general purpose and intent of this subsection.

e.

Existing screening or fencing. Any screening or fencing which exist at the time of the passage of this section, but does not conform with provisions thereof, shall not be altered or enlarged without making the entire unit conform to the provisions of this subsection.

f.

Permit required. A building permit shall be required for the construction or repair of a fence. The property owner is responsible to provide verification of the lot lines, prior to beginning of new construction or replacement.

(4)

Accessory buildings.

a.

Applicability. This section applies to all residential zoning districts, R1, R2 and R3.

1.

Maximum accessory buildings per lot: One.

2.

Maximum building height: Ten-foot high side walls and a maximum height of 17 feet.

3.

Maximum yard coverage: 30 percent.

4.

Maximum floor area:

A.

Attached/detached private garages: 1100 square feet.

B.

One additional accessory building of 144 square feet or less with a side wall height of seven feet or less shall not count against the total accessory buildings per lot. These structures are referred to as utility or garden sheds.

5.

There shall be no more than one garage per dwelling unit.

6.

Exterior finishes, colors and construction materials must be consistent with the exterior finish and colors of the principal structure for any accessory building exceeding 144 square feet.

7.

Minimum setbacks from the base of the building:

A.

Side yard: Eight feet.

B.

Rear yard: Eight feet.

C.

Distance from principal structure: Ten feet.

D.

Accessory buildings of 144 square feet or less, shall have a side yard and rear yard setback of not less than five feet.

8.

Accessory building placement:

A.

Private detached garages: Side or rear yard.

B.

Other detached accessory buildings, such as garden or utility sheds: Rear yard.

C.

There shall be no accessory building placed or erected in the front yard.

9.

A temporary structure may not be standing, in a residential district, for more than ten consecutive days and not more than 30 days in a calendar year.

10.

Shipping containers are not allowed in residential districts. Repurposed shipping containers that meet state and city requirements are allowed in commercial and industrial zoning districts.

b.

Conditional uses. Reference sections 106-118 through 106-129.

(5)

Minor structures and vegetation. Minor structures and vegetation used for landscaping and decorating may be placed in the required street yard and side yards. Permitted structures and vegetation include flagpoles, basketball goals, ornamental light standards, lawn furniture, sundials, birdbaths, trees, shrubs, and flowers.

(6)

Private swimming pools. Private swimming pools are permitted accessary uses in any district, except the CD (conservancy district), floodplain or the floodplain fringe district. The purpose of this section is to provide protection and safety of individuals, provide land use controls, and provide for the general health and welfare of the neighborhood.

a.

Definition: A private swimming pool is a body of water in an artificial receptacle, whether located indoors or outdoors, used or intended to be used for the purposes of swimming, diving or recreational bathing, and includes all structural facilities, appliance, appurtenances and equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.

b.

Applicability: This code applies to all new, remodeled, altered, and relocated private swimming pools, except that protective enclosure requirement shall be retroactive to all existing swimming pools.

c.

Permit required: A building permit shall be required for all private swimming pools, except for:

1.

Storable children's wading pools;

2.

Portable above ground wading or swimming pools which are constructed that it may be readily disassembled for storage and reassembled to its original integrity.

d.

Construction requirements: All private swimming pools shall be constructed or erected in accordance with architectural plans, if any and all manufacturers' specifications.

e.

Setbacks and other location requirements: Private swimming pools shall be constructed or erected in rear yards only, and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on a vacant lot. No private swimming pool shall be located closer than six feet to a lot line.

f.

Fences: All in-ground swimming pools shall be surrounded by a fence not less than five feet or more than six feet in height. All gates shall be equipped with a self-latching device placed at least three feet above the ground, accessible deck or stairs. All aboveground swimming pools shall be surrounded by a fence or otherwise protected to prevent unguarded entry to the pool.

g.

Access requirements: Access to swimming pools shall be controlled. Access to in-ground swimming pools shall be controlled by a self-latching gate, and all such gates shall be kept securely closed and locked at all times when the owner is not present at the pool. For an aboveground swimming pool, ladders, stairways, and other means providing access shall be adequately secured to prevent entry when not in use.

h.

Lighting: No lighting installed around swimming pools shall throw any direct rays onto adjacent properties and roadways.

i.

Electrical requirements: Swimming pools shall not be constructed directly under or over electric transmission lines. All electrical connections to a swimming pool shall be properly grounded so that no electrical current can be discharged into any part of the swimming pool or the surrounding fence.

j.

Drainage: The draining of swimming pools shall be directed to a public storm sewer or catch basin connected to a public storm sewer, and shall be controlled to prevent any adverse effect on adjoining properties. No swimming pools shall be drained into any on-site private sewage system or directly into a navigable body of water.

k.

Maintenance and operation: All swimming pools shall be maintained in such a way as to not create a nuisance, hazard eyesore, or otherwise result in a substantial adverse effect on neighboring properties or be in any way detrimental to public health, safety or welfare.

l.

Plan commission authority: The building inspector or zoning administrator may refer to the plan commission any permit application for a swimming pool which he/she determines to be undesirable in appearance. The plan commission shall have authority to approve or deny such permit and to require such additions or change as it deems necessary or appropriate.

(7)

Detached energy systems. All detached energy systems using fuel such as wood, coal, or other solid fuel, liquid fuel or waste oil burners, boilers, furnaces, or generators, associated with the production of useable heat or energy, which are not located within the primary structure shall be considered an accessory use and shall only be permitted in accordance with the following:

a.

Location.

1.

Detached energy systems shall not be located in front or street yard locations.

2.

Minimum setback to side and rear yards shall be 200 feet.

3.

Minimum setback to an adjacent front yard or street yard residence shall be 200 feet.

4.

Minimum chimney stack or exhaust stack height shall be 20 feet.

b.

Impacts.

1.

No detached energy system shall create an undesirable impact upon adjacent property or otherwise create a public nuisance.

2.

All detached energy systems are required to meet emission standards required by the Environmental Protection Agency, Underwriters Laboratories listing, and the state department of natural resources.

(8)

Essential services. Essential services, utilities and electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

(Ord. No. OR98-24, § I(106.0703), 10-26-1998; Ord. No. OR04-06, § 1, 9-27-2004; Ord. No. OR06-08, § 1, 6-26-2006; Ord. No. OR11-01, § I, 1-24-2011; Ord. No. OR12-16, § 1, 10-22-2012; Ord. No. OR19-04, § I, 5-28-2019; Ord. No. OR20-10, § I, 9-28-2020)

Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.

(Ord. No. OR98-24, § I(106.0704))

The required street yard or setback may be decreased in any residential district to the average of the existing street yards of the abutting structures on each side, but shall in no case be less than 15 feet.

(Ord. No. OR98-24, § I(106.0705), 10-26-1998)

Structures shall provide a front yard setback as required by this chapter on the street that the structure faces as established by this chapter. A second front yard setback shall be provided on the side of the structure abutting a public or private street. The second front yard setback shall be the same setback as required in that local district.

(Ord. No. OR98-24, § I(106.0706), 10-26-1998)

Lots abutting two opposite streets shall provide the front yard setback required by the district in which the lot is located from each street upon which the lot abuts.

(Ord. No. OR98-24, § I(106.0707), 10-26-1998)

A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which is at least 50 feet wide and 5,000 square feet in area, may be used as a single-family building site, provided that the use is permitted in the zoning district, provided that the lot is of record in the county register of deeds office prior to the effective date of the ordinance from which this chapter is derived and provided that the lot is in separate ownership from abutting lands. If two or more substandard lots with continuous frontage have the same ownership as of the effective date of the ordinance from which this chapter is derived, the lots involved shall be considered to be an individual parcel for the purpose of this chapter. Substandard lots granted permits under this section shall be required to meet the setback and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated in this section shall be issued only after a variance by the board of appeals. A variance shall not be granted if the lot at any time was conveyed to another owner where the common ownership of adjoining lots existed, unless a variance was granted for the conveyance.

(Ord. No. OR98-24, § I(106.0708), 10-26-1998)