The purpose of supplementary district regulations is to set specific conditions for various uses, classification of uses, or areas where problems are frequently encountered.

(Ord. 37-02, passed 7-10-02)

   A residence shall not be converted to accommodate an increased number of dwelling units unless:

   (A)   The yard dimensions still meet the yard dimensions required by the Zoning Regulations for new structures in that district.

   (B)   The lot area per dwelling equals the lot area requirements for new structures in that district.

   (C)   The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district.

   (D)   The conversion is otherwise in compliance with this chapter (e.g., property is zoned for double- or multiple-family use) and all other relevant codes and ordinances.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   No private swimming pool ("pool"), exclusive of portable swimming pools with a diameter less than 12 feet or with an area of less than 100 square feet, shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:

   (A)   The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located. A pool will be considered an accessory use to the main structure.

   (B)   A pool may not be located closer than ten feet to any property line, except in a district where that minimum distance shall be six feet. That distance shall be measured from the water's edge and shall not restrict fences, ground level patios, pumps, and similar pool accessories not requiring separate permits.

   (C)   Elevated decks for above-ground pools shall not be located closer than ten feet to any property line.

   (D)   The swimming pool or the entire property behind the front building line on which it is located shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than four feet in height, shall be separate from the wall of the pool, and maintained in good condition with a gate and lock.

   (E)   Before construction commences, the petitioner shall obtain a zoning permit under §§ 155.2601 through 155.2618, a fence permit (where required), a swimming pool permit, and all permit fees shall be paid.

   (F)   Pools, including above-ground pools, may not be located in the front yard of the lot without a variance from the Planning and Zoning Commission.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   Community and club swimming pools are permitted in any district that allows for recreation or club facilities, and shall comply with the following conditions and requirements:

   (A)   The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.

   (B)   The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 50 feet to any property line.

   (C)   If the pool is outdoors, the swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than six feet in height and maintained in good condition.

   (D)   Before construction commences, the petitioner shall obtain a zoning permit under §§ 155.2601 through 155.2618, a fence permit (where required), a swimming pool permit, and all permit fees shall be paid.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning permit authorized by the Planning and Zoning Commission.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   One boat and one travel trailer may be stored behind the required front yard setback line if they have current license plates. In the case of a corner lot, the vehicle or vehicles shall also be located behind required side yard setback lines. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property, other than in completely enclosed buildings. Parking an automotive vehicle in the setback, on an approved, paved driveway, in the part of the driveway that does not include the tree lawn and the sidewalk is permitted. Parking on the lawn or landscaped area is prohibited. The Service/Safety Director or his or her designee may have the vehicle towed after first personally notifying or mailing the vehicle owner a notice of towing.

(Ord. 37-02, passed 7-10-02; Am. Ord. 47-09, passed 8-10-09) Penalty, see § 155.2617

   Fences, plant material, and similar screening devices that are between the principal building and a street and parallel to or nearly parallel to the front lot line and front wall of the principal building, are permitted, provided that the height of such devices does not exceed 48 inches, from the ground to the highest point of the fence, unless the fence is used for a public or private pool, as defined in §§ 155.1903 and 155.1904. For fences that are no closer to the front lot line than the principal structure and parallel to or nearly parallel to a side lot line, man-made fences or screening devices shall not exceed six feet in height. For fences that are behind a principal structure and parallel to or nearly parallel to a rear lot line, man-made fences or screening devices shall not exceed six feet in height on the side or rear of lot.

   (A)   Conditional fences and purposes. Fences around swimming pools shall be governed by the requirements of §§ 155.1903 and 155.1904. All electric and barbed wire fences shall be prohibited, except with the approval of the Planning and Zoning Commission.

   (B)   Maintenance. All fences shall be properly maintained by the owners of the property on which they are located. Such maintenance shall include painting, cleaning, and structural soundness in the case of a fence, wall, or other man-made object; and trimming, pruning, cutting, and other landscaping in the case of a hedge or other planting so that there is no aesthetic detriment to the surrounding area.

   (C)   Variances. Any deviation from this Code must be approved by the Planning and Zoning Commission under the provisions of § 155.2504(C). The Planning and Zoning Commission shall consider in ruling upon such request, the criteria referred to in § 155.2504(C).

   (D)   Permits. All fences, regardless of type or height, require an approved fence permit.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   Open structures such as fireplace chases, porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered parts of the building to which they are attached and shall not project into the required minimum front, side, or rear yards.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   The height limitations contained in this Zoning Code do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.

(Ord. 37-02, passed 7-10-02)

   Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   No pollution of air by fly-ash, dust, vapors, odors, smoke, or other substances shall be permitted which are harmful to health, animals, vegetation, or other property, or which can cause excessive soiling.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   The Building and Zoning Inspector or Planning and Zoning Commission, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which any dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.

(Ord. 37-02, passed 7-10-02)

   Home occupations are an accessory use which is clearly subordinate to the use of a premises as a dwelling. Home occupations may include offices of professionals such as attorneys, physicians, engineers/architects, insurance agents, realtors, or may include the production of small craft items. No home occupation may, however, include a use in which customers frequently enter the premises at more than one customer at a time to receive goods or services provided. Further, home occupations must meet the following requirements:

   (A)   No use shall be conducted in a Residential District which employs the services of persons not residing on the premises.

   (B)   The space devoted to the home occupation shall not exceed 25% of the total floor area of the residence, nor shall it occupy more than 25% of a private garage or similar accessory building.

   (C)   There shall be no external evidence of the home occupation except for a single non-illuminated sign affixed to the residence or accessory building in accordance with § 155.2310.

   (D)   No goods produced off the premises may be brought to the property and sold on the premises.

   (E)   No external alterations, construction, or reconstruction of the premises may be made to accommodate the home occupation.

   (F)   No goods produced shall be displayed outside any building.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   Home operated child care with an average daily attendance of six children or less are allowed in any residential district. No zoning permit is required for this type of child care. Home operated child care with between 7 and 12 children in average daily attendance may also be allowed in a residential district as either a permitted or conditional use. The petitioner shall be required to obtain a zoning permit by proving that he or she has complied with all applicable state laws and copies of the state permits shall be filed with the Zoning Inspector. The zoning permit will expire on a yearly basis. The zoning permit shall be renewed by the Zoning Inspector with proof that the petitioner has complied with all applicable state laws governing child care centers.

   (A)   Child care centers with more than 12 children in attendance. Child care centers with an average daily attendance of more than 12 children are subject to the following regulations:

      (1)   The petitioner obtains all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.

      (2)   Provisions are made for off-street parking and loading facilities and such fencing, screening, and landscaping as required to prevent undue detriment to the area.

   (B)   Review of child care centers. Review of a child care center shall include, but is not limited to:

      (1)   Proof of all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.

      (2)   Location of the site and the site size and configuration relative to development of the adjoining area and the effect of activities on the site of the adjacent property.

      (3)   Submission of a site plan in accordance with §§ 155.2201 through 155.2204.

      (4)   Number of children to be accommodated in the center, service area, type of program, teacher-child ratios, and personnel qualifications.

      (5)   Compliance with all laws, ordinances, and regulations pertaining thereto.

   In order to operate a child care center, the petitioner must apply for a child care center permit with an application fee adopted by resolution by the City Council. The application will be reviewed by the Zoning Inspector, who has the power to grant or deny the permit. If the Zoning Inspector denies the permit, the petitioner may appeal to the Planning and Zoning Commission for reconsideration of issuance of the permit.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617