This subchapter identifies yard, lot area, building size, building type and height requirements in each zoning district.

(Prior Code, § 11-17-1) (Ord. 258, passed 5-4-2006)

   No structure, except piers, docks and retaining walls shall be placed at an elevation so that the lowest floor, including basement floor, is less than three feet above the highest known water level, or less than one foot above the 100-year regulatory flood protection elevation, if determined, of any adjacent lake, pond, river, watercourse or wetland. If sufficient data on known high-water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high-water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been inspected by the Building Official. If requested by the Building Official, the ground water table elevation shall be determined by a licensed soils engineer using soil borings, piezometers or the observation of mottled soils.

(Prior Code, § 11-17-2) (Ord. 258, passed 5-4-2006)

   (A)   No structure shall exceed the maximum height requirement of the applicable zoning district provisions except by conditional use permit and provided that:

      (1)   The site is capable of accommodating the increased intensity of use;

      (2)   The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets;

      (3)   Public utilities and services are adequate;

      (4)   For each additional story over three stories or for each additional ten feet above 35 feet, front and side yard setback requirements shall be increased by 5%; and

      (5)   The performance standards and criteria of §§ 152.070 through 152.074 of this chapter are considered and satisfied.

   (B)   The building height limits established herein for districts shall not apply to the following:

      (1)   Agricultural buildings on farm properties;

      (2)   Antenna support structures as regulated by §§ 152.330 through 152.337 of this chapter;

      (3)   Belfries;

      (4)   Chimneys or flues;

      (5)   Church spires;

      (6)   Cooling towers;

      (7)   Cupolas and domes which do not contain usable space;

      (8)   Elevator penthouses;

      (9)   Flagpoles;

      (10)   Monuments;

      (11)   Necessary mechanical and electrical appurtenances;

      (12)   Parapet walls extending not more than three feet above the limiting height of the building;

      (13)   Poles, towers and other structures for essential services; and

      (14)   Wind energy conversion system towers.

(Prior Code, § 11-17-3) (Ord. 258, passed 5-4-2006)

   (A)   General provisions.

      (1)   Architectural and aesthetic compatibility. Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the community's public health, safety and general welfare.

      (2)   Exterior building finishes.

         (a)   Residential uses. The primary exterior building facade finishes for residential uses shall consist of materials comparable in grade to the following:

            1.   Brick;

            2.   Concrete composite board;

            3.   Stone (natural or artificial);

            4.   Integral colored split face (rock face) concrete block;

            5.   Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood or cypress;

            6.   Stucco (natural or artificial)/EIFS (exterior insulated finish system); and

            7.   Vinyl, steel, aluminum.

         (b)   Commercial. The primary exterior building facade finishes for commercial uses shall consist of materials comparable in grade to the following:

            1.   Brick;

            2.   Concrete composite board;

            3.   Stone (natural or artificial);

            4.   Cast in place concrete or precast concrete panels;

            5.   Integral colored split face (rock face) concrete block;

            6.   Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood or cypress;

            7.   Glass curtain wall panels;

            8.   Stucco (natural or artificial)/EIFS (exterior insulated finish system); and

            9.   Steel or aluminum siding.

      (c)   Commercial (Historic Downtown Overlay District). Exterior building facade finishes for commercial buildings within the Historic District shall be compatible with the city downtown design standards as described in section shall be consistent with the standards illustrated in §§ 152.720 through 152.730 of this chapter.

      (d)   Industrial. The primary exterior building facade finishes for industrial and institutional uses shall consist of materials comparable in grade to the following:

            1.   Brick;

            2.   Concrete composite board;

            3.   Stone (natural or artificial);

            4.   Cast in place concrete or precast concrete panels;

            5.   Integral colored split face (rock face) concrete block;

            6.   Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood or cypress;

            7.   Glass curtain wall panels;

            8.   Stucco (natural or artificial)/EIFS (exterior insulated finish system); and

            9.   Steel or aluminum siding.

         (e)   Building foundations. Building foundations not exceeding two feet and other portions of a building's facade need not comply with the requirements for the primary facade treatment or materials.

   (B)   Industrial districts.

      (1)   In all industrial zoned districts, all buildings constructed of curtain wall panels of finished steel, aluminum or fiberglass shall be required to be faced with brick, wood, stone, architectural concrete cast in place or precast concrete panels on wall surfaces abutting public rights-of-way, a residential zoning district or public areas.

      (2)   The required wall surface treatment may allow a maximum of 50% of the metal or fiberglass wall to remain exposed if it is coordinated into the architectural design and is similar to the building frontage.

   (C)   Exceptions. Exceptions to the provisions of this section may be granted as a conditional use permit by the City Council, provided that:

      (1)   The proposed building maintains the quality intended by this chapter;

      (2)   The proposed building is compatible and in harmony with other structures within the district; and

      (3)   The provisions of §§ 152.070 through 152.074 of this chapter are considered and satisfied.

(Prior Code, § 11-17-4) (Ord. 258, passed 5-4-2006)

   (A)   General provisions. Except as provided below, no lot, yard or other open space shall be reduced in area or dimension so as to make the lot, yard or open space less than the minimum required by this chapter, and if the existing yard or other open space is less than the minimum required, it shall not be further reduced. No required open space provided around any building or structure shall be included as part of any open space required for another structure.

   (B)   Exceptions. The following shall not be considered as encroachments on yard setback requirements:

      (1)   Cantilevers up to ten feet in width, chimneys, flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like, provided they do not project more than two feet into a yard;

      (2)   Terraces, steps, decks, uncovered porches, stoops or similar structures limited to not more than a height of three feet above grade may extend to within five feet of side yard and ten feet of rear yard lot lines, but not more than five feet into a required front yard or side yard adjacent to a public right-of-way;

      (3)   Recreational and laundry drying equipment, arbors and trellises, gazebos and air-conditioning or heating equipment shall be allowed only in a rear or side yard, provided they are at a distance of five feet from any lot line. No encroachment shall be permitted in existing or required drainage and/or utility easements;

      (4)   In residential districts, a one story entrance for a detached single-family or two-family dwelling may extend into the front yard setback not more than five feet and shall not exceed 50 square feet in size; and

      (5)   No encroachment shall be permitted in existing or required drainage and utility easements.

   (C)   Front yard setback exceptions. In the case of lots platted prior to the effective date of this chapter, the principal building setback requirements for front and side yards adjacent to a public right-of-way, as established by the respective zoning districts, may be reduced upon the approval of an administrative permit, to a distance equaling the average setback of principal buildings within the block frontage in which the lot is located. In no case shall this distance be less than 15 feet, nor shall a principal structure be placed more than seven feet beyond the setback of any principal structure on a directly abutting lot.

   (D)   Triangular lots. In the case of triangular lots, where the rear lot line is a single vertex, the rear yard setback points of reference shall be determined by measuring the length of the setback distance from the vertex along the side lot lines. The rear setback line shall be determined by traversing the lot and connecting these points of reference.

(Prior Code, § 11-17-5) (Ord. 258, passed 5-4-2006)

   (A)   Single-family dwelling units. Except as otherwise specified in the zoning district provisions, or except as allowed by conditional use permit based upon justifiable cause, single-family homes as classified below shall have the following minimum floor areas per unit.

 

 

   (B)   Multiple-dwelling units. Except as otherwise specified in zoning district provisions, or except as allowed by conditional use permit based upon justifiable cause, living units classified as multiple-dwelling (excepting elderly housing) shall have the following minimum floor areas per unit.

 

 

   (C)   Elderly (senior citizen) housing. Except as otherwise specified in the zoning district provisions, or except as allowed by conditional use permit based upon justifiable cause, living units classified as elderly (senior citizen) housing units shall have the following minimum floor areas per unit.

 

 

   (D)   Two-family dwelling units, quadraminiums and townhouses. Except as otherwise specified in the zoning district provisions, or except as allowed by conditional use permit based upon justifiable cause, two-family, quadraminiums, manor homes and townhouses, as classified below, shall have the minimum floor area per unit as follows.

 

 

(Prior Code, § 11-17-6) (Ord. 258, passed 5-4-2006)

   Except for elderly (senior citizen) housing, the number of efficiency apartments in multiple-family dwellings shall not exceed one unit or 10% of the total number of dwelling units in the building, whichever is greater. In the case of elderly (senior citizen) housing, efficiency apartments shall not exceed 30% of the total number of apartments.

(Prior Code, § 11-17-7) (Ord. 258, passed 5-4-2006)

   Commercial and industrial buildings (principal structure) having less than 1,000 square feet of floor area may only be allowed upon approval of a conditional use permit.

(Prior Code, § 11-17-8) (Ord. 258, passed 5-4-2006)

   All single-family detached homes except in the R-M, Single-Family Manufactured Home Park District, shall conform to the following requirements.

   (A)   Perimeter foundation. Be constructed upon a continuous perimeter foundation that meets the requirements of the State Building Code.

   (B)   Dimensional requirements. Not be less than 30 feet in length and not less than 22 feet in width over that entire minimum length. Width measurements shall not take into account overhangs and other projections beyond the principal walls. Dwellings shall also meet the minimum floor area requirements as set out in this chapter.

   (C)   Roof. Composition, metal, shingled or tiled roof.

   (D)   Building permit.

      (1)   The application for a building permit, in addition to other information required, shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used and the delineation of future deck, porch and/or garage additions whether or not the construction is intended.

      (2)   The exterior architectural design of a proposed dwelling may not be so at variance with, nor so similar to, the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood, nor so at variance with the character of the surrounding neighborhood as to adversely affect the public health, safety or general welfare.

      (3)   The requirements of the State Building Code or the applicable manufactured housing code shall be met.

   (E)   Three stall garage. For lots of record in the RE and R-1 Districts established after the effective date of this chapter, all site plans for single-family homes shall provide for the location of a three-stall garage, whether or not construction is intended, in conformance with all provisions of this chapter.

(Prior Code, § 11-17-9) (Ord. 258, passed 5-4-2006; Ord. 270, passed 3-15-2007)

      (1)   Accessory structures less than 120 square feet in area; and

      (2)   (a)   Relocations which occur solely within the confines of a single lot or parcel.

         (b)   The building relocated within the confines of a single lot or parcel, upon relocation, shall comply with the applicable requirements of this chapter, the city code and the Uniform Building Code.

      (1)   Photographs showing all sides of the structure to be moved and a proposed site plan of the lot on which the structure is to be located;

      (2)   A map and photographs indicating location of surrounding lots and structures where the building is proposed to be relocated;

      (3)   A map showing the route of travel of the structure to be relocated;

      (4)   State license of the building mover;

      (5)   Insurance information from the building mover; and

      (6)   Dates and time of building moving.

(Prior Code, § 11-17-10) (Ord. 258, passed 5-4-2006; Ord. 365, passed 3-5-2019)

   (A)   Purpose. The purpose of this section is to provide for the erection of temporary structures (not including model homes/temporary real estate offices or temporary classroom structures for use by a public or private institution) needed for emergency/natural disaster purposes or for temporary use during the construction of a permanent structure.

   (B)   Procedure. The erection of a temporary structure shall require an administrative permit, as may be issued by the Zoning Administrator, except as otherwise provided by this chapter in all zoning districts.

   (C)   Special requirements.

      (1)   Site plan required. No administrative permit shall be issued for a temporary structure unless a site plan pursuant to §§ 152.130 through 152.138 of this chapter has also been approved if applicable, or unless a building permit has been issued for a new structure, addition or remodeling of an existing structure on the property.

      (2)   Termination of permit. The administrative permit shall terminate nine months from its date of issuance, or within 30 days after a certificate of occupancy has been issued by the Building Official for the permanent structure, whichever occurs first, unless a different time schedule is approved as part of the permit. If circumstances exist to warrant an extension, the permit may be extended for an additional 90 days by the Zoning Administrator.

      (3)   Setback. Temporary structures may be placed in a required building setback area, provided that no structure may be placed within 30 feet of a public right-of-way or obstruct the traffic visibility triangle required by § 152.186 of this chapter.

      (4)   State Building Code. All applicable requirements of the State Building Code shall be met.

      (5)   Utilities. Provisions for utilities servicing the temporary structures shall be subject to the review and approval of the Building Official.

      (6)   Security measures. Security measures such as lighting shall be implemented subject to the review and approval of the Zoning Administrator.

      (7)   Off-street parking. Off-street parking shall be provided subject to the provisions of §§ 152.255 through 152.264 of this chapter.

      (8)   Signage. Any signage shall conform to the provisions of §§ 152.350 through 152.359 of this chapter.

(Prior Code, § 11-17-11) (Ord. 258, passed 5-4-2006)

   (A)   Purpose. The purpose of this section is to provide for the erection of model homes, which may include temporary real estate offices, in new subdivisions without adversely affecting the character of surrounding residential neighborhoods or creating a general nuisance. As model homes represent a unique temporary commercial use, special consideration shall be given to the peculiar problems associated with them and special standards must be applied to ensure reasonable compatibility with their environment.

   (B)   Qualification. To qualify for a building permit for a model home, which may include a temporary real estate office, the following shall be required.

      (1)   Upon receipt of final plat approval and recording, two building permits for model homes per subdivision may be granted. No final certificate of occupancy shall be issued until the infrastructure improvements including the first lift of asphalt have been completed and approved by the city.

      (2)   Upon completion of infrastructure improvements including the first lift of asphalt within the respective final plat subdivision, additional building permits may be issued for model homes and/or temporary real estate offices, provided that the number of model homes and/or temporary real estate offices shall not exceed 5% of the number of lots within the final plat.

   (C)   Procedure. The erection of a model home(s) within all residential districts, which may include a temporary real estate office(s), shall require an administrative permit, as may be issued by the Zoning Administrator.

   (D)   Special requirements.

      (1)   Model homes and model homes with temporary real estate offices shall be allowed in all residential zoning districts in which they are located and shall be utilized solely for selling purposes of lots and/or homes within the subdivision in which they are located.

      (2)   Temporary parking facilities equal to four paved spaces per model home dwelling unit or a model home with a temporary real estate office shall be provided. The overall design, drainage and surfacing of the temporary parking facility shall be subject to the approval of the Zoning Administrator or City Engineer.

      (3)   Access from a temporary parking facility shall be directed away from developed and occupied residential neighborhoods to the greatest extent possible.

      (4)   No model home or model home with a temporary real estate office shall incorporate outside lighting which creates a nuisance due to glare or intensity, as provided for in § 152.187 of this chapter.

      (5)   All signage shall comply with the sign regulations as contained in §§ 152.350 through 152.359 of this chapter for the zoning district in which the model home and/or temporary real estate office is located.

      (6)   The administrative permit shall terminate three years from its date of issuance or when 75% of the development is completed, whichever comes first, unless extended by the City Council.

      (7)   No residential certificate of occupancy shall be issued for a model home or model home with a temporary real estate office until the time as the structure has been fully converted to a residence in compliance with the State Building Code. Additionally, the conversion shall include, but not be limited to, parking lot restoration and the removal of signage and lighting.

      (8)   The restoration of all temporary parking areas with appropriate landscaping shall be completed by the end of the following growing season.

   (E)   Restricted use. Model homes and model homes with temporary real estate offices shall be used solely for the display and sale of home fixtures and products and real estate for the subdivision in which they are located unless approved by the Zoning Administrator through an administrative permit.

(Prior Code, § 11-17-12) (Ord. 258, passed 5-4-2006)