Center City City Zoning Code
CHAPTER 212
GENERAL YARD, LOT AREA, AND BUILDING REQUIREMENTS
§ 212.01 PURPOSE.
The purpose of this chapter is to identify standards for yards, lot area, building size, building type, and height requirements.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 212.02 HIGH WATER ELEVATION.
No structure, except piers, docks, and retaining walls shall be placed at an elevation such that the lowest floor, including basement floor, is less than 3 feet above the highest known water level, or less than 1 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.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 212.03 GROUND WATER ELEVATION.
Unless approved by the City Council, the lowest floor, including basement floor, of all structures shall be at a level at least 3 feet above the highest known ground water table elevation. If requested by the city, the ground water table elevation shall be determined by a licensed soils engineer using soil borings, peizometers, or the observation of mottled soils.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 212.04 BUILDING HEIGHT.
(A) Building height. The maximum height of all principal and accessory structures located within the zoning districts shall be as specified within each district chapter within this title. The building height limits established for each district shall not apply to the following items, which may project 10 feet higher than the structure to which they are attached or 50 feet, whichever is higher unless otherwise allowed within this title:
(1) Belfries.
(2) Church spires.
(3) Elevated water storage facilities.
(4) Cupolas and domes which do not contain usable space.
(5) Flagpoles.
(6) Monuments.
(7) Parapet walls extending not more than 3 feet above the limiting height of the building.
(8) Poles, towers, and other structures for essential services.
(9) Necessary mechanical and electrical appurtenances, including, but not limited to, chimneys or flues, cooling towers, or elevator penthouses.
(10) Agricultural buildings on farm properties.
(11) Wind energy conversion system towers as regulated by § 215.02 (Wind Energy Conversion Systems “WECS”) of this title.
(12) Towers, antennas, and telecommunication facilities as regulated by Chapter 214 (Towers, Antennas, and Telecommunication Facilities) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 212.05 BUILDING RESTRICTION.
(A) All buildings shall be so placed that they will not obstruct future streets or alleys that may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city. The apparent front of the building shall face the front of the lot, as determined by the City Council.
(B) Except in the case of planned unit developments, not more than 1 principal building shall be located on a lot.
(C) No dwelling shall hereafter be erected or altered unless the lot it is located on abuts on a public street or an approved private street.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 212.06 BUILDING TYPE AND CONSTRUCTION.
(A) General provisions.
(1) Metal buildings. Except in association with farming activities, no sheet metal, corrugated metal, galvanized metal, unfinished metal buildings (walls or roofs), except those specifically intended to have a corrosive designed finish such as COR-TEN steel, copper, or other metal specifically engineered for exterior architectural use shall be permitted in any zoning district. Metal permanent detached accessory storage containers, which are approved through the conditional use permit process, shall also be allowed as long as the metal siding is finished and/or painted.
(2) 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.
(3) Permitted exterior building materials.
(a) The primary exterior building facade finishes for residential uses shall consist of materials comparable in grade to the following:
1. Brick.
2. Stone (natural or artificial).
3. Integral colored split face (rock face) concrete block.
4. 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.
5. Stucco (natural or artificial).
6. Vinyl, steel, or aluminum siding.
(b) The primary exterior building facade finishes for commercial uses shall consist of materials comparable in grade to the following:
1. Brick.
2. Stone (natural or artificial).
3. Integral colored (not including natural gray) cast in place concrete or precast concrete panels.
4. Integral colored (not including natural gray) split face (rock face) concrete block.
5. Glass curtain wall panels.
6. Stucco (natural or artificial).
7. Steel or aluminum siding.
8. Metal siding/walls in relation to a permanent detached accessory storage container, which shall be finished and/or painted and approved through the conditional use permit process.
(c) The primary exterior building facade finishes for industrial and institutional uses shall consist of materials comparable in grade and quality to the following.
1. Brick.
2. Stone (natural or artificial).
3. Integral colored (not including natural gray) cast in place concrete or precast concrete panels.
4. Integral colored (not including natural gray) split face (rock face) concrete block.
5. Curtain wall panels of steel, fiberglass, and aluminum (non-structural, non-load bearing), provided such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design.
6. Glass curtain wall panels.
7. Stucco (natural or artificial).
8. Steel, aluminum, COR-TEN siding.
(d) Roofs that are exposed or an integral part of the building aesthetics shall be constructed only of commercial grade asphalt shingles, wood shingles, standing seam metal, slate, tile, or copper. Flat roofs, which are generally parallel with the first floor elevation, are not subject to these material requirements.
(e) Building foundations not exceeding 2 feet and other such portions of a building's facade need not comply with the requirements for the facade treatment or materials.
(4) Prohibited exterior building materials. Unadorned pre-stressed concrete panels, non-decorative concrete block, sheet metal, corrugated metal, or unfinished metal shall not be used as exterior materials.
(5) Pole construction buildings. Pole construction buildings shall not be permitted in any zoning district except the A-1 Agricultural District in association with farming activities upon the application for and issuance of a conditional use permit by the City Council.
(B) Residential and commercial districts.
(1) Except in the A-1 Zoning District, all accessory buildings in excess of 120 square feet that are accessory to residential dwelling units shall be constructed with a design consistent with the general character of the principal structure on the lot.
(2) Accessory buildings for nonresidential uses, including those allowed in the residential districts, shall be of a similar character, design, and facade, as the principal structure, except that permanent detached accessory storage containers in the B-1 Downtown Business District may be of different design through the approval of a conditional use permit.
(C) Exceptions. Exceptions to the provisions of this section, which includes the review of permanent detached accessory storage containers in the B-1 Downtown Business District, may be granted as a conditional use permit by the City Council, provided that:
(1) The proposed building maintains the quality intended by this title.
(2) The proposed building is compatible and in harmony with other structures within the district.
(3) The provisions of Chapter 196 are considered and satisfied.
(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 2024-05-07, passed 5-7-2024)
§ 212.07 YARDS.
Except as provided below, no lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard, or open space less than the minimum required by this title, 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.
(A) Exceptions. The following shall not be considered as encroachments on yard setback requirements:
(1) Cantilevers up to 10 feet in width, chimneys, flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than 2 feet into a yard.
(2) Terraces, steps, decks, stoops, or similar structures:
(a) For lots of record. Except as may be limited within environmental protection districts, terraces, steps, decks, stoops, or similar structures may extend to within 5 feet of side yard and 10 feet of rear yard lot lines, but not more than 5 feet into a required front yard or side yard adjacent to a public right-of-way provided that the height of the structure is not more than 30 inches above the grade within the setback area.
(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 5 feet from any lot line. No encroachment shall be permitted in existing or required drainage and/or utility easements.
(4) No encroachment shall be permitted in existing or required drainage and utility easements.
(B) Restricted uses and areas. In the case of a residential lot in an RR Rural Residential, R-1 Traditional Single-Family Residential, R-2 Suburban Single-Family Residential, and R-3 Medium Density Residential Zoning Districts backing onto a floodplain, a public open space, park, or other such similar publicly reserved and development restricted areas (excluding shorelands, wetlands, and streets), the required rear yard setback may be reduced 1 foot for each 5 feet of public space, but in no case shall the rear yard requirement be reduced to less than 20 feet.
(C) Required front yard setback exceptions. In the case of lots existing prior to June 7, 2011, 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 7 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.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 212.08 MINIMUM FLOOR AREA PER DWELLING UNIT.
(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:
1 and 2 bedroom | 960 square feet above grade |
3 bedrooms or more | 1,040 square feet above grade |
(B) Multiple-family 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 senior housing) shall have the following minimum floor areas per unit:
Efficiency units | 500 square feet |
1 bedroom units | 700 square feet |
2 bedroom units | 800 square feet |
More than 2 bedroom units | An additional 80 square feet for each additional bedroom |
(C) Senior 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 senior housing units shall have the following minimum floor areas per unit:
Efficiency units | 440 square feet |
1 bedroom | 520 square feet |
More than 1 bedroom units | An additional 80 square feet for each additional bedroom |
(D) Two-family 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 and townhouses, as classified below, shall have the minimum floor area per unit:
Two-family | 650 square feet first floor above grade, plus 100 additional square feet for each bedroom |
Townhouses | 600 square feet first floor above grade, plus 100 additional square feet for each bedroom |
(Ord. 2011-06-07A, passed 6-7-2011)
§ 212.09 EFFICIENCY APARTMENTS.
Except for senior housing, the number of efficiency apartments in multiple-family dwellings shall not exceed 1 unit or 10% of the total number of dwelling units in the building, whichever is greater. In the case of senior housing, efficiency apartments shall not exceed 30% of the total number of apartments.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 212.10 MINIMUM FLOOR AREA, COMMERCIAL AND INDUSTRIAL STRUCTURES.
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 as provided for in Chapter 196 (Conditional Use Permits) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 212.11 MINIMUM LOT AREA, UNSEWERED LOTS.
Lot sizes where public sewer is not available shall conform to the minimum requirements set forth below:
(A) Single-family dwelling.
(1) Except as herein provided, the minimum single-family lot size is 2 acres.
(2) The minimum lot size of 2 acres shall not apply to smaller separate parcels of record in separate ownership lawfully existing prior to June 7, 2011, provided that they comply with minimum standards for the district in which they are located or Chapter 204 (Nonconforming Lots, Structures and Uses) of this title and that it can be demonstrated by means satisfactory to the city that the smaller parcels will not result in ground water, soil, or other contamination which may endanger the public health.
(B) Prohibited structures.
(1) Dwelling unit structures other than single-family detached units are prohibited.
(2) Religious institution facilities, schools, and other nongovernment institutional uses.
(C) Nonresidential buildings and uses. Subject to the other provisions of this title, other uses, as allowed within the respective zoning districts, may be allowed on unsewered lots by conditional use permit, provided that:
(1) Except as herein provided, the minimum lot size for each principal use is 5 acres. The minimum lot size shall not apply to smaller separate parcels of record in separate ownership lawfully existing prior to June 7, 2011 provided the conditions of the conditional use permit are met.
(2) A conditional use permit shall not be granted unless it can be demonstrated by means satisfactory to the city that the use:
(a) Will not result in ground water, soil, or other contamination which may endanger the public health.
(b) Will not increase future city utility service demands and expense.
(c) Will not jeopardize public safety and general welfare.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 212.12 SINGLE-FAMILY DWELLINGS.
All single-family detached homes except in approved manufactured home parks shall:
(A) State Building Code. Be constructed upon a continuous perimeter foundation that meets the requirements of the state building code.
(B) Measurements. 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. Have an earth covered, composition, metal, shingled, or tiled roof.
(D) Receive a building permit. 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 such construction is intended. 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.
(E) Requirements. Meet the requirements of the State Building Code or the applicable manufactured housing code.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 212.13 BUILDING RELOCATION/MOVING.
(A) Compliance required. Such activity shall comply with § 205.15 (Moving of Buildings) of this title.
(B) Dwellings. The relocation of a building previously occupied as a dwelling to any parcel within the city shall comply with the following requirements:
(1) Moving a dwelling onto a lot within the city shall require approval of a conditional use permit in compliance with Chapter 196 (Conditional Use Permits) of this title, provided that the building maintains architectural and aesthetic compatibility with surrounding properties based upon, but not limited to, the following factors:
(a) Building massing, height, and floor area.
(b) The type, grade, and quality of exterior building finish.
(c) The dwelling is to receive an occupancy permit from the City Building Official within 6 months from the date the conditional use permit is issued.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 212.14 STORM SHELTER.
(A) Any dwelling or dwelling units that are constructed slab on-grade, provisions shall be made to provide for storm protection internally to the dwelling or dwelling unit. Storm shelters internal to the dwelling or dwelling unit shall be provided in a bathroom or laundry room so as to ensure accessibility and that the storm shelter is not obstructed by storage.
(B) Compliance with this requirement shall be based upon federal emergency management agency (FEMA) guidelines and standards, except that the shelter door shall be solid core construction (not limited to metal) and only one deadbolt lock shall be required.
(Ord. 2011-06-07A, passed 6-7-2011)