Whenever any provision of this title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this title shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this title, then the provisions of such law or ordinance shall govern. (Ord. 867, 11-5-2001)

   (A)   Scope: No building or structure, or part thereof, shall hereafter be erected, constructed, used, reconstructed, altered or maintained, and no lot or land, or part thereof, shall hereafter be used or maintained and no new use made of any building, structure or land, or part thereof, except in conformity with the provisions of this title.

   (B)   Unlawful Building: In case any building, or part thereof, is used, erected, occupied or altered contrary to law or the provisions of this title, such building shall be deemed an unlawful structure and a nuisance and may be required to be vacated, torn down or abated by any legal means, and shall not be used or occupied until it has been made to conform to the provisions of this title. Public expenditures toward abating such nuisance shall become a lien upon the land.

   (C)   Temporary Building: No temporary building shall be erected unless a valid building permit exists for a permanent building or a new use of land on the same site. Any temporary building shall be removed from the site within thirty (30) days of issuance of a certificate of occupancy. The approval of a temporary building may not exceed one year; however, the zoning board of appeals, may grant multiple extensions up to three (3) months each for good cause shown, when the approval is due to expire.

   (D)   Building Occupancy: No basement shall be used or occupied as a dwelling unit at any time, nor shall a dwelling be erected in a nonresidential district, except for the living quarters of a watchman, caretaker, or resident manager.

   (E)   Frontage On A Public Street: No building shall be erected on a lot unless said lot fronts upon a street or road that has been dedicated to the public. Multi-family developments, or commercial, office, or industrial centers need not front each such structure within the development upon publicly dedicated streets or roads, provided that adequate interior vehicular circulation and access can be assured in a site plan submitted for approval to the city.

   (F)   One Lot, One Building: In all districts, only one principal building shall be placed on a single lot of record, except as provided by section 12-5-3 of this chapter. (Ord. 867, 11-5-2001)

   (A)   Residential Zones: In residential zones, after twenty five percent (25%) of the lots and frontage on the side of the street on any block where the proposed improvement is contemplated have been improved by the erection of the residences thereon, if one- half (1/2) or more of the residences built in any such block are of a certain type and style, the remainder of the residences built in any such block and to be constructed, altered, relocated, or repaired in such block shall be of a substantially similar type and style so that new or altered buildings will be in harmony with the character of the neighborhood. Nothing herein shall prevent the upgrading of any residential block by installing an exterior finish having fire or weather resistance, which is greater than the minimum herein required, or by constructing in such block a residence having floor area greater than the average area of residences in such block provided, however, such type and style shall be such as not to impair or destroy property values in the block.

   (B)   Nonresidential Zones: In any case where a building or accessory building in a nonresidential district is erected or placed within two hundred feet (200') of the front lot line of any parcel of land fronting upon any public street, the front walls of said building or accessory building within said distance of two hundred feet (200') shall be constructed of stone, face brick or other ornamental materials approved by the planning commission consistent with neighboring property, and no building so situated shall be constructed of tarred paper, tin, corrugated iron, or any form of pressed board or felt or similar material within the limits herein specified, nor shall any occupant of such premises be permitted to place open stock, scrap, or junk piles within said two hundred feet (200') unless the same shall be obscured from view from the street by the existence of a building, solid wall, earth berm, or evergreen screen sufficient to properly obscure the same from view from the street.

   (C)   Building Completion Period: All structures shall be completed within one year of the issue date of the building permit for such structure, unless the building official grants an extension for not more than one additional year for good cause. When a part of the building is ready for occupancy, a temporary occupancy permit may be issued, provided that the premises complies with health and fire standards required under this title, or any other ordinance, regulation, or statute.

   (D)   Personal Construction Authority: Nothing in this title shall be construed as prohibiting an owner, tenant, occupant, or land contract vendee from doing his or her own building, altering, plumbing, electrical installations, etc., provided building permits are obtained and complied with and provided the minimum requirements of the electrical and plumbing codes of the state of Illinois, and the applicable county health department regulations are complied with or applicable building codes. (Ord. 867, 11-5-2001)

   (A)   Intent: It is the intent of this title to permit existing, legal nonconforming lots, structures, or uses to continue until they are removed, but not to encourage their survival.

      It is recognized that there exists within the districts established by this title and subsequent amendments, lots, structures, and use of land and structures which were lawful before this title was passed or amended which would be prohibited, regulated, or restricted under the terms of this title or future amendments.

      Such uses are declared by this title to be incompatible with permitted uses in the districts involved. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

      A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this title by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

      To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment hereof and upon which actual building construction has been diligently carried on. "Actual construction" is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

   (B)   Nonconforming Lots: In any one-family residential district, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which is under separate and distinct ownership from adjacent lots at the effective date of adoption or amendment hereof. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be sought through approval of the zoning board of appeals.

   (C)   Nonconforming Uses Of Land: Where, at the effective date of adoption or amendment hereof, lawful use of land exists that is made no longer permissible under the terms of this title as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

      1.   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment hereof.

      2.   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment hereof.

      3.   If such nonconforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located.

   (D)   Nonconforming Structures: Where a lawful structure exists at the effective date of adoption or amendment hereof that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

      1.   No such structure may be enlarged or altered in a way which increases its nonconformity. For example, existing residences on lots of a width less than required herein may add a rear porch provided that other requirements relative to yard space and land coverage are met.

      2.   Should such structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost, exclusive of the foundation, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title, however, this provision shall not apply to single- family and two-family residential structures.

      3.   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is removed.

   (E)   Nonconforming Uses Of Structures And Land: If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment hereof, that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

      1.   No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

      2.   Any nonconforming use may be extended throughout any parts of a building, which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment hereof, but no such use shall be extended to occupy any land outside such building.

      3.   If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or more restricted classification; provided, that the zoning board of appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning board of appeals may require conditions and safeguards in accord with the purpose and intent of this title. Where a nonconforming use of a structure, land, or structure and land in combination, is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.

      4.   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

      5.   When a nonconforming use of structure, or structure and premises in combination, is discontinued or ceases to exist for six (6) consecutive months or eighteen (18) months during any three (3) year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses (1 season out of each year) shall be excepted from this provision.

      6.   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

   (F)   Repairs And Maintenance: On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding fifty percent (50%) of the assessed value of the building; provided, that the cubic content of the building as it existed at the time of passage or amendment hereof shall not be increased.

   (G)   Special Use Interpretation: Any special use as provided for in this title shall not be deemed a nonconforming use, but shall, without further action, is deemed a conforming use in such district.

   (H)   Change Of Tenancy Or Ownership: There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, structures and premises, provided there is no change in the nature or character of such nonconforming uses.

   (I)   Acquisition: The city council may acquire, by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses. The cost and expense, or a portion thereof, of acquiring the private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in cities. The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The city council may institute and prosecute proceedings for condemnation of nonconforming uses and structures under the power of eminent domain in accordance with applicable state statutes. (Ord. 867, 11-5-2001)

   (A)   Intent: Typically, various land use activities are provided for in one or more zoning districts. The criteria for such allocations are based upon similarities in the nature of uses and their relationship to other such uses and adjoining development. Zoning districts are also established to coordinate with and provide for the effectuation of the city's master plan.

      The city does, however, possess various existing specialized structures, which have become functionally obsolete for their original purpose and whose redevelopment or conversion in conformance with the city's master plan would be unnecessarily burdensome. It is therefore, the intent of this section to set forth the basic qualifying criteria, project classification, development standards, and submittal requirements necessary to provide for the adaptive reuse of eligible properties within the city to support the local economic and employment base without adversely affecting the public health, safety, and welfare of the city as a whole.

   (B)   Qualifying Criteria:

      1.   The city council shall approve the adaptive reuse of nonresidential buildings and uses. In qualifying a site for adaptive reuse, the city council shall find the following conditions to exist:

         (a)   The subject site is zoned in compliance with the city's master plan;

         (b)   The use can no longer be reasonably continued for its existing purpose by reason of market conditions or operational constraints (i.e., limited site size, floor area deficiencies, parking or loading area, etc.);

         (c)   Site redevelopment in accordance with local development codes would be unnecessarily burdensome by reason of ordinance compliance (restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot) or cost; and

         (d)   The subject site has frontage on, or direct access to, an improved major or secondary thoroughfare.

      2.   The city council may not grant adaptive reuse status to any property whose principal structures are found to be destroyed by any means to the extent of more than fifty percent (50%) of its replacement cost. Any subsequent use of such land shall conform to the regulations of the zoning district in which it is located.

   (C)   Data Required:

      1.   Application for adaptive reuse project as provided under the provisions of this title shall be made to the city clerk by filing an application form; submitting required data, exhibits, and information; and depositing the required fee as established by resolution of the city council, and as may be amended from time to time. No portion of such fee shall be reimbursable to the applicant.

      2.   An application shall contain the following:

         (a)   Applicant's name, address, and telephone number.

         (b)   Address and tax description number of the subject parcel.

         (c)   A signed statement that the applicant is the owner of the subject parcel, or is acting as the owner's representative.

         (d)   A certified survey drawing of the subject parcel.

         (e)   Supporting statements, evidence, data, information and exhibits which address those qualifying criteria for assessing special use permit applications outlined in subsection (B) of this section.

   (D)   Public Hearing Requirements:

      1.   Upon receipt of an application for an adaptive reuse project, the planning commission shall hold a public hearing, one notice of which shall be published not less than fifteen (15) nor more than thirty (30) days prior to the public hearing date in a newspaper of general circulation in the city and sent by first class mail to the owners of the property for which an adaptive reuse project is being considered, to the owners of record of all real property and to the occupants of all structures located within three hundred feet (300') of the boundaries of the property in question. The notice shall:

         (a)   Describe the nature of the adaptive reuse request.

         (b)   Adequately describe the property in question.

         (c)   State the date, time, and place of the public hearing.

         (d)   Indicate when and where written comments concerning the request will be received.

   (E)   Project Classification:

      1.   Upon holding a public hearing, the planning commission shall determine whether the qualifying criteria have been met as set forth in subsection (B) of this section.

      The planning commission shall within thirty (30) days of making such determination forward to the city council its finding and recommendation.

      2.   The city council, upon receipt of the finding, may table action for purposes of further study or gaining additional information; deny the application for adaptive reuse upon finding that the criteria have not been met, or approve the application for adaptive reuse upon finding that the qualifying criteria have been met.

      3.   If the application for adaptive reuse is approved, the city council shall designate the applicant's property as either a class I or class II site.

         (a)   Class I sites permit the conversion of institutional or business uses in residential zones. Properties may be redeveloped/converted to offices, multi-family developments, care facilities and similar uses deemed no more objectionable than the aforementioned uses.

         (b)   Class II sites permit the conversion of industrial uses in residential or commercial zones. Properties may be redeveloped/ converted to any class I purpose, business uses, as well as less intensive industrial development in areas zoned for business.

   (F)   Development Standards:

      1.   In areas meeting the above criteria, development standards may be modified by the planning commission upon finding adequate evidence that the proposed use:

         (a)   Will be compatibly designed, constructed, and maintained with the existing and intended character of the vicinity;

         (b)   Will not be hazardous or disturbing to existing or future neighboring uses;

         (c)   Will be served adequately by essential public services and facilities or the agencies responsible for the establishment of the proposed use shall be able to adequately provide for such services; and

         (d)   Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration, or odor.

      2.   The planning commission may require such additional safeguards as deemed necessary for the protection of the general welfare and for ensuring individual property rights and for ensuring that the intent and objectives of this title will be observed.

   (G)   Site Plan Requirements:

      1.   Site plan approval shall be required in accordance with section 12-6-1 of this title and all applicable ordinances.

         (a)   The planning commission may, at its discretion, concurrently review the site plan at the time of its review of qualifying criteria. (Ord. 867, 11-5-2001)

Accessory buildings or structures, except as otherwise permitted in this title, shall be subject to the following regulations:

   (A)   Where the accessory building is structurally attached to a main building it shall be subject to, and must conform to, all regulations of this title applicable to the main building.

   (B)   Accessory buildings and structures shall not be erected in any side yard nor in any front yard.

   (C)   An accessory building shall not occupy more than twenty five percent (25%) of a required rear yard.

   (D)   No detached accessory building shall be located closer than ten feet (10') to any main building nor shall any accessory building or structure be located closer than three feet (3') to any side or rear lot line.

   (E)   Height of accessory buildings:

      1.   Detached accessory buildings and structures in residential districts:

         (a)   A detached accessory building or structure shall not exceed one story or fifteen feet (15') in height.

         (b)   The vertical exterior surface of a building, not forming part of the roof, shall not exceed a height of nine feet (9'), measured from grade to the top plate of the wall.

      2.   Detached accessory buildings and structures in nonresidential districts:

         Detached accessory buildings or structures in all nonresidential districts may be constructed to equal the permitted maximum building height in said districts, subject to board of zoning appeals review and approval, if the building or structure exceeds one story or fifteen feet (15') in height.

   (F)   When an accessory building is located on a corner lot, the lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building should not project beyond the front yard setback required on the lot to the rear of such corner lot.

   (G)   When an accessory building in excess of two hundred (200) square feet in any residence, business, or commercial district is intended for other than the storage of private motor vehicles, the accessory use shall be subject to the approval of the zoning board of appeals.

   (H)   Household animal enclosures, dog runs, that could or are likely to produce noise, odors, and other nuisances, shall not be located in any side yard and shall be located in the rear yard only. (Ord. 867, 11-5-2001)

There shall be provided in all districts at the time of erection or enlargement of any main building or structure, automobile off street parking space with adequate access to all spaces. The number of off street parking spaces, in conjunction with all land or building uses, shall be provided prior to the issuance of a certificate of occupancy, as hereinafter prescribed.

   (A)   Off street parking spaces may be located within a rear yard or within a nonrequired side yard unless otherwise provided in this title. Off street parking, except in one-family residential districts, shall not be permitted within a front yard nor within a required side yard setback unless otherwise provided in this title. In one-family residential districts, parking is allowed in the front yard but only on a designated and clearly delineated driveway, and shall not be on lawn or landscaped area.

   (B)   Off street parking shall be on the same lot of the building it is intended to serve, except as may be otherwise provided for by this title.

   (C)   Required residential off street parking spaces shall consist of a parking strip, parking bay, driveways, garage, or combination thereof and shall be located on the premises they are intended to serve, and also subject to the provisions of section 12-5-6, "Accessory Buildings And Structures", of this chapter, for garages.

   (D)   Minimum required off street parking spaces shall not be replaced by any other use unless and until equal parking facilities are provided elsewhere.

   (E)   Off street parking existing at the effective date hereof, in connection with the operation of an existing building or use, shall not be reduced to an amount less than hereinafter required for a similar new building or new use.

   (F)   Two (2) or more buildings or uses may collectively provide the required off street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.

   (G)   In the instance of dual function of off street parking spaces where operating hours of buildings do not overlap, the board of zoning appeals may grant an exception.

   (H)   The storage of merchandise, motor vehicles for sale, trucks, or the repair of vehicles is prohibited.

   (I)   For those uses not specifically mentioned, the requirements for off street parking facilities shall be in accordance with a use, which the planning commission considers is similar in type.

   (J)   When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half (1/2) shall be disregarded and fractions over one-half (1/2) shall require one parking space.

   (K)   For the purpose of computing the number of parking spaces required, the definition of "usable floor area" shall govern, and be defined as that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area, which is used or intended to be used principally for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities, shall be excluded from this computation. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.

   (L)   The minimum number of off street parking spaces by type of use shall be determined in accordance with the following schedule:

 

   (M)   Each parking lot that services a building entrance, except single- and two-family residential or temporary structures, shall have a number of level parking spaces for the physically handicapped as set forth in the following table, and identified by above grade signs as reserved for physically handicapped persons:

 

Whenever the off street parking requirements in section 12-5-7 of this chapter, require the building of an off street parking facility, such off street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations:

   (A)   No parking lot shall be constructed unless and until the building official therefor issues a permit. Applications for a permit shall be submitted to the building department in such form as may be determined by the building official and shall be accompanied with two (2) sets of site plans for the development and construction of the parking lot showing that the provisions of this section will be fully complied with.

   (B)   Plans for the layout of off street parking facilities shall be in accordance with the following minimum requirements:

   OFF STREET PARKING LAYOUT REQUIREMENTS

 

 

   (C)   All maneuvering lane widths shall permit one-way traffic movement, except that the ninety degree (90°) pattern shall permit two-way movement.

   (D)   All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited.

   (E)   Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles. Ingress and egress to a parking lot lying in an area zoned for other than one-family residential use shall not be across land zoned for one-family residential use.

   (F)   Each entrance and exit to and from any off street parking lot located in an area zoned for other than one-family residential use shall be at least twenty five feet (25') distant from adjacent property located in any one-family residential district.

   (G)   A wall shall be provided on all sides of the off street parking area abutting or adjacent to a residential district. The obscuring wall shall not be less than four feet six inches (4'6") in height measured from the surface of the parking area.

      All land between the required obscuring wall and the front property line or street right of way line shall be kept free from refuse and debris and shall be landscaped with deciduous shrubs, evergreen material and ornamental trees. The ground area shall be planted and kept in lawn. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance.

      The planning commission, upon application by the property owner of the off street parking area, may waive or modify the wall requirement by approving either an earth berm or evergreen screen in its place. The planning commission may also waive the wall requirement if in specific cases where cause can be shown that no good purpose would be served by compliance with the requirements of this subsection.

   (H)   All lighting used to illuminate any off street parking area shall be so installed as to be confined within and directed onto the parking area only.

   (I)   In all cases where a wall extends to an alley which is a means of ingress and egress to an off street parking area, it shall be permissible to end the wall not more than ten feet (10') from such alley line in order to permit a wider means of access to the parking area.

   (J)   Parking aisles shall not exceed three hundred feet (300') without a break in circulation.

   (K)   Except for those serving single- and two-family dwellings, all parking lots shall be provided with wheel stops or bumper guards so located that no part of parked vehicles will extend beyond the property line or into required landscaped areas or pedestrianways.

   (L)   No parking lot shall have more than one attendant shelter building. All shelter buildings shall conform to setback requirements for structures in the district in which located. (Ord. 867, 11-5-2001)

Off street parking areas shall be landscaped as follows:

   (A)   In off street parking areas containing twenty (20) or more parking spaces, an area equal to at least five percent (5%) of the total parking area shall be used for interior landscaping. Whenever possible, parking lot landscaping shall be arranged to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area, through the even distribution of the landscape effort across the total off street parking area, rather than to concentrate all effort in one location.

   (B)   Parking lot landscaping shall be not less than five feet (5') in any single dimension and not less than one hundred fifty (150) square feet in any single island area. Not more than two (2) landscaped units of one hundred fifty (150) square feet may be combined in plans designed to meet the minimum requirements.

   (C)   The landscape plan shall designate the sizes, quantities, and types of plant material to be used in parking lot landscaping.

   (D)   Required landscaping elsewhere on the parcel shall not be counted in meeting the parking lot landscaping requirements.

   (E)   A minimum of one deciduous tree shall be planted in each landscaped area. (Ord. 867, 11-5-2001)

Required parking for a development may be located off site under certain circumstances. Requests for off site parking must meet the following requirements:

   (A)   Residential Uses: Parking facilities accessory to dwelling units shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings (such as churches) may be located on a lot adjacent to or directly across a street or alley from the lot occupied by the use served; but in no case at a distance in excess of three hundred feet (300') from such zoning lot.

   (B)   Nonresidential Uses: Parking facilities accessory to nonresidential uses may be located on other than the same zoning lot as the use served (off site). All required parking spaces should be within five hundred feet (500') of such zoning lot. No parking spaces accessory to a use in a business or industrial district shall be located in a residential district, unless authorized by the planning commission.

   (C)   Agreement Required: A written agreement shall be drawn to the satisfaction of the city attorney and executed by all parties concerned assuring the continued availability of the off site parking facilities for the use they are intended to serve. (Ord. 867, 11-5-2001)

The provisions and requirements as set forth in sections 12-5-7 and 12-5-10 of this chapter shall apply to all areas within the city, except as modified by this section. The city recognizes that special provisions should be considered for the downtown area including the reduction of required parking spaces due to the availability of public parking. To this end:

   (A)   Portions of the city of Clinton shall be contained within areas described as special parking districts as established by the city council with recommendation from the planning commission.

   (B)   The boundaries of areas classified as special parking districts are hereby established as shown on the zoning map. Where uncertainty exists with respect to the boundaries of the special parking districts as shown on the zoning districts map, the rules as set forth in this section, shall apply.

   (C)   The number of off street parking spaces and the size of loading and unloading areas required for any new use, expanded or intensified use of property located within, or partially within a special parking district, shall be determined as set forth in sections 12-5-7 and 12-5-12 of this chapter, except as herein provided for:

      1.   Off Street Parking: The determination of parking needs within a special parking district shall be based upon the standards specified below. For those uses not specified an adjustment may be made by the city council, following planning commission recommendation, when it is found that a reduction from the standards set forth in section 12-5-7 of this chapter would not adversely affect the retail, office and ancillary service facilities forming the commercial nucleus of these older core business areas. In this latter regard, primary consideration shall be given to uses which are generally the object of special purpose trips and thereby have little or no interrelation with those business activities in the core business areas. The following standards reflect the gross floor area(s) actively used in day to day operations and shall exclude only vacant space and storage areas:

 

 

      2.   Off Street Loading: The planning commission shall have the right to modify or waive the requirement for off street loading areas as specified in section 12-5-12 of this chapter. Any such modification or waiver shall be based upon a review of a site plan and/or the surrounding area and a determination that there is satisfactory loading space serving the building or that the provision of such loading space is physically and/or functionally impractical to provide.

   (D)   The owner or owners of the said new or expanded use may make application to the city clerk for the option of paying a dollar amount established by resolution of the city council per required parking space and loading and unloading space in lieu of providing said required spaces as per the provisions and requirements set forth in sections 12-5-7 and 12-5-12 of this chapter. These monies would be paid into the special parking district fund established by the city council specifically for the purpose of constructing and improving off street parking areas to serve uses located within the special parking districts. The timing of parking spaces provided and their location shall be at the sole discretion of the city council.

   (E)   The amount paid into the parking fund described above shall not apply against any present or future special assessments levied by the city for parking improvements.

   (F)   This exception may only be granted by the city council. Granting of the exception shall be based upon evidence presented by the property owner or owners showing that the reasonable ability to provide any or all of the required parking spaces and/or loading and unloading areas as required in sections 12-5-7 and 12-5-12 of this chapter, does not exist.

   (G)   A property owner or owners granted the exception of contributing to the parking fund will not receive an occupancy permit until said monies have been paid into said fund, in full.

   (H)   The provisions of this section also apply to any change in use of property located within a special parking district that would require parking spaces in excess of those required for the previous use. (Ord. 867, 11-5-2001)

On the same premises with every building, structure, or part thereof, involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading, and unloading in order to avoid undue interference with public use of dedicated rights of way. Such space shall be provided as follows:

 

   (A)   All loading spaces shall be in addition to the off street parking area access drive, and maneuvering lane requirements.

   (B)   Off street loading space shall have a clearance of fourteen feet (14') in height.

   (C)   Off street loading space may be completely enclosed within a building, or may occupy a portion of the site outside of the building, provided that where any portion of a loading space is open to public view, said space shall be screened in accordance with section 12-5-22, "Screening Walls", of this chapter.

   (D)   All loading and unloading in the industrial district shall be provided off street in the rear yard or interior side yard, and shall in no instance be permitted in a front yard. In those instances where exterior side yards have a common relationship with an industrial district across a public thoroughfare, loading and unloading may take place in said exterior side yard when the setback is equal to at least fifty feet (50'). (Ord. 867, 11-5-2001)

   (A)   Intent: The regulations set forth in this section are intended to prevent the storage or accumulation of unusable, inoperable, or unsightly motor vehicles, machinery, or building materials that could be hazardous to the safety of children, encourage the propagation of rats or rodents, or detract from the orderly appearance of the city.

   (B)   General Requirements:

      1.   Motor Vehicle Parking And Storage: No motor vehicle shall be kept, parked or stored in any district zoned for residential use, unless the vehicle is in operating condition and properly licensed or is kept inside a building.

      2.   Machinery And Building Materials Storage: Unusable or inoperable machinery, equipment, or machines and/or equipment parts of machines or equipment not intended for use upon the premises, or old and/or used building materials, shall not be kept or stored outside of a building. However, the temporary storage of building materials intended to be used to improve the premises may be stored outside, if piled off the ground so as not to become a suitable environment for rats or rodents. The temporary storage of building materials to be used for the purpose of new construction shall be permitted. In no case shall usable or unusable machinery, building materials, or other items be stored on a permanent basis in a truck trailer or other type of trailer, with or without its wheels.

   (C)   Penalty: Any person violating any of the provisions of this chapter shall be subject to penalty as provided in section 1-4-1 of this code; and a further penalty of like amount shall be deemed committed on each day during or on which such nuisance continues unabated after seven (7) days from receipt of notice. (Ord. 867, 11-5-2001; amd. Ord. 1620, 3-4-2025)

In all residential properties (either zoned residential or not) the vehicles or items must be stored in operable condition (in the manner they were intended on being fully utilized) and properly licensed. Furthermore the vehicles stored shall be subject to the following:

   (A)   There shall be allowed the parking or storage of no more than one of the following:

      1.   Boats,

      2.   Travel trailers,

      3.   Recreational vehicles, or similar type vehicle,

      within the front yard areas, without having first received a parking permit from the zoning administrator.

      Vehicles or items so parked shall only be parked on a designated driveway or landscape blocks which encompasses the entire underside of such boat, travel trailer, recreational vehicle or similar type vehicle. A designated driveway may be constructed of concrete, asphalt, gravel, or white rock and must be free of vegetation. Landscape blocks may be of the decorative or plain masonry type block. The zoning administrator shall approve the designated driveway or landscape block surface prior to issuing a permit pursuant to this section.

   (B)   A combination of not more than any three (3) of the following items may be kept or stored for an indefinite period of time in the rear or side yard of a single- or two-family lot:

      Recreational vehicles,

      Travel trailers/campers,

      Boats,

      Snowmobiles,

      Motor vehicles (autos, pickup trucks, etc.),

      Motorcycles; provided:

      1.   Such vehicles shall be subject to all applicable setback provisions concerning accessory buildings as set forth in section 12-5-6 of this chapter, and

      2.   Vehicles or items so parked shall only be parked on a designated driveway or landscape blocks which encompasses the entire underside of such vehicle or item. A designated driveway may be constructed of concrete, asphalt, gravel, or white rock and must be free of vegetation. Landscape blocks may be of the decorative or plain masonry type block. The zoning administrator shall approve the designated driveway or landscape block surface prior to issuing a permit pursuant to this section.

   (C)   A travel trailer, motor home, or camper parked or stored in any zoning district shall not be connected to Municipal utilities and shall not be occupied for any period in excess of two (2) weeks in any calendar year.

   (D)   For purposes of this section, the front yard of a corner lot shall be that portion of the yard adjacent to the entrance to the improvements on the property. For purposes of this section, a "stored" vehicle shall not be interpreted to include any operable passenger vehicle being continually used by the occupant of the property.

   (E)   Any person violating any of the provisions of this chapter shall be subject to a penalty as provided in section 1-4-1 of this code; and a separate offense shall be deemed committed on each day during or on which such nuisance continues unabated after seven (7) days from receipt of notice. The city hereby authorizes a law enforcement agency, to remove after seven (7) days from the issuance of said notice any inoperable motor vehicle or items thereof. (Ord. 867, 11-5-2001; amd. Ord. 1472, 2-5-2028; Ord. 1625, 8-19-2025)

Home occupations, garage sales and yard sales are permitted, subject to the following requirements:

   (A)   A home occupation shall be conducted entirely within a residential building or detached garage.

   (B)   Only persons residing on the premises shall be engaged in the home occupation, except where a home occupation involving other persons is authorized by the Planning Commission as a special use.

   (C)   The use of a dwelling for a home occupation shall be secondary and incidental to its use for residential purposes.

   (D)   Not more than twenty five percent (25%) of the dwelling unit total for all occupations, exclusive of unfinished attics, attached garages, breezeways, and enclosed or unenclosed porches, shall be used for purposes of the home occupation.

   (E)   There shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such home occupation other than approved signage.

   (F)   The outdoor storage of goods and materials shall be prohibited. No interior display shall be visible from the exterior of a dwelling unit used for purposes of a home occupation.

   (G)   No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be provided by an off street area, located other than in a required front yard.

   (H)   All electrical motors and equipment used in the conduct of the home occupation shall be shielded so as not to cause radio or television interference for adjoining properties. Any mechanical equipment shall be not substantially different from that normally used for household purposes and hobbies.

   (I)   Garage and yard sales shall only offer privately owned articles and shall not include merchandise purchased for or a commission paid for resale. (Such sales are commercial "flea markets".)

   (J)   A single dwelling unit shall not have more than two (2) sales per year and each sale shall not be more than three (3) days in length.

   (K)   A dwelling unit shall have not more than a total of one sign advertising the home occupation or garage or yard sale. A sign advertising a home occupation shall not exceed two (2) square feet and shall be attached to the building. A garage sale or yard sale may be advertised by means of a temporary sign not exceeding four (4) square feet; said sign shall not be erected more than twenty four (24) hours in advance of the sale and must be removed at the conclusion of the sale. (Ord. 867, 11-5-2001)

Any dwelling unit used for bed and breakfast operation shall comply with the following requirements:

   (A)   Not more than twenty five percent (25%) of the total floor area shall be used for bed and breakfast sleeping rooms.

   (B)   There shall be no separate cooking facilities used for the bed and breakfast stay.

   (C)   Occupancy by guests shall be restricted from one to seven (7) days.

   (D)   One additional parking space shall be provided for each guestroom, on site; further, said parking shall not be permitted within a required front yard. (Ord. 867, 11-5-2001)

For uses making reference to this section, vehicular access shall be provided only to an existing or planned major thoroughfare, freeway service drive, or collector street. Provided, however, that access driveways may be permitted to other than a major thoroughfare, freeway service drive, or collector street where such access is provided to a street where the property directly across the street between the driveway and the major thoroughfare, freeway service drive, or collector street is zoned for multiple-family use or any nonresidential use, is developed with permanent uses other than single-family residences or is an area which, in the opinion of the planning commission, will be used for other than single-family purposes in the future. This exception shall apply only if the planning commission finds that there are special circumstances, which indicate that there will be a substantial improvement in traffic safety by reducing the number of driveways to a thoroughfare. (Ord. 867, 11-5-2001)

In all residential districts, so called entranceway structures including, but not limited to, walls, columns, and gates marking entrances to single-family subdivisions or multiple-housing projects may be permitted and may be located in a required yard, except as provided in sections 12-5-22, 12-5-23, and 12-5-19 of this chapter, provided that such entranceway structures shall comply to all codes of the municipality, and shall be approved by the building official and a permit issued. (Ord. 867, 11-5-2001)

Except as may otherwise be provided in this title, no fence, wall, shrubbery, sign, or other obstruction to vision above a height of two feet (2') from the established street grades shall be permitted within the triangular area formed at the intersection of any street right of way lines by a straight line drawn between said right of way lines at a distance along each line of twenty five feet (25') from their point of intersection. (Ord. 867, 11-5-2001)

   (A)   Intent: Landscaping, greenbelts, and screening are necessary for the protection and enhancement of the environment and for the continued vitality of all land uses in the city. Landscaping and greenbelts are capable of enhancing the visual environment, preserving natural features, improving property values, and alleviating the impact of noise, traffic, and visual disruption related to intensive uses. The purpose of this section is to set minimum standards for the protection and enhancement of the environment through requirements for the design and use of landscaping, greenbelts, and screening.

   (B)   Scope Of Application: The requirements set forth in this section shall apply to all uses, lots, sites, and parcels, which are developed or expanded following the effective date hereof. No site plan shall be approved unless said site plan shows landscaping consistent with the provisions of this section. Furthermore, where landscaping is required, a building permit shall not be issued until the required landscape plan is submitted and approved, and a certificate of occupancy shall not be issued unless provisions set forth in this section have been met or a performance bond has been posted in accordance with the provisions set forth in subsection 12-5-5(G) of this chapter.

   (C)   Landscaping Design Standards: Except as otherwise specified in the general requirements for each zoning ordinance, all landscaping shall conform to the following standards:

      1.   General Landscaping: All portions of the lot or parcel area not covered by buildings, paving, or other impervious surfaces, shall be landscaped with vegetative ground cover and other ornamental materials as required below, except where specific landscape elements, such as a greenbelt, berm, or screening are required:

         (a)   All portions of the landscaped area shall be planted with grass, ground cover, shrubbery, or other suitable plant material, except that paved patios, terraces, sidewalks and similar site features may be incorporated with planning commission approval.

         (b)   A mixture of evergreen and deciduous trees shall be planted at the rate of one tree for each one thousand (1,000) square feet or portion thereof of landscaped open space area.

         (c)   Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.

         (d)   On sites which are two (2) acres or larger in size, the landscaped area shall include a greenbelt of a minimum ten foot (10') width, located and continually maintained along a public right of way.

         (e)   In consideration of the overall design and impact of the landscape plan, the planning commission may reduce or waive the requirements outlined herein for general landscaping, or for landscaping in greenbelt areas, on berms, or as part of a screen, provided that any such adjustment is in keeping with the intent of this title.

         (f)   The total landscaped area shall be the basis for determining the required number of trees or shrubs, irrespective of the portion which is devoted to patios, terraces, sidewalks, or other site features.

      2.   Greenbelt Buffer: Where required, greenbelts and greenbelt buffers shall conform to the following standards:

         (a)   A required greenbelt or greenbelt buffer may be interrupted only to provide for roads or driveways for vehicular access.

         (b)   Grass, ground cover, or other suitable live plant material shall be planted over the entire greenbelt area, except that paving may be used in areas of intensive pedestrian circulation.

         (c)   A minimum of one deciduous tree or evergreen tree shall be planted for each thirty (30) linear feet or portion thereof of required greenbelt length. Required trees shall be at least five feet (5') tall and may be planted at uniform intervals, at random, or in groupings.

         (d)   For each fifty (50) linear feet or portion thereof of required greenbelt length, at least one ornamental spring flowering tree at least five feet (5') in height shall be installed and maintained.

         (e)   Two (2) 18-inch high or wide shrubs shall be required for each fifteen (15) linear feet of greenbelt area. Required shrubs may be planted at uniform intervals, at random, or in groupings.

         (f)   For the purpose of determining required plant material, required greenbelt area length shall be measured along the exterior periphery of the greenbelt area inclusive of all driveways.

      3.   Berms: Where required, earth berms or landscaped berms shall conform to the following standards:

         (a)   The berm shall be at least three feet (3') above the grade elevation, and shall be constructed with slopes no steeper than one foot (1') vertical for each three feet (3') horizontal. For the purposes of this provision, "grade elevation" shall be the ground elevation at the property line adjacent to the proposed berm.

         (b)   The berm area shall be planted with grass or other suitable ground cover to ensure that it withstands wind and weather and retains its height and shape.

         (c)   A minimum of one deciduous or evergreen tree shall be planted for each thirty (30) linear feet or portion of required berm.

         (d)   Eight (8) shrubs per tree may be planted as substitute for trees (see subsection (C)3(c) of this section).

         (e)   Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.

         (f)   For the purpose of determining required plant material, required berm length shall be measured along the exterior periphery of the berm.

      4.   Evergreen Screening: Where required, evergreen screening shall consist of closely spaced plantings, which form a visual barrier that is at least eight feet (8') above ground level within five (5) years of planting.

      5.   Landscaping Of Rights Of Way And Other Adjacent Public Open Space Areas: Public rights of way and other public open space areas adjacent to required landscaped areas and greenbelts shall be planted with grass or other suitable ground cover and maintained by the owner of the adjacent property as if they were part of required landscaped areas and greenbelts.

      6.   Regulations Pertaining To Landscaping Areas Used For Sight Distance: When a driveway intersects a public right of way or when the subject property abuts the intersection of public rights of way, all landscaping within the corner triangular areas described below shall permit unobstructed cross visibility. Shrubs located in the triangular area shall not be permitted to grow to a height of more than two feet (2') above the pavement grade at the edge of the pavement. Portions of required berms located within sight distance triangular areas shall also not exceed a height of two feet (2') above the pavement grade at the edge of the pavement. Trees may be maintained in this area provided that all branches are trimmed to maintain a clear vision for a vertical height of eight feet (8') above the roadway surface. Landscaping, except grass or ground cover, shall not be located closer than three feet (3') from the edge of a driveway.

         (a)   The area formed at the corner intersection of a public right of way and a driveway, two (2) sides of the triangle area being ten feet (10') in length measured along the right of way line and driveway line and the third side being a line connecting these two (2) sides.

         (b)   The area formed at a corner intersection of two (2) public right of way lines, the two (2) sides of the triangular area being twenty five feet (25') in length measured along the abutting public right of way lines and the third side being a line connecting these two (2) sides.

      7.   Maintenance Of Landscaping: All required landscape areas shall be planted and maintained with living plant materials. All landscaping which is located more than fifty feet (50') from a building site shall have an irrigation (water sprinkler) system installed or access to water within fifty feet (50') to assist in maintaining plant materials in a healthy condition. Failure to maintain required landscaped areas, including the removal and replacement of dead or diseased plant materials, shall constitute a violation of this title. (Ord. 867, 11-5-2001)

Whenever in this title planting is required, it shall be planted within six (6) months from the date of completion of the building or improvement, and shall thereafter be reasonably maintained with permanent plant materials. Plastic and other nonorganic, nonliving plant materials shall be prohibited from use and shall not be in compliance with the spirit and intent of this title.

Whenever possible, preference will be given to native trees and shrubs. "*Native" is defined as indigenous to this region, growing naturally in this region. Native trees and shrubs are well adapted to the climate and conditions of this region, requiring less watering and less maintenance, and are less likely to cause or succumb to disease.

Wildlife being recognized as important to the quality of life of our citizens, where appropriate, preference will be given to species that provide quality food for native birds and other wildlife.

Exotic trees and shrubs known to be invasive including, but not limited to, the list in subsection (G) of this section will be excluded/removed from city property.

   (A)   Plant Material Spacing:

      1.   Plant materials shall not be placed closer than four feet (4') from the fence line or property line except that shrubs may be planted no closer than two feet (2') from the fence or property line.

      2.   Where plant materials are planted in two (2) or more rows, plantings shall be staggered in rows.

      3.   Evergreen trees shall be planted not more than thirty feet (30') on centers.

      4.   Narrow evergreens shall be planted not more than ten feet (10') on centers.

      5.   Deciduous trees shall be planted not more than thirty feet (30') on centers.

      6.   Tree like shrubs shall be planted not more than ten feet (10') on centers.

      7.   Large deciduous shrubs shall be planted not more than four feet (4') on centers.

   (B)   Evergreen Trees (*Native):

      1.   Cedar (*red, white).

      2.   Fir (balsam, concolor, Douglas).

      3.   Pine (red, white).

      4.   Spruce (Colorado blue, Norway, white).

   (C)   Narrow Or Shrub Like Evergreens (*Native):

      1.   Arborvitae.

      2.   Cypress (*bald).

      3.   Hemlock.

      4.   Juniper.

      5.   Yew.

   (D)   Deciduous Trees (*Native):

      1.   Ash (European, *green, *white).

      2.   *Beech.

      3.   *Birch (river or bore resistant variety).

      4.   *Dogwood (white or pink flowering).

      5.   *Hackberry.

      6.   Hard maple (Norway, *sugar).

      7.   *Hickory.

      8.   Honey locust (seedless and thornless).

      9.   *Linden.

      10.   Pear (Bradford, callary).

      11.   *Oaks.

      12.   *Tulip tree.

      13.   *Walnut.

      14.   Red maple.

   (E)   Tree Like Shrubs (*Native):

      1.   *Dogwood (white or pink flowering).

      2.   Flowering crabapple (scab resistant).

      3.   Mountain ash.

      4.   *Redbud.

      5.   *Serviceberry.

      6.   *Witch hazel.

   (F)   Large Deciduous Shrubs (*Native):

      1.   Cotoneaster.

      2.   Euonymus.

      3.   Forsythia.

      4.   *Hazelnut.

      5.   Lilac.

      6.   Mock orange.

      7.   Plum (purple).

      8.   Privet.

      9.   Rose of Sharon.

      10.   Viburnum.

   (G)   Trees Not Permitted:

      1.   Black locust.

      2.   Box elder.

      3.   Buckthorn.

      4.   Catalpa.

      5.   Ginkgo (female).

      6.   Horse chestnut (nut bearing).

      7.   Magnolia.

      8.   Poplar.

      9.   Scotch pine.

      10.   Maple (soft, silver).

      11.   Sweet gum.

      12.   Sycamore.

      13.   Tree of heaven.

      14.   Willow.

   (H)   Existing Plant Materials: In instances where healthy plant material exists on a site prior to its development, the building official may adjust the application of the above standards to allow credit for such plant material if such an adjustment is in keeping with, and will preserve, the intent of this section.

   (A)   For the districts and uses listed below, there shall be provided and maintained on those sides abutting or adjacent to a one-family residential district, an obscuring wall. The height of the wall shall be measured from the surface of the parking area or land on the nonresidential side of the wall.

 

 

   (B)   In the case of the variable wall height requirement in subsection (A)4 of this section, the extent of obscuring wall shall be determined by the planning commission on the basis of land usage, provided further that no wall or fence shall be less than the above required minimum, nor greater than the above required maximum height.

   (C)   Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this title requires conformance with yard setback lines. Upon review of the site plan, the planning commission may approve an alternate location for the wall, or may modify the wall requirement by approving either an earth berm or evergreen screen in its place. The planning commission may also waive the wall requirement if in specific cases where cause can be shown that no good purpose would be served by the screening requirement.

   (D)   Required walls shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this title and except such openings as may be approved by the planning commission. All walls herein required shall be constructed of materials approved by the building official to be durable, weather resistant, and easily maintained.

   (E)   The requirement for an obscuring wall between off street parking areas, outdoor storage areas, and any abutting residential district shall not be required when such areas are located more than two hundred feet (200') distant from abutting residential district(s). (Ord. 867, 11-5-2001)

   (A)   Scope: The installation, erection, and/or maintenance of a fence is hereby prohibited except in strict compliance with this title. A permit to be issued by the building official shall be obtained prior to installation or erection of any fence within the corporate limits of the city of Clinton. Application shall be made upon a form provided by the zoning office and shall require such information as may be required by the building official. All applications for a fence permit shall be accompanied by a filing fee as may be established by city council resolution.

   (B)   Calculation Of Fence Height: The height of the fence shall be computed as the distance from the base of the fence at normal grade to the top of the highest component of the fence. (Ord. 867, 11-5-2001)

   (C)   Design Requirements:

      1.   Residential Fences: All fences in residential zones or used for residential purposes shall be of an ornamental type. Fences in front yards of residential areas shall be constructed of decorative materials and not be constructed of wire, chainlink, chicken wire, or other type wire. Height of fences shall not exceed forty eight inches (48") in front yards, six feet (6') in side yards, and eight feet (8') in rear yards. (Ord. 945, 10-6-2003)

      2.   Business, Office, Or Commercial Fences: All fences in areas zoned or used for business, office, or commercial purposes shall be of an ornamental type, and shall not be more than six feet (6') in height above grade level.

      3.   Industrial Fences: All fences in areas zoned or used for industrial purposes shall not exceed twelve feet (12') in height above grade level.

      4.   Fences Separating Single- Or Two-Family Residential Property From Multiple-Family Residential Property: Areas zoned or used for multiple-family residential purposes, with five (5) to sixteen (16) total number of units, which abut single- or two- family property, shall have erected upon said adjoining property line, a fence of approved type, to be six feet (6') in height above grade level.

      5.   Fences For Parks, Schools, Public Buildings, Etc.: The height and type of fences enclosing municipal parks, public and parochial school grounds, public building and church grounds or land used for playgrounds, parks, picnic groves, golf courses, golf driving ranges or similar facilities for outdoor exercise and recreation shall require the approval of the city council after receiving the recommendation of the zoning office. (Ord. 867, 11-5-2001)

      6.   Fences Required For Swimming Pools: For the protection of the general public, any swimming pool shall be enclosed by a fence not less than four feet (4') in height above grade level. The gate(s) shall be of a self-closing and latching type, with the latch on the inside of the gate not readily accessible for children to open. It shall be capable of being securely locked when the pool is not in use for extended periods; provided, however, that if the entire premises is enclosed with a fence of not less than four feet (4') in height above grade level, the zoning office may waive this provision. (Ord. 867, 11-5-2001; amd. correspondence dated 6-4-2007)

   (D)   Material Specifications: Fences shall be constructed of wood, metal or masonry, and other acceptable materials of required stability. Only new material shall be used, which has been manufactured and/or treated in a manner to prevent rust and corrosion, and/or rot and decay. All posts shall be sunk in the soil to a depth of at least three feet (3').

      1.   No person shall erect or cause to be erected a fence which is:

         (a)   Made with or upon which is fixed barbed wire; or

         (b)   Has any protective spike, nail, or sharp pointed object; or

         (c)   Charged with electric current;

   (E)   Location:

      1.   All fences must be located entirely on the private property of the person constructing the fence, provided that if the adjoining property owner(s) consents in writing to the construction of a fence on this property line, it may be so constructed. Such written consent shall be filed with the application for a permit. In the case of disagreement of property owner(s), the applicant must establish the legal property line before a permit can be issued.

      2.   In no case shall a fence in a side or front yard be a visual obstruction to vehicular traffic, and shall be in accordance with section 12-5-19, "Corner Clearance", of this chapter.

   (F)   Maintenance Of Nuisance: Fences must be maintained in a neat and safe condition, so as not to endanger life or property. Any fence which, through lack of repair, type of construction or otherwise, endangers life or property, is hereby deemed a nuisance. The zoning office shall notify the owner, agent, or person in control of the property on which such fence is located of the existence of such nuisance and specify the required repairs or modifications to be made to render the fence safe, or require that the unsafe fence or any portion thereof to be removed and shall provide a time limiting such repairs, modification, or removal.

   (G)   Existing Fences:

      1.   Fences presently in existence shall not be enlarged, rebuilt, or reconstructed without first having obtained a permit therefor from the building department. Such fences, when repaired or replaced, shall conform to all provisions of this title.

      2.   Any newly rezoned property shall comply with all fence requirements for the newly zoned district. (Ord. 867, 11-5-2001)

   (A)   In all areas except one-family residential districts, for each lot or use there shall be provided an outdoor trash storage area. Any such area shall be limited to normal refuse, which is collected on a regular basis, and shall be maintained in a neat, orderly and sanitary condition. The requirement for such a trash storage area may be waived by the planning commission upon a finding that it is unnecessary due to the nature of the use, or owing to provisions for indoor trash storage.

   (B)   In no instance shall any such refuse be visible above the required screening.

   (C)   A screening wall, fence, or hedge in accordance with section 12-5-22 of this chapter, of six feet (6') in height, shall enclose three (3) sides of the storage area. Bollards and/or other protective devices shall be installed at the opening and to the rear of any storage area to prevent damage to the screening walls. The surface under any such storage area shall be constructed of concrete, which complies with local building requirements.

   (D)   Any such storage area shall be located in a rear yard and/or be so located and arranged as to minimize its visibility from adjacent streets and uses. The planning commission may require an obscuring gate when the visibility of such a storage area, from a public street or adjacent use, is deemed to render an adverse influence. In no instance shall any such area be located in a front yard.

   (E)   All trash storage areas and/or enclosures shall be located a minimum of ten feet (10') from any building or structure. (Ord. 867, 11-5-2001)

   (A)   All outdoor lighting in all use districts other than residential shall be shielded so the surface of the source of the light shall not be visible from all adjacent residential districts, adjacent residences, and public rights of way. Shielding shall prevent light from projecting skyward.

   (B)   Illumination guidelines shall be in accordance with the following standards:

      1.   Street Illumination: Standards for the illumination for streets and other public rights of way within the city shall be in conformance with standards as specified by the administrative assistant in charge of public works. Illumination levels shall be so established as to provide proper protection for the health and safety of pedestrians and vehicular traffic.

      2.   Parking Illumination:

 

 

   Low Activity: Examples include neighborhood shopping, industrial employee parking, educational facility parking, and church parking.

   Medium Activity: Examples include community shopping centers, office parks, hospital parking areas, transportation parking (airports, etc.), cultural, civic or recreational events, and residential complex parking.

   High Activity: Examples include major league athletic events, major cultural or civic events, regional shopping centers, and fast food facilities.

   (C)   All illumination shall not be of a flashing, moving, or intermittent type other than used in connection with a sign for the conveyance of noncommercial information which requires periodic change, such as time, temperature, or stock average.

   (D)   All illumination shall be constant in intensity and color at all times when in use. (Ord. 867, 11-5-2001)

See section 5-2-16 of this code. (Ord. 867, 11-5-2001)

   (A)   For permanent above or below ground swimming pools with a diameter exceeding twelve feet (12') or an area exceeding one hundred (100) square feet, a building permit must be obtained for its alteration, erection, and construction. Before a permit is issued, an application shall be approved by the enforcing official (building official or authorized representative). An application is not required for a wading pool. An application for a permit should provide the following information: name of the owner, plot plan specifying dimensions, site location of the pool, as well as nearby fences, buildings, gates, septic tanks, tile fields, public utilities, and easements. The application for a belowground pool must include plans and specifications to scale of the pool walls, slope, bottom, walkway, diving boards, type and rating of auxiliary equipment, piping, and valve layout. (Ord. 867, 11-5-2001; amd. per correspondence dated 6-4-2007)

   (B)   A private swimming pool shall be located only in the rear yard. (Ord. 867, 11-5-2001)

   (C)   (Rep. by Ord. 1130, 9-15-2008)

   (D)   With regard to overhead electrical, cable television, or telephone wires, a distance of not less than ten feet (10') horizontally from the water's edge shall be enforced. Under no circumstances shall wire of any kind cross over the water surface.

   (E)   No swimming pool or wading pool shall be constructed or maintained unless access to such swimming pool is limited. (Ord. 867, 11-5-2001)