The regulations set forth in this zoning ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as otherwise provided.

(Ord. dated 6/30/08 (part))

In addition to the regulations of this zoning ordinance, the Americans with Disabilities Act (ADA) Accessibility Guidelines for buildings and facilities shall also apply.

(Ord. dated 6/30/08 (part))

No building, structure, land, or open space shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(Ord. dated 6/30/08 (part))

Nothing in this zoning ordinance shall require any change in the construction or intended use of a building which is legally under construction or for which a building permit has been lawfully issued as of the effective date of this zoning ordinance and the construction of which is diligently pursued under the terms of the permit(s) issued until completion.

(Ord. dated 6/30/08 (part))

All uses requiring an occupation tax and business license pursuant to Title 5 shall comply with all such licensing requirements and shall not be considered lawful uses under this title if in violation of such licensing requirements.

(Ord. dated 6/30/08 (part))

Editor's note— An Ordinance dated June 6, 2022, § 25, repealed § 16.32.060 which pertained to classification of streets and derived from an Ordinance dated June 30, 2008.

A.

Corner Visibility. On corner lots within all zoning districts, no fence, shrubbery, or other obstruction to traffic line of sight vision shall exceed a height of two and one-half feet within the triangular area formed by the intersection of right-of-way lines at two points measured twenty (20) feet along the property line from the intersection. Within said triangle there shall be no sight obscuring wall, fence or foliage higher than thirty (30) inches above grade or in the case of trees, foliage lower than eight feet. Vertical measurement shall be made at the top of the curb on the street or alley adjacent to the nearest side of the triangle or if no curb exists, from the edge of the nearest traveled way.

B.

Measurement Rule. Heights of fences, hedges, and other continuous foliage shall be measured from the adjacent top of the street curb, surface of an alley, or the official established grade thereof, whichever is higher. Along interior lot lines, the measurement shall be from the average grade of the lot line of the parcel on which the fence is located.

C.

Exceptions. The mayor and council may approve, or may direct as a condition for granting approval, that fences or plantings of a height in excess of these regulations be placed as shielding between different uses, or between like uses upon agreement between the parties affected thereby, provided that no such approval shall have the effect of reducing corner visibility as provided for herein.

(Ord. dated 6/30/08 (part))

The front yard setback requirements for dwellings shall not apply to any lot where the average existing building setback line on lots located wholly or in part within one hundred (100) feet on each side of such lot, within the same block, and fronting on the same side of the same street as such lot, is less than the minimum front yard setback required. In such cases the front yard setback on such lot may be no less than the average of the existing setbacks on the aforementioned lots, or within ten (10) feet of the street right-of-way, whichever is greater.

(Ord. dated 6/30/08 (part))

No building or other structure shall hereafter be erected or altered to exceed the height or bulk limits of this zoning ordinance; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this zoning ordinance.

The height limitations of this zoning ordinance shall not apply to religious institution spires, belfries, cupolas, domes, transmission towers, chimneys, smokestacks, derricks, conveyors, flag poles, radio or television towers, or aerials within all CR, TCR, NM, CM, TCM, M1 and M2 districts. The maximum height allowed for these elements shall be the maximum height allowed in the designated zoning district plus an additional fifteen (15) percent of the maximum height allowed in the designated zoning district. See also airport related provisions.

(Ord. dated 6/30/08 (part))

Editor's note— Section 2 of an ordinance adopted July 7, 2011, repealed § 16.32.100, which pertained to inoperative vehicles, and derived from an ordinance adopted June 30, 2008. Similar provisions can be found in § 8.16.010.

No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side or rear yards, lot area per dwelling unit or other requirements of this zoning ordinance are not maintained. Yards or lots created after the effective date of this zoning ordinance shall meet at least the minimum requirements established by this zoning ordinance. This section shall not apply when a portion of a lot is acquired for a public purpose.

(Ord. dated 6/30/08 (part))

All distance measurements of this title that do not specify the method of measurement shall be measured in a straight line from the nearest property line to the nearest property line.

(Ord. dated 6/30/08 (part))

Only one permitted principal use, and its authorized accessing use(s), shall be authorized per lot, unless multiple or mixed uses are specifically authorized on the same lot elsewhere in this zoning ordinance.

(Ord. dated 6/30/08 (part))

The following setback encroachments are permitted:

A.

Cornices, eaves, chimneys, porches, bay windows, or other similar architectural features may extend into the required front, side and rear yard provided such extensions do not exceed three feet. Decks and patios may extend into the side or rear yard no closer than ten (10) feet from any property line. Steps and landings may extend into the required setbacks provided such extensions do not exceed ten (10) feet for the front yard, three feet for the side yard and no closer than ten (10) feet from the property line in the rear yard.

B.

When a canopy is utilized in connection with a commercial or industrial use in districts where such uses are permitted, such canopy may occupy a portion of the required yard setback adjacent to streets, subject to the following provisions:

1.

Except in TCM, no portion of a canopy shall be closer than ten (10) feet from any street right-of-way line when measured vertically, nor closer than ten (10) feet from the face of the curb of the street.

2.

No canopy shall occupy more than fifty (50) percent of a required yard over which it extends.

(Ord. dated 6/30/08 (part); Ord. dated 6/6/22, § 26)

All applications and permits shall be reviewed by the appropriate city authority within the applicable time limits set forth herein. If no time limit is specified, such application or permit shall be reviewed and decided upon within thirty (30) days unless the applicant agrees to an extension of time in writing. Applications and permits not decided upon within time limits specified shall be deemed approved.

(Ord. dated 6/30/08 (part))

Trash and recycling dumpsters must be enclosed on three sides by a decorative wall or opaque fence. The height shall be equal to or higher than the trash or recycling dumpster. Temporary construction trash and recycling dumpsters which are not enclosed shall be permitted up until such time as the certificate of occupancy is granted.

(Ord. dated 6/30/08 (part))

Every building hereafter erected or moved shall be on a lot adjacent to a public street and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection.

In the event a land locked lot exists, as of the effective date of this zoning ordinance, the property owner shall be entitled to only one building permit, provided:

A.

No other principal building exists or is being constructed on said property;

B.

No other valid building permit has been issued prior to the effective date of this zoning ordinance and is currently valid;

C.

The property was and continues to be under single ownership since the effective date of this zoning ordinance;

D.

The property owner has acquired a twenty (20) foot access easement to a publicly maintained street, and said easement has been duly recorded and made part of the property deed; and

E.

In the event said property is divided, no additional permits will be issued.

(Ord. dated 6/30/08 (part); Ord. dated 6/6/22, § 27)

Any lot of record existing at the time of adoption or amendment of this zoning ordinance, which has an area or width which is less than required by this zoning ordinance, shall be subject to the following exceptions and modifications.

A.

Adjoining Lots. When two or more adjoining and vacant lots within a non-approved development with continuous frontage are in a single ownership at the time of application, and such lots have a frontage or lot area less than is required by the district in which they are located, such lots shall be re-platted so as to create one or more lots which conform to the minimum frontage requirements of the district.

B.

Lots Not Meeting Minimum Lot Size Requirements. When a lot has an area or frontage which does not conform to the requirements of the district in which it is located, but was a lot of record at the effective date of this zoning ordinance, such lot may be used for any use allowed in the zoning district in which it is located provided that all other requirements of this zoning ordinance are met.

(Ord. dated 6/30/08 (part))

Truck stops are prohibited. Furthermore, no adjoining or adjacent uses shall be physically connected or used so as to effectively create a truck stop.

(Ord. dated 6/30/08 (part))

Nothing in this zoning ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

(Ord. dated 6/30/08 (part))

All uses requiring an occupation tax and business license pursuant to Title 5 shall be located in a zoning district that permits such business activity in accordance with the Permitted Uses Table of Section 16.16.020.

(Ord. dated 6/30/08 (part))

The setback requirements of this zoning ordinance shall not prohibit any necessary retaining wall or fence except that in a NR1, NR2 or NR3 zoning district:

A.

Front yard fences and walls shall not exceed forty-two (42) inches in height and shall not extend into the public right-of-way.

B.

Front yard fences shall be within six inches of the property line and shall not be made of wire, woven metal, or chain link unless located on property of an agricultural or undeveloped use or of a lot size larger than three acres.

C.

Ornamental or decorative fences constructed of brick, stone, stucco, split rail, wood or wrought iron and not constructed of exposed block, tires, junk or other discarded material shall be permitted within the front yard setback.

D.

No fence or wall shall exceed eight feet in height within a rear or side yard.

E.

Retaining walls located adjacent to a sidewalk along a public street shall not exceed a height of two feet and the combined height of a fence where otherwise authorized and retaining wall shall not exceed a height of five feet, unless existing topography prohibits retaining walls of a lesser height. Retaining walls shall be from finished poured concrete or shall be faced with stone, brick or smooth stucco.

(Ord. dated 6/30/08 (part))