Buildings located in commercial or industrial districts which are designed for or used for both residential purposes and commercial and/or industrial purposes must comply with the yard and open space requirements of the R-3 residence districts if 50 percent or more of the total floor area of the building is used for dwelling purposes. If less than 50 percent of the floor area of such a building is used for dwelling purposes, then the building will comply with the area and open space requirements of non-residential buildings in the district.

(Ord. of 7-23-90)

14.02.1 The height limitations of this ordinance shall not apply to:

14.02.2 Except as otherwise provided in this ordinance, accessory buildings or structures permitted in a required rear or side yard by this ordinance shall not exceed the height of the principal structure to which it is accessory and in no case shall exceed 16 feet unless a variance is approved by the board of aldermen after a recommendation by the zoning commission.

14.02.3 Roof-mounted mechanical equipment, either screened or completely enclosed, shall be excepted from the height limitation if the enclosure (or enclosures) does not occupy more than 30 per cent of the roof area and does not extend more than 12 feet above the roof upon which it is located.

14.02.4 Any structure that is proposed to exceed the height limits imposed by provisions of this ordinance may be permitted by a variance, provided it is determined that:

1.

Adequate fire protection and other safety features are to be provided.

2.

The height and bulk of the structure will not destroy a scenic or other appropriate view, nor will it shut off light and air from surrounding properties, or otherwise be detrimental to the public welfare; and

3.

The proposed structure will have setbacks equal to or greater than the height, and the distance between any two principal buildings must be no less than one-half the sum of the heights of the two structures.

(Ord. of 7-23-90; Ord. No. 13-01, art. I, 2-5-13)

14.03.1 Every part of a required yard shall be open to the sky, except where accessory buildings are permitted in a rear or side yard and except for the ordinary projection of sill, belt courses, cornices, and ornamental features projecting not more than 18 inches; however, a roof, gutter, or eave may project to the extent of four feet into a required side yard if a minimum distance of three feet between the projection and the property line remains open to the sky.

14.03.2 A canopy attached to a building with no other support may project into a required side yard provided that this projection is at least three feet from the nearest side lot line. Also, canopies may be located in required front or side yards adjacent to streets on lots occupied by churches, schools, hospitals, clinics, funeral parlors, hotels, public buildings, and institutions of philanthropic, educational, religious, or charitable nature. Such canopies may be supported by other means than the building.

Movable awnings may be placed over doors or windows in any required yard, but such awnings shall not project closer than three feet to any side or rear lot line.

14.03.3 Where a lot is located at the intersection of two or more streets, the required side yard fronting the side street need not exceed the average front yard of lots fronting the side street within 500 feet of the street intersection. In no case can the side yard be less than ten feet or conform to visual requirements as defined in section 2.06, whichever is more stringent. In addition, the buildable width of a lot of record at the time of passage of these regulations shall not be reduced to less than 24 feet.

14.03.4 Open, unenclosed porches, raised platforms or raised paved terraces not covered by a roof or canopy, and which do not extend above the level of the first floor of a building, may extend or project into the front or side yard not more than ten feet.

14.03.5 Except as otherwise provided in these regulations, on through lots or lots with double frontage, the required front yard shall be provided on each street.

14.03.6 Where a side or rear yard(s) is not required, but is provided, such yard(s) shall not be less than three feet in width paralleling the side lot lines, unless structures within adjacent lots are designed to be joined at the property line.

14.03.7 Where a right-of-way has been established by the city planning commission for the future widening or opening of a street upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the building line.

(Ord. of 7-23-90)

14.04.1 Except as hereinafter provided (for a corner lot see section 14.0, paragraph 3) any accessory building may be built in a required side yard if no part of such accessory building is less than five feet from any side and rear lot line and no portion of such building is located in the required front yard.

14.04.2 A carport, attached to or detached from the main building, may be constructed in a required side yard and may be attached to an enclosed accessory building provided that no wall of such accessory building is less than 40 feet from the front lot line nor less than five feet from the side lot line; that every part of the projection of such carport is at least three feet from the side lot line; that the combined length of such carport and accessory buildings does not exceed 40 feet; and that the height of such carport or accessory building does not exceed the height of the principal or main building or structure, but no more than 16 feet in height. A carport attached to the main building shall be unenclosed on the street side and on both sides approximately paralleling the side lot line. A carport allowed under this paragraph shall be maintained perpetually unenclosed as required, unless a variance is granted by the board of aldermen after a recommendation by the zoning commission.

14.04.3 No accessory structure shall be constructed by any lot prior to the time of construction of the principal structure to which it is accessory.

14.04.4 The combined gross area of all accessory buildings or portions thereof located in required side and rear yards shall not exceed 40 percent of the required rear yard area, nor shall more than one accessory building cover any part of a required side yard. The exception is that 100 percent of the required rear yard area may be used in a commercial district for a covered and enclosed off-street parking structure provided that accessory buildings are not built on the side or rear lot lines, and shall not be located closer than three feet from either side or rear lot line.

14.04.5 On corner lots where a side yard or a front yard on a side street is required, there shall be a minimum distance between any accessory building and the side street line not less than the requirements in section 14.03. Furthermore, where a lot adjoining the rear of a corner lot fronts on the side street, no part of any accessory building on the corner lot within 15 feet of the common lot line shall project beyond the prolongation of the front yard line of the lot in the rear, provided, however, that this limitation shall not reduce the length of the buildable area of the accessory building to less than 20 feet. In cases where the determination of the side yard can be established through other sections of this ordinance, the more restrictive criteria shall apply.

14.04.6 Filing station pumps and pump islands, without canopies or with canopies attached to a main building, may occupy the required yards; provided, however, that pumps, pump islands, and canopies are not less than 15 feet from street right-of-way lines.

14.04.7 Accessory swimming pools, open and unenclosed, may occupy a required rear or side yard provided they are not located closer than six feet to a rear lot or ten feet to an interior side lot line. A walk space at least three feet wide shall be provided between pool walls. Every swimming pool shall be protected by a safety fence which shall be no less than six feet high.

14.04.8 Permitted accessory storage of a boat or boat trailer shall not be conducted in a required front yard.

14.04.9 Power plants, heating or refrigerating plants or apparatus or machinery not a part of the main building and when accessory to be permitted in the buildable area or required side or rear yards only when so placed and operated as to cause the least inconvenience to owners and tenants of adjoining lots and buildings; and provided that all of the above-mentioned activities comply with existing ordinances and do not cause serious annoyance or injury to occupants of adjoining premises by reason of the emission of odors, fumes, or gases, dust, smoke, noise or vibration, light, glare, or other nuisances.

14.04.10 Temporary buildings, used in connection with construction work only, may be located in any district during the period of construction, but such temporary buildings shall be removed upon completion of such construction work.

(Ord. of 7-23-90; Ord. No. 13-01, art. I, 2-5-13)

14.05.1

More than one main institutional, public, semi-public, commercial or industrial building may be located upon a lot or tract of record, provided that no such building or portion thereof is located outside the buildable area of the lot.

14.05.2

For the purpose of the side yard and lot frontage regulations, a two-family, three-family, or four-family dwelling, a group of town houses, a multiple-family dwelling, electric substation, telephone exchanges, or telephone repeater structures for public utility purposes shall be considered as one building occupying one lot.

14.05.3

Fences.

14.05.3.1 Permit required. Before commencing construction on any type of fence, whether residential, commercial or industrial, a permit issued under chapter 22 of this Code shall be obtained from the building official.

14.05.3.2 Fence and height restrictions. Notwithstanding any subdivision or development restrictions, a fence, wall or hedge not more than eight feet in height may project into or enclose any required front or side yard provided, however, that no fence, shrubbery, or obstruction of any type shall be permitted into required front yards less than 20 feet of any street right-of-way or property line. Furthermore, on corner lots, no fence, shrubbery, or obstruction shall be permitted into required front and side yards, with a triangular area as defined by Section 2.06. Fences, walls, or hedges may project into or enclose other required yards provided such fences, walls, or hedges do not exceed a height of eight feet.

14.05.3.3 Fence construction materials. Fences must be constructed with wood, chain link, masonry, wrought iron or other like materials. No barbed wire or other hazardous material shall be used in fence construction, except that commercial or industrial fences may be permitted to contain security wire on the top part of the fence. No electrified fences shall be permitted.

14.05.3.4 Fence height defined. Height shall be measured from the ground, at a point where the fence makes contact with the ground, to the highest part of the fence. But, a fence which is constructed with standard eight foot boards must be built so that three-fourths of the fence shall be no higher than a maximum of two inches off the ground.

14.05.3.5 Exceptions.

1.

Notwithstanding section 14.05.3.2, fence heights greater than eight feet will be permitted in the following circumstances:

a.

Decorative posts, post lights, columns, column decorations, gates and the like which are integral parts of an eight-foot fence may extend higher than eight feet but shall not exceed a height of ten feet.

b.

Fence heights up to ten feet will be permitted along a boundary between a residential district and a commercial or industrial district. Permit applications for fences ten feet in height must be accompanied by drawings signed and stamped by a professional of record.

c.

Fence heights up to ten feet will be permitted along a boundary between a residential property and a commercial property and along a boundary between commercial properties. The ten-foot height requirement between commercial properties may, in some cases, be extended by security wire pursuant to the commercial permit application. The allowance of an extension of a commercial property fence by security wire shall be determined by the building inspector on an individual basis. Permit applications for fences ten feet in height must be accompanied by drawings signed and stamped by a professional of record.

d.

A fence which has a height greater than eight feet which is already existing upon the effective date of this ordinance is exempt from these substantive amendments.

e.

Developers may apply for a blanket height variance to include an entire subdivision if desired.

14.05.3.6 Variances. For any other situation or circumstance not addressed by the planning and zoning or subdivision regulations nor itemized in this section, the property owner shall apply for a variance. Before being granted, variances must be considered on an individual basis and approved by the city council.

14.05.4

Existing railroads may continue to be operated and maintained irrespective of where located, but no new railroad line or their accessory structures may be erected in residential or commercial districts unless approved by the board of aldermen.

14.04.5

Satellite disks. Satellite disk antennas are accessory uses of a lot and thus may not interfere with the required side or front yards established by this ordinance. Disks shall be placed in a rear yard in residential districts and in residential uses of property. Front or rear yards may be used for disk placement in commercial and industrial zones.

(Ord. of 7-23-90; Ord. No. 04-34, art. I, 12-14-04; Ord. No. 18-08, 11-13-18)

Buffer zones shall be established between potentially conflicting uses and when it appears that a nuisance would be caused by locating a new business or industrial use adjacent to a conforming residential use.

14.06.1 The buffer zone shall be established by the party creating the nuisance and such buffer zone property provision shall be included in any transfer of deed when such property is sold or transferred.

Change in the use of such property shall not relieve the owner of the responsibility of maintaining the required buffer zone.

14.06.2 Buffer zones shall be maintained and kept clean and shall consist of the following:

1.

A six-foot high solid wooden, brick or masonry fence plus at least a five-foot wide strip of open space (not used for parking or other commercial activities) between the residential and commercial property lines.

Such open space shall have planted on it shrubs or trees that grow to at least eight feet in height, and that shall form a solid barrier when mature.

2.

If not fence is provided, the nuisance generating property shall provide at least a ten foot wide strip of open space between the property lines. Such space shall be used to grow shrubs or trees that shall grow to at least eight feet in height and that shall form a solid barrier when mature.

(Ord. of 7-23-90)

14.07.1 It shall be unlawful, within the limits of the city, for any person to park or locate any mobile home, occupied or unoccupied, on any street, alley, or highway, or other public place, or on any tract of land owned by any person, except as provided in this ordinance.

14.07.2 Emergency or temporary stopping or parking is permitted on any street, alley or highway for not longer than 24 hours subject to any other further prohibitions, regulations, or limitations imposed by the traffic and parking regulations or ordinances for that street, alley or highway.

14.07.3 Unoccupied mobile homes held for purpose of sale may be parked or located in duly licensed mobile home sales lots in districts not otherwise prohibited by law, provided that no mobile home sales or sales business shall be conducted in any mobile home park.

14.07.4 Occupied mobile homes are prohibited within the city, except for occupied mobile homes located on a duly authorized and approved mobile home park. See subsection 7.01.2.3.

14.07.5 Mobile homes and other non-conventional structures can be located in any zoning district, provided that they are necessary for and are used only as construction offices, material storage, etc., during periods of construction or improvements on the site, and provided that no one will be permitted to live therein, except as necessary for watchmen or guards, and provided that they be removed from the site when no longer needed for such purposes.

14.07.6 The use of mobile homes for commercial purposes such as offices, retail stores, etc., are prohibited. Modular structures designed and built for commercial use and in conformance with the City's Building Code and State's Life Safety Code (NFPA 101) and Fire Code is allowed after proper permits have been obtained from the City.

(Ord. of 7-23-90)

14.08.1 Commercial districts are districts in which retail, office and some residential uses can co-exist. In the older business section of the city, many of the buildings are constructed with common walls and no yard area affecting the types of activities and uses allowed, and which are non-nuisance generating.

14.08.2 Upper-story living may be permissible in commercially zoned (C-1, C-2, C-3 and C-4) sections of the city, including those residential over commercial uses within existing structures, provided that all building code (including the IBC, Chapter 4, live/work unit section and the IEBC) and fire code provisions are met. The dwelling unit shall be an integral part of the main building.

14.08.3 Proposed and existing upper story dwellings shall be inspected by the city building official. Plans shall be submitted to both the city building official and the office of the state fire marshal prior to an occupancy permit being issued. Permits shall be obtained from the city building official.

(Ord. No. 14-12, art. I, 10-14-14)