The Supplemental Site Development Regulations establish basic requirements for developable lots, including frontage requirements. They recognize the existence of special conditions that cannot comply literally with the site development regulations set out for each zoning district. Therefore, these regulations qualify or modify the district regulations of this ordinance and provide for specific areas of exception.

   Except as permitted below, any lot used in whole or part for residential purposes shall provide a minimum frontage of 20 feet along at least one public street, or shall possess an exclusive, uninterrupted private easement of access or right of way of at least 20 feet wide to a public street. There shall not be more than one single-family housing unit for such frontage or easement. A common easement of access at least 40 feet in width may be provided for two or more single-family units or for one or more duplex, two-family, townhouse, or multiple-family housing units.

   In any district permitting residential use types, a single-family use type may be located on any lot or plot of official record but nonconforming in size as of the effective date of this ordinance, regardless of its area or width.

      1.   Lots Adjoining Alleys. In calculating the depth of a required side or rear yard setback for a lot adjoining a dedicated public alley, one-half of the alley may be credited as a portion of the yard. However, no residential structure may be nearer than five feet to the near side of the alley.

      2.   Encroachments on Required Yards. Every part of a required yard shall be open and unobstructed from finished grade upward, except as specified herein.

         A.   Architectural projections, including roofs that cover porches, enclosed porches, window sills, belt courses, cornices, eaves, flues and chimneys, and ornamental features may project two feet into a required yard.

         B.   Terraces, patios, uncovered decks, and ornamental features that have no structural element more than three feet above or below the adjacent ground level may project six feet into a required front yard. However, all such projections must be set back at least three feet from an adjacent side lot line; or 15 feet from any street property line.

         C.   Fire escapes, fireproof outside stairways, and balconies opening to fire towers may project a maximum of 3 feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings.

         D.   For buildings constructed upon a front property line, a cornice may project into public right-of-way, unless such property is constructed on a State or Federal Highway. Maximum projection is the smaller of four feet or five percent of the right-of-way width.

         E.   In commercial districts, a canopy may extend into a required front yard, provided that the canopy is set back at least five feet from the front property line, covers less than fifteen percent of the area of the required front yard, and has a vertical clearance of at least eight feet six inches.

         F.   Swimming pools shall be subject to the same location and setback requirements as accessory buildings.

         G.   Lamp posts with a maximum height of ten (10) feet, and flag poles up to maximum height of base district may be located within required yards, provided they are set back at least five (5) feet from property lines. The spread of a flag when fully extended shall not extend onto public right-of-way.

         H.   Garage Setbacks: Any garage that fronts on a public street must be set back at least 20 feet from such street, regardless of the setback requirement within the zoning district. This shall not be interpreted to waive a larger required minimum setback required by the zoning district.

      3.   Setbacks on Arterial Streets. Notwithstanding any other provision of this ordinance, the City may require a setback for all buildings built or altered, or off-street parking areas developed along a State or Federally designated highway that exceeds those normally required for the zoning district. Lots of record under five acres in size; lots of record duly platted and approved prior to the effective date of this ordinance, or where a properly dedicated and accepted frontage road right-of-way exists are exempt from these provisions and are instead subject to the setback requirements of their respective zoning district.

      4.   Setback Adjustments.

         A.   Setbacks on Built-Up Blockfaces. These provisions apply if thirty percent or more of the buildings on that blockface have front yard setbacks different from those required for the specific district.

            (1)   If a building is to be built on a parcel of land within 100 feet of existing buildings on both sides, the minimum front yard shall be the mean front yard setbacks of the adjacent buildings.

            (2)   If a building is to be built on a parcel of land within 100 feet of an existing building on one side only, the minimum front yard shall be the front yard setback of the adjacent building.

            (3)   If a building is to be built on a parcel of land not within 100 feet of an existing building on either side, then the minimum front yard shall be the mean front yard setback of all existing buildings on the blockface.

            (4)   No setback adjustment pursuant to this section shall create a required front yard setback more than five feet greater than that otherwise required by the applicable zoning district.

         B.   Corner Lots.

            (1)   Required setbacks shall not reduce the buildable width of any corner lot to less than 25 feet. Appropriate setback adjustments shall be allowed to maintain this minimum width.

            (2)   No setback adjustment shall permit encroachment into the vision clearance triangle.

      5.   Double Frontage Lots. Residentially zoned double frontage lots on a major street, and with no access to that street may have a 25-foot minimum front yard setback along said street. All other double frontage lots must provide full front yard setbacks from each adjacent street.

      6.   Adjustment of Setbacks and Lot Area for Partial Takings.

         A.   If a portion of a lot is conveyed to the state, the city, or any other political subdivision of the state through condemnation or under threat of condemnation, and the conveyance results in a structure or use of a structure upon the remaining lot becoming nonconforming or more nonconforming with a required yard or minimum lot area, then notwithstanding the limitations set forth in Chapter 174, if such structure is thereafter damaged to any extent or is totally destroyed by any means, the structure may be repaired, restored, or rebuilt to its prior condition, if all of the following conditions are satisfied:

            (1)   The nonconformity was created by the conveyance through condemnation or under threat of condemnation;

            (2)   Appropriate relief is obtained from the board of adjustment for any nonconformity with the applicable zoning requirements, to the extent that such nonconformity preexisted such condemnation or conveyance;

            (3)   The repair, restoration or rebuilding of the structure does not create any additional nonconformity of the structure beyond that originally created by such conveyance or allowed by any relief granted by the board of adjustment;

            (4)   The repair, restoration, or rebuilding is commenced within six months of such damage under authority of a building permit and is diligently pursued to completion; and,

            (5)   One of the following conditions are satisfied:

               a.   The acquisition document for such conveyance contains language stating substantially as follows: "The provisions of Section _______ of the City of Denison Zoning Ordinance shall apply to this acquisition"; or

               b.   The zoning enforcement officer determines that the circumstances of such conveyance affirmatively support a finding that any resulting nonconformities with the required yards or minimum lot area were not considered in determining the compensation paid for such conveyance.

         B.   If a portion of a lot is conveyed to the state, the city, or any other political subdivision of the state through condemnation or under threat of condemnation, and the conveyance results in a single-family dwelling upon the remaining lot becoming nonconforming or more nonconforming with a required yard or minimum lot area, then the remaining lot shall be treated the same as a lot of record existing as of the effective date of this ordinance, for the purposes of applying the provisions in Section 170.03 regarding the construction of a single family detached dwelling.

         C.   Any adjustment to the minimum lot area made under authority of this section shall automatically lapse in the event the lot is joined with other adjoining land under common ownership that collectively satisfy the applicable minimum lot area.

         D.   Any adjustment to a required yard made under authority of this section shall automatically lapse in the event the lot is joined with other adjoining land under common ownership that collectively satisfy the applicable minimum required yard.

      7.   Satellite Antennas.

         A.   Antennas with a surface area over 6.3 square feet which are accessory to a primary use and are designed to receive and transmit electromagnetic signals, or to receive signals from satellites, shall not be located within any front yard of the primary use.

         B.   Antennas with a surface area of over 6.3 square feet are subject to the following additional regulations:

            (1)   Such antennas shall be located no less than ten feet from the property line of an adjacent property line.

            (2)   The maximum height shall be 15 feet and the maximum diameter shall be 11 feet.

            (3)   Each antenna shall be screened by a six foot high wood or masonry fence, or by natural plants or trees of equal minimum height.

      8.   Vision Clearance Zones. Except in the CBD District, no structure or obstruction, including fences, walls, or landscape materials, shall be built to a height of between 24 inches and 10 feet above the established curb grade on the part of the lot within a vision clearance zone. The vision clearance zone shall be a triangle defined by:

         A.   20 feet back from the intersection of curb lines and right-of-way edges of alleys.

         B.   75 feet from the intersection of the centerlines of intersecting local streets.

         C.   90 feet from the intersection of the centerlines of intersecting collector or arterial streets.

      1.   Setbacks and Setback Flexibility. Accessory buildings are subject to all site development regulations of its zoning district, except as provided below:

         A.   Side Yards. An accessory building may be located a minimum of five feet from the side lot line of the property if it is located in an area from six feet behind the rear building line of the principal building to the rear property line and is under 15 feet in height. An additional one foot setback is required for every two feet above 15 feet in height, up to the minimum requirements of the zoning district.

(Ord. 1390 - Nov. 10 Supp.)

         B.   Front Yards. No accessory building may be located between the front building line of the principal building and the front property line.

         C.   Rear Yard. The minimum rear yard setback for accessory buildings shall be 5 feet. Double-frontage lots shall require front-yard setbacks along both street frontages as required by the individual zoning district. No accessory building shall be located within any easement or right-of-way along the rear property line.

         D.   Street Yards. No accessory building shall be located within 20 feet from any street right-of-way line.

         E.   Garage Setbacks. Any garage that fronts on a public street must be set back at least 20 feet from such street, regardless of the setback requirement within the zoning district. This shall not be interpreted to waive a larger required minimum setback required by the zoning district.

      2.   Maximum Size of Residential Accessory Buildings. The maximum size of a detached garage for a single-family detached, single-family attached, or duplex residential uses shall not exceed the larger of 720 square feet, or 25% of the building coverage of the main residential structure. A detached garage may exceed these maximums subject to approval of a Special Use Permit.

      3.   Height of Accessory Buildings. In residential districts, the maximum height shall be 16 feet for any accessory building. Maximum height for a detached garage and/or other accessory building in an AG or RR District shall be 20 feet.

      4.   Architectural Requirements for Detached Garages.

         A.   Exterior building materials and architectural designs used for detached garages for single-family detached, single-family attached or duplex residential structures shall be comparable to, or similar to, or architecturally harmonious with, the existing main residential structure.

         B.   Exterior materials shall be non-reflective and shall be of a color, material, and scale comparable to existing residential structures in the immediate area. Permanent siding shall be, or simulate, wood, wood shingles, brick, masonry, or tile. The roof shall be pitched with a minimum vertical rise of 3 inches for each 12 inches of horizontal run. Roof construction shall be of non-reflective materials which either are or simulate the appearance of asphalt, wood shingles, tile, or rock.

      5.   Other Requirements for Accessory Buildings: Physical Separation, Effects on Other Properties, Hazards, and Sequencing of Construction.

         A.   Separation from Other Buildings. No accessory building shall be placed within five feet of any other building on its own property.

         B.   Attached Accessory Buildings. Any accessory building physically attached to the principal building shall be considered part of the principal building and subject to the development regulations of its zoning district, except as modified in this section.

         C.   Effect on Adjacent Properties. If an adjacent lot is built upon, the accessory building must be entirely to the rear of the line of any principal building on such adjacent lot.

         D.   Hazards. Any accessory use that creates a potential fire hazard shall be located a minimum of 10 feet from any residential structure. Such uses include but are not limited to detached fireplaces, barbecue ovens, or storage of flammable materials.

         E.   No accessory building shall be built upon any lot until construction of the principal residence has begun.

   These provisions allow exceptions to the height limit of any zoning district in certain situations.

      1.   Vertical Projections.

         A.   Chimneys, cooling towers, building mechanical equipment, elevator bulkheads, fire towers, grain elevators, non-parabolic receiving antennas, tanks, solariums, steeples, penthouses not exceeding 25 percent of total roof area, flag poles, stage towers or scenery lofts, and water towers may be built to any height in accordance with existing and future ordinances.

         B.   Any such equipment or vertical projections attached to a building and exceeding the height limit shall be screened to prevent visibility from public right-of-way or adjacent property using materials or design features that are consistent with the overall design of the main building.

         C.   No such projection may be built which in the event of failure could constitute a hazard or fall onto either public right-of-way or property, or another private property

      2    Civic Buildings. Buildings housing civic use types may be built to a maximum height of 60 feet. Such buildings located in residential districts shall be set back one foot in addition to required setbacks from each property line for each foot of height over the maximum height of the zoning district.

      3.   Special Use Permit Approvals. The City Council, following the recommendation of the Planning Commission, may grant an exception from the height limit for a zoning district for a Special Use as part of its approval of that use. The limit or extent of this exception shall be a specific part of the Special Use Permit.

      4.   Coverage and Landscaping Requirements. Individual lots in an innovative development are exempt from maximum building and impervious coverage limitations and street yard landscaping requirements established for the zoning district. However, the subdivision as a whole, including streets, walks, and access ways, must comply with the building and impervious coverage regulations for its zoning district.

      1.   Location Restriction.

         A.   Unless otherwise provided by this ordinance or other sections of the Denison Code of Ordinances, no fence shall be built on any lot or tract outside the surveyed lot lines.

         B.   No fence shall be built by a private party on public land without the specific prior approval of the City. Removal of any such fence shall be at the expense of its owner.

      2.   Applicability. The regulations contained in this section apply to all fences with a height above grade of 30 inches and over.

      3.   Sight Obstruction at Street Intersections. No fence or hedge permitted or required by this section or other sections of the Denison Code of Ordinances shall be built to a height of more than two feet above the established curb grade on the part of the lot within a vision clearance zone.

      4.   Facing. The finished surfaces of any fence shall face toward adjacent properties and street frontage.

      5.   Effect on Adjacent Properties and Drainage. Fences shall be erected and maintained so as to avoid limiting or obstructing the flow of water in natural drainage courses, or drainage ways created within easements.

      6.   Fence Construction on Utility Easements. Any fence erected on a tract of land subject to an easement for the construction, maintenance, operations, or replacement of any water, sanitary or storm sewer, gas line, electric power, telephone, or other utility poles, or other cables or lines shall be designed and constructed to be readily removable to permit the use of the easement. Such fences shall be subject to removal by request whenever necessary to permit access. The cost of removal or replacement shall be the responsibility of the owner of the fence.

      7.   Residential Fences. Fences constructed within residential districts or on land used for residential purposes are subject to the following provisions.

         A.   Height. The maximum height of a fence shall be 72 inches. This height limit does not apply to supports, posts, or attached ornaments. The maximum height for any fence outside of a required front yard shall be six feet. The maximum height of a fence in a front yard shall be four (4) feet.

         B.   Setbacks. All residential fences in front yards shall be a minimum of two feet behind adjacent sidewalks.

         C.   Materials. Fences shall be constructed of wood, PVC / resin, stone or masonry materials, or ornamental metals only. Notwithstanding the preceding, chain-link fences shall be permitted in rear yards, side yards, and street side yards, but shall not be erected or constructed in front yards. Wood fences shall utilize standard building lumber only. Barbed wire and/or electrified fences are not permitted, and are defined as any fence that includes in its material barbs, blades, razors, electric current or other features specifically designed to injure or abrade an individual or animal who attempts to negotiate the fence. Wire mesh fences may be permitted to enclose tennis courts and game and recreation areas on public land and residential lots.

         D.   No fence shall be erected on a lot unless the lot owner receives a building permit to erect the fence. Prior to the issuance of a building permit to erect the fence, the applicant shall pay to the City Clerk a fee in the amount provided by the Denison Schedule of Civil Penalties and Fees in the Appendix of this Code of Ordinances. No building permit shall be issued unless the application satisfies, in addition to all other requirements of the city code, one of the following requirements:

            (1)   Contains the written consent of the lot owners owning property adjacent to the area where the applicant proposes to erect the fence; or,

            (2)   Attaches a copy of a land survey conducted by a certified land surveyor which surveys the area where the applicant proposes to erect the fence.

      8.   Civic, Office, Commercial, and Industrial Fences. Fences constructed in commercial and industrial districts are subject to the following special provisions:

         A.   The maximum height of a fence for any permitted use in any non-residential zoning district shall be eight feet.

         B.   Civic Uses in Residential Districts. The maximum height of fences installed as part of primary and secondary educational facilities, day care, and park and recreation use types, or any other use that provides secured outdoor space for the use of children within residential zoning districts shall be eight feet.

         C.   The Board of Adjustments may approve greater fence heights on a case-by-case basis if it concludes that such permission furthers the health, safety, and welfare of the residents of the City.

         D.   Barbed wire shall not be used in the construction of any fence outside of the I-2 General Industrial Zoning District. Barbed wire may be used in the construction of fencing in an industrial district provided that the bottom strand of the barbed wire shall be at least six feet above ground level. Electrified fences are not permitted within the jurisdiction of the City.

   Denial, revocations, or cancellations of a building permit based on the provisions of this chapter may be appealed to the Board of Adjustment, as set forth in Section 174.09.

(Chapter 170 - Ord. 1374 – May 10 Supp.)