No part of an area or width required for a lot for the purpose of complying with the provisions of this Chapter shall be included as an area or width required for another building.

(Prior code 23-352; Ord. 10-14 §4, 2014)

No lot shall have a front line or street frontage of less than fifty (50) feet.

(Prior code 23-353; Ord. 10-14 §4, 2014)

The height limitations of this Chapter shall not apply to church spires, belfries, cupolas, penthouses, chimneys, ventilators, skylights, water tanks, parapet walls, cornices without windows, antennas or necessary mechanical appurtenances usually carried above the roof level.

(Prior code 23-354; Ord. 10-14 §4, 2014)

No part of a yard acquired for any building for the purpose of complying with the provisions of this Chapter shall be included as a yard for another building, and all yards shall be open and unobstructed except as otherwise provided herein.

(Prior code 23-356; Ord. 10-14 §4, 2014)

Cornices, canopies, eaves or similar architectural features may extend into a required yard not more than two (2) feet.

(Prior code 23-357; Ord. 10-14 §4, 2014)

For all residential uses, the side yard along the street side of a reversed corner lot shall be not less than the required front yard for principal buildings along such a side street.

_____

(Prior code 23-358; Ord. 10-14 §4, 2014)

(a)

All off-street parking lots or areas and all driveways accessing City streets located or improved on or after the effective date of the ordinance enacting Section 16-22-80 below shall be paved according to the specifications, requirements and limitations therefor, as set forth in said Section 16-22-80. No vehicle shall be parked in any such lot or area unless it meets such specifications.

(b)

As used in this Section and Section 16-22-80 below, the following terms shall have the following meanings:

Collector streets means 20th Avenue, 26th Avenue, 29th Avenue and Pierce Street.

Local streets means all other streets within the City that are not designated as collector streets pursuant to this Subsection.

Vehicle means any vehicle defined as a "motor vehicle" in the Model Traffic Code as adopted or amended from time to time by the City and, in addition, means any wheeled trailer without motive power which is designed to be drawn by such a motor vehicle.

(c)

No person shall construct a new off-street parking area or driveway access or improve an existing off-street parking area or driveway access on any lot used for residential purposes until such person has obtained a permit for the same from the City pursuant to this Section. For purposes of this Subsection, improve does not include routine maintenance of a parking area or driveway that does not alter the footprint of said area nor alter the material from which the area is constructed. Resealing or coating existing material shall not be considered an alteration of such material. The permit required by this Section is in addition to any other permit or approval required by this Code or by other applicable law for the project.

(1)

All persons wishing to construct or improve an off-street parking area or driveway access within the City must file with the City Clerk an application on the form provided describing the proposed location of and materials to be used for such area. The application shall be accompanied by a nonrefundable fee in an amount as set forth in the Fee Schedule adopted by the City Council from time to time. The applicant may be required to submit such additional information, drawings or documents as necessary to determine whether the project satisfies the requirements of this Code.

(2)

No permit shall be issued for a proposed off-street parking area or driveway that fails to meet the standards and requirements of Section 16-22-80 below.

(3)

Administrative review and approval. The application shall be reviewed by the City Manager and may be approved if the City Manager finds that the application complies with this Code. Appeals of any decision made by the City Manager may be made to the Board of Adjustment pursuant to Article 24 of this Chapter.

(d)

The purpose and intent of this Section and Section 16-22-80 below is to establish standards and a review process for the construction and improvement of driveway accesses and off-street parking areas within residential areas of the City to mitigate the potential adverse impacts such areas may have on adjacent properties, water quality and drainage facilities and to promote safe vehicular and pedestrian travel in and around such areas and their intersections with City streets.

(Prior code 23-306; Ord. 08-12 §3, 2012; Ord. 10-14 §4, 2014)

(a)

Number and location of driveway accesses. No lot within the R-A, R-B, R-1 or R-2 zone district that is used for residential purposes shall have more than three (3) driveway accesses on a corner lot or more than two (2) driveway accesses on any other lot, nor more than one (1) such access from the front lot line, and one (1) such access from either the side lot line or the rear lot line. The width of any driveway access from a front or side lot line shall not be less than twelve (12) feet nor greater than twenty (20) feet. A driveway access from the rear lot line may be any width so long as it otherwise complies with this Subsection. The length of any driveway access from the front lot line shall not be less than twenty (20) feet as measured from the edge of the sidewalk furthest from the street to the termination of the driveway. A driveway access from the front or rear lot line may not be located less than five (5) feet from the nearest side lot line at any point of such access. A driveway access may not be located less than four (4) feet from any utility nor less than five (5) feet from the downstream edge of any curb inlet drainage facility nor less than ten (10) feet from the upstream edge of such drainage facility. All new and relocated driveway accesses to local and collector streets must use either an existing curb cut or construct a new curb cut. Any new curb cut shall comply with the requirements of this Code.

(b)

Surface of driveways and parking areas - front and side yards. Every part of each driveway, parking area and any other part of any lot used for the travel or parking of any vehicle that is within the front yard or side yard of such lot shall be improved with a solid surface made of asphalt, concrete or pavers. For purposes of this Subsection, the term asphalt shall not include recycled asphalt.

(c)

Surface of driveway and parking areas - rear yards. Every part of each driveway, parking area and any other part of any lot used for the travel or parking of any vehicle that is within the rear yard of such lot shall be improved with either: (1) a solid surface made of asphalt, concrete or pavers; or (2) a pervious surface of gravel which shall be installed at a depth of no less than six (6) inches. For purposes of this Subsection, the term asphalt shall include recycled asphalt.

(d)

Corner clearance. Corner clearance is the minimum required distance between the nearest point of a driveway access and the flow line of the street that intersects the street on which the driveway access is located. For each lot used for purposes of a single-family dwelling unit or multiple-family dwelling unit, the corner clearance shall be not less than thirty (30) feet on a local street nor less than fifty (50) feet on a collector street.

(e)

Parking area coverage and prohibition. Except for a driveway that does not exceed the maximum width of a driveway access under Subsection (a) above, no lot within any residential district that is used for residential purposes shall have any parking area within the front yard or side yard. On any such lot, a parking area within the rear yard shall not exceed twenty percent (20%) of the total lot area.

(Ord. 08-12 §4, 2012; Ord. 10-14 §4, 2014; Ord. 2018-14 §2, 2018)

(a)

No pawnshop shall be established, operated or maintained within one thousand five hundred (1,500) feet of any public or private school, including, without limitation, a preschool, daycare center or elementary, secondary or high school; provided, however, that this provision shall not apply to those pawnshops established, operated and maintained as of the effective date of this requirement in their present locations and within their present configurations. Said one-thousand-five-hundred-foot distance shall be measured directly and horizontally from the property line of the school and the property line of the pawnshop.

(b)

No pawnshop shall be any closer in distance than one thousand five hundred (1,500) feet from any other established, operated or maintained pawnshop; provided, however, that this provision shall not apply to those pawnshops established, operated and maintained as of the effective date of this requirement in their present locations and within their present configurations. Said one-thousand-five-hundred-foot distance shall be measured directly and horizontally from the property line of the existing pawnshop to the property line of the proposed pawnshop.

(Ord. 10-14 §4, 2014)

(a)

No sexually oriented business shall be established, operated or maintained within one thousand (1,000) feet of any public or private school, including without limitation, a preschool, day care center or elementary, secondary or high school. Said one-thousand-foot distance shall be measured directly and horizontally from the property line of the school and the property line of the sexually oriented business.

(b)

Any sexually oriented business shall not be any closer in distance than one thousand (1,000) feet from any other sexually oriented business. Said one-thousand-foot distance shall be measured directly and horizontally from the property line of the existing sexually oriented business to the property line of the proposed sexually oriented business.

(Ord. 10-14 §4, 2014; Ord. 2017-14 § 1, 2017; Ord. 2018-14 §3, 2018)

(a)

No deferred deposit lender establishment shall be established, operated or maintained within five hundred (500) feet of any bank, savings and loan association, credit union, church or public or private school, including, without limitation, any preschool, daycare center or elementary, secondary or high school.

(b)

No deferred deposit lender business shall be established, operated or maintained within one thousand (1,000) feet of any existing deferred lender establishment.

(c)

For purposes of determining the minimum distance separation required herein, the measurement shall be made by following a straight line from the outer property line of the property on which the deferred deposit lender establishment is located to the nearest outer property line of the property on which the bank, savings and loan association, credit union, church, school or other deferred deposit lender establishment is located.

(Ord. 10-14 §4, 2014)