5-1. The regulations set forth in this article or set forth elsewhere in this ordinance when referred to in this article are the regulations in the R-1 Single-Family Residence District.

5-2. Purpose. The purpose of this district is to provide for low-density, single-family residential development or compatible development on moderate-sized lots where water and sewer facilities are provided or are planned in the reasonable near future. The regulations of this district are intended to preserve and protect the character of existing lots improved with single-family dwellings and to permit compatible development. (Ord. No. 6-91, § 2, 1-15-91)

5-3. Use regulations. A building or premises shall be used only for the following purposes:

A.

One-family dwelling.

B.

Farming and truck gardening, provided that any structure or enclosure for the shelter of livestock or poultry shall be located not less than one hundred (100) feet from any street or lot line, and provided, further, that such use is not prohibited by other ordinances of the city.

C.

Publicly owned or operated park, playground or community building, museum, library or art gallery.

D.

Church or other place of worship or Sunday school.

E.

Public school, elementary and high or a private school having a curriculum the same as ordinarily given in a public school.

F.

Country club or golf course except miniature course or practice driving tee operated for commercial purposes.

G.

Home occupation.

H.

Existing railway right-of-way, not including switching, storage, freight years or sidings.

I.

Accessory building or use, including a private garage, storage shed, greenhouse or other aboveground accessory structure, shall not exceed one thousand two hundred (1,200) square feet in area or twenty (20) feet in height. No detached accessory building shall be closer than ten (10) feet to the main building or closer than six (6) feet to a rear lot line or three (3) feet to any side lot line. If the accessory building is attached to the main structure, said accessory building shall maintain the setbacks required of the main structure in the zoning district in which it is located. Accessory buildings shall not be used for the conduct of business or storage of a home occupation or for a commercial use. Accessory structures shall not occupy more than forty (40) percent of the rear yard. Aprons, patios, walks and driveways may occupy part or all of a rear yard.

J.

Swimming pools (above or inground) require a building permit and may occupy part or all of a rear yard but shall not be closer than six (6) feet to any lot line. Swimming pools shall be completely enclosed by a fence or other solid permanent barrier (natural or manmade) with a minimum height of four (4) feet. Razor wire, barb wire, electric, snow fencing, plywood, t-posts or other temporary fence materials are not allowed. Fence enclosures shall have self-closing, self-latching gates when gates are provided. A fence enclosure is not required if any of the following alternate means of safety protection are utilized. Failure to properly utilize and maintain any safety feature related to a swimming pool is considered a violation of this ordinance:

(1)

Above ground swimming pools with rigid sides placed so that the top of the wall is not less than 48 inches above ground level, an apron or deck for the entire perimeter of the swimming pool and the manufacturer allows the wall to serve as a barrier may be protected with a safety ladder as listed below. A safety ladder shall be labeled as listed below and at all times shall be properly maintained and used as provided by the manufacturer's recommendations:

(a)

Type A double access A-frame ladder with the following permanently posted on the ladder. "REMOVE AND SECURE LADDER WHEN POOL IS NOT OCCUPIED."

(b)

Type B limited access A-frame ladder with the following permanently posted on the ladder. "SECURE LADDER WHEN POOL IS NOT OCCUPIED."

(c)

Type B limited access A-frame ladder that utilizes a swing-up or slide-up section for limiting access to the pool with the appropriate language permanently posed on the ladder. "WHEN POOL IS NOT OCCUPIED, SWING UP AND SECURE", "WHEN POOL IS NOT OCCUPIED, LIFT OFF" or "WHEN POOL IS NOT OCCUPIED, SLIDE UP AND SECURE."

(2)

Swimming pools may be protected with a powered safety cover that complies with ASTM F 1346.

(3)

A spa or hot tub shall have a safety covered secured in place when not in use.

K.

Signs, provided said signs are in accordance with the requirements set forth in Article 24 of this Appendix B.

L.

Small community residence, provided:

(1)

The structure is located not less than 800 feet from another Community Residence; and

(2)

Prior to occupancy, a certificate of use and occupancy is applied for and obtained from the building official.

M.

Fences—General Regulations. Any fence constructed prior to November 1, 2020 which does not conform to the following use regulations and has not been granted a Variance by the Zoning Board of Appeals is considered Nonconforming and may not be extended or enlarged. A Nonconforming fence shall not be allowed to remain an encroachment upon street right of way or a sight distance issue. If an existing Nonconforming fence is replaced, the new fence shall conform to these regulations. Razor wire, barb wire, electric, snow fencing, plywood, t-posts or other temporary fence materials are not allowed. Fences shall be constructed to generally accepted construction standards and methods with fence section components attached to vertical supports (posts) to securely maintain a plumb and level position. Fences shall not be constructed on right of way and shall be a minimum of twenty (20) feet from the curb or edge of a roadway (as determined by the Director of Public Works) or a minimum of five (5') feet from a sidewalk, whichever is the greater distance from the roadway. For the purposes of this paragraph M, for a fence on a corner lot or a double frontage lot, the front yard is defined as the street frontage with the front or main entarnce to the residence with the other street frontage(s) considered a side yard for a corner lot or a rear yard for a double frontage lot. All fences shall comply with Article 22-2(C) of this Appendix B.

(1)

Front Yard—In any R District, a fence at a minimum height of three (3) feet to a maximum height of four (4) feet, as measured from the topmost point thereof to the ground or surface along the centerline of the fence is allowed in a front yard as defined herein. A front yard fence shall be an open style, not solid. Fence styles allowed are chain link (without slats), split rail, picket, post and rail or similar open styles.

(2)

Rear and Side Yards—In any R District, fences within the rear and side yards shall not exceed eight (8) feet in height as measured from the topmost point thereof to the ground or surface along the centerline of the fence and the fence may be an open or solid style.

N.

Utility Station—not allowed.

(Ord. No. 6-91, § 2, 1-15-91; Ord. No. 114-2017, § 6, 12-19-2017; Ord. No. 075-2020, §§ II—IV, 11-17-2020; Ord. No. 051-2021, §§ III, IV, 9-21-2021; Ord. No. 019-2022, § III, 3-15-2022)

5-4. Height and area regulations. The height and area regulations set forth in Articles 21 and 22 shall be observed.

5-5. Parking regulations. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Article 25.