This chapter is adopted to regulate and restrict the location, height, and size of buildings hereafter erected or structurally altered, the size of yards and open spaces, and the density of population.

(Ord. 16653 § 2 (part), 2007)

The Table of Density and Dimensional Standards found in Appendix B, adopted in its entirety and incorporated herein by reference, sets forth the regulations for minimum zoning district areas, minimum lot sizes, densities and heights, required setbacks, and other general standards as applicable to specific zoning districts. Where calculation of cumulative yard setbacks is permitted, all the individual minimum yard requirements (front, rear and side) as well as the minimum cumulative requirements must be satisfied. The minimum yards, height limits and open spaces, including lot areas required by this chapter, shall not be encroached upon or considered as required yard or open space for any other building, nor shall any lot area or lot dimension be reduced below the requirements of this ordinance, except as hereinafter provided. Additional development standards for specific uses and special purpose districts are also found in Chapter 20.10 of this title. In case of a conflict, the more restrictive standard shall apply.

(Ord. 16761 § 1 (part), 2007; Ord. 16653 § 2 (part), 2007)

Height regulations as set forth in the Table of Density and Dimensional Standards — Appendix B, may be modified as follows:

A.

No new building may be erected or existing building increased in height in such a manner as to shade a solar heating or power facility licensed in the following manner:

1.

Where any building installs a heating, cooling or power system using sunlight as a power source sufficient to supply ten percent or more of the building's total energy requirement, the owner of the building may apply to the building official for a license for the system which the building official shall issue once satisfied that the system does supply the above minimum energy requirements.

2.

After issuance of the license, no building in adjacent areas may be erected to a height that will cast a shadow on the solar receiver components so licensed. In determining the permitted heights, the December 22nd arc and declination of the sun shall be used. Location of licensed solar power systems shall be shown on the zoning district maps.

B.

Public, semipublic or public service buildings, hospitals, institutions, or schools when permitted in a district, may be erected to a height not exceeding one hundred feet, and churches and temples may be erected to a height not exceeding seventy-five feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided in the zoning district in which the building is located.

C.

Church spires, belfries, monuments, tanks, water and fire towers, windmills, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, stacks, conveyors and flagpoles may exceed height limits if approved by the building official.

(Ord. 16653 § 2 (part), 2007)

A.

Yards Generally. More than one principal building may be located on a lot in the following instances, however, the provision of these exceptions shall not be construed to allow any building to be constructed outside the buildable area of the lot:

1.

Institutional buildings;

2.

Public or semipublic buildings;

3.

Multifamily dwellings or groups of single-family attached buildings;

4.

Commercial or industrial buildings;

5.

Homes for the elderly.

B.

Front yard regulations may be modified as follows:

1.

Where the frontage of a parcel of land is divided among districts with different front yards, the deepest front yard requirement shall apply to the entire frontage;

2.

Where forty percent or more of the lot frontage is occupied by two or more buildings, then the required front yard for a new structure is established in the following manner, except that a front yard in excess of district regulations shall not be required:

a.

Where the building farthermost from the street provides a front yard not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards.

b.

Where subsection a does not apply and a lot is within one hundred feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two adjacent buildings.

c.

Where neither subsection a or b apply and the lot is within one hundred feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.

d.

The above calculations shall only apply to those buildings providing the required rear yard;

3.

Gasoline and diesel or other fueling pump and pump islands may occupy required yards; provided, however, that they are not less than twelve feet from all lot lines. A freestanding canopy with support columns centered on the pump or pump island may encroach up to fifteen feet into the required front yard; provided, that it shall not extend closer than two feet to any lot line;

4.

On a dwelling or apartment site an unenclosed porch, carport or entranceway patio with a wall up to six feet high, each not more than one hundred fifty square feet in floor area may extend not more than ten feet into a required front yard. Chimney backs, bay windows, eaves and cornices may extend not more than thirty inches into the required front yard except that cornices and eaves of the main building may extend not more than four feet into the front yard;

5.

For apartment houses and other nonresidential structures only, a canopy or other sunshade over a walkway shall be permitted in the front yard or any yard abutting a street, even if wholly supported by attachment to the main structure, providing such canopy or sunshade is not otherwise enclosed. Columns or tiedown struts, if used, shall not be greater than three inches in diameter, and shall not be spaced closer than six feet apart on either side of the walkway. The canopy or sunshade may extend to within two feet of the property line.

D.

Right-of-Way Dedication Requirements. Whenever a new nonresidential building is erected or an existing residential building converted to a nonresidential use, no building or occupancy permit is to be issued until a determination is made by the traffic engineer as to the need for dedication of additional right-of-way in accordance with state law. If it is determined that additional right-of-way is needed, such shall be dedicated to public use prior to issuance of any building or occupancy permit.

E.

Side and rear yard regulations may be modified as follows:

1.

For residential buildings existing on or before August 1, 1979, carports may extend up to three feet into a required side yard, but only when screened by a masonry wall not less than five feet in height erected along the lot line. Carports that extend into the required side yard shall not be enclosed;

2.

Sills, eaves, belt courses, wing-walls at heights above six feet, window air conditioning units, chimney backs, bay windows, cornices and ornamental features may project a distance not to exceed twenty-four inches into a required side yard, and thirty inches into a required rear yard;

3.

Open fire escapes, fireproof outside stairways and balconies opening from fire towers, and the ordinary projections of chimneys and flues into a rear yard may project into a required yard for a distance of not more than three and one-half feet, when placed so as to not obstruct light and ventilation;

4.

Open, unenclosed porches that do not exceed one hundred eighty square feet in area may extend twelve feet into a required rear yard;

5.

Terraces which do not extend above the ground level and that do not exceed one hundred fifty square feet of floor area, with a wall up to six feet in height may project five feet into a required yard, provided these projections be located at least two feet from the adjacent lot line;

6.

Where an industrial tract abuts railroad property containing a spur track on the rear or side property line, a railroad loading dock, or the building itself, may extend to the property line for the purpose of receiving service from the railroad spur track;

7.

In the R-1, R-2 or R-2A districts where a residential property abuts a dedicated public right-of-way, other than a street right-of-way, owned by the city, the building may extend into the side yard to within five feet of the property line.

F.

Side street yard regulations may be modified as follows:

1.

For residential buildings existing on or before August 1, 1979, carports may extend to five feet into a required side street yard. Carports that extend into the required side street yard shall not be enclosed;

2.

Sills, eaves, belt courses, wing-walls at heights above six feet, window air conditioning units, chimney backs, bay windows, cornices and ornamental features may project a distance not to exceed twenty-four inches into a required side street yard;

3.

Accessory structures may extend up to five feet into a required side street yard.

(Ord. 16653 § 2 (part), 2007)

Density regulations may be modified in the following instances:

A.

Lot area per unit requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments;

B.

In any special use permit for a planned residential development, and in any instance where site plan approval is required in an RMH, PMD, SD, PR-I, PR-II or A-4 district for residential use, density regulations may be modified as follows:

The maximum number of permitted dwelling units as required in the district regulations may be increased:

1.

By five percent if twenty-five percent or more of the site is used for common open space;

2.

By five percent if one square foot or more of recreation area is provided for every five square feet of residential floor space; balconies, patios, atriums and clubrooms may be counted as recreation area;

3.

By five percent if one-half or more of the required parking is enclosed;

4.

By five percent if a panoramic view is provided for the living room of seventy-five percent or more of the dwelling units;

5.

By five percent if ten percent or more of the energy use is to be from solar power;

6.

By five percent if individual units are soundproofed in accordance with an impact noise rating (I.N.R.) of five or more as described in the publication "A Guide to Airborne, Impact, and Structure Borne Noise-Control in Multifamily Dwellings" by Berendt, Winzer, and Burroughs, US Department of Housing and Urban Development, US Printing Office 1967;

7.

By five percent if the area devoted to landscape planting is in excess of thirty-five percent of the site area.

The increase in permitted density resulting from application of the provisions of this subsection shall be limited to a total of thirty-five percent;

C.

Where the total floor area of a building is limited by a floor area ratio, the maximum floor area may be increased by four square feet of additional floor area for each square foot of landscaped open space on the lot above the minimum required by this Code. The maximum floor area may be increased by an additional one percent for each ten percent of the building's energy requirement that is provided by solar power.

(Ord. 16653 § 2 (part), 2007)

On any corner lot, within that area of a triangle (twenty-foot triangle) formed by the intersecting property lines and a diagonal line joining the property lines at points twenty feet from their intersection, the following conditions shall apply in any front yard, rear yard or both yards:

A.

It is unlawful for any person to place, construct or reconstruct any building or structure, including a fence or wall, on a corner lot if the top of such building or structure is more than three feet above the level of the centerline of the nearest abutting street, and such building or structure is within the above twenty-foot triangle; provided, this subsection shall not apply to a retaining wall necessary for the support of the lot, nor to a wall of a building when the building legally extends into such triangle;

B.

It is unlawful for any person to locate motor vehicles or motor vehicle parking spaces on a corner lot if the top of any motor vehicle parked there is more than three feet above the level of the centerline of the nearest abutting street, and such motor vehicles or motor vehicle parking space is within the above twenty-foot triangle;

C.

Where special conditions exist, or where practical difficulties in the development and adequate use of land would result from the literal enforcement of the terms of this section, the traffic engineer is authorized to grant a modification of the requirements set forth in this section; provided, that any such modifications so granted shall be in harmony with the general intent of this section, and consistent with the public interest, safety and general welfare. Approval of such modifications shall be in writing and shall set forth the specific details, special circumstances and/or conditions of the approval.

(Ord. 16653 § 2 (part), 2007)