Except as specifically provided elsewhere in this chapter, dwelling height and building density shall be not more than, and yards and lot size shall not be less than, are specified in the table below for the type of use in the district in which such use is located.

(1)

Residential district regulations. Development in residential districts shall conform to the following regulations:

Notes:

¹ Additional lot area may be required in circumstances where disposal of septic wastewater will be discharged through on-site waste treatment facilities (including septic systems) in order to meet the requirements of the city's ordinances.

² Single-family and two-family units require a minimum 25-foot front yard; multifamily residential and group living structures require a minimum 25-foot front yard. Lots which front on cul-de-sac streets and which are contiguous to lots which do not front onto cul-de-sac streets shall have their front yard measured from where they would normally be measured if the street did not terminate in a cul-de-sac but continued on its course. All other lots which front onto cul-de-sac streets shall have their front yard set back the same distance from the sidewalk or curb as established for those lots which front on cul-de-sac streets and which are contiguous to lots which do not front onto cul-de-sac streets. In no event, however, shall any residence have less than a 20-foot front yard setback, and in no event shall a residential garage have less than a 25-foot front setback.

³ Single-family and two-family units generally require a minimum side yard on both sides of the lesser of ten percent of lot width or 7.5 feet; apartment dwelling units or group homes require a minimum ten-foot side yard on both sides.

⁴ In all residential zones, on corner lots the minimum side yard adjacent to the street shall be 15 feet, provided further that in no case shall a garage fronting onto a street be within 20 feet of the front of the curb.

(2)

Yard requirements along district boundaries. Whenever a block face is intersected by a district boundary, all lots fronting on that block face shall conform to the minimum front yard requirements of the most restrictive district found on that block face.

(3)

Yard requirements for accessory structures. See section 38-115.

(4)

Yard determination by city administrator. Where a lot does not conform to typical lot and block configuration, the city administrator shall determine which lot lines shall be considered front, side and rear lot lines. In making this determination, the city administrator shall take into consideration the pattern of adjacent lots, as well as the frontage of lots across an intervening street. Building orientation or address shall not determine yard requirements.

(5)

Additional standards for front and side yards.

a.

Where, on the effective date of the ordinance from which this chapter is derived, 35 percent or more of a block face between intersecting streets is developed with buildings which have observed, with a variation of five feet or less, a front yard greater or lesser than required by this section, new buildings shall not be erected closer to the street right-of-way than the building line so established by those existing buildings. This regulation shall not be interpreted as requiring a minimum front yard of more than 50 feet.

b.

Where a building line is shown on a plat recorded with the county clerk, and such building line provides a front yard and/or side yard greater than required by this section and is part of a comprehensive plan for orderly development of a subdivision with either a uniform or staggered building line, no building shall be located more than five feet closer to the street right-of-way than the building line established on the plat, as long as other minimum setback standards of this section are met.

c.

For all uses in residential districts and for residential uses in any district, on a corner lot where another lot abutting the rear of that corner fronts onto a side street, there shall be a front yard required on all street side boundaries of that corner lot. The minimum front yard required along street side boundaries (of such corner lots) shall be equal to that minimally required on the interior lot which immediately adjoins each respective required front yard on the corner lot. For the purpose of this subsection, any separation by an alley, utility-owned right-of-way, watercourse or other drainage feature with a minimum width of ten feet shall cause nearby lots to not be abutting.

d.

Front lot line will be measured from the front setback line for lots that are located on a cul-de-sac, knuckle or an irregular shaped lot.

(6)

Flag lots prohibited. Flag lots are prohibited except when necessary to accommodate the function of hiding or concealing utility buildings and structures or radio, television or communication towers. Flag lots shall only be permitted when a variance is granted by the city council.

(7)

Frontage. Residential lots shall have a minimum frontage of 50 feet on a dedicated public or private street.

(8)

Area requirements. Area requirements for a single family residence are as follows:

a.

Minimum lot area:

1.

Internal: 5500 square feet.

2.

Corner: 6000 feet.

3.

Cul-de-sac: 50 feet at the construction setback line.

b.

Minimum frontage on public street:

1.

Internal: 55.

2.

Corner: 60.

c.

Minimum lot depth: 100 feet.

d.

Minimum depth of front setback: 25 feet.

e.

Minimum depth of rear setback: 20 percent of lot depth.

f.

Minimum width of side setback:

1.

Internal lot: The lesser of ten percent of the lot width or seven and one-half feet.

2.

Corner lot: 15 feet.

3.

The ordinary projection of roof overhangs, including eaves, cornices, gutters and downspouts, may project beyond a required setback line a distance of up to 36 inches. At no time, however, may such a projection extend to within five feet of any lot line.

g.

Maximum building coverage as a percentage of lot area: 50 percent.

h.

Maximum accessory building coverage of rear yard: 30 percent.

i.

Minimum living area shall be 1200 square feet or larger, excluding the typical square footage of a required detached or attached garage.

j.

Maximum height of structures: 30 feet or two and one-half stories, whichever is less.

(Ord. No. 11-09-06-03, art. 4, § 3, 11-9-2006; Ord. No. 12-12-2013-1, § 501, 12-12-2013; Ord. No. 4-18-2019-1, pt. 1, 4-18-2019; Ord. No. 07-16-2020-2, 7-16-2020)

Editor's note— Subsection (8) of this section was added post-recodification at the request of the city.

(a)

Residential uses in nonresidential districts. Within any nonresidential district, allowed residential uses shall conform to the residential bulk regulations regarding maximum floor area ratio, required yards and height that are most closely associated with the proposed type of residential use.

(b)

Nonresidential district bulk regulations. Except as specifically set forth elsewhere in this chapter, any nonresidential use in a nonresidential district shall conform to the following standards:

Note: For the purpose of this section, separation by an alley, utility-owned right-of-way, watercourse or other drainage feature with a minimum width of ten feet shall not be considered abutting.

(c)

Determination of yard requirements. Where a lot does not conform to the typical lot and block configuration, the city administrator shall determine which lot lines shall be considered front, side and rear lot lines. In making this determination, the city administrator shall take into account consideration of the pattern of adjacent lots, as well as frontage of lots across any intervening street. Addresses assigned to existing buildings shall not determine yard requirements.

(Ord. No. 12-12-2013-1, § 502, 12-12-2013)

(a)

Residential. Only one principal building for single-family or two-family residential use shall be located upon a lot in a commercial zoning district.

(b)

Nonresidential. More than one principal nonresidential building may be located on a lot, subject to the following requirements:

(1)

The principal buildings shall conform to all of the open space, parking and density requirements applicable to the district where they are located.

(2)

The city administrator shall review such projects to ensure an appropriate arrangement of buildings is proposed. Such review shall be subject to appeal to the zoning board of adjustment.

(Ord. No. 12-12-2013-1, § 503, 12-12-2013)

(a)

Types; when permitted. Outdoor storage and display shall be allowed in any nonresidential district in accordance with this section. Any merchandise, material or equipment situated outdoors shall be subject to the requirements of this section. For the purpose of this section, outdoor storage and display shall be broken down into three types, as follows:

(1)

Type 1,outdoor display. Type 1 outdoor display shall be allowed adjacent to a principal building wall and extending to a distance no greater than five feet from the wall. Such storage shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the building.

(2)

Type 2,limited outdoor storage. Type 2 limited outdoor storage shall not exceed 1,000 square feet or ten percent of the total site area (whichever is greater).

(3)

Type 3,general outdoor storage. Type 3 general outdoor storage shall be allowed in unlimited quantity, subject only to the location restrictions below.

(b)

Exceptions.

(1)

Vehicles (including boats) shall not be considered merchandise, material or equipment subject to the restrictions of this section.

(2)

Waste generated on site and deposited in ordinary refuse containers shall not be subject to the restrictions of this section.

(3)

Areas enclosed by solid, opaque walls on at least three sides and covered by a solid, opaque roof shall not be considered outdoor.

(c)

Location of outdoor storage and display.

(1)

Unless specifically authorized elsewhere in the city's ordinances, all outdoor storage and display shall be located outside the public right-of-way and/or at least 15 feet from the back edge of the adjacent curb or street pavement.

(2)

No outdoor storage or display shall be allowed in required side yards.

(d)

Allowed storage table. The three types of storage shall be allowed in the districts designated in the table below.

(Ord. No. 12-12-2013-1, § 504, 12-12-2013)

(a)

General guidelines.

(1)

If a planned development district ordinance does not establish specific guidelines for land uses, landscaping, facade treatment, screening, setbacks, signage, parking, etc., then the minimum standards of the most similar district shall apply, based on an interpretation by the city administrator. See the table below.

(2)

In the case of differences between requirements of a planned development district specifically set forth in a particular PD district ordinance and the listed districts in the table above, the PD district ordinance requirements shall apply.

(3)

In cases where the city administrator and applicant cannot reach an agreement regarding the site plan's conformance with the concept plan or written standards in a PD district ordinance, then the site plan shall be processed as a major site plan by the planning and zoning commission according to the procedures contained in article II of this chapter.

(b)

Development standards. The following site development standards shall be considered minimum standards unless modified by the approved site plan:

(1)

Setback, landscaping, signage, and off-street parking standards which are as restrictive as those established for the particular districts in which the use would ordinarily be allowed.

(2)

Utility and street standards as established in chapter 30, pertaining to subdivisions. Street paving widths may be reduced upon approval by the city, if other provisions are made for pedestrians, and/or if on-street parking is prohibited.

(3)

Drainage standards as required by the director of public works.

(4)

All private park areas shall have grounds and equipment maintained in an attractive manner. The dedication of such areas to open space uses and the maintenance costs associated with such areas shall be assured by appropriate covenants and restrictions.

(5)

If, in the opinion of the planning and zoning commission, adequate access for safety vehicles and emergency ingress and egress by other vehicles is not provided by the proposed public or private street system, additional safety lanes may be required. These safety lanes shall be a minimum of 20 feet in width. The type of surfacing required, if any, will be determined by the planning commission. The safety lanes must remain free of any and all obstructions to access by safety vehicles at all times. These safety lanes shall be delineated on the site plan.

(6)

Internal circulation, with approval of the planning and zoning commission, may be on private streets owned and maintained by an association, corporation, or other such legal entity approved by the city. A written agreement between the city and the legal entity shall be provided allowing vehicles and personnel of the city when on official business to use private streets or safety lanes for any purpose, at any time, without liability and further to allow the city to remove at any time any and all obstructions of any type in the safety lanes and assess the cost of removal to the owner of the obstruction.

(7)

Where private streets are planned, the planning and zoning commission may require dedication of right-of-way and/or construction of paving for a public street or streets through or into the planned development, as the planning commission deems necessary.

(8)

In any planned development in which the provisions of this chapter and chapter 30, pertaining to subdivisions, are in conflict, the planning and zoning commission, with recommendation from the city administrator, shall make the decision as to which shall prevail.

(Ord. No. 12-12-2013-1, § 505, 12-12-2013)

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, steeples, roof signs, flagpoles, chimneys, smokestacks, radio and television antennas, water tanks, silos, or similar structure may be erected above the height limits in section 38-223 and 38-224, but no penthouse or roof structure, or any space above the height limit shall be allowed for the purpose of providing additional floor space.

(Ord. No. 12-12-2013-1, § 506, 12-12-2013)

No uses allowed exclusively in the M-1 or M-2 districts shall be allowed within 100 feet of any adjoining residential district.

(Ord. No. 12-12-2013-1, § 507, 12-12-2013)

(a)

Required privacy fences.

(1)

A privacy fence shall be required where the side or rear lot line of a nonresidential use is adjacent to either of the following:

a.

A residential district boundary other than the AO district;

b.

An existing residential use;

c.

School or day care facility.

(2)

This requirement shall not apply when an equivalent fence already exists.

(3)

Properties immediately across a body of water, transportation, drainage or utility right-of-way, street or alley shall be considered adjacent if the intervening body of water, transportation, drainage or utility right-of-way, street or alley, is less than 80 feet wide.

(b)

Height standards for required privacy fences.

(1)

All privacy fences shall meet the visual clearance requirements of section 38-231.

(2)

Maximum fence height in residential districts.

a.

No portion of any fence or enclosure in any residential district, excluding an AO district, shall exceed a height of eight feet.

b.

A substantially open fence with a ratio of solid portion to open portion equal to or less than one (solid) to four (open) may be constructed up to a height of ten feet.

(3)

Maximum height in required front yards.

a.

Any fence or enclosure extending into a required front yard shall not exceed a height of four feet.

As set forth in this section, a front non-privacy fence exceeding four feet in height that meets the visual clearance requirements of section 38-231 may be approved as a variance in accordance with section 38-46.

b.

Fences on land located in the C-3, M-1 and M-2 districts shall be exempt from this requirement.

c.

In the AO district, a substantially open fence with a ratio of solid portion to open portion equal to or less than one (solid) to four (open) may be constructed up to a height of six feet.

(Ord. No. 12-12-2013-1, § 508, 12-12-2013; Ord. No. 10-17-2024-1, 10-17-2024)

Except for freestanding signs with appropriate visual clearance below the display area, any fence, structure, sign, tree or landscaping on a corner lot and situated within 30 feet of the intersection of the two-street property lines shall not exceed a height of three feet, including topography, measured from the top of the street curb or, in the absence of a raised curb, 3½ feet above elevation of the center of the pavement. For this purpose, the restricted area shall be considered as a triangle rather than an area bounded by an arc.

(Ord. No. 12-12-2013-1, § 509, 12-12-2013)

(a)

Off-street parking required.

(1)

General requirements. No certificate of occupancy shall be issued for the use of land or a building for residential, commercial, industrial or any other purpose until adequate off-street parking as required in this section has been provided.

(2)

Major repair or alterations.

a.

For the purpose of calculating parking, the term "major repair or alteration" shall refer to either of the following construction activities:

1.

Expansion of floor area of an existing building equal to or in excess of 25 percent of the present floor area of the building in question; or

2.

Repairs or alterations to an existing building that are expected to increase the monetary value of the building by a factor of 50 percent or more, as determined by the building official or city administrator.

b.

Except in the C-1 district, no certificate of occupancy shall be issued for major repair or alteration of an existing attached single-family, two-family, multifamily, commercial or industrial building or structure unless off-street parking in conformity with this section has been provided.

c.

Except in the C-1 district, no certificate of occupancy shall be issued for major repair or alteration of an existing detached single-family structure unless off-street parking in conformity with this section is provided. For major repair or alternation of a detached single-family structure, off-street parking and any connection to the right-of-way for the public street or alley may consist of an all-weather surface; a paved surface shall not be required.

(3)

Change of occupancy. Except in the C-1 district, no certificate of occupancy shall be issued to allow a change from one major occupancy category to another (as identified by the standard building code adopted by the city) unless off-street parking in conformity with minimum standards of this section has been provided. The amount of additional parking shall be limited to the required parking calculated for the new use minus any required parking calculated for any previous use of the building.

(4)

Additional parking requirements for residential districts; recreational vehicles. The following additional parking requirements shall apply in residential districts within the city:

a.

In areas where there are curbed and guttered streets, all recreational vehicles and recreational equipment or trailers that are within the established front yard setback may only be parked as follows:

1.

For a period not to exceed three consecutive days, provided, however, that in no case shall such vehicles be parked in the front yard setback area for more than six days per calendar month;

2.

Must be parked on a driveway or on a paved off-street parking area. In no event shall parking be allowed in the right-of-way or parkway.

b.

In areas where there are curbed and guttered streets, all recreational vehicles, recreational equipment or trailers that are within the side yard adjacent to the street on corner lots, may only be parked as follows:

1.

For a period not to exceed three consecutive days, provided, however, that in no case shall such vehicles be parked in the side yard setback area for more than six calendar days per month.

2.

Must be parked on a driveway or on a paved off-street parking area. In no event shall parking be allowed in the right-of-way or parkway. For this subsection, the term "side yard" shall mean that yard between the side building line and the side lot line, if any, and from the established front setback line to the rear property line.

c.

As set out in city ordinances, it is unlawful for each person owning, operating, or having control of any vehicle, motor vehicle, commercial motor vehicle, truck-tractor, trailer, or semitrailer as the foregoing are defined in V.T.C.A., Transportation Code § 541.201, as may be amended (hereafter collectively "vehicle"), having capacity of more than 1½ tons, or more than 18 feet in length, or 76 inches in width, or seven feet in height, to park the same upon any street, as the term "street" is defined in this chapter; and it shall be unlawful to park or leave parked any boat, boat trailer, recreational vehicle, recreational equipment or trailer of any design on any street in the city, except as hereafter set forth.

d.

The provisions of subsection (a)(4)c of this section shall not be deemed to prohibit the parking of any vehicle, truck, bus, recreational equipment, trailer, boat, boat trailer, on any street for the purpose of actual loading and unloading when such vehicle is accompanied or attended by an operator; and provided further that the terms "loading" and "unloading" as used in this section shall be limited to the actual time ordinarily spent in such operation.

(5)

Storage of recreation equipment and vehicles. Additional requirements for storage of recreational vehicles and recreational equipment or trailers are as follows:

a.

Recreational vehicles and recreational equipment or trailers may be stored on private property either in an enclosed building, under a legal carport, in the rear or side yards anywhere up to the property line with no minimum setback (except the side yard adjacent to the street on corner lots as described below), or behind the established front yard setback line for the district in which the vehicle or equipment is located. No storage shall be allowed within the required front yard setback unless a variance is approved by the zoning board of adjustment. On corner lots, for the side yard adjacent to the street, no storage shall be allowed unless the recreational vehicle or recreational equipment or trailer is behind a screening fence. In no event shall storage be allowed in the right-of-way or parkway.

b.

No portion of any recreational vehicle or recreational equipment or trailer, regardless of size, shall extend over the property line or into the sidewalk area.

(6)

Use as living quarters. No person shall occupy or use any recreational vehicle as living or sleeping quarters in an AO, R1 or MF district, except that recreational vehicles may be used as living or sleeping quarters for a non-resident parked on the lot of the person he is visiting for a maximum of three days during a 30-day period.

(b)

Required off-street parking table.

(c)

Rules for determining off-street parking requirements.

(1)

When calculation of required off-street parking results in the requirement for a fractional space, any fraction up to and including one-half shall be disregarded in the calculation, and fractions over one-half shall require one additional off-street parking space.

(2)

In the case of a use not specifically listed in the table in subsection (b) of this section, the city administrator shall determine a use on the table that is substantially similar to that proposed, and apply the accompanying off-street parking requirement.

(3)

No part of required off-street parking facilities shall be included as parking required for another structure or use, except as provided in subsection (c)(5) of this section.

(4)

In the case of multiple principal uses located on a single lot or tract of land, the total required off-street parking shall equal the sum of the parking required for each of the various uses calculated separately. Except as provided in subsection (c)(5) of this section, required off-street parking for one use shall not be considered as required off-street parking for any other use.

(5)

For the purpose of computing off-street parking requirements for various retail trade activities, the term "floor area" shall mean the gross floor area used or intended to be used for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. The term "floor area" shall not mean floors or parts of floors used principally for non-public purposes, such as the storage, incidental repair, processing or packaging of merchandise, for show windows, or for offices incidental to management or maintenance. Fitting rooms, dressing rooms and alteration rooms shall also be excluded from the definition of floor area for the purpose of computing off-street parking requirements for various retail trade activities.

(6)

Where an open surface is consistently used for an activity allowed by the zoning district where it is situated, such open area shall be considered the same as if it were floor area within a building.

(7)

In no circumstance shall new construction or installation of any principal building on a lot require any less than two off-street parking spaces to be provided in accordance with this section.

(d)

Location of off-street parking facilities.

(1)

All required off-street parking spaces shall be located on the same lot or tract of land as the building and/or activity they are intended to serve, except as provided below.

(2)

The use of remote or off-premises parking shall be allowed to satisfy the requirements of this section, including shared parking. Such parking shall be located no more than 400 feet from the facility or activity requiring such parking, and a permanent parking easement shall be secured and legally recorded. Remote or off-premises parking shall comply with all of the standards of this section.

(3)

Required off-street parking spaces may be separated by an alley, no more than 30 feet wide, from the same lot or tract of land as the building and/or activity which those off-street parking spaces are intended to serve.

(e)

Shared parking. Developments or uses with different operating hours or peak business periods may share off-street parking spaces if approved as part of an alternative access and parking plan and if the shared parking complies with the all of following standards:

(1)

Shared parking spaces must be located within 400 feet of the primary entrance of all uses served, measured along the shortest legal, practical walking route.

(2)

A shared parking analysis shall be submitted to the city administrator, clearly demonstrating the feasibility of shared parking. The study must address, at a minimum, the size and type of the proposed development, the composition of users of the development sharing off-street parking, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. A shared parking analysis found not acceptable by the city administrator may be appealed to the zoning board of adjustment.

(3)

A shared parking plan shall be enforced through written agreement among all owners of record. An attested copy of the agreement between the owners of record must be submitted to the city administrator for recording. Recording of the agreement must take place before issuance of a building permit for any use to be served by an off-site parking area. A shared parking agreement may be rescinded only if all required off-street parking spaces are otherwise provided in accordance with this section.

(f)

Maintenance and design of public off-street parking facilities.

(1)

All required off-street parking facilities shall be adequately maintained by the owner in accordance with the specifications of this chapter, so as to continually provide a suitable area for off-street parking use.

(2)

The standards of this section shall be a continuing obligation of the property owner. It shall be unlawful to discontinue, change or dispense with any required off-street parking spaces without establishing alternative parking that meets the requirements of this section. It shall also be unlawful to use buildings or land without acquiring and developing appropriate areas for off-street parking that meet the requirements of this section.

(3)

All areas used for required off-street parking shall be paved, unless specifically exempted by other provisions of this section.

(4)

A curb, wheel stop or other suitable barrier may be required by the city administrator to separate off-street parking areas from public rights-of-way for streets.

(5)

All off-street parking facilities shall be so graded and drained as to suitably dispose of all surface water accumulated within the area.

(6)

Parking shall not be allowed in visual clearance triangles (see section 38-231).

(7)

No open area in a required off-street parking area shall be consistently encroached upon by any other use, including, but not limited to, refuse disposal or commercial display, sale, repair, dismantling or servicing of merchandise, materials, equipment or vehicles.

(8)

For off-street parking spaces accessory to residential uses in AO districts, where parking spaces are located greater than 50 feet from the lot line adjacent to an existing or proposed driveway approach from the public street, paved parking and a paved connection to the public street right-of-way shall not be required. An all-weather surface may be substituted for the paving requirement.

(g)

Minimum dimensions for off-street parking.

(1)

Minimum required parking width shall be measured perpendicular to the parking angle.

(2)

Minimum required parking length shall be measured along a line parallel to the parking angle.

(3)

Minimum required maneuvering area shall be measured behind each parking space, perpendicular to the building or parking line.

(4)

When off-street parking facilities are located adjacent to a public alley, the unobstructed width of the alley may be assumed to be a portion of the maneuvering space requirement shown above.

(5)

Any distinctly separate off-street parking area for two or fewer spaces may utilize public right-of-way for maneuvering. Otherwise, in any district, off-street parking shall not include head-in parking adjacent to a public street wherein the maneuvering is done.

(6)

Where off-street parking facilities are provided in excess of the minimum amounts specified, or where off-street parking facilities are provided but not required by this section, said facilities shall comply with the minimum requirements for parking and maneuvering space herein specified.

(h)

Vehicle stacking areas. A minimum number of off-street stacking spaces shall be provided as follows:

(Ord. No. 12-12-2013-1, § 510, 12-12-2013)

(a)

Minimum requirements. Every nonresidential building having at least 20,000 square feet of gross floor area hereafter erected, converted, extended or enlarged, shall provide and maintain the following off-street loading spaces:

(1)

A minimum of one off-street loading space is required.

(2)

For buildings that are occupied by manufacturing, storage, goods display, retail trade, wholesale trade and other similar industrial or commercial uses, one additional space for each additional 40,000 square feet or major fraction thereof shall be required.

(3)

For offices, hotels, hospitals, schools and similar institutional uses, one additional space for each additional 60,000 square feet or major fraction thereof shall be required.

(b)

Size of loading space. Each required loading space shall be not less than ten feet in width, 60 feet in length and 14 feet in height.

(c)

Location of loading space.

(1)

All required off-street loading spaces shall be located entirely on the same lot or tract of land as the building they are accessory to.

(2)

All required off-street loading spaces shall be located entirely outside of public rights-of-way for streets and alleys.

(3)

No open area in a required off-street loading area shall be consistently encroached upon by any other use, including, but not limited to, refuse disposal, required off-street parking and maneuvering area, or the commercial display, sale, repair, dismantling or servicing of merchandise, materials, equipment or vehicles.

(4)

In no case shall off-street parking or vehicle stacking spaces required by this chapter be part of the area used to satisfy off-street loading requirements.

(5)

Access to required loading spaces shall be provided by nearby alleys and public streets, and preferably by means of exclusive service drives for trucks.

(d)

Maintenance and design of off-street loading spaces.

(1)

All required off-street loading spaces shall be adequately maintained by the owner, in accordance with the specifications of this chapter, so as to continually provide a suitable area for off-street loading.

(2)

The standards of this section shall be a continuing obligation of the property owner. It shall be unlawful to discontinue, change or dispense with any required off-street loading spaces without establishing alternative loading areas that meet the requirements of this section. It shall also be unlawful to use buildings or land without acquiring and developing appropriate areas for off-street loading space that meet the requirements of this section.

(3)

All areas used for required off-street loading shall be paved in accordance with minimum paving standards of this chapter.

(e)

Existing loading space. Loading space being maintained in connection with any existing principal use of a building on the effective date of the ordinance from which this chapter is derived shall thereafter be maintained, so long as the building remains, unless equivalent replacement space is provided conforming to the requirements of this section; provided, however, that maintenance of more loading spaces than are herein required for new construction shall not be required.

(Ord. No. 12-12-2013-1, § 511, 12-12-2013)

The supporting structure of an open carport shall not be located within required front or side yards, except as set forth in this section. Carports in required yards may be approved as an administrative adjustment in accordance with the provisions of section 38-44, provided the standards of subsections (1), (2) and (3) of this section are met.

(1)

Location.

a.

There is no other practical location on the subject property for a carport that would meet the minimum yard requirements established for the particular zoning district in which the subject lot is located.

b.

In order to allow a carport to encroach within the required front yard, a previously constructed carport located within a required front yard must exist on a lot on the same or opposing block face.

c.

The proposed carport must be compatible with the neighborhood and must not negatively affect other nearby properties.

(2)

Construction. Construction of a carport in a required yard shall conform to all of the following criteria:

a.

The front face of the roof shall be set back at least ten feet from the front property line, and shall be separated by at least 15 feet from the back of the street curb (or edge of the street pavement if a curb does not exist) and shall not extend more than 18 feet into the minimum front yard required on the subject lot.

b.

The roof edge and vertical structural supports for any carport shall not be located closer than two feet to the side property line.

c.

A minimum of 7½ feet from the finished floor level of any carport situated within the minimum front or side yard required on the lot shall be open and unencumbered by any walls, screening or glazing on the sides or front of the structure, except as may be necessary for vertical structural supports which shall be no greater than 12 inches in width or diameter, or unless the carport borders the side wall of the house, in which case that one side of the carport may be enclosed by the wall of the house.

d.

No more than 20 percent of the minimum front yard area required on a lot shall be covered by the roof on a carport allowed by this section.

(3)

Continuing compliance. Any carport authorized in accordance with this section to extend into minimum required front or side yards shall be subject to continuing compliance with the following requirements:

a.

The minimum clearance required on the sides of any such carport (along that portion which extends into required yards) shall continually remain open and unencumbered by any walls, screening or glazing.

b.

The area underneath any such carport shall continually remain clear of any junk, household trash, yard trash, debris or any and all other objectionable unsightly matter, as generally required by the ordinances of the city.

(4)

Existing carports. Existing carports which encroach into minimum front or side yards required by this chapter shall be exempted from the requirements of this chapter intended to prevent the installation of carports within minimum front or side yards, subject to each such carport's compliance with all the following conditions:

a.

The carport was completed at that location prior to July 31, 2013.

b.

The carport does not encroach into the public right-of-way, into an easement specifically designated to be open or unencumbered by buildings, or onto an adjacent lot.

c.

The carport is set back a minimum of five feet from the back of a curb bordering pavement in an adjoining street right-of-way or, if a curb does not exist, from the edge of pavement in that adjoining street right-of-way.

d.

The carport is structurally sound, in the opinion of the building official.

e.

The carport is substantially open and unencumbered by side walls, screening or glazing in any of the minimum front or side yards required by this chapter.

f.

The area underneath any such carport is and remains continually clear of any junk, household trash, yard trash, debris or any and all other objectionable matter.

g.

The carport is accessory to a principal building located on the same lot as that carport, regardless of whether that carport is attached to or detached from the principal building.

(5)

Carports considered legally nonconforming.

a.

Existing carports which encroach into minimum required front or side yards and which were installed before enactment of minimum yard requirements shall be considered legally nonconforming.

b.

Any existing carports which encroach into minimum front or side yards required by this chapter and which were authorized in accordance with a variance or special exception duly approved by the zoning board of adjustment shall also be considered legally nonconforming.

c.

In no case shall this section be construed to legitimize any carport encroaching into a public right-of-way, into an easement specifically designated to be open or unencumbered by buildings, or onto an adjacent lot.

(Ord. No. 12-12-2013-1, § 512, 12-12-2013)