(a)

Structures to have access. Every structure hereafter erected or moved shall be so located on a building site as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(1)

Residential access in commercial districts. For any conforming residential use(s) in a B-2, general business district, B-3, central business district, and B-4, design review district, a communal foyer shall be provided which will prevent direct ingress/egress from any public right-of-way.

(b)

Accessory buildings. No accessory building shall be erected in any required front or side yard, no accessory building shall occupy more than 30 percent of a required rear yard, and no accessory building shall be erected within three feet of any other building or any property line.

(c)

Outdoor storage and parking. No major recreational equipment such as travel trailers, detached pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, exclusive of boats and boat trailers, shall be stored or parked for more than 24 hours in any residence district except in a carport, in a rear yard or in an enclosed building. Boats or boat trailers shall not be stored or parked in the front yard in any residence district. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored in any residence district other than in a completely enclosed building. Except in an enclosed building, a commercial motor vehicle exceeding 22 feet in length shall not be stored or parked in any residence district for any length of time; provided, that a commercial motor vehicle may be parked temporarily for a time reasonably necessary to provide direct service in the residence district.

(d)

Signs. In any residence district, only the following signs shall be permitted:

(1)

Nameplates. An unlighted sign not exceeding two square feet in area and bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises, such as permitted home occupations.

(2)

Notices. Legal notices, identification, informational or directional signs erected or required by governmental bodies and signs directing or guiding traffic and parking on private property but bearing no advertising.

(3)

Real estate signs. An unlighted for sale, rent or lease sign not exceeding four square feet in area.

(4)

Identification signs. For institutional uses, a sign not exceeding 18 square feet in area.

(e)

Illumination. Lighting used to illuminate signs, parking areas or for similar purposes, where permitted, shall be so arranged that the source of light does not shine directly into adjacent residential premises or into traffic.

(f)

Swimming pools. No swimming pool shall be constructed in any required front yard; no swimming pool, along with any other accessory uses, shall occupy more than 30 percent of a required back yard; and no swimming pool shall be constructed within five feet of any building or any property line.

(Code 1982, § 24-80; Ord. No. O-09-08, § 1, 3-4-2008; Ord. No. O-18-17, § 1, 7-11-2017)

(a)

Dwelling on small building site. Where a lot located in a residence district in which a dwelling is permitted contains less than the minimum required building site area for the district, and on January 28, 1982, was lawfully existing and of record and held in separate and different ownership from any lot immediately adjoining and having continuous frontage, such lot may be used as the building site for a one-family dwelling.

(b)

Nondwelling building on small building site. Where a lot located in a district in which a nondwelling building is permitted contains less than the minimum required building site area for the district, and on January 28, 1982, was lawfully existing and of record and held in separate and different ownership from any lot immediately adjoining and having continuous frontage, such lot may be used as the building site for any non-dwelling building permitted in the district.

(Code 1982, § 24-81)

(a)

Height exceptions. The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, parapet walls, cornices or necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(b)

Excess height. In any district, any main structure may be erected or altered to a height in excess of that specified for the district in which the structure is located; provided that each dimension provided in this chapter for required front, side and rear yards is increased one foot for each two feet of such excess height; provided, further, that where no yard is required, the part of the structure exceeding the height specified for the district shall be set back from the vertical plane of the adjacent building site line one foot for each two feet of such excess height.

(Code 1982, § 24-82)

(a)

Buffer planting strips. Whenever the side or rear boundary of a building site in a B-1, B-2, B-3, I-1 or I-2 district adjoins an R-1 or R-2 district, there shall be provided on such business or industrial building site a buffer planting strip not less than 30 feet in width. Any required yard shall be counted as part of such buffer planting strip. Buffer planting strips shall comply with the following regulations:

(1)

Landscaping. Screen planting shall be provided in sufficient density and of sufficient height (but in no case less than eight feet high) to afford protection to the residence district from the glare of lights, from blowing paper, dust and debris, and from visual encroachment, and to reduce the transmission of noise. Screen planting shall be maintained in a clean and neat condition.

(2)

Use of land. No part of a buffer planting strip shall be used for any purpose other than screen planting unless such screen planting is provided adjacent to the residence district in sufficient depth and density to accomplish the purpose of protection, in which case as much as 20 feet of the required 30 feet may be used for parking or other open space uses not in conflict with the purpose of protection of the adjacent residence district and not in violation of any other provision of this chapter.

(3)

Screen walls. In the case of a lot of record on the effective date of the ordinance from which this chapter is derived, such lot being so unusually small that provision of the 30-foot buffer planting strip precludes the reasonable use of the property for the uses permitted in the district in which the lot is located, upon approval of the planning commission, and subject to such conditions as it may prescribe as necessary to achieve the purpose of screen planting, a screen wall of permanent material eight feet high may be substituted for the screen planting. In such case, the width of the buffer planting strip may be reduced to no less than 20 feet.

The requirement for a buffer planting strip may be waived by the city council in amending this chapter to create or expand a business or industry district upon a report from the planning commission stating that future extension of the business or industry district is anticipated and that the wall of the proposed building will present an acceptable appearance to the adjacent residence district. Waiver of the requirement for a buffer planting strip shall not constitute waiver of any side yard requirement.

(b)

Minimum side yard width. In any district where side yards are not required by the district regulations, if a side yard is provided, it shall have a width of at least five feet.

(c)

Corner building sites. In any district, a corner building site having to its rear a building site facing toward the intersecting or side street shall have provided on the intersecting or side street side of the corner building site a side yard having a width equal at least to the depth of the front yard required for a structure on the building site to the rear of the corner building site; provided, however, that this regulation shall not be applied to reduce the buildable width of the corner building site to less than 30 feet. No accessory building shall be closer to the side street than the main building.

(d)

Through building sites. A building site which has frontage on two parallel or nearly parallel streets shall be considered to have two fronts and shall have required front yards on both such streets.

(e)

Visibility at intersections. On a corner building site in any district in which a front yard is required, no fence, wall, hedge, structure or planting creating a material impediment to visibility between the heights of three feet and eight feet above the street grade at the intersection shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line connecting such street lines at points equidistant from such point of intersection and passing through a point, which point is the intersection of lines defining the required front and side yards.

(f)

Side yard exception for small lots. Where side yards are required and a lot of record is less than 60 feet in width and on the effective date of the ordinance from which this chapter is derived was lawfully existing and of record, the sum of the widths of the two side yards shall be not less than one-third the width of the lot, and neither side yard shall have a width of less than 2/15 the width of the lot; provided, however, that in no case shall either side yard have a width of less than five feet.

(g)

Major street lines. Front yard depth and, in the case of a corner building site, side yard width shall be measured from the future street right-of-way line of a major street established on the plan for circulation (major street plan).

(h)

Fences, walls and hedges. No fence, wall or hedge that obstructs sight shall be erected, altered or placed in or around any required front yard to exceed a height of three feet above the street grade.

(i)

Projections into required yards. Ordinary projections of sills, belt courses, cornices, buttresses, eaves and similar architectural features may project not more than three feet into any required yard. Open fire escapes may project not more than 3½ feet into any required yard.

(j)

Front yard depth exceptions.

(1)

R-1 and R-2 districts. In any R-1 or R-2 district, any building site lying between two immediately adjacent building sites having dwellings upon them on the effective date of the ordinance from which this chapter is derived shall have a front yard equal in depth at least to the average depth of the front yards provided on the adjacent building sites; provided, however, that no front yard shall be less than ten feet in depth and no front yard shall be required to be greater than 40 feet in depth.

(2)

B-2 district. In any B-2 district, any building site lying between two immediately adjacent building sites having buildings upon them on January 28, 1982, shall have a front yard equal in depth at least to the average depth of the front yards provided on the adjacent building sites.

(Code 1982, § 24-83)

(a)

Noise. There shall be no production by any use of noise which at any boundary of the building site is in excess of the average intensity of street and traffic noise at that boundary.

(b)

Heat, glare and vibration. There shall be no emission by any use of objectionable heat, glare or vibration which is perceptible beyond any boundary of the building site on which the use is located.

(c)

Dust, dirt, odors, gases, smoke and radiation. There shall be no emission by any use of dust, dirt, odors, gases, smoke or radiation which is in an obnoxious or dangerous amount or degree beyond any boundary of the building site on which the use is located.

(d)

Hazards. There shall not be created or maintained by any use any unusual fire, explosion or safety hazard which may affect an area beyond the boundary of the building site on which the use is located.

(e)

Storage. No materials or wastes shall be stored in such a manner that they may be transferred off the building site by natural forces or causes.

(Code 1982, § 24-84)

(a)

The supplementary regulations of this section shall apply to the following uses set out in section 130-312 and to uses that are similar in nature and character:

Automobile storage (commercial), including parking lots but not including wrecked vehicles

Automobile and truck sales and repair; but not including commercial wrecking, dismantling or auto salvage

Automobile and truck wrecker towing service, but not including commercial wrecking, dismantling or auto salvage

Automobile wrecking, dismantling or salvage

Boat sales, accessories and service

Motorcycle sales and service

Pawnshop

Trailer or mobile home sales

Automobile and truck fleet maintenance shops and garages

Automobile filling station

Automobile wash

Automobile and truck body repair

Automobile cleanup shop

Automobile service and repair

Contractors storage yard for vehicles, equipment, materials and/or supplies

Fix-it shop

Junkyard

Storage and warehousing

Trailer park or campground

Transit vehicle storage and servicing

Automobile manufacture

Automobile and truck body manufacture

Boat manufacture

Trailer or mobile home manufacture

(b)

For purposes of this section the term motor vehicle means any motor vehicle which is wrecked, junked, inoperable or is placed for repair or service on the property.

(c)

Motor vehicles may not be stacked. The total area covered by vehicles and any existing and future buildings may not exceed 75 percent of the property area. A privacy fence at least seven feet high and adequate to obstruct the view of the area where vehicles are stored and to shield from noise and the passage of persons must be erected along the right-of-way of the property that is adjacent to a public street or an area zoned residential.

(Ord. No. O-75-06, 8-29-2006)

(a)

A seasonal fireworks business may place a temporary facility at a site permitted under the zoning ordinance no sooner than May 20 for the June 20—July 10 fireworks season and no sooner than November 15 for the December 15—January 2 fireworks season. The temporary facility must be removed from that location no later than July 30 for the June 20—July 10 fireworks season and no later than January 30 for the December 15—January 2 fireworks season.

(b)

Signs related to a fireworks business at a temporary or fixed facility may be placed on the business site no sooner than May 20 for the June 20—July 10 fireworks season and no sooner than November 15 for the December 15—January 2 fireworks season. Signs related to the fireworks business must be removed from the site of a temporary and a fixed facility within three days of the end of each fireworks season.

(c)

The fireworks business must comply with all requirements of state law and be permitted by the state fire marshal for operation at the particular location.

(Ord. No. O-18-07, § 1, 2-20-2007; Ord. No. O-21-11, § 1, 5-31-2011)

Editor's note— Ord. No. O-21-11, § 1, adopted May 31, 2011, amended § 130-357 title to read as herein set out. Former § 130-357 title pertained to seasonal fireworks sales.