Every principal building erected shall be on a zoning lot or parcel of land which adjoins a public street or a permanent easement of access to a public street, the easement to be at least 20 feet wide unless a lesser width was duly established and recorded prior to the effective date of the ordinance from which this chapter is derived.

(Code 1960, § 6-504; Code 1989, § 163.007; Ord. No. 3376; Ord. No. 8256, § 1(163.007), 2-17-2009)

(a)

Except in the case of planned developments, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

(b)

No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. No accessory building or buildings shall occupy more than 40 percent of the area of a required rear yard. No accessory building or portion thereof located in a required rear yard shall exceed 15 feet in height. On a reversed corner lot in a residence district and within 15 feet of any adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to 60 percent of the least depth which would be required under this chapter for the front yard on the adjacent property to the rear. Further, in the above instance, no accessory building shall be located within five feet of any part of a rear lot line which coincides with a side lot line or portion thereof of property in an R1, R1A, R2, R3, or R4 district.

(Code 1960, §§ 6-505, 6-506; Code 1989, § 163.008; Ord. No. 3376; Ord. No. 8256, § 1(163.008), 2-17-2009)

(a)

The maintenance of yards, courts, plazas, common greens and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of the building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts, plazas, common greens, other open space, or minimum lot area allocated to any building, by virtue of change of ownership or for any other reason, shall be used to satisfy yard, court, plaza, common green other open space, or minimum lot area requirements for any other building.

(b)

No zoning lot improved with a building or buildings shall be divided into two or more zoning lots; and no portion of any zoning lot which is improved with a building or buildings shall be sold, unless all zoning lots resulting from each division or sale and improved with a building or buildings shall conform with all the bulk regulations of the zoning district in which the property is located. However, with respect to the re-subdivision of improved zoning lots in R5 and R6 districts or improved transitional zoning lots in an R4 district, side yard requirements shall not apply between attached buildings.

(c)

All yards, courts, plazas, common greens, and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as the building or dwelling group. Front yards shall not be paved except under the following conditions:

(1)

Residential districts. Driveways of not more than 25 feet in width, perpendicular to the front property line, are permitted.

(2)

Business districts. Driveways of not more than 35 feet in width, perpendicular to the front property line, are permitted.

(3)

Manufacturing districts. Driveways of not more than 35 feet, perpendicular to the front property line, are permitted.

(d)

No yards now or hereafter provided for a building existing on the effective date of the ordinance from which this chapter is derived shall subsequently be reduced below, or further reduced below if already less, than the minimum yard requirements of this chapter for equivalent new construction.

(e)

Permitted obstructions in required yards.

(1)

In all yards. Open terraces not over four feet above the average level of the adjoining ground but not including a permanent roofed-over terrace or porch; awnings and canopies; steps four feet or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a streets or alley; chimneys projecting 18 inches or less into the yard; recreational and laundry-drawing equipment; arbors, trellises, and flag poles are permitted.

a.

Open mesh fences having a height of six feet or less may be used to locate property lines within the required side or rear yards in the R districts. Open mesh-type fences having a height of four feet or less may be used to locate property lines within required front yards in the R districts where authorized by the board of appeals in accordance with the provisions of this chapter.

b.

Fences, walls, or lattice-work screens which form outside living rooms or provide necessary privacy for swimming pools or other activities and are actual projections from the bearing walls of existing dwellings may be extended into either the side or the rear yard, but not both yards, where the fence, wall, or screen has not less than 50 percent of the surface open, or is a vertical type of louvered fence which can prevent free movement of air from one or more directions and yet have more than 50 percent of its surface open when viewed on an angle from two directions. However, the projection shall not prohibit the erection of an open mesh-type fence over six feet in height enclosing an elementary or high school site, and this projection shall not limit the height, type, or location of a fence, wall, or other structure which is located within the buildable area exclusive of the side or rear yards of the property.

c.

In all business districts, fences and walls located in the front yard shall not exceed 42 inches in height above the finished ground level. Fences having a height of more than 42 inches may be used in business districts where authorized by the board of zoning appeals in accordance with the provisions of this chapter.

d.

In all business districts, no fence or wall, any part of which is barbed wire, may be erected on the front yard or area adjoining and adjacent to any street or highway. Barbed wire may be used on fences or walls provided said wire is more than six feet above ground.

e.

All front yard fences or walls shall be erected at least ten feet from the property line. The setback area shall be appropriately screened and landscaped. Landscaping shall be installed in such a manner as to promote compatibility with the commercial uses in the surrounding areas, and to negate adverse visual effects of the fence or wall.

f.

The location of a fence on the side yard of a corner lot shall be five feet from the property line. Further, all fences higher than 42 inches shall be reviewed and approved for vehicular and/or pedestrian safety by the traffic engineer.

(2)

In front yards. One-story bay windows projecting three feet or less into the yard, and overhanging eaves and gutters projecting three feet or less into the yard are permitted.

(3)

In rear yards. Enclosed, attached, or detached off-street parking spaces; open off-street parking spaces; accessory sheds, tool rooms, and similar accessory buildings or structures for domestic and agricultural storage; balconies; breezeways and open porches; one-story bay windows projecting three feet or less into the yard; overhanging eaves and gutters projecting three feet or less into the yard are permitted. No accessory building shall be nearer than three feet to the side lot line. No accessory building or use shall be nearer than three feet to the rear lot line.

(4)

In side yards. Overhanging eaves and gutters projecting into the yard for a distance not exceeding 40 percent of the required yard width, but in no case exceeding 30 inches are permitted.

(Code 1960, § 6-507; Code 1989, § 163.009; Ord. No. 3376; Ord. No. 3515; Ord. No. 3721; Ord. No. 4544, 6-1-1971; Ord. No. 6247B, 6-22-1988; Ord. No. 8256, § 1(163.009), 2-17-2009)

For the purpose of this chapter, the list of materials or products which decompose by detonation when in sufficient concentrations includes, but is not limited to, the following:

(1)

Acetylides.

(2)

Azides.

(3)

Chlorates.

(4)

Dynamite.

(5)

Blasting gelatin.

(6)

Fulminates.

(7)

Anhydrous hydrazine.

(8)

Ammonium nitrates.

(9)

Dinitroresorcinol.

(10)

Dinitrotoluene.

(11)

Guanidine nitrate.

(12)

Guncotton (cellulose nitrate with nitrogen content in excess of 12.2 percent, or pyroxylin).

(13)

Hexamine.

(14)

Nitroglycerin.

(15)

Petn (pentaerythritoltetranitrate).

(16)

Picric acid.

(17)

Tetryl (trinitrophenylmethyltramine)

(18)

Cylonite or hexogen (trimetylene, trinitramine).

(19)

Dinol.

(20)

Petryl.

(21)

TNT (trinitrotoluene).

(22)

Perchlorates (when mixed with carbonaceous materials).

(23)

Black powder.

(24)

Fireworks.

(25)

Greek fire.

(26)

Permanganates.

(27)

Peroxides (except hydrogen peroxide in concentrations of 35 percent or less in aqueous solution).

(Code 1960, § 6-1401; Code 1989, § 163.012; Ord. No. 3376; Ord. No. 8256, § 1(163.012), 2-17-2009)

Solid waste disposal sites, hazardous waste sites, manufacturing sites containing toxic substances and potentially polluting substances (reference city environmental ordinances, Ord. Nos. 7394 and 7641) and/or landfills shall be special uses prohibited from locating within one mile of each other and from locating within one mile of residentially zoned district.

(Code 1989, § 163.015; Ord. No. 6245, 6-7-1988; Ord. No. 8256, § 1(163.0152), 2-17-2009)