Accessory buildings of less than 120 square feet in area and fifteen feet in height shall be located at least five feet from any side or rear property line. Accessory buildings in excess of 120 square feet in area or fifteen feet in height shall be located at least ten feet from any side or rear property line, provided, however, that on lots that are sixty feet or less in width, the side setback shall be a minimum of five feet.

(Ord. 2337. Passed 10-20-92.)

   (a)   Electrically charged fences shall be prohibited in all districts, with the exception of those agricultural uses involving livestock in business prior to June 1, 1992. Barbed wire may be used only to top standard security fences in Commercial and Industrial Districts at a height of six feet or greater. The supports of the barbed wire may be either vertical or lean inward above the property of the owner of the fence.

   (b)   Only decorative fences shall be constructed in front setbacks or side setbacks abutting streets. A "decorative fence" is a split-rail, ornamental iron or other decorative wooden fence, as approved by the Administrator. Chain-link fences shall not be permitted within front setbacks or side setbacks abutting streets in any district, except by variance granted by the Board of Zoning Appeals. Guardrails shall not be used for fencing.

   (c)   Fences and hedges in front setbacks and/or side setbacks abutting streets in any district shall not exceed three feet in height and shall not be such as to obstruct the view of pedestrians or vehicular traffic or be detrimental to public safety.

   (d)   Fences in rear setbacks and side setbacks not abutting streets shall not exceed six feet in height in residential or commercial zones or twelve feet in height in industrial zones.

   (e)   No fence shall hereafter be erected, constructed, altered, relocated or rebuilt until an application has been filed with, and a zoning permit issued by, the Administrator. A registered survey may be requested by the Administrator prior to issuing a fence permit. When any fence is erected, constructed, altered, relocated or rebuilt prior to obtaining a permit, the required fees shall be doubled, but the payment of such double fees shall not relieve any person from complying with other provisions of this Zoning Code or from other penalties prescribed by law.

(Ord. 2337. Passed 10-20-92.)

   (EDITOR’S NOTE: Section 1280.03 was repealed by Ordinance No. 3227, passed April 23, 2018. For sign regulations, see Chapter 1293.)

   (a)   Provision of Facilities Required. There shall be provided, at the time of construction of any building or structure, or the establishment of any use, or at the time any building, structure or use is altered, enlarged and/or increased in capacity, minimum off-street parking facilities as required by this section.

   (b)   Schedule. Off-street parking shall be provided according to the following schedule:

   *Industrial parking requirements may be decreased by the Planning Commission when evidence is provided that the proposed use does not warrant the required parking.

   Any use not specifically set forth herein shall have such parking facilities as the Planning Commission may require, consistent with the facilities permitted for similar uses. It shall be the intent of this section to provide spaces at least sufficient for the vehicles of the employees and patrons of any business.

   (c)   Collective Parking. Spaces shall be located on the same lot with the building or use they are intended to serve, except that easements or restrictive covenants may be made for parking on adjacent lots or for the collective provision of parking facilities with the approval of the Administrator. Collective parking facilities shall provide at least the minimum total number of spaces required for all of the buildings or uses sharing the facilities.

   (d)   Access Drives and Aisles. Adequate and safe access to parking areas shall be constructed, as approved by the Administrator. Access drives shall be surfaced as required for parking areas. Curb cuts onto public rights-of-way shall be permitted only as approved by the Public Service Director.

      (1)   Individual properties shall not have more than one curb cut per frontage to a dedicated right-of-way, unless additional curb cuts are approved as part of the development plan.

      (2)   Driveway turnouts shall not cross over an extension of the property line at the curb line.

      (3)   Access drives shall be located such that they are the maximum distance possible from street intersections, consistent with internal circulation requirements.

      (4)   The design and location of shared access drives shall be as established by the development plan.

      (5)   Access drive widths shall be as follows:

         A.   Width of access drive       Commercial/
            at right-of-way   Residential   Industrial (ft.)

            One-way minimum     ---       12

                maximum    10       18

            Two-way minimum    ---     22

                maximum    20    32

         B.   Width of one-way drive
            aisle with angle parking

               30 degrees      ---    15

                45 degrees         ---    15

               60 degrees      ---    18

               90 degrees      ---     22

   (e)   Surface. All parking areas shall be improved with a compacted macadam base, not less than four inches in depth, surfaced with asphaltic concrete or some comparable, durable, all-weather dustless material. Parking areas shall be graded and drained to minimize standing water to provide positive drainage away from buildings and to prevent runoff onto adjacent properties. Every commercial, retail and industrial parking lot shall have pavement markings to delineate spaces.

   Parking areas required for single-family residential lots may be surfaced with gravel.

   (f)   Setbacks From Right-of-Way. In all districts, sufficient space shall be provided in parking areas so that vehicles do not hang over or extend into the public right-of-way. In Commercial Districts, a minimum setback of five feet shall be maintained between the right-of-way and the paved parking area, and car stops or curbs shall be provided on spaces facing the right-of-way. Landscape plans may be requested by the Administrator and approved by the Planning Commission.

   Parking areas in Industrial Districts shall not be located between the right-of-way and the setback line, provided, however, that the Planning Commission may permit limited parking in the setback, provided that such parking has a minimum setback of thirty feet and is mounded and landscaped in conformance with a detailed landscape plan submitted with the development plan and approved by the Planning Commission.

   (g)   Loading Spaces. Loading spaces having a minimum width of twelve feet shall be provided on all sites having loading facilities. Loading spaces shall be located and designed to minimize interference with on-site traffic circulation and to prevent overhang of loading and unloading vehicles into the public right-of-way.

   (h)   Illumination. Any parking lot intended to be used during non-daylight hours shall be illuminated. Illumination of parking lots shall be so arranged as to reflect light away from adjacent properties.

   (i)   Vehicles in Residential Districts.

      (1)   Vehicles or trailers of any kind without current license plates shall not be stored on residentially zoned property, except in completely enclosed buildings.

      (2)   Recreational vehicles shall not be parked between the right-of-way and the front of the main structure in Residential Districts. On corner lots, recreational vehicles shall not be parked between the right-of-way and the side setback line. A minimum three-foot setback shall be maintained from the side line of interior lot lines.

      (3)   No more than one inoperable vehicle (i.e. a vehicle unable to move under its own power) shall be stored on a residential property, except within a fully enclosed building.

(Ord. 2337. Passed 10-20-92.)

      (4)   No more than one commercial vehicle may be parked on a residential property. No commercial trailers shall be parked on a residential property.

(Ord. 2551. Passed 6-23-97.)

   (j)   Garages Required.

      (1)   For all single-family dwellings of 900 square feet or greater, and for each unit of all duplexes, at least one of the required parking spaces shall be in a completely enclosed garage.

      (2)   For multifamily dwellings, at least one space shall be provided in a completely enclosed garage for each dwelling unit, provided, however, that carports may be provided in lieu of completely enclosed garages with the approval of the Planning Commission.

   (k)   Parking in Residential Districts.

      (1)   Parking shall not be permitted in the front setback of any Residential District, except for:

         A.   Driveways, including surfaced turning areas; and

         B.   An accessory parking area in the side yard. The accessory area shall be set back three feet from the property line.

      (2)   The rear yard may be used for parking, but only in an area that is a direct access to an attached or unattached garage. However, no more than ten percent of the rear yard may be paved or surfaced. There shall be a minimum five-foot side setback and fifteen-foot rear setback.

      (3)   Driveways serving a lot which abuts a County or State route may be provided a turning area so that a vehicle may be driven forward onto the street, with the approval of the Planning Commission.

   (l)   Commercial Parking in Residential Districts. Parking to serve commercial or industrial enterprises may be permitted in Residential Districts with the approval of the Planning Commission, provided that:

      (1)   The area to be used for the parking shall directly abut the property to be served by the parking space.

      (2)   The residential land does not contain a residential dwelling.

   In granting such approval, the Planning Commission shall require a site plan indicating screening and landscaping to buffer the impact of the commercial or industrial use on any adjoining residential properties. The Planning Commission may require additional landscaping, buffering and/or screening as it deems necessary.

(Ord. 2337. Passed 10-20-92.)

   Temporary events which are not normally permitted in the district in which they are proposed may be permitted in any zoning classification, provided, however, that no such temporary event shall take place except with a conditional use permit issued by the Planning Commission.

(Ord. 2337. Passed 10-20-92.)

   (a)   In any district, the front of a corner lot shall be deemed to be the shorter of the two sides fronting on streets.

   (b)   The minimum setbacks on the side facing the side street shall be thirty-five feet, except in commercial zones where it shall be thirty feet.

   (c)   The minimum lot width for corner lots shall be fifteen feet greater than the width required for interior lots in the same zone.

(Ord. 2337. Passed 10-20-92.)

   The Planning Commission may, as part of the approval of a subdivision, permit the creation of lots with areas and/or widths less than required by this chapter where, due to conditions peculiar to the property, strict compliance would constitute an unnecessary hardship.

(Ord. 2337. Passed 10-20-92.)

   The height limitations contained in the Schedule of District Regulations, as set forth in Section 1268.05, do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof and are not intended for human occupancy, except that the height of such structures shall not exceed sixty feet above grade, unless approved by the Planning Commission.

(Ord. 2337. Passed 10-20-92.)

   (a)   Intent, Purpose and Boundaries. It is the intent of this section to allow for and regulate the establishment of accessory living quarters in Single Family Residential Districts while protecting the integrity and character of the residential structures and areas.

   (b)   Required Conditions for Accessory Living Quarters in Single Family Districts.

      (1)   No additional Municipal number (mailing address).

      (2)   No separation of any utilities serving the main residence.

      (3)   No person, other than members of the family, caregivers or medical staff, shall reside on the premises.

      (4)   No renting or leasing the accessory living quarters.

      (5)   No more than one accessory living unit per property shall be permitted.

      (6)   Property line setbacks for unit shall be the same as district regulations.

      (7)   Site plan, floor plan and elevations must be submitted for administrative review and permit.

(Ord. 2769. Passed 5-13-02.)