Please refer to Tables 2-A, 2-B and 2-C in section 30-512 for a listing of the yard and bulk requirements. Refer to Tables 17C-1 and 17C-2 in section 30-512 for yard and bulk requirements for shoreland districts.

(Code 1978, § 23.6(A); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Permitted exceptions. The following structural appurtenances shall be permitted to exceed the height restrictions for the district provided they do not impair the solar access of buildings on adjoining properties and are not used for human occupancy or commercial enterprise:
   1. Ornamentation such as church spires, belfries, bell towers, cupolas, domes, monuments and flagpoles.
   2. Mechanical appurtenances such as solar collectors, chimneys, smoke stacks, public utility facilities, elevator and stairwell penthouses, aerials, radio and television antennae and cooling towers.
   3. Security fences or walls in the R-3, SR-3, R-4, SR-4, GB, SGB, CBD, BP, SBP and I zones, shall be permitted to a height of 12 feet provided that any fence or wall over six feet in height meets the setback requirements for buildings. No barbed wire shall be permitted on any fence at a height of less than seven feet from the finished grade level. Within BP and I zones, security fences or walls up to six feet in height shall not be located nearer than two feet from any property line.
2. Required reduction. Refer to airspace overlay regulations, section 30-701.

(Code 1978, § 23.6(B); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007; Ord. No. 12-06-07, Exh. D, 6-11-2012; Ord. No. 16-05-05, Exh. C, 5-23-2016)

1. Permitted yard encroachments. No yard or required open space shall be so reduced in area or dimension so as to make any such area or dimension less than required by this article. If already less than the minimum required, a yard shall not be further reduced. The following encroachments into required yards shall be permitted:
   1. Special structural elements attached to the principal building such as chimneys, solar collectors, flues, belt courses, sills, pilasters, lintels, ornamental features, cornices, eaves and gutters provided they do not extend more than two and one-half feet into a yard.
   2. Yard lights in R districts not closer than five feet to the front lot line and lights in all districts for illuminating parking areas, loading areas or yards for safety and security purposes provided the direct source of light is not visible from the public right-of-way or adjacent residential property.
   3. Planting and ornamental landscape features.
   4. Terraces, steps, decks, sidewalks, uncovered porches and patios at a level no higher than the height of the ground floor level of the principal building provided as follows:
      1. The average floor elevation shall not exceed a height of three feet above the ground at the ground floor elevation.
      2. No portion of the decked, paved or sidewalk area is closer than two feet to any lot line. Deck railings shall not exceed the maximum height above deck grade allowed for walls and fences.
   5. Fences, walls and hedges which do not exceed a height of three and one-half feet provided they are no closer to a street or alley line (property line) than two feet. Fences, walls and hedges up to six feet in height above grade shall be permitted provided such fence is located no closer than two feet to an alley line and is no closer to a street line than the minimum distance required for a building. (Any border fence located within two feet of the common lot line shall be within six inches of such common line.) The finished side of the fence must face the exterior of the lot. Barbed wire or similar materials on fences shall be prohibited within R zones except as permitted in section 30-592(a)(3).
   6. Balconies in rear yards. Balconies may project into a required front or street side yard a distance not to exceed five feet.
   7. Detached picnic shelters, open arbors and trellises, recreation equipment, unenclosed stairways and fire escapes may project only into a required rear yard and shall conform to setback requirements for accessory buildings (refer to Table 2-B in section 30-512).
   8. Canopies, marquees and awnings may be erected in any commercial district provided the following conditions are met:
      1. Minimum clearance of eight feet above ground.
      2. Shall maintain a minimum distance of three and one-half feet from the face of the curb to the front of the awning, canopy or marquee.
   9. Covered porches in front yards providing the following conditions are met:
      1. Covered front porches may project into a required front yard a distance not to exceed ten feet.
      2. Covered front porches shall not be used as year round living space and shall contain no plumbing or mechanical systems.
      3. Covered front porches shall not have basements.
      4. Covered front porches shall not be higher than the existing principal structure.
      5. Property is zoned either: RR, SRR, R-1, SR-1, R-1a, SR-1a, R-2, or SR-2.
2. Required side and rear yard enlargement.
   1. Corner lots. Where a side yard abuts a street which is adjacent to the front yard on one or more residential lots on the same block, such side yards shall be a minimum of 30 feet. The same yard dimension determined for a side yard shall apply to structures in the rear yard.
   2. Through lots. Through lots shall provide the required front yard on both streets.
   3. Business and industrial buildings. For business and industrial buildings exceeding 35 feet in height in all but the I-1 or SI-1 districts and located on a lot adjoining an R district, any such building shall be set back from the interior side or rear lot line abutting such R district a minimum of one additional foot for each foot of building height in excess of 35 feet. Where there is an intervening alley, half the alley right-of-way may be subtracted from this computation.
3. Permitted yard reduction and required expansion.
   1. In an R district where 40 percent or more of the lots on any block are developed with buildings, the average front yard for the block shall be computed. Where the average is less than the required front yard, the average or 20 feet, whichever is greater, shall be the required front yard. Where the average is greater than the required front yard, the average shall be the required front yard.
   2. In a GB or SGB district where 40 percent or more of the lots on any block are developed with buildings, the average street-side yard for the lots abutting the street on a block shall be computed. Where the average street-side yard of the lots abutting the street on a block is less than the required yard for the street side of the lots, the average yard shall be the required yard for the street-side of a lot, for buildings and parking.
4. Supplementary density, building height, lot coverage and open space regulations, senior citizens housing.
   1. Lot density and building height. A doubling of density and building height shall be permitted.
   2. Lot coverage. Up to 40 percent of the site may be covered with buildings.
   3. Usable open space. Not less than 50 square feet per dwelling unit shall be required.
5. Parking and storage of motor vehicles and major recreational equipment for single and two-family residential uses.
   1. No motor vehicles or major recreational equipment shall be parked or stored on any lot except upon a driveway surface, or within an accessory structure, or upon the interior and rear yard areas, subject to the required minimum setbacks for accessory structures in section 30-512, Table 2-B and is not located any closer to the front or street side lot line than the principal structure. It is further provided, however, that motor vehicles and major recreational equipment may be parked anywhere on residential premises for a period not to exceed 24 hours for the purposes of loading or unloading.
      1. When the average height of a motor vehicle or major recreational equipment exceeds six feet, its parking or storage upon a driveway surface shall be limited to that portion of the driveway surface located beyond the front lot line or beyond a distance of 20 feet from the public roadway with which it connects, whichever distance from the public roadway is greater.
6. Outdoor display of merchandise. The outdoor display of merchandise shall be limited to GB or SGB districts subject to the following conditions:
   1. The display area shall be located immediately adjacent to the principal structure and only on the side of the building which contains a main entrance.
   2. The display area shall not extend more than five feet out from the building and shall not exceed four feet in height.
   3. The display area shall not take up required parking spaces or landscaping areas of the principal use.
   4. The display items shall consist solely of products sold or distributed within the principal structure by the occupant thereof.

(Code 1978, § 23.6(C); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007; Ord. No. 15-07-05, Exh. B, 7-27-2015)

1. Purpose and intent. The inclusion of landscaping standards in this article is designed to promote the health, safety and general welfare of city residents and property owners. Effective landscaping and buffering can greatly enhance an area's visual appeal. Buffering can minimize the adverse impacts of intensive land uses. It can also protect adjacent land uses from excessive noise, light, litter, and traffic.
2. Scope of applicability. The requirements of this article shall apply to all uses, structures, or properties constructed, extended, enlarged, moved, or altered, with the exception of properties zoned RR, SRR, R-1, SR-1, R-1a, SR-1a, R-2, or SR-2. All open areas not used or required for buildings, off-street parking, drives or storage shall be landscaped with a combination of conifers and deciduous trees, shrubs, flowers, ground covers and grass. One- and two-family dwellings permitted in any zone shall be exempt from the requirements of this section.
3. Bufferyards. Plant materials and fencing required in the installation of bufferyards shall be determined in accordance with Table 3-A, bufferyard components. They shall be located within the required front, side and rear yards, and the type of bufferyard required between zoning lots shall be determined in accordance with Table 3-B, bufferyard requirements by location.
4. Maintenance of bufferyards. Shall consist of all acts necessary to ensure that areas remain useable as originally designed and that no hazards, nuisances or unhealthy conditions exist. Where screening with landscape materials is proposed in lieu of required walls or fences, all materials shall have a minimum opacity of 90 percent year-round. The owner shall have the responsibility to maintain all such screening.
5. Bufferyards and street tree credits. When existing trees, buffers or other landscape materials exist, the developer may receive credit for such trees, buffers, or landscape materials, provided they are maintained in accordance with the requirements of subsection (d) of this section. The zoning administrator, upon receipt of a written request and submittal of a survey of existing trees, landscaping or buffers, may waive the landscaping and bufferyard requirements to the degree that the waiver is consistent with the intent of this article.
6. Minimum standards for landscaping/buffering materials.
   1. Minimum plant sizes are established as follows:
      
      

      Canopy trees:	Two inches at six inches above ground
      Evergreen trees	60″ in height
      Understory trees	1-1/2″ caliper at six inches above ground
      Shrubs:
      Deciduous:	24″ in height
      Evergreen:	18″ in height

   2. All plant materials shall conform to the standards of the American Association of Nurserymen and be planted in accordance with the standards of the American Institute of Architects.
   3. At least 33 percent of the plant materials required in the understory/evergreen category of Table 3-A, see section 30-512, shall be evergreen trees.
7. Dumpster/trash can screening. All dumpsters, trash cans, incinerators, etc., shall be screened from public view with a fence, wall or other enclosure six feet in height with a minimum of 90 percent opacity. The dumpster area may not extend into a front yard or street side yard space, but may extend into any other required yard provided it is at least five feet from the property line.
8. Outdoor storage of materials/merchandise. Any outdoor storage of materials and merchandise not available for immediate sale shall be screened from public view with a fence, wall, other enclosure, or vegetative screening at least six feet in height with a minimum of 90 percent opacity. Such storage area shall not be located in the front or street side yard space or encroach into the required yard space specified for that zoning district.

(Code 1978, § 23.6(D); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Purpose and intent. The purpose of this section is to ensure the preservation of significant trees or woodlot in order to protect the unique natural environment of the city.
2. Scope. The requirements of this section shall apply to all uses, structures, or properties constructed, extended, enlarged, moved, or altered, with the exception of properties zoned AG, RR, SRR, R-1, SR-1, R-1a, SR-1a, R-2 or SR-2.
3. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   Dripline means the farthest distance around and away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of that tree.
   Significant tree means any healthy tree that has a trunk diameter of at least eight inches, four feet above the ground.
   Vegetation means all plant growth, especially trees, shrubs, mosses or grasses.
   Woodlot means any treed lot or portion of lot containing significant trees as defined in this subsection.
4. Tree plan required. A tree plan shall be required with any city application which would result in the loss of significant trees, or all or part of a woodlot. This plan shall show the existing woodlot, identify the sizes and species of any significant trees and indicate which trees are to be removed. The application shall show on the tree plan and on the site, the limits of proposed grading activity near a significant tree or woodlot to be preserved. These grading limits shall not encroach upon the driplines of the trees to be preserved in the woodlot. City staff may submit the plan to a tree expert for a recommendation. Any costs shall be paid for by the developer.
5. Woodlot alteration permit. A woodlot alteration application shall be submitted to the zoning administrator for any alteration of a woodlot that is not reviewed in another application. The applicant shall submit a tree plan and any other information needed to determine compliance with this section. Specific requirements shall be stated on an application form in the office of the zoning administrator. An application fee shall be established by the city council by resolution from time to time. The zoning administrator may approve a woodlot alteration permit which complies with this section. The administrator's decision may be appealed to the board of zoning appeals in writing by any affected party within ten days of the director's written decision.
6. Allowable tree removal. Significant trees that are lost and/or removed beyond the allowable amount as defined in this section shall be replaced in accordance with section 30-595(g).
   1. Developments in R-3, SR-3, R-4, and SR-4 zones may remove or disturb up to fifty percent of the significant trees. Any removal or disturbance beyond this threshold will require reforestation or restitution.
   2. Non-residential developments, including developments in the MU or SMU zones, may remove or disturb up to 60 percent of the significant trees on the site. Any removal or disturbance beyond this threshold will require reforestation or restitution.
   3. Significant trees to be removed for rights-of-way for arterial or major collector roadways shall not be counted as trees being removed for purposes of determining whether the allowable tree removal threshold as been exceeded.
7. Approval standards. Development shall be designed to preserve significant trees and woodlots, where such preservation would not affect the public health, safety or welfare. The city may prohibit removal of all or a part of a woodlot or significant trees, where such removal is contrary to the intent of this section. In addition, nothing in this section shall prevent building on an existing lot of record, provided that such building shall be designed to save as many trees as possible. This decision shall be based on, but not limited to the following criteria:
   1. Size.
   2. Species, health and attractiveness of the trees, including:
      1. Sensitivity to disease.
      2. Life span.
      3. Nuisance characteristics.
      4. Sensitivity to site grading.
   3. Potential for transplanting.
   4. Need for thinning a woodlot.
   5. Effect on the functioning of a development.
   6. The public health, safety and welfare.
8. Reforestation/Restitution.
   1. If significant trees are cut, they should be replaced at a ratio of three to one, 3:1 in the subdivision or site, exclusive of a required planting screen or bufferyard. If an appropriate location is not available on the site, the property owner may make a payment to the tree preservation and reforestation fund at the same replacement ratio of three to one. The funds shall be used only for purchasing and planting trees on public property or acquiring or managing wooded property that shall remain in a natural state in perpetuity. The amount of the payment for each replacement tree required shall be based on a schedule, which sets forth the average cost of a significant tree added to the average cost of planting a significant tree but no less than $400.00. The schedule may be periodically updated by the city without changing this ordinance for which this article derives.
   2. If any significant tree in a woodlot is cut, damaged or the area within the tree's dripline has been encroached upon by grading equipment without city authorization, the city may require planting of two new trees. If an appropriate location is not available on the site, the property owner may make a payment to the tree preservation and reforestation fund in the same manner as described in section 30-595(h)(1) above. In addition, if the city determines that a damaged tree will probably not survive, it shall be removed by the developer.
   3. Any trees required to be planted shall be varied in species, shall maximize the use of species native to the area, shall not include any species under disease epidemic and shall be hardy under local conditions. Trees shall be at least two inches in diameter for deciduous trees and five feet tall for coniferous trees.
   4. Installation of trees shall follow industry standards and shall not be planted within an area such that the mature canopy of the tree will be within ten feet of overhead utility lines; within five feet of underground public utility lines; or within five feet of a fire hydrant.
   5. Any trees required to be planted shall be replaced by the owner if they die or appear to be dying within one year of planting.
   6. Before any construction or grading takes place, snow fencing or erosion control fencing shall be placed around the borders of woodlots or the driplines of large trees to be preserved. Signs shall be placed along this fence line prohibiting grading beyond the fence line.
   7. The city may require other conditions of approval to ensure compliance with the intent of this section.
   8. A cash escrow, bond or letter of credit to guarantee the replacement of significant trees or woodlots shall be submitted prior to the issuance of a grading permit. The amount of the financial guarantee shall be calculated as follows: one hundred percent of the cost of planting all of the significant trees required and an amount to guarantee preservation of trees within 15 feet of the disturbance zone calculated by multiplying the number of replacement trees required if any are disturbed by the established schedule of restitution by 0.25. The minimum financial guarantee shall be $1,000.00. The amount of the financial guarantee shall be maintained at the calculated level until the zoning administrator as authorized a reduction or release.

(Code 1978, § 23.6(E); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Intent and scope of applicability. It is the intent of these standards to promote the safe and efficient storage, circulation and channelization of motor vehicles development on-site. The standards of this section shall apply to the design of all parking areas.
2. Street access. Each parcel shall be granted at least one curb cut per street which abuts that parcel. However, up to two curb cuts may be permitted on any one street provided that one of the accesses is designated as an entrance and the other as an exit. The location/design of curb cuts shall be reviewed and approved by the city engineer and other governmental agencies, as needed, to comply with applicable planning and engineering standards, including the Trunk Highway 169 South Access Management Plan and the Institute of Transportation Engineers publications, as deemed necessary. The number and width of access drives shall be located to minimize traffic congestion and abnormal traffic hazards. In the absence of specific recommendations, the location/design of curb cuts shall be restricted as follows:
   1. No closer than 50 feet to any existing curb cut.
   2. No closer than 50 feet to the curb return of any street/alley intersection.
   3. No curb cut shall exceed 33 feet in width.
   4. One-way curb cuts shall not exceed 16 feet in width.
3. Setbacks/landscaping. All parking lots shall be set back from the property lines as prescribed by Table 2-C in section 30-512. The following landscape requirements shall also apply:
   1. Setback areas adjacent to a public street right-of-way shall be maintained as a type C bufferyard or meet the requirements of Table 3-B in section 30-512, whichever is greater.
   2. Side and/or rear setback yards shall be landscaped in accordance with the bufferyard requirements of Table 3-A and Table 3-B in section 30-512.
   3. Parking lots designed for equal or more than the number of cars shown in the Threshold Column of Table 2-C in section 30-512, shall be required to provide interior landscaping as identified. The landscape area provided as required in section 30-596(c)(3) can be counted as landscaped area needed to meet this provision. Each landscaped area contained within the perimeter of a parking lot shall be no less than 150 square feet in size, and shall have a minimum dimension of nine feet.
   4. Minimum planting requirements are one canopy or evergreen tree per 150 square feet of landscaped area. Plantings shall be guided by the examples of acceptable plantings in Appendix 1. Refer to section 30-512. Ground cover in landscaped areas shall be of natural materials such as grasses or mulch to assist with the health and growth of tree plantings. The sole use of landscape rock, gravel or similar hardscape materials is prohibited.
   5. Two property owners may jointly develop a parking lot overlapping a common lot line without meeting the required setbacks on their respective side of the lot line, provided the following conditions are met:
      1. The entire parking lot is developed as a single project.
      2. Jointly developing a parking lot will result in an increase in the number of parking spaces over two individually developed lots meeting the setback requirements, or would result in safer traffic patterns.
      3. The property owners agree to a single curb cut for access, as per subsection (b) of this section, for the two or more parcels.
      4. The property owners file, with the county recorder's office, a binding agreement addressing joint use.
   6. Two or more property owners who have their parcels separated by an alley may jointly develop a parking lot on both sides of the alley allowing vehicles to back into the alley, provided all of the following conditions are met:
      1. Additional right-of-way easements must be granted to the city on both sides of the existing alley to increase its width to 24 feet. It shall be the responsibility of the property owner(s) to obtain the necessary easements for the city. The easements shall cover the entire width of the owner's lot, as well as the lot(s) across the alley from the owner(s), and must extend to a connection with a developed public street. The easements must be approved by the city attorney prior to acceptance by the city.
      2. The parking lot design must provide for "head in" parking.
      3. It shall be the responsibility of the adjacent property owners to pave the alley in accordance with the city's standards. The pavement of the alley, in its required width, shall extend to the public street.
      4. Other setbacks, landscaping requirements, and design requirements shall still apply to this type of parking lot. The required rear bufferyard shall be constructed at the head of the proposed parking stalls. The parking stalls shall be limited to 19 feet deep.
      5. This parking lot design option will not be applicable in situations where an alley is the dividing line between a commercial and a residential zoning district.
4. Surfacing. All parking lots other than for a single- or two-family residential use shall be paved with a concrete or bituminous surface in accordance with standards as established by the city. Permeable pavement or pavers are acceptable surfacing materials when approved by the city engineer and installed according to manufacturer's specifications to achieve the desirable permeability. All parking spaces shall be striped (four-inch width minimum) with suitable paint in accordance with approved plans.
5. Maneuvering lanes. Parking lots may be designed with one- or two-way traffic maneuvering lanes. Each parking space shall have direct unimpeded access to a maneuvering lane and dead-end maneuvering lanes shall only be permitted with the 90 percent degree pattern which is designed to accommodate two-way traffic. Backing from a parking lot directly into a street shall be prohibited.
6. Curb and gutter and/or barriers. In the interest of efficient lot utilization, to minimize traffic conflicts, and to channelize the flow of traffic and clearly define parking spaces, all parking lots shall have curb and gutter and/or barriers as prescribed as follows:
   1. Concrete curb and gutter shall be provided along the edges of any driveway leading from a public right-of-way to a parking and/or loading area, except if the right-of-way is a rural section which is not expected to be improved with curb and gutter in the future. Alternatives to concrete curb and gutter may be used for driveways when approved by the city engineer. Alternatives may be incorporated when there are benefits to areas such as stormwater management and these benefits will not unduly pose problems to traffic flow and safety;
   2. Concrete curb and gutter shall be required along any edge of a parking lot adjacent to a landscaped area where a traffic lane, or parallel parking is situated adjacent to the edge of parking lot, except when other alternative designs that provide benefits to stormwater management are approved by the city engineer and/or are permitted by subsection (f)(5) of this section.
   3. Where parking is situated perpendicular or diagonal to the edge of a parking lot, a concrete wheel curb, or equivalent, shall be provided not less than two feet from the edge of the pavement.
   4. All required interior landscaping shall be protected with concrete curb and gutter, except as permitted by subsection (f)(5) of this section.
   5. In lieu of providing concrete curb and gutter required in subsections (f)(2) and (f)(4) of this section, treated landscape timbers may be used provided that:
      1. Minimum depth of four inches below depth of surface.
      2. Minimum height of eight inches above the surface of the pavement.
      3. The minimum nominal dimension of landscaped timbers shall be six inches and only rectangular shaped timbers shall be used.
      4. The area immediately behind the timbers away from the paving surface shall be backfilled with suitable materials to within two inches of the top of the timbers.
      5. In addition to landscape timbers, interlocking concrete retaining wall blocks may be used to provide edge definition, provided that a minimum height of 20 inches along the surface of the parking lot is maintained. Backfilling requirements shall be the same as subsection (f)(5)d. of this section.
7. Drainage. All parking lots shall have a drainage system which is approved by the city engineer.
8. Lighting. Shall be so arranged to deflect the light away from R districts so that the source is not visible. All lighting cable shall be placed underground and shall be installed in compliance with the state electrical codes. The average minimum illumination of two footcandles at the parking surface shall be required. The maximum illumination as measured at property lines shall be one footcandle.
9. Maintenance. It shall be the joint responsibility of the operator and owner of any principal use to maintain, in a neat and aesthetic manner, the parking space, accessway, landscaping and required fences and walls.

(Code 1978, § 23.6(F); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007; Ord. No. 15-07-05, Exh. C, 7-27-2015)

1. Permit requirements. Unless having been issued a building permit for new residential home construction, all new driveway construction, re-construction or alteration, driveway extensions or parking area construction for vehicles and equipment stored outside must file and receive zoning permit approval by the zoning administrator or their designee.
2. Surface parking and driveways in RR, SRR, R-1, SR-1, R-1a, SR-1a, R-2 and SR-2 districts. Surface parking shall not be permitted within the setbacks required for accessory buildings (refer to Table 2-B in section 30-512) except within a normal driveway area.
3. Maximum width. Residential lots are allowed one driveway with a maximum width of 24 feet at the property line and 36 feet within the lot. Loop or U-shaped driveways are permitted at the discretion of the city engineer or other authorized agent, so long as the total driveway width at the property line does not exceed 24 feet (example: width of 12 feet at the property line for each access point).
4. Vehicular turn-around. One 12-foot by 20-foot hard surfaced area for vehicular turn-around purposes adjacent to the driveway shall be permitted in the front yard. The vehicular turn-around is in addition to the maximum requirement for driveway width within the property, but is not allowed to be built in such a way that would exceed the driveway width at the property line of 24 feet.
5. Parking area. One 400-square-foot hard surfaced area adjacent to a garage or driveway for parking purposes shall be permitted. Such area shall not be located in front of the living area of the dwelling. The parking area is in addition to the maximum requirement for driveway width within the property, but is not allowed to be built in such a way that would exceed the driveway width at the property line of 24 feet.

(Ord. No. 15-07-05, Exh. C, 7-27-2015)