The regulations set forth in this article modify, supplement or qualify the regulations appearing elsewhere in this chapter.

(Ord. of 4-23-96; Ord. of 6-22-10(3))

(a)

Architectural treatments and functional elements, including, but not limited to: chimneys, moldings, rain gutters, downspouts, roof eaves, buttresses and bay windows, shall be allowed to project not more than two (2) feet, eight (8) inches into the required yard setback, provided they do not include additional floor space.

(b)

Fire escapes and other required means of egress from any building may project into a required yard setback, provided that they are uncovered and unenclosed.

(c)

Terraces, patios, uncovered porches, decks, uncovered swimming pools and other similar features may project into a side or rear yard provided these projections are at least five (5) feet from any adjoining property.

(d)

An open, unenclosed and uncovered porch or paved terrace may project into the front yard for a distance of not more than one-third (⅓) of the front setback.

(e)

Uncovered and/or unenclosed service station fuel pumps and pump islands, and all other volatile pump systems, may be located within the front setback requirements. provided they are not less than fifteen (15) feet from any property line or easement, and not less than fifty (50) feet from the property line of any dwelling or dwelling district. Covered or enclosed pump operations are not classified as accessory buildings and shall comply with standard principal building setbacks, for the district concerned.

(f)

Except in the R-8 Small Lot Residential District, where a lot of record is less than sixty (60) feet in width as measured at the point of required front setback, each required side setback for internal lot lines may be reduced to not less than five (5) feet unless otherwise superseded by building regulations.

(g)

All unimproved lots parcels of land situated within the R-2 Residential District (article I) and which were not improved with permanent structures prior to the effective date of this chapter, but upon which a plan of development had been submitted to and reviewed by the planning commission prior to the effective date of this chapter, may be improved by building permits issued in compliance with the requirements for R-2 districts as found within the preceding zoning ordinance as last amended March 13, 1984, upon final approval of plans by the planning commission and city council. Said parcels subject to these conditions, however, shall be improved by issuance of building permits within a period not to exceed two (2) years from the effective date of this chapter and thereafter shall comply with applicable R-2 requirements of this chapter.

Exception: Unimproved parcels designed, approved and recorded pursuant to a plan of development under townhouse regulations shall not be limited to the two (2) years required for commencement of construction or to the applicable requirements of this chapter.

(h)

Private refuse collection facilities (i.e. dumpsters, trash compactors, and areas storing multiple waste receptacles, etc.) shall meet the following requirements:

(1)

[Required.] The boundaries of the designated point of collection are considered the entire area that must be screened, measured from the outside boundary of the required screening.

(2)

Location on parcels with principal buildings. Designated point(s) of collection:

(i)

Shall not be located in any yard adjoining a developed public street; except on through lots, where it may be located in the established rear yard and meet principal building setbacks;

(ii)

Shall be no closer than five (5) feet from any property line not adjoining a developed public street, except in the B-1 district where there is no minimum distance from such lines; and

(iii)

Shall not be located within the limits of a required fire lane.

(3)

Location on parcels without principal buildings. Designated points of collection:

(i)

On common area parcels shall be no closer to a property line adjoining a developed public street than the principal building closest to the property line adjoining the same developed public street within the same development, shall be no closer than five (5) feet from any other property lines, and not be located within the limits of a required fire lane.

(ii)

Within the B-1 district shall be no closer than 20-feet from a property line adjoining a developed public street, has no minimum distance from other property lines, and not be located within the limits of a required fire lane.

(4)

Screening. The designated point of collection shall be screened by opaque fencing, walls, or other structural enclosures that are equal to or greater than the height of the container(s) placed within the storage area. Such screening shall include a closable gate with a maximum 6-inch spacing at the bottom of the gate to the ground surface. The definition of screening described in section 10-3-24 does not apply to the requirements of this subsection.

(Ord. of 4-23-96; Ord. of 7-23-02; Ord. of 6-25-19(4); Ord. of 7-23-24)

The height regulations heretofore established will be adjusted in the following cases:

(1)

The height limitations of this chapter shall not apply to the architectural features such as chimneys, spires, etc., and necessary accessory structures such as water towers, smoke-stacks and conveyors which are incidental to uses permitted in nonresidential districts.

(2)

The limitations on the number of stories shall not comply to buildings and structures not intended for human occupancy, but heights shall be governed by technical and environmental standards.

(Ord. of 4-23-96)

The setback regulations heretofore established shall be adjusted in the following cases:

(1)

On through lots the rear yard of a lot improved with a main building shall be subject to building setback regulations for front yards.

(2)

Corner lots shall provide a setback equal to the required front setback for all yards adjoining a public street; provided, however, that the setback regulations shall not reduce the buildable width of a lot to less than fifty (50) percent of lot width and measured at the point of required setback line.

(3)

Where the frontage on one side of a street between two (2) intersecting streets is improved with principal structures having setbacks less than the required setback permitted, the required setback may be reduced to the average setback so established, or the average setback of the two (2) nearest principal structures on the same side of the street.

(Ord. of 4-23-96; Ord. of 8-26-03)

This section is intended to supplement and modify the regulations for townhouses as stated in district regulations.

(1)

Each townhouse group of more than four (4) attached units shall have a minimum side yard setback of fifteen (15) feet for each end unit. Groups of four (4) or less attached units shall comply with minimum side yard setback regulations for end units as otherwise required for the zoning district in which they are built; except in the R-8, Small Lot Residential District the minimum side yard setback may be reduced when there is an approved special use permit per section 10-3-59.4(11).

(2)

End lots for a group of more than four (4) attached units that are not considered corner lots, shall be planned to ensure a minimum separation of thirty (30) feet between the townhouse group and all other buildings on adjoining lots; except in the R-8, Small Lot Residential District the minimum separation between the townhouse group and other buildings on adjoining lots may be reduced when there is an approved special use permit per section 10-3-59.4(11).

(3)

The exterior facades of all townhouse units shall be varied in material and design so that no more than two (2) abutting units will have the same architectural appearance and front yard setback depth. Varied front yard setbacks shall not be less than two (2) feet offset from adjoining units as measured at the principal foundation line of each unit, and no setback distance shall be less than the required minimum.

(4)

Approval of the plan of development for any townhouse complex wherein certain units are designed to the exact minimum conditions permitted for lot size and/or setbacks shall suggest that variances for future alterations or additions will not be supported by the city.

(5)

If a townhouse development includes common areas in addition to the townhouse lots, the common areas shall be maintained by, and be the sole responsibility of, the developer-owner of the townhouse development until such time as the developer-owner conveys such common areas to a nonprofit corporation owner whose number shall be all of the individual owners of the townhouses in the townhouse development. This land shall be conveyed to and be held by such nonprofit corporate owner solely for the recreational and parking purposes of the owners of the individual townhouse lots in the development. In the event of such conveyance by the developer-owner to a nonprofit corporate owner, deed restrictions and covenants shall provide, among other things, that any assessment and/or charges for cost of maintenance of such common areas shall constitute a prorate lien upon the individual townhouse lots. Maintenance of townhouse exteriors, lawns, special lighting and drainage for common areas shall be provided in a manner so as to discharge any responsibility for the city.

(6)

Townhouse developments that include rear yard garage structures, detached from the principal structures, are permitted when approved as part of a preliminary plat or site plan and shall be designed such that each garage unit shall occupy no more than fifty (50) percent of the rear yard area and shall be separated by no less than fifteen (15) feet from the principal structure. No more than two (2) abutting garage units shall have the same rear setback depth; varied rear yard setbacks shall not be less than two (2) feet offset from adjoining garage units as measured at the principal foundation line. The minimum building setback requirement for such garages shall be five (5) feet, except that is shall be zero (0) with respect to interior side lot lines and thirty (30) feet from any lot line that abuts a public street.

(Ord. of 4-23-96; Ord. of 2-22-05, § 1; Ord. of 11-25-08(4); Ord. of 3-13-12(28); Ord. of 12-10-24)

(a)

In residential districts, except portable restroom facilities, which are further restricted in this section. Accessory buildings in residential districts may be built in a rear yard, but such accessory buildings shall not occupy more than thirty (30) percent of the required rear yard and shall not be less than five (5) feet from any interior side or rear lot line. Detached garages in townhouse developments are excluded from these requirements (per section 10-3-113). No accessory buildings or garages may be placed within the limits of a recorded easement or required fire lane.

(b)

In business and industrial districts and the MX-U district, except portable restroom facilities, which are further restricted in this section. Accessory buildings shall be held to the same setbacks required of principal buildings. No accessory buildings may be placed within the limits of a recorded easement or required fire lane.

(c)

Principal building or use required. No accessory building shall be constructed on property which has not been improved with a principal building or use and no accessory building shall be used unless the principal use is active.

(d)

Location in setbacks in residential districts prohibited. No accessory building in a residential district shall be located within the existing setback between a principal building and public street; except

(1)

On through lots in the U-R district, where an accessory building may be located within the established rear yard between the principal building and a public street and shall not be less than five (5) feet from any property line;

(2)

On through lots in all other districts, where an accessory building may be located within the established rear yard between the principal building and a public street and meet principal building setbacks.

(e)

Responsibility of owners to confirm covenants. It is the responsibility of the owner to confirm if any covenants exist on their property which regulate accessory buildings.

(f)

Bus shelters, as defined, are exempt from all regulations within this section except that no shelter shall be located within the limits of a recorded easement or required fire lane.

(g)

Portable restroom facilities in residential districts. Portable restroom facilities are not permitted as accessory to residential uses. Portable restroom facilities accessory to uses other than residential in residential districts must be setback at least thirty (30) feet from all property lines, shall be screened, and shall not be placed within the limits of a recorded easement or required fire lane.

(h)

Portable restroom facilities in business and industrial districts and the MX-U district. Portable restroom facilities in the B-2 and M-1 zoning districts shall be held to the same setbacks required of principal buildings. Portable restroom facilities in the B-1 and MX-U districts shall be held to the same setbacks required of principal buildings, except they shall be located at least thirty (30) feet from public street right-of-way lines and thirty (30) feet from all side and rear property lines when such lines abut residentially zoned property. Portable restroom facilities in all districts shall be screened and shall not be located within the limits of a recorded easement or required fire lane.

(i)

Portable restroom facilities used for active construction sites, emergencies, or temporary events or festivals, are exempt from all regulations within this section.

(Ord. of 4-23-96; Ord. of 2-22-05, § 1; Ord. of 11-25-08(5); Ord. of 11-27-12(2); Ord. of 8-27-13; Ord. of 1-14-14(18); Ord. of 5-27-25; Ord. of 5-7-25)

Walls and fences, beams and similar items which may restrict passage or vision or simply enhance private property may be located within required yards and defined by building setbacks except as restricted herein:

(1)

No walls or fences within front yards shall exceed a height of six (6) feet as measured from grade at the front property line.

(2)

No walls or fences or similar items other than landscaping within side and rear yards shall exceed an average height of six (6) feet; except that such items, when attached to a principal building, may not exceed eight (8) feet in height when clearly incidental to a function of the building rather than site improvement.

(3)

In business and industrial districts walls and fences which are used for safety or security purposes may be greater than the height otherwise permitted.

(4)

In all use districts, except a B-1 central business district, walls and fences, hedgerows and other dense landscaping and other items which occur on corner lots, which exceed three and one-half (3½) feet in height, and present an obstruction to vision, shall be reduced in height or relocated at least twenty (20) feet from the intersection of right-of-way lines.

(5)

In all residential districts walls and fences which adjoin property lines shall not be electrified, barbed or otherwise secured in a manner inappropriate or dangerous to the neighborhood. Such restrictions may be waived within customary agricultural areas which are isolated from residential buildings.

(6)

Walls and fences shall not impede sight distance at entrances and street intersections, in accord with the DCSM.

(7)

Walls, fences and other enclosures for special uses, such as swimming pools, refuse containers/facilities or compactors, transformers and substations, shall be restricted by other regulations which shall supersede this section.

(Ord. of 4-23-96; Ord. of 3-13-12(29); Ord. of 8-28-12; Ord. of 1-14-14(19))