(a)

No portion of a child care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks or any other storage area for explosive or highly combustible materials.

(b)

Child care centers shall be located adjacent to a street having a pavement width of 27 feet or greater.

(c)

Site plan approval by the Planning and Zoning Commission shall be required for all child care center sites, whether or not a specific use permit is required.

(d)

Child care centers located within any single-family or two-family residential districts shall be required to plat in multiples of the minimum lot width of the district classification requirements. The lot depth shall meet the minimum district requirements and must be platted in a configuration which can be converted into standard lots for residential development.

(e)

All child care centers shall comply with the following standards.

(1)

All vehicular entrances and exits shall be clearly visible from the street.

(2)

All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be provided.

(3)

Outdoor play areas shall be provided at a rate of 65 square feet per child based on maximum design capacity of the center. This requirement may be waived by the Planning and Zoning Commission if the child care is provided for less than four hours per day for an individual person.

(4)

In residential districts, a maximum of one-half of the required outdoor play space may be provided off-site. When off-premises outdoor play areas are utilized, it must be located within 100 feet of the child care facility premises and safely accessible without crossing, at-grade, any major or secondary thoroughfare.

(5)

No child care center shall be part of a one-family or two-family dwelling.

(Ord. 2009-378A, 2-23-2009)

Cross reference— Penalty, see section 157.999

Temporary permits for construction yards and field offices and special use permits or variances regulating temporary buildings shall be issued for a period of time not to exceed 18 months. Extensions may be granted by the City Council. Upon due notice and hearing before the City Council, any permit may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this chapter or results in increased noise, traffic or other conditions considered to be a nuisance or hazard.

(Ord. 2009-378A, 2-23-2009)

Cross reference— Penalty, see section 157.999

(a)

No radio, television or microwave tower shall be located within a distance equal to at least the height of the tower from any residential structure or from any area zoned residential, or shown as residential on the current comprehensive plan. The distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of the area or residence.

(b)

No commercial, radio, television or microwave reflector antenna support structure shall be closer to any residential district boundary line or any area shown as residential on the current comprehensive plan than a distance equal to the sum of the required yard specified for the zoning district in which the building or structure is located, plus 25 feet, plus twice the height of the portion of the structure above two stories. The distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of the area or residence.

(c)

The location of radio, television or microwave reflectors, antennas or support structures and associated foundations and any support wires shall be prohibited within any required front yard.

(d)

All commercial communication operations or radio, television or microwave reflectors, antennas or structures shall be prohibited in residential districts.

(e)

All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability or as required for flight visibility by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited.

(f)

The most recent Federal Communications Commission (FCC) rules and regulations apply to all radio, television, microwave towers or other devices, or structures governed by them. Should there any conflict with this section, the FCC rules and regulations shall apply.

(Ord. 2009-378A, 2-23-2009; Ord. 2011-423, 6-6-2011) Penalty, see § 157.999

Residential hotels, boarding houses, and bed and breakfasts shall be designed to allow for their potential conversion to multi-family residences and as such shall comply with all minimum standards set forth in sections 157.200—157.207. Residence hotels constructed in the MF District shall comply with the MF District requirements. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multi-family residences.

(Ord. 2009-378A, 2-23-2009; Ord. 2011-423, 6-6-2011)

Cross reference— Penalty, see section 157.999

(a)

Location on lot. Garden (patio) home developments shall be developed as zero lot line homes. One side yard shall be reduced to zero feet, while the other side yard shall be increased to a minimum of ten feet. A minimum three-foot wide maintenance easement shall be placed on the adjacent lot to enable the property owner to maintain his or her house. Side yards and maintenance easements shall be placed on the subdivision plat. A minimum separation between patio homes of ten feet shall be provided. The combined area of all structures shall not exceed 65 percent of the lot area.

(b)

Front yard setback. The minimum front yard shall be 15 feet; provided that, in no case shall a garage or carport fronting onto a street be less than 20 feet from the property line adjacent to the street. The front yard setback may be staggered, varied or reduced to a minimum setback of ten feet for lots facing cul-de-sac or loop streets not exceeding 400 feet in length, with the approval of a site plan or subdivision plat. Under this provision, the maximum setback shall be 25 feet. A minimum lot depth of 65 feet, as measured from front building line to the rear lot line, shall be maintained.

(c)

Rear yard setback. The minimum rear yard shall be five feet for a single story structure and 15 feet for any two-story structure. If access is from an alley, the minimum setback will be 20 feet for garages or carports.

(d)

Side yard setback. The minimum side yard shall be zero feet, except that there shall be at least ten feet of separation between structures. When garden (patio) homes are constructed with a zero side yard, five feet on the lot adjacent to the zero setback shall be dedicated as an access easement for the zero setback garden (patio) home. There shall be a minimum of 20 feet from any property line adjacent to a street.

(e)

Lot frontage. The minimum frontage of any garden (patio) home shall be 25 feet on residential streets and 35 feet on collector and thoroughfare streets.

(f)

Lot area. The minimum lot area for any development lot for garden (patio) homes shall be 2,800 feet.

(g)

Maximum length of structures. No zero lot line structure shall have an overall length exceeding 250 feet.

(h)

Maximum height of structures. No structure shall exceed two stories or 35 feet in height.

(i)

Parking. Two off-street spaces per dwelling unit, plus one-half space per dwelling unit for visitor parking within 600 feet of each dwelling unit. The visitor parking requirements may be eliminated or reduced at the time of site plan or subdivision plat approval with a finding that there is adequate on-street parking for visitors. See general development ordinance for all parking regulations. Also see the city's parking ordinance. The more stringent shall apply.

(j)

Common area maintenance. To ensure the long-term maintenance of common land and facilities in patio home developments, the following shall be required.

(1)

Plats and site plans shall be approved subject to the submission of a legal instrument setting forth a plan or manner of permanent area and maintenance of open spaces, recreational areas and other communally owned facilities. No instrument shall be acceptable until approved by the City Attorney as to legal form and effect. A homeowners association (HOA) is the most widely accepted technique for managing commonly owned property. The association shall provide proof of incorporation prior to issuance of a construction permit.

(2)

The HOA or other similar management entity shall be organized as a non-profit corporation with automatic membership in the management entity when property is purchased. This shall be specified in the covenants which run with the land and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Included in the maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall also reference the rights and responsibilities of property owners to the management entity. The management entity shall also be responsible for liability insurance, local taxes and the maintenance of all commonly held facilities through the use of a pro-rate formula for all property owners.

(k)

Usable open space requirements. Each parcel of land developed under patio home standards shall provide usable open space totaling 15 percent of the area of a patio home development. The open space shall have a maximum slope of ten percent and shall be exclusive of street and alley rights-of-way and/or easements, individually platted lots without open space easements, private yards and patios. The 15 percent shall be computed on the percentage of total platted area in a patio home subdivision, excluding right-of-way for major and secondary thoroughfares (as described in the current comprehensive plan.) At the time of site plan and/or subdivision plat approval, the City Council may give full or partial credit for open areas that exceed the maximum slope or which are otherwise unusable if it is determined that the areas are environmentally or aesthetically significant and that their existence enhances the development.

(l)

Additional landscaping. In addition to any required landscaping for common areas, the front yard and parkway areas shall be landscaped and permanently maintained.

(Ord. 2009-378A, 2-23-2009)

Cross reference— Penalty, see section 157.999

(a)

Courts. Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in the courts shall be a minimum distance of 30 feet apart and no balcony or canopy shall extend into the court area for a distance greater than five feet.

(b)

Usable open space.

(1)

Each lot or parcel of land which is used for multi-family residences shall provide on the same lot or parcel of land usable open space (as defined in section 157.006), in accordance with the table below:

(2)

At the time of site plan approval, the City Council may give full or partial credit for open areas that exceed the maximum slope, if it is determined that the areas are environmental significant and that their preservation would enhance the development.

(Ord. 2009-378A, 2-23-2009)

Cross reference— Penalty, see section 157.999

Gasoline service station pump islands may not be located nearer than 18 feet to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall not be closer than ten feet to the property line.

(Ord. 2009-378A, 2-23-2009; Ord. 2011-423, 6-6-2011)

Cross reference— Penalty, see seciton 157.999

It is the purpose of the following provisions to recognize an outdoor swimming pool as a potentially attractive nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly or commercially owned or operated.

(1)

No swimming pool shall be constructed or used until a swimming pool building permit has been issued therefore. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and state health departments regulations.

(2)

A swimming pool erected below ground or above ground with a depth of two feet or greater may be constructed and operated when:

a.

The pool is not located in any required front or side yard abutting a street;

b.

A wall or fence, not less than six feet in height, with self-enclosing and self-latching gates that opens outward and are lockable at all entrances, completely encloses either the pool area or the surrounding yard area;

c.

All lighting of the pool is shielded or directed to face away from adjoining residence. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible for adjacent properties;

d.

No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers; and

e.

The swimming pool is no closer than eight feet from any property line.

(Ord. 2009-378A, 2-23-2009)

Cross reference— Penalty, see section 157.999

(a)

Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Alternate orientation. Created when a structure located on a corner lot is constructed to face the street frontage not normally associated to be the front of the lot.

Corner lot. A lot, tract or parcel which abuts two streets at their intersection, with the longer street frontage being the side of the lot.

Corner orientation. Created when a structure located on a corner lot is constructed to face the intersection, diagonally across a lot, rather than a traditional orientation toward one of the intersecting streets. In cases of corner orientation, both sides of the lot along the street frontages are to be treated as front yards.

Decorative fence. A fence or outdoor area enclosure constructed for aesthetic purposes only, constructed of material such as wood pickets, lattice work, decorative metal, masonry, stone and shall be aesthetically consistent with buildings and fences in the area and meeting the requirements of this section.

Electrical fence. An outdoor area enclosure that contains an electrically charged or partially charged metallic material designed to discourage crossing by either human or animal.

Fence. An outdoor area enclosure of masonry, wood or chain link serving to enclose, divide or protect an area.

Front building setback. Minimum required front yard setback as specified in Appendix A.

Key lot. An interior lot, tract or parcel which sides to the rear of one or more lots, tracts or parcels.

Non-residential zoned area. Any land within the city zoned for non-residential uses: C-1, C-2, C-3 and M-1.

Office, business or industrial park/complex enclosure (including entry features). A wall of masonry or masonry and pressure-treated timber, plaster, decorative metal or other approved building material serving to enclose or protect an office, business or industrial park/complex.

Outdoor area enclosure. Any fence, wall or structure of various materials designed to serve as an enclosure of an outdoor area, a barrier or boundary, or to otherwise divide or protect an area.

Privacy security enclosures. Fences, walls or structures located on individual lots, tracts or parcels for the purpose of enclosing an outdoor area for privacy or security purposes.

Residential subdivision enclosures (including subdivision entry features). A wall of masonry and pressure treated lumber, cedar, pine, vinyl fencing or iron serving to enclose, divide or protect a residential subdivision.

Residential zoned areas. Any land within the city zoned for residential uses: SF-E, SF-1, SF-2, TF, MF, MH-1 and MH-2. For the purposes of this section, the commercial zone of C-1 shall be considered as residential.

Visibility triangle. An area as defined in the subdivision ordinance of the city, but in no case less than 20 feet from the corner (back of curb), located at the intersection of two streets, access easements or alleys or any combination thereof where no structure, growth or object shall exceed two feet in height.

Wall. An outdoor area enclosure of masonry or wood that exceeds three inches in thickness, serving to enclose, divide or protect an area.

(b)

Residential uses. In residentially zoned districts, fences and C-1, walls and outdoor area enclosure structures may be erected if in accordance with the following regulations.

(1)

Privacy/security enclosures.

a.

Privacy/security enclosures may be fences or walls;

b.

Maximum height shall not exceed six feet. Support pillars/posts/columns shall not exceed more than one foot above fence. Entrance gate shall not exceed two feet, at its highest point, above the fence.

c.

May be erected upon the rear lot line of any lot;

d.

May be erected upon the side lot lines of any interior lot in accordance with the required front yard setback;

e.

Privacy/security enclosures may be erected no closer than seven feet of side property line of corner lots; provided, the corner lot does not back up to key lots;

f.

Privacy/security enclosures may be erected no closer than 15 feet from a side property line of corner lots backing up to key lots; and

g.

Privacy/security enclosures shall be constructed of masonry, wood, or chain link.

(2)

Decorative fence.

a.

Decorative fences shall not be walls;

b.

Maximum height shall not exceed three feet. Support pillars/posts/columns shall not exceed more than one foot above fence. Entrance gate shall not exceed two feet, at its highest point, above the fence;

c.

Solid surface area of any decorative fence shall not exceed 30 percent of the total surface area;

d.

Decorative fences may be erected upon any residential lot line (see division (b)(3)f. below); however, no decorative fence may encroach upon any right-of-way, drainage or access easement or floodway;

e.

Decorative fences may be allowed within the visibility triangle with a maximum height of two feet;

f.

Decorative fences, greater than two feet in height, must be set back from the front lot line a minimum of seven feet;

g.

Decorative fences shall contain openings or breaks for access when located in front yards, so that no more than 75 percent of the total frontage is bounded by a decorative fence or gate;

h.

Decorative fences shall be constructed of wood picket, lattice work or decorative metal, with or without masonry and/or stone elements; and

i.

Decorative fences shall not be constructed of chain link, barbed wire or similar enclosure materials.

(3)

Residential subdivision enclosures (including subdivision entry features).

a.

All residential subdivision enclosure shall be walls or combination of decorative fences as approved by the Planning and Zoning Commission;

b.

All residential subdivision enclosures shall be constructed with minimum ten-inch by 20-inch brick columns set on piers with a maximum spacing of ten feet on center. Infill material between brick column shall be brick, pressure-treated lumber, plaster, iron or other approved material;

c.

Maximum height of subdivision enclosures shall not exceed seven feet. Support pillars/posts/columns shall not exceed one foot above fence. Entrance gate shall not exceed two feet, at its highest point, above the fence;

d.

Walls enclosing residential subdivision may be erected along rear property lines and along the side property lines exceeding the required front yard setback: providing that, the encroaching structure does not exceed the required two-foot maximum height limit within the visibility triangle and the enclosure does not encroach upon any right-of-way, drainage or utility easements or floodway;

e.

Allowed only for subdivisions containing ten or more lots; and

f.

Plans for all residential subdivision enclosures shall be reviewed and approved by the Planning and Zoning Commission.

(4)

Others.

a.

Acreage of four or more may use security fence no higher than six feet with pillars/posts/columns no more than one foot above fence. Entrance gate shall not exceed two feet, at its highest point, above the fence;

b.

No barbed wire of any kind allowed in any residential areas for fencing;

c.

Exception: Other fencing, style or type, shall apply for an exception, on a case by case basis.

(c)

Non-residential uses. In non-residential zoning districts, fences, walls and outdoor enclosures may be erected if in accordance with the following regulations.

(1)

Privacy/security enclosures.

a.

Privacy/security enclosures may be fences or walls;

b.

Maximum height shall not exceed eight feet;

c.

May be erected on the rear lot line of any lot, tract or parcel;

d.

May be erected upon the side lot line of any lot, tract or parcel; provided that, no fence may be erected to extend into the required front building setback without specific approval; and

e.

No privacy/security enclosure may be erected to encroach upon any visibility triangle, right-of-way, access or drainage easements or floodway.

f.

Privacy/security enclosures shall be constructed masonry, wood, chain link or R panel.

(2)

Decorative fences.

a.

Decorative fence shall not be walls;

b.

Maximum height shall not exceed four feet;

c.

Solid surface area of any decorative fence shall not exceed 30 percent of the total surface area;

d.

Decorative fences may be erected upon any non-residential lot line; however, no decorative fence may encroach upon any right-of-way, drainage or access easements or floodway;

e.

Decorative fences may be allowed within the visibility triangle with a maximum height of two feet;

f.

Decorative fences shall contain openings or breaks for access when located in front yards, so that no more than 75 percent of the total frontage is bounded by the decorative fence or gate;

g.

Decorative fences shall be constructed of wood picket, lattice work or decorative metal, with or without masonry and/or stone elements; and

h.

Decorative fences shall not be constructed of chain link, barbed wire or similar enclosure materials.

(3)

Office and business complex enclosure (including entry features).

a.

All enclosures shall be walls. Fences, as defined herein, shall not be allowed;

b.

All enclosures shall be constructed with minimum ten-inch by 20-inch brick columns set on piers with a maximum spacing of ten feet on center. Infill material between brick columns shall be brick, pressure-treated lumber, plaster, decorative metal or other approved material;

c.

Maximum height of all enclosures shall be eight feet;

d.

Walls enclosing nonresidential developments may be erected along rear property lines;

e.

Walls, enclosing nonresidential developments may be erected upon rear property lines along the front and side property lines to extend into the required front yard setback; provided that, the encroaching structure exceeds the required two-foot maximum height limit within the visibility triangle and the enclosure does not encroach upon any right-of-way, drainage or utility easements or floodway;

f.

Allowed only for subdivisions containing four or more lots; and

g.

Plans for park or complex enclosures shall be reviewed and approved Planning and Zoning Commission.

(d)

M-1—Industrial District. Chain link fences shall be permissible in this district. There is not a restriction to the height of a chain link fence. Razor wire or other hazardous materials shall be at least ten feet from the ground.

(e)

Miscellaneous uses. The following regulations shall apply to zoning districts of the city as applicable.

(1)

Screening. Live screening using natural growth or planted vegetation shall be allowed within the city under the following provisions.

a.

No tree, shrub, hedge or other vegetation shall be so planted, pruned or otherwise maintained to exceed a height of two feet within the defined visibility triangle or street right-of-way.

b.

Any tree, shrub, hedge or other form of vegetation located within the public right-of-way, utility easement or visibility triangle shall be subject to removal (without compensation) by the authority of the city for the purpose of utility maintenance and public safety.

(2)

Barbed wire. Except as provided below, the use of barbed wire as an enclosing is prohibited within the city:

a.

Authorized in the A—Agricultural Zoning District;

b.

Authorized when attached to the top of a minimum eight-foot high security fence in the C-2 and C-3 Zoning District classification; and

c.

Authorized in all zoning district classifications if the use of the land is that of animal husbandry.

(3)

Electrical fences. The use of electrical fencing is prohibited within the city, except for the containment of animals.

(f)

Restrictions.

(1)

No fence, hedges or shrubs shall be placed in the front yard which effectively limits the vision of pedestrians or vehicle operations.

(2)

a.

The following fence materials are not allowed:

1.

Corrugated fencing;

2.

Electric fencing;

3.

Razor wire fencing;

4.

Barb wire fencing; or

5.

Chicken wire fencing.

b.

See the code enforcement officer for fence materials that are allowed.

(g)

Permits required. Prior to construction of any fence, outdoor area enclosure or other item covered under this chapter, a permit shall be obtained from the Building Official. An application shall be accompanied by a scaled drawing and shall accurately reflect all proposed outdoor area enclosures structures, all easements, building setback lines and visibility triangles. Residential subdivision enclosures, office, business or industrial park/complex enclosures and privacy/security enclosure constructed as a wall with in any non-residential zoning district shall have detailed drawings submitted with an application. Upon approval of the application by the Planning and Zoning Commission and payment of the permit fee, a permit shall be issued for construction. If the permit holder fails to comply with the provisions of this chapter, the permit shall be revoked, the fence considered a nuisance per se, and immediately removed.

(Ord. 2009-378A, 2-23-2009; Ord. 2011-412, 1-26-2011; Ord. 2011-423, 6-6-2011; Ord. 2011-437, 12-15-2011; Ord. 2016-541, 9-22-2016)

Cross reference— Penalty, see section 157.999