GENERAL PROVISIONS
(a)
Accessory uses or structures shall be permitted only in rear yards, except as otherwise provided in this chapter. An accessory use or structure shall be set back not less than ten feet from any lot line.
(b)
No accessory building shall be erected on a lot prior to the time of construction of the principal building to which it is accessory.
(c)
Accessory uses or structures shall be permitted if they meet the following:
(1)
Except as otherwise provided in this section, only one accessory building shall be permitted on a lot, and it shall be located in the rear yard.
(2)
Accessory uses shall be set back not less than five feet from any lot line.
(3)
An accessory building located on a typical subdivision lot shall not be any larger than 16 feet by 20 feet. However, a free-standing garage may be as large as 22 feet by 24 feet, provided it is used solely to house automobiles in full operating condition.
(4)
Up to three accessory buildings, not exceeding a total cumulative area of up to 5,000 square feet of floor area, may be located on any lot with an area in excess of four acres.
(5)
Accessory buildings shall not be used for any type of commercial operation, whether permanent, part-time or as part of a limited home occupation, except as otherwise provided for in this chapter.
(6)
The height of an accessory building shall not exceed 15 feet.
(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)
For all business and industrial developments fronting on a state highway, no building permit shall be issued until approval of the state highway department has been obtained by the applicant on entrances and exits, curb radii, drainage and other matters that are the appropriate concern of the department.
(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)
All city and county approvals that are required for the use of land and structures and for the location and operation of businesses and industries shall be obtained by the applicant and transmitted by him with his request for a building permit, an occupancy permit, a zoning amendment, a special exception or a variance. Except as otherwise required by state law, no local action shall be taken and no public hearings shall be held until the approvals required by this section have been obtained by the applicant.
(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)
All single-family residential structures, in all zoning districts of the city, shall have a minimum floor area of 1450 square feet of heated and living floor space. This space is not to include a porch, garage or carport. In the RM Multiple-Family Residence District, all apartments shall have a minimum floor area of 950 square feet per family for a two-bedroom unit, 750 square feet for a one-bedroom unit, and 450 square feet for an efficiency unit. This space is not to include a porch, garage, or carport. In the event that a subdivision covenant requires a larger square footage in a residence than this chapter requires, then the subdivision covenant shall be followed as minimum square footage in that subdivision. As used in this section, the term "square footage" means heated and living floor space. This space does not to include a porch, garage, or carport.
(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)
(a)
On all arterial, major collector and minor collector streets, and on all other streets where buildings or parts thereof are visible from these arterial and collector streets, all exposed exterior wall sidings shall be composed of the following maximum and minimum percentages of materials, as defined in subsection (b) of this section, in each classification. The percentages apply to the siding on each exposed exterior wall of each building visible from the street on which such building is located.
(b)
For the purposes of this section, the material classifications denoted in subsection (a) of this section shall consist of the following substances:
(1)
Type "A" material consists of face brick, granite, stone, marble, terrazzo or other ceramic tile, architecturally treated reinforced concrete slabs either fluted or with exposed aggregate, insulated window wall panels or stainless steel, porcelain treated steel, anodized or other permanently finished aluminum.
(2)
Type "B" material consists of metal panels with a baked on enamel or acrylic finish which must be expected to retain its appearance without substantial maintenance for a period of ten years, stucco, dryvit, concrete block with either sculptured treatment or stack bond with sculptured treatment or split faced decorative block.
(3)
Type "C" material consists of asbestos board, plain reinforced concrete slabs, concrete block with either sculptured treatment or stacked bond and raked joints.
(4)
Type "D" material consists of corrugated steel and aluminum without finish prescribed in subsection (b)(2) of this section, plain concrete block, redwood or other decorative wood, masonite, and particle board.
(c)
Materials not listed may be presented to the mayor and council for classification.
(d)
Buildings having walls over 20 feet high may be given special material percentages by the mayor and council.
(e)
Where buildings located on streets other than arterial and collector are visible from the arterial and collector streets, the mayor and council may, at their discretion, approve alternative methods of obscuring the view of such buildings from the arterial and collector streets. These methods may include, but are not limited to, fencing, planted landscape, buffer screens, berms, etc.
(f)
The mayor and council, in their discretion, may grant a variance of up to 50 percent of the requirements of this section. In determining whether to grant such a variance, the mayor and council shall consider the following factors:
(1)
Whether there are substantial reasons why the property cannot be developed in accordance with the terms of this chapter;
(2)
The aesthetic effect of the noncompliance as it relates to the property and to the surrounding area;
(3)
The extent to which the intent and purposes of this chapter will be preserved if the variance is granted; and
(4)
Whether options are available which would support the granting of a conditional variance under this chapter.
(Code 1994, § 110-1; Ord. No. 97-01, § 1(7.5), 8-11-1997; Ord. No. 02-02, § 1, 5-13-2002)
A business, occupation or profession carried on within a single-family residential dwelling by the resident thereof that is designated as a home occupation shall conform to the following criteria:
(1)
The occupation carried on within the dwelling unit shall be restricted to the heated floor space of the dwelling, shall not involve the sale of those articles on the premises, and shall be conducted entirely within the dwelling by a member of the family in residence only.
(2)
The occupation carried on within the dwelling unit shall not occupy in excess of 15 percent of the heated floor space within the structures; shall not be the primary source of income; and said occupational use shall be clearly secondary to the use of the dwelling for dwelling purposes.
(3)
There shall be no external display of products or storage of equipment or other externally visible evidence whatsoever of the occupation, business or profession.
(4)
There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or electronic disturbance detectable at the lot line or beyond.
(5)
There shall be no stock of goods or materials on the premises with the exception of literature and brochures appurtenant to the occupation, business or profession. Said literature and brochures shall remain in that part of the residence designated for home occupation purposes.
(6)
There shall be no chemical, mechanical or electrical equipment on the premises other than that normally found in a purely domestic residence.
(7)
Contact with customers and clients shall be made by telephone or mail. No on-street parking of business-related vehicles shall be permitted at any time. No business vehicle larger than a van, panel truck or pickup truck shall be permitted to remain on the premises other than a vehicle owned by the resident.
(8)
Music lessons given to one pupil at a time and cultural, art or dance instruction given to as many as four pupils at one time is a home occupation.
(9)
Child care, but not for more than five children at a time, is a home occupation.
(10)
Beauty salons, barbershops and similar businesses are not home occupations.
(11)
The above-listed requirements of a home occupation shall not be construed to restrict the sale of garden produce grown on the premises, provided that this exception shall not extend to allow the operation of a commercial greenhouse or nursery or the existence of stands or booths for display of said produce.
(12)
Any business, occupation or profession, the operation of which does not meet the aforementioned requirements of a home occupation shall not be interpreted to be a home occupation despite the fact that it might attempt to operate in a single-family residence.
GENERAL PROVISIONS
(a)
Accessory uses or structures shall be permitted only in rear yards, except as otherwise provided in this chapter. An accessory use or structure shall be set back not less than ten feet from any lot line.
(b)
No accessory building shall be erected on a lot prior to the time of construction of the principal building to which it is accessory.
(c)
Accessory uses or structures shall be permitted if they meet the following:
(1)
Except as otherwise provided in this section, only one accessory building shall be permitted on a lot, and it shall be located in the rear yard.
(2)
Accessory uses shall be set back not less than five feet from any lot line.
(3)
An accessory building located on a typical subdivision lot shall not be any larger than 16 feet by 20 feet. However, a free-standing garage may be as large as 22 feet by 24 feet, provided it is used solely to house automobiles in full operating condition.
(4)
Up to three accessory buildings, not exceeding a total cumulative area of up to 5,000 square feet of floor area, may be located on any lot with an area in excess of four acres.
(5)
Accessory buildings shall not be used for any type of commercial operation, whether permanent, part-time or as part of a limited home occupation, except as otherwise provided for in this chapter.
(6)
The height of an accessory building shall not exceed 15 feet.
(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)
For all business and industrial developments fronting on a state highway, no building permit shall be issued until approval of the state highway department has been obtained by the applicant on entrances and exits, curb radii, drainage and other matters that are the appropriate concern of the department.
(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)
All city and county approvals that are required for the use of land and structures and for the location and operation of businesses and industries shall be obtained by the applicant and transmitted by him with his request for a building permit, an occupancy permit, a zoning amendment, a special exception or a variance. Except as otherwise required by state law, no local action shall be taken and no public hearings shall be held until the approvals required by this section have been obtained by the applicant.
(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)
All single-family residential structures, in all zoning districts of the city, shall have a minimum floor area of 1450 square feet of heated and living floor space. This space is not to include a porch, garage or carport. In the RM Multiple-Family Residence District, all apartments shall have a minimum floor area of 950 square feet per family for a two-bedroom unit, 750 square feet for a one-bedroom unit, and 450 square feet for an efficiency unit. This space is not to include a porch, garage, or carport. In the event that a subdivision covenant requires a larger square footage in a residence than this chapter requires, then the subdivision covenant shall be followed as minimum square footage in that subdivision. As used in this section, the term "square footage" means heated and living floor space. This space does not to include a porch, garage, or carport.
(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)
(a)
On all arterial, major collector and minor collector streets, and on all other streets where buildings or parts thereof are visible from these arterial and collector streets, all exposed exterior wall sidings shall be composed of the following maximum and minimum percentages of materials, as defined in subsection (b) of this section, in each classification. The percentages apply to the siding on each exposed exterior wall of each building visible from the street on which such building is located.
(b)
For the purposes of this section, the material classifications denoted in subsection (a) of this section shall consist of the following substances:
(1)
Type "A" material consists of face brick, granite, stone, marble, terrazzo or other ceramic tile, architecturally treated reinforced concrete slabs either fluted or with exposed aggregate, insulated window wall panels or stainless steel, porcelain treated steel, anodized or other permanently finished aluminum.
(2)
Type "B" material consists of metal panels with a baked on enamel or acrylic finish which must be expected to retain its appearance without substantial maintenance for a period of ten years, stucco, dryvit, concrete block with either sculptured treatment or stack bond with sculptured treatment or split faced decorative block.
(3)
Type "C" material consists of asbestos board, plain reinforced concrete slabs, concrete block with either sculptured treatment or stacked bond and raked joints.
(4)
Type "D" material consists of corrugated steel and aluminum without finish prescribed in subsection (b)(2) of this section, plain concrete block, redwood or other decorative wood, masonite, and particle board.
(c)
Materials not listed may be presented to the mayor and council for classification.
(d)
Buildings having walls over 20 feet high may be given special material percentages by the mayor and council.
(e)
Where buildings located on streets other than arterial and collector are visible from the arterial and collector streets, the mayor and council may, at their discretion, approve alternative methods of obscuring the view of such buildings from the arterial and collector streets. These methods may include, but are not limited to, fencing, planted landscape, buffer screens, berms, etc.
(f)
The mayor and council, in their discretion, may grant a variance of up to 50 percent of the requirements of this section. In determining whether to grant such a variance, the mayor and council shall consider the following factors:
(1)
Whether there are substantial reasons why the property cannot be developed in accordance with the terms of this chapter;
(2)
The aesthetic effect of the noncompliance as it relates to the property and to the surrounding area;
(3)
The extent to which the intent and purposes of this chapter will be preserved if the variance is granted; and
(4)
Whether options are available which would support the granting of a conditional variance under this chapter.
(Code 1994, § 110-1; Ord. No. 97-01, § 1(7.5), 8-11-1997; Ord. No. 02-02, § 1, 5-13-2002)
A business, occupation or profession carried on within a single-family residential dwelling by the resident thereof that is designated as a home occupation shall conform to the following criteria:
(1)
The occupation carried on within the dwelling unit shall be restricted to the heated floor space of the dwelling, shall not involve the sale of those articles on the premises, and shall be conducted entirely within the dwelling by a member of the family in residence only.
(2)
The occupation carried on within the dwelling unit shall not occupy in excess of 15 percent of the heated floor space within the structures; shall not be the primary source of income; and said occupational use shall be clearly secondary to the use of the dwelling for dwelling purposes.
(3)
There shall be no external display of products or storage of equipment or other externally visible evidence whatsoever of the occupation, business or profession.
(4)
There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or electronic disturbance detectable at the lot line or beyond.
(5)
There shall be no stock of goods or materials on the premises with the exception of literature and brochures appurtenant to the occupation, business or profession. Said literature and brochures shall remain in that part of the residence designated for home occupation purposes.
(6)
There shall be no chemical, mechanical or electrical equipment on the premises other than that normally found in a purely domestic residence.
(7)
Contact with customers and clients shall be made by telephone or mail. No on-street parking of business-related vehicles shall be permitted at any time. No business vehicle larger than a van, panel truck or pickup truck shall be permitted to remain on the premises other than a vehicle owned by the resident.
(8)
Music lessons given to one pupil at a time and cultural, art or dance instruction given to as many as four pupils at one time is a home occupation.
(9)
Child care, but not for more than five children at a time, is a home occupation.
(10)
Beauty salons, barbershops and similar businesses are not home occupations.
(11)
The above-listed requirements of a home occupation shall not be construed to restrict the sale of garden produce grown on the premises, provided that this exception shall not extend to allow the operation of a commercial greenhouse or nursery or the existence of stands or booths for display of said produce.
(12)
Any business, occupation or profession, the operation of which does not meet the aforementioned requirements of a home occupation shall not be interpreted to be a home occupation despite the fact that it might attempt to operate in a single-family residence.