Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, and spires, church steeples, radio and television towers antennas or necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations. In all districts, two additional feet of height above the specified height limitation shall be permitted for each one foot of additional front yard provided over the minimum requirement.

(Ord. No. 1088, exh. A(5.10), 10-4-1982)

5.21.

Front yards. The front yards heretofore established shall be adjusted in the following cases:

1.

Where 50 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed a front yard greater than required, then:

a.

Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of adjacent buildings on the two sides, or

b.

Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

5.22.

Accessory buildings. No accessory building shall be erected in any required front or side yard, and no detached accessory building shall be erected closer than five feet to any other building. Accessory buildings may be located in the rear yard, but shall not be closer than five feet to the rear lot line and shall not be closer to the side lot line than the required side yard set back of the district, except that if the building has a vehicular alley entrance the sum of the width of the alley and the set back of the structure shall not be less than 25 feet. No accessory building shall exceed the height of the higher of the highest building on the same lot, or the highest building on any immediately adjacent residential lots. Any accessory building containing over 864 square feet shall be listed as [a] conditional use in all residential zoning districts and any accessory building less than 864 square feet will be permitted in all residential zoning districts.

(Ord. No. 1088, exh. A(5.20—5.22), 10-4-1982; Ord. No. 1355, § 2, 7-17-2000)

Where a lot or tract is used for other than a single-family dwelling, more than one principal use and structure may be located upon the lot or tract, but only when the building or buildings conform to all requirements for the district in which the lot or tract is located.

(Ord. No. 1088, exh. A(5.30), 10-4-1982)

On a corner lot in any district, except "C-3," development shall conform to the requirements of the sight triangle as defined by this regulation.

(Ord. No. 1088, exh. A(5.40), 10-4-1982)

No land which is located in a residential district shall be used for a driveway, walkway or access to any land which is located in any business or industrial district.

(Ord. No. 1088, exh. A(5.50), 10-4-1982)

5.61.

Christmas tree sales. Christmas tree sales in any business or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations provided that no trees shall be displayed within 30 feet of the intersection of the curb line of any two streets.

5.62.

Contractor's office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of such project.

5.63.

Real estate office. Real estate office (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.

5.64.

Seasonal sales. Seasonal sale of farm produce grown on the premises, in an "A-1" district. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are removed or moved back of the required front yard setback line at the end of the season during which they are used.

5.65.

Carnivals and circuses. A carnival or circus, but only in an "A-1, C-1, C-2, C-3, I-1, or I-2" district, and then only for a period that does not exceed three weeks. Such use need not comply with the front yard requirements, provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements of the sight triangle as defined by these regulations.

5.66.

Housing. During construction of the principal residential structure, a basement, garage, camper or mobile home may be utilized for temporary housing for a period not to exceed 12 months. The zoning administrator may extend the period six additional months upon showing of good cause by the owner. Upon conclusion of the permitted time period or completion of the principal structure, whichever occurs first, the owner shall remove the temporary housing or make the necessary changes for the property to be in conformance with the regulations of the district in which the property is located.

5.67.

Garage or porch sales. The sale of used or secondhand merchandise shall be permitted in any district providing that such use shall not exceed three consecutive days in duration nor shall it occur more than twice each year at any particular location.

(Ord. No. 1088, exh. A(5.60—5.67), 10-4-1982)

The building setback line shall be determined by measuring the horizontal distance between the property line and the vertical plane of the furthest architectural project of the existing or proposed structure.

(Ord. No. 1088, exh. A(5.70), 10-4-1982)

Except as otherwise specifically provided in other codes and regulations, the following regulations shall apply to the construction of fences:

5.81.

No fence shall be constructed which will constitute a traffic hazard.

5.82.

No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.

5.83.

No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation, or which fence shall adversely affect the public health, safety and welfare.

5.84.

No fence except fences erected upon public or parochial school grounds or in public parks and in public playgrounds shall be constructed of a height greater than four feet in the front yard or eight feet elsewhere; provided, however, that the board of zoning appeals may, as a variance, authorize the construction of fences higher than the above limits if the board finds the public welfare is served.

5.85.

No fence shall be constructed without first obtaining a fence permit.

5.86.

Reserved.

5.87.

The type of fence materials allowed for construction of a fence are chain link, wrought iron, vinyl, wood (privacy or picket), constructed of cedar wood, redwood, or CCA treated wood. No fence shall be constructed from stacked firewood, pallets or any other material not listed in this paragraph. The finished board side of the fence must face outward from the property, the post and beams must on the inside, provided that if the fence is constructed adjacent to an existing fence the finished side board may face inward. All gates for all fences must swing inward as to not obstruct sidewalks or right-of-ways. Use of any fence material not listed above will require a variance from the board of zoning appeals.

(Ord. No. 1088, exh. A(5.80—5.85), 10-4-1982; Ord. No. 1209, § 2, 7-3-1989; Ord. No. 1519, § 3, 10-25-2010)

Home occupations shall be permitted in the "A-1, A-2, R-1, R-2, R-3, and C-2" districts.

5.91.

Restrictions and limitations.

1.

The home occupation shall be incidental and subordinate to the principal residential use of the premises and not more than 25 percent of the floor area of any one floor of a dwelling unit shall be utilized for a home occupation.

2.

All materials or equipment used in the home occupation shall be stored within an enclosed structure.

3.

No alteration of the exterior of the principal residential building shall be made which changes the character thereof as a residence.

4.

No sign shall be permitted unless required by state statute and, if so required, shall not exceed two feet in any one direction, shall not be illuminated and shall not be placed closer to the front property line than one-half the distance of the front yard.

5.

No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his residence.

6.

No equipment shall be utilized that creates a nuisance due to noise or electrical interference.

5.92.

Particular home occupations permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided, however, that each listed occupation is subject to the requirements of [subsections] 1. through 7. above.

1.

Art, dancing, and music schools provided that instruction is limited to five pupils at one time.

2.

Professional offices for architects, engineers, planners, lawyers, accountants, bookkeepers, and similar professions.

3.

Offices for realtors, insurance agents, brokers, sales representatives, and manufacturing representatives when no exchange of tangible goods is made on the premises.

4.

Barber and beauty services.

5.

Watch, clock, and jewelry repair services.

6.

Radio, television, phonograph, recorder, and small appliance repair services.

7.

Family daycare homes caring for 12 or fewer children or adults for 18 hours or less per day.

8.

Home crafts and hobbies such as model making, rug weaving, lapidary work, cabinet making, etc.

9.

Tailoring, alterations, and seamstresses.

10.

Saw, filing.

11.

Group care homes for 12- to 24-hour care of five children or adults, any three of which are unrelated.

5.93.

Particular home occupations prohibited. Permitted home occupations shall not in any event include the following:

1.

Antiques, retail.

2.

Funeral services.

3.

Groceries, retail.

4.

Secondhand merchandise, retail.

5.

Tourist homes.

6.

Equipment rental.

7.

Automobile and other motor vehicle repair services.

8.

Physicians.

9.

Dentists.

10.

Chiropractors.

(Ord. No. 1088, exh. A(5.90—5.93), 10-4-1982; Ord. No. 1519, § 2, 10-25-2010)

In no case shall any structure be located on a lot less than one acre in area if it is not connected to a public sewer system.

(Ord. No. 1088, exh. A(5.100), 10-4-1982)

The storage of salvage or scrap materials, inoperable motor vehicles, household goods or furniture, or business equipment or materials for more than nine consecutive days shall not be allowed in any residential district unless such items are stored in a completely enclosed building and are clearly secondary to the primary use of the property.

(Ord. No. 1088, exh. A(5.110), 10-4-1982)

1.

Modular homes shall be erected and maintained only on lots or tracts of land owned by the owner of said modular home and in which home the owner will reside.

2.

Modular homes shall be used only as single-family dwelling units.

3.

A modular home shall be erected in accordance with the instructions provided by the manufacturer of said home including location of permissible points of support for vertical loads and points of attachment for anchorage systems used to resist horizontal and uplift forces.

4.

Modular homes shall be installed on permanent foundations and shall be designed in accordance with applicable structural provisions of the building code and shall be designed to minimize differential settlement.

5.

Drainage shall be provided for the control and drainage of surface water away from modular homes.

6.

Modular homes shall be erected with sufficient under-floor clearances to provide adequate ventilation and access by meeting the following requirements:

a.

A minimum clearance of 12 inches beneath the lowest member of the floor support framing system;

b.

Ventilation openings as specified in the building code;

c

Access openings of not less than 18 inches in any dimension and not less than three square feet in area and located to make water supply and sewer drain connections accessible.

(Ord. No. 1185, § 3(5.111), 2-2-1987)

1.

Manufactured houses and modular homes shall be erected only on lots and tracts of land owned by the owner of the manufactured house or modular home to be so erected.

2.

Manufactured houses and modular homes shall be used only as single-family dwelling units.

3.

Manufactured houses and modular homes shall be erected in accordance with the instructions provided by the manufacturer including location of permissible points of support for vertical loads and points of attachment for anchorage systems used to resist horizontal and uplift forces.

4.

Manufactured houses and modular homes shall be installed on permanent foundations and shall be designed in accordance with applicable structural provisions of the building code and shall be designed to minimize differential settlement.

5.

Drainage shall be provided for the control and drainage of surface water away from manufactured houses and modular homes.

6.

Manufactured houses and modular homes shall be erected with sufficient under-floor clearance to provide adequate ventilation and access by meeting the following requirements:

a.

A minimum clearance of 12 inches beneath the lowest member of the floor support framing system;

b.

Ventilation openings as specified in the building code; and

c.

Access openings of not less than 18 inches in any dimension and not less than three square feet in area and located to make water supply and sewer drain connection accessible.

7.

The erection and placement of manufactured houses and modular homes shall comply with all provisions of these regulations specifically or indirectly applicable thereto.

(Ord. No. 1088, exh. A(5.120), 10-4-1982; Ord. No. 1237, § 2, 5-4-1992; Ord. No. 1330, § 2, 3-1-1999)