- USE AND DESIGN REGULATIONS GENERALLY
No building or structure of land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or altered except in conformity with the regulations herein specified for the district in which it is located.
(Code 1995, § 17.12.010)
No building or structure shall hereafter be erected, constructed, reconstructed, or altered to:
(1)
Exceed the height limit;
(2)
House a greater number of families or occupy a smaller lot area per family; or
(3)
Have a narrower or smaller front or side yards, or courts than are herein required.
(Code 1995, § 17.12.020)
No lot, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of the ordinance codified in this chapter, shall be reduced in size so that lot width or size of yards or lot area per family or any other requirements of this chapter are not maintained. This section shall not apply when a portion of a lot is acquired for public use.
(Code 1995, § 17.12.030)
No part of a yard or other open space or the off-street parking or loading spaces required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of the yard or off-street parking or loading spaces required for another building.
(Code 1995, § 17.12.040)
Except group developments, only one principal building and its permitted customary accessory buildings may hereafter be erected on any one lot.
(Code 1995, § 17.12.050)
No building shall be erected on a lot which does not abut a minimum of 20 feet on a public street.
(Code 1995, § 17.12.060)
The lawful use of any building or structure or land existing at the time of the enactment of the ordinance codified in this chapter may be continued even though such use does not conform with the provisions of this chapter except that the nonconforming structures or use shall not be:
(1)
Changed to another nonconforming use;
(2)
Reestablished after discontinuance for one year;
(3)
Extend except in conformity with this chapter; or
(4)
Rebuilt, altered, or repaired after damage exceeding 50 percent of its replacement cost at the time of destruction, except in conformity with this chapter.
(Code 1995, § 17.12.070)
All nonconforming uses not carried on within a building except those which are incidental and necessary to activities within a building shall be discontinued within three years from the date of adoption of the ordinance codified in this chapter or amendment thereto. Uses to be discontinued include but are not limited to outdoor sales areas, automobile parking lots, trailer courts, junk yards, storage yards, outdoor advertising signs, and similar uses, including small buildings incidental to such uses.
(Code 1995, § 17.12.080)
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building inspector, or from complying with his lawful requirements.
(Code 1995, § 17.12.090)
Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof, for which as building permit has been granted prior to the adoption of the ordinance codified in this chapter, provided construction shall start within 60 days after the granting of such permit.
(Code 1995, § 17.12.100)
In all use districts except the "B-1" central business district, no fence, wall, shrubbery, sign or other obstruction to vision between the heights of three feet and 12 feet shall be permitted within 60 feet of the intersection of the centerlines of streets or of streets and railroads.
(Code 1995, § 17.12.110)
(a)
Walls and fences shall be permitted in any zoning district and are not subject to setback requirements of the zoning ordinance of the city. The term fence as used in this section includes fence and privacy or security walls.
(b)
Fences shall be erected only upon application to and with permit issues by the planning and zoning commission of the city. Said permit shall be issued upon application and payment of the required application fee. Said fence shall comply with all existing ordinances of the city and shall be constructed in such a manner as to not obstruct a view of adjoining property owners entering or leaving a public way or street. Adequate provisions shall be made for access of normal utility service, including garbage collection, water and other utility meters and mail delivery. No fence may interfere with required off-street parking. All wooden or structural fences must be constructed in such a manner that the exterior of the fence or the side of the fence visible to the public is the finished side of the fence.
(c)
Walls or fences in residential zoning districts.
(1)
No wall or fence erected on an individual lot shall exceed eight feet in height within a side yard or rear yard, and must be constructed in such a manner that the exterior of the fence or the side of the fence visible to the public is the finished side of the fence.
(2)
Fences within the required front yard must meet the following specifications and conditions:
a.
Must submit for consideration and approval to the planning and zoning commission, including application, picture of fence (i.e. drawing, sketch, brochure, manufacturer's literature, photograph or other pictorial document) and property survey showing the location of the fence, house and street frontage;
b.
The maximum height of the fence or wall shall be three feet;
c.
Fence shall be constructed with natural wood, simulated wood, brick columns, fiber glass, or decorative ornamental iron only;
d.
The distance between the pickets must be a minimum of two inches;
e.
The color of the fence must be natural wood colors, neutral colors, such as white, beige, ivory, cream off-white, or black, dark green wrought iron or the same color as the facade of the primary structure on the property; and,
f.
The fence shall be maintained at all times by the property owner and/or occupant of the property.
(3)
Any subdivision entrance, wall or fence shall not 12 feet in height and shall be subject to approval of the planning and zoning commission, of a landscape plan, site plan, structural plans, and architectural elevations.
(4)
Electric and barb wire fences shall be prohibited in all residential areas.
(5)
Fences and walls along common areas, detention ponds, recreational areas and such areas shall be maintained all times by the home owners association and/or residents/property owners within that particular section of the subdivision/community serving the purpose thereof.
(Ord. of 4-2-2007(1), § I)
- USE AND DESIGN REGULATIONS GENERALLY
No building or structure of land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or altered except in conformity with the regulations herein specified for the district in which it is located.
(Code 1995, § 17.12.010)
No building or structure shall hereafter be erected, constructed, reconstructed, or altered to:
(1)
Exceed the height limit;
(2)
House a greater number of families or occupy a smaller lot area per family; or
(3)
Have a narrower or smaller front or side yards, or courts than are herein required.
(Code 1995, § 17.12.020)
No lot, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of the ordinance codified in this chapter, shall be reduced in size so that lot width or size of yards or lot area per family or any other requirements of this chapter are not maintained. This section shall not apply when a portion of a lot is acquired for public use.
(Code 1995, § 17.12.030)
No part of a yard or other open space or the off-street parking or loading spaces required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of the yard or off-street parking or loading spaces required for another building.
(Code 1995, § 17.12.040)
Except group developments, only one principal building and its permitted customary accessory buildings may hereafter be erected on any one lot.
(Code 1995, § 17.12.050)
No building shall be erected on a lot which does not abut a minimum of 20 feet on a public street.
(Code 1995, § 17.12.060)
The lawful use of any building or structure or land existing at the time of the enactment of the ordinance codified in this chapter may be continued even though such use does not conform with the provisions of this chapter except that the nonconforming structures or use shall not be:
(1)
Changed to another nonconforming use;
(2)
Reestablished after discontinuance for one year;
(3)
Extend except in conformity with this chapter; or
(4)
Rebuilt, altered, or repaired after damage exceeding 50 percent of its replacement cost at the time of destruction, except in conformity with this chapter.
(Code 1995, § 17.12.070)
All nonconforming uses not carried on within a building except those which are incidental and necessary to activities within a building shall be discontinued within three years from the date of adoption of the ordinance codified in this chapter or amendment thereto. Uses to be discontinued include but are not limited to outdoor sales areas, automobile parking lots, trailer courts, junk yards, storage yards, outdoor advertising signs, and similar uses, including small buildings incidental to such uses.
(Code 1995, § 17.12.080)
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building inspector, or from complying with his lawful requirements.
(Code 1995, § 17.12.090)
Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof, for which as building permit has been granted prior to the adoption of the ordinance codified in this chapter, provided construction shall start within 60 days after the granting of such permit.
(Code 1995, § 17.12.100)
In all use districts except the "B-1" central business district, no fence, wall, shrubbery, sign or other obstruction to vision between the heights of three feet and 12 feet shall be permitted within 60 feet of the intersection of the centerlines of streets or of streets and railroads.
(Code 1995, § 17.12.110)
(a)
Walls and fences shall be permitted in any zoning district and are not subject to setback requirements of the zoning ordinance of the city. The term fence as used in this section includes fence and privacy or security walls.
(b)
Fences shall be erected only upon application to and with permit issues by the planning and zoning commission of the city. Said permit shall be issued upon application and payment of the required application fee. Said fence shall comply with all existing ordinances of the city and shall be constructed in such a manner as to not obstruct a view of adjoining property owners entering or leaving a public way or street. Adequate provisions shall be made for access of normal utility service, including garbage collection, water and other utility meters and mail delivery. No fence may interfere with required off-street parking. All wooden or structural fences must be constructed in such a manner that the exterior of the fence or the side of the fence visible to the public is the finished side of the fence.
(c)
Walls or fences in residential zoning districts.
(1)
No wall or fence erected on an individual lot shall exceed eight feet in height within a side yard or rear yard, and must be constructed in such a manner that the exterior of the fence or the side of the fence visible to the public is the finished side of the fence.
(2)
Fences within the required front yard must meet the following specifications and conditions:
a.
Must submit for consideration and approval to the planning and zoning commission, including application, picture of fence (i.e. drawing, sketch, brochure, manufacturer's literature, photograph or other pictorial document) and property survey showing the location of the fence, house and street frontage;
b.
The maximum height of the fence or wall shall be three feet;
c.
Fence shall be constructed with natural wood, simulated wood, brick columns, fiber glass, or decorative ornamental iron only;
d.
The distance between the pickets must be a minimum of two inches;
e.
The color of the fence must be natural wood colors, neutral colors, such as white, beige, ivory, cream off-white, or black, dark green wrought iron or the same color as the facade of the primary structure on the property; and,
f.
The fence shall be maintained at all times by the property owner and/or occupant of the property.
(3)
Any subdivision entrance, wall or fence shall not 12 feet in height and shall be subject to approval of the planning and zoning commission, of a landscape plan, site plan, structural plans, and architectural elevations.
(4)
Electric and barb wire fences shall be prohibited in all residential areas.
(5)
Fences and walls along common areas, detention ponds, recreational areas and such areas shall be maintained all times by the home owners association and/or residents/property owners within that particular section of the subdivision/community serving the purpose thereof.
(Ord. of 4-2-2007(1), § I)