- HEIGHT, YARDS AND DENSITY
Maximum height limits established for buildings and structures are as follows:
(1)
Thirty-five feet in the RU-1, RS-1, and RS-2 single-family districts.
(2)
Forty-five feet in the RS-2 multifamily district.
(3)
Forty-five feet in the C-1, C-2, M-1, and M-2 commercial and industrial districts.
(Ord. No. 6886, § 1, 2-26-2024)
The above height limits may be exceeded in the following instances:
(1)
Public, semi-public or public service buildings, hospitals, institutions, agricultural buildings, or schools when permitted in a district, may be erected to a height not exceeding 110 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built.
(2)
Television, cell towers, and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, stacks, conveyors and flag poles may be erected to such height as may be authorized by the zoning and planning commission.
(3)
Buildings in the C-2, M-1, and M-2 districts may be increased in height one foot for each foot the building is set back from all yard lines up to a maximum height of 100 feet, provided that the gross floor area provided, exclusive of enclosed garages, does not exceed the number of square feet of land area of the lot on which the building is placed.
(Ord. No. 6886, § 1, 2-26-2024)
In no instance shall a building or other structure be constructed or maintained in violation of the height restrictions as provided in Ordinance No. 1734, regarding the city airport and its runway approaches.
(Ord. No. 6886, § 1, 2-26-2024)
The following minimum yards, measured in feet, shall be provided within the districts indicated below:
Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard. For the purpose of side yard regulations, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot.
(Ord. No. 6886, § 1, 2-26-2024)
The following additional yard requirements must also be observed.
(1)
On lots fronting on two nonintersecting streets, a front yard must be provided on both streets.
(2)
On corner lots, there must be a front yard on both streets. On corner lots that are lots of record, the buildable width cannot be reduced to less than 28 feet, except that there shall be a yard along the side street side of such a lot of at least five feet.
(3)
Where a frontage is divided among districts with different front yard requirements, the deepest front yard required shall apply to the entire frontage.
(4)
In the C and M districts, there may be more than one building on a lot, provided that the required yards be maintained around the group of buildings.
(5)
There may be two or more related multifamily, hotel, motel, or institutional buildings on a lot, provided that:
a.
The required yards be maintained around the group of buildings; and
b.
Buildings that are parallel or that are within 45 degrees of being parallel be separated by a horizontal distance that is at least equal to the height of the highest building.
(6)
Those parts of existing buildings that violate yard regulations may be repaired and remodeled, but not reconstructed or structurally altered.
(7)
A minimum front yard shall be devoted entirely to landscaped area except for guest parking and the necessary paving of driveways and sidewalks to reach parking or loading areas in or through the side yard, as space permits, or in a rear yard.
(8)
Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the minimum depth of a front or side yard shall be measured from such official line to the front line of the principal buildable area.
(9)
The minimum width of side yards for schools, libraries, churches, hospitals, community buildings and other public and semi-public buildings in residential districts shall be as required in the district in which the building is located. The minimum depth of rear yards for schools, libraries, churches, hospitals, community buildings and other public and semi-public buildings in residential districts shall be ten feet, except where the rear of the lot abuts an alley there shall be no set back requirement.
(10)
Except in the C-2 district, no sign, fence, wall, shrub, or other obstruction to vision exceeding three feet in height above the established street grade shall be erected, planted, or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 30 feet distant from the intersection of the street lines.
(Ord. No. 6886, § 1, 2-26-2024)
The following exceptions may be made to the yard requirements:
(1)
Where, on the effective date of the ordinance from which this chapter is derived, 40 percent or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner:
a.
Where the building farthermost from the street provides a front yard not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of then existing front yards.
b.
Where the circumstances of subsection a. of this section is not the case and a lot is within 100 feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two adjacent buildings.
c.
Where neither the circumstances of subsection a. nor b. of this section is the case, and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.
(2)
Sills, belt courses, window air-conditioning units, chimneys, cornices, and ornamental features may project into a required yard, outside the buildable area, a distance not to exceed 24 inches.
(3)
Filling station pumps and pump islands may occupy required yards; provided, however, that they are not less than 15 feet from all lot lines.
(4)
Signs in accordance with section 48-105.
(5)
Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a required rear yard, outside the buildable area, for a distance of not more than three and one-half feet when so placed as to not obstruct light and ventilation, may be permitted by the building inspector.
(6)
Open, unroofed, unenclosed porches (not glassed in) may extend ten feet into a front yard, outside the buildable area.
(7)
Terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections are distanced at least two feet from the adjacent side lot line.
(8)
No side yards are required where dwellings are erected above commercial and industrial structures, except such side yard as may be required for a commercial or industrial building on the side of a lot adjoining a residential district.
(9)
Accessory buildings must be located in a rear yard but must not occupy more than 30 percent of a required rear yard. The accessory structure must not exceed 50 percent of the total square feet of the ground floor dwelling unit and shall not exceed 1,000 square feet. Accessory buildings must not be used for a residential dwelling. Accessory building must not be on a vacant lot. Accessory building must have a main structure on the lot.
(10)
Any accessory building closer than ten feet to a main building shall be considered as part of the main building and shall be provided with the side and rear yards required for the main building.
(11)
An accessory building more than ten feet from a main building may be erected within five feet of a side lot line and ten feet from the rear lot line. Code administration must approve the location of accessory structure.
(12)
Where a garage is entered from an alley, it must be kept ten feet from the alley line.
(13)
On corner lots, the minimum buildable width of 28 feet for main buildings is reduced to 22 feet for accessory buildings.
(14)
Carports will not be installed in the front setback. Carports that are attached to the main dwelling unit must have three walls open, if the carport is closer than the ten feet side setback. Carports may be installed within five feet of the side setback. Code administration must approve the carport location.
(Ord. No. 6886, § 1, 2-26-2024)
The following minimum lot areas and lot widths must be provided in the districts indicated:
*Not applicable
(Ord. No. 6886, § 1, 2-26-2024)
The minimum lot area and lot width requirements established above may be modified as follows:
(1)
Where a lot of record at the time of the effective date of the ordinance from which this chapter is derived April 23, 1984, has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nevertheless be used for a one-family dwelling or for any nondwelling use permitted in the district in which it is located.
(2)
Existing buildings that are in violation of lot area requirements may be remodeled or repaired but may not be reconstructed or structurally altered unless made to conform to these requirements.
(3)
Lot area per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.
(4)
In the RU-1 district, the minimum lot area per family may be reduced to 20,000 square feet and the lot width to 100 feet where public water service is available but where there is no public sewer service or to 15,000 square feet and 80 feet, respectively, where both public water and public sewer services are available.
(Ord. No. 6886, § 1, 2-26-2024)
- HEIGHT, YARDS AND DENSITY
Maximum height limits established for buildings and structures are as follows:
(1)
Thirty-five feet in the RU-1, RS-1, and RS-2 single-family districts.
(2)
Forty-five feet in the RS-2 multifamily district.
(3)
Forty-five feet in the C-1, C-2, M-1, and M-2 commercial and industrial districts.
(Ord. No. 6886, § 1, 2-26-2024)
The above height limits may be exceeded in the following instances:
(1)
Public, semi-public or public service buildings, hospitals, institutions, agricultural buildings, or schools when permitted in a district, may be erected to a height not exceeding 110 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built.
(2)
Television, cell towers, and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, stacks, conveyors and flag poles may be erected to such height as may be authorized by the zoning and planning commission.
(3)
Buildings in the C-2, M-1, and M-2 districts may be increased in height one foot for each foot the building is set back from all yard lines up to a maximum height of 100 feet, provided that the gross floor area provided, exclusive of enclosed garages, does not exceed the number of square feet of land area of the lot on which the building is placed.
(Ord. No. 6886, § 1, 2-26-2024)
In no instance shall a building or other structure be constructed or maintained in violation of the height restrictions as provided in Ordinance No. 1734, regarding the city airport and its runway approaches.
(Ord. No. 6886, § 1, 2-26-2024)
The following minimum yards, measured in feet, shall be provided within the districts indicated below:
Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard. For the purpose of side yard regulations, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot.
(Ord. No. 6886, § 1, 2-26-2024)
The following additional yard requirements must also be observed.
(1)
On lots fronting on two nonintersecting streets, a front yard must be provided on both streets.
(2)
On corner lots, there must be a front yard on both streets. On corner lots that are lots of record, the buildable width cannot be reduced to less than 28 feet, except that there shall be a yard along the side street side of such a lot of at least five feet.
(3)
Where a frontage is divided among districts with different front yard requirements, the deepest front yard required shall apply to the entire frontage.
(4)
In the C and M districts, there may be more than one building on a lot, provided that the required yards be maintained around the group of buildings.
(5)
There may be two or more related multifamily, hotel, motel, or institutional buildings on a lot, provided that:
a.
The required yards be maintained around the group of buildings; and
b.
Buildings that are parallel or that are within 45 degrees of being parallel be separated by a horizontal distance that is at least equal to the height of the highest building.
(6)
Those parts of existing buildings that violate yard regulations may be repaired and remodeled, but not reconstructed or structurally altered.
(7)
A minimum front yard shall be devoted entirely to landscaped area except for guest parking and the necessary paving of driveways and sidewalks to reach parking or loading areas in or through the side yard, as space permits, or in a rear yard.
(8)
Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the minimum depth of a front or side yard shall be measured from such official line to the front line of the principal buildable area.
(9)
The minimum width of side yards for schools, libraries, churches, hospitals, community buildings and other public and semi-public buildings in residential districts shall be as required in the district in which the building is located. The minimum depth of rear yards for schools, libraries, churches, hospitals, community buildings and other public and semi-public buildings in residential districts shall be ten feet, except where the rear of the lot abuts an alley there shall be no set back requirement.
(10)
Except in the C-2 district, no sign, fence, wall, shrub, or other obstruction to vision exceeding three feet in height above the established street grade shall be erected, planted, or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 30 feet distant from the intersection of the street lines.
(Ord. No. 6886, § 1, 2-26-2024)
The following exceptions may be made to the yard requirements:
(1)
Where, on the effective date of the ordinance from which this chapter is derived, 40 percent or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner:
a.
Where the building farthermost from the street provides a front yard not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of then existing front yards.
b.
Where the circumstances of subsection a. of this section is not the case and a lot is within 100 feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two adjacent buildings.
c.
Where neither the circumstances of subsection a. nor b. of this section is the case, and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.
(2)
Sills, belt courses, window air-conditioning units, chimneys, cornices, and ornamental features may project into a required yard, outside the buildable area, a distance not to exceed 24 inches.
(3)
Filling station pumps and pump islands may occupy required yards; provided, however, that they are not less than 15 feet from all lot lines.
(4)
Signs in accordance with section 48-105.
(5)
Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a required rear yard, outside the buildable area, for a distance of not more than three and one-half feet when so placed as to not obstruct light and ventilation, may be permitted by the building inspector.
(6)
Open, unroofed, unenclosed porches (not glassed in) may extend ten feet into a front yard, outside the buildable area.
(7)
Terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections are distanced at least two feet from the adjacent side lot line.
(8)
No side yards are required where dwellings are erected above commercial and industrial structures, except such side yard as may be required for a commercial or industrial building on the side of a lot adjoining a residential district.
(9)
Accessory buildings must be located in a rear yard but must not occupy more than 30 percent of a required rear yard. The accessory structure must not exceed 50 percent of the total square feet of the ground floor dwelling unit and shall not exceed 1,000 square feet. Accessory buildings must not be used for a residential dwelling. Accessory building must not be on a vacant lot. Accessory building must have a main structure on the lot.
(10)
Any accessory building closer than ten feet to a main building shall be considered as part of the main building and shall be provided with the side and rear yards required for the main building.
(11)
An accessory building more than ten feet from a main building may be erected within five feet of a side lot line and ten feet from the rear lot line. Code administration must approve the location of accessory structure.
(12)
Where a garage is entered from an alley, it must be kept ten feet from the alley line.
(13)
On corner lots, the minimum buildable width of 28 feet for main buildings is reduced to 22 feet for accessory buildings.
(14)
Carports will not be installed in the front setback. Carports that are attached to the main dwelling unit must have three walls open, if the carport is closer than the ten feet side setback. Carports may be installed within five feet of the side setback. Code administration must approve the carport location.
(Ord. No. 6886, § 1, 2-26-2024)
The following minimum lot areas and lot widths must be provided in the districts indicated:
*Not applicable
(Ord. No. 6886, § 1, 2-26-2024)
The minimum lot area and lot width requirements established above may be modified as follows:
(1)
Where a lot of record at the time of the effective date of the ordinance from which this chapter is derived April 23, 1984, has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nevertheless be used for a one-family dwelling or for any nondwelling use permitted in the district in which it is located.
(2)
Existing buildings that are in violation of lot area requirements may be remodeled or repaired but may not be reconstructed or structurally altered unless made to conform to these requirements.
(3)
Lot area per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.
(4)
In the RU-1 district, the minimum lot area per family may be reduced to 20,000 square feet and the lot width to 100 feet where public water service is available but where there is no public sewer service or to 15,000 square feet and 80 feet, respectively, where both public water and public sewer services are available.
(Ord. No. 6886, § 1, 2-26-2024)