Customary home occupations may be established in any dwelling unit. The following requirements shall apply in addition to all other applicable requirements of this chapter for the district in which the uses are located.

   (A)   The home occupation shall be clearly incidental and subordinate to the residential use of the dwelling and shall not change the residential character of the dwelling.

   (B)   No accessory buildings or outside storage shall be used in connection with the home occupation.

   (C)   Use of the dwelling for the home occupation shall be limited to 25% of the area of the principal building.

   (D)   Residents of the dwelling plus a maximum of 1 nonresident may be engaged in a home occupation or otherwise report to work at the dwelling.

   (E)   No display of products shall be visible from any adjoining lot or street and only articles made or reconditioned on the premises may be sold; except that nondurable articles incidental to a service conducted at the home occupation may be sold on the premises.

   (F)   No external alterations inconsistent with the residential character of the building shall be permitted.

   (G)   Only vehicles used primarily as passenger vehicles (e.g., automobiles, vans and pick-up trucks) shall be permitted in connection with the conduct of the customary home occupation.

   (H)   No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of the home occupation shall be provided off the road right-of-way in the manner and in the amount provided for in § 153.185 of this chapter.

   (I)   Chemical, mechanical, or electrical equipment that creates odors, light emission, noises, or interference in radio or television reception detectable outside the dwelling shall be prohibited.

   (J)   Home occupations may only be conducted between the hours of 7:00 a.m. and 9:00 p.m.

   (K)   All customary home occupations shall require the issuance of a certificate of occupancy by the Administrator.

   (L)   Tutoring or home instruction classes shall be limited to a maximum of 6 students at a time.

   (M)   (1)   One nonilluminated professional name plate, occupational sign or business identification sign mounted flush to the dwelling unit and not more than 2 square feet in area shall be allowed per customary home occupation.

      (2)   In lieu of a flush mounted sign, a freestanding sign of up to 2 square feet and not higher than 5 feet may be erected in the front yard not closer to the street than a line located equidistant between the front of the principal dwelling and the street right-of-way. In no case shall a freestanding sign be located within a sight triangle.

(Prior UDO, § 5.1) Penalty, see § 153.999

   The intent of these screening requirements shall be to create a screen between zoning districts and other zoning districts or to screen certain uses in order to minimize potential nuisances such as the transmission of noise, dust, odor, litter and glare of lights; to reduce the visual impact of unsightly aspects of adjacent development; to provide for the separation of spaces; and to establish a sense of privacy. Any screening required under this section shall materially screen the subject use between the ground level and the height of the required screening from the view of the adjoining.

         (a)   Within any NB, GB, CC, HB, PB, GMC or GI District, screening shall be required for the open storage of any goods other than vending machines, retail goods left outside only during business hours, vehicles, trailers, other equipment capable of being driven on a roadway and any fixtures fastened to a building, ground or impervious surface; or for any unenclosed structure consisting of a roof, but no walls used for storage of materials, products, wastes or equipment, whenever the storage or structure is located within 100 feet of the street right-of-way line.

         (b)   Open storage of vehicles, trailers and other equipment is not permitted in the CB or CBT Districts.

         (c)   Screening shall be placed on the property so as to effectively screen the open storage or structure from the public view from any street right-of-way.

   (B)   Location of screening.

      (1)   (a)   Any screening required by division (A) shall be located along side and/or rear property lines of the lot(s) in question except that screening shall not be required along any street right-of-way unless otherwise stipulated in this chapter.

         (b)   If screening is required along a street right-of-way it shall be located behind the right-of-way and outside the area of the sight triangle (defined in § 153.031 of this chapter).

      (2)   (a)   Whenever an industrial use is located on the opposite side of a street right-of-way from a (R) residential zone, screening shall be installed on the industrial use property along the street right-of-way.

         (b)   An exception to this requirement is made when the street is a special highway as listed in § 153.120 of this chapter because § 153.120(G) sets forth special landscaping along a special highway.

         (c)   For the purposes of this requirement, an industrial use is deemed to be any use that is listed only in the GMC or GI Districts and not in any other general zoning district (permitted use or use subject to prescribed standards).

   (C)   Specifications for screening. Screening may be in the form of natural plantings, planted berms, walls or fences. Screening shall be encouraged, however, in the form of natural plantings. Where sufficient room exists to place a screen consisting of natural plantings or maintain an existing screen of natural plantings, the natural plantings shall be used as the required form of screening. Otherwise, screening in the form of a planted berm, wall or fence may be used. The Administrator may approve a combination of natural planting, planted berm, wall or fence, if he or she determines that the spirit and intent of this section are met by the combination. (See this section, this division (C) and division (D) below and note street landscaping requirements in this division.)

      (1)   Natural plantings.

         (a)   Where natural plantings are used, a buffer strip of at least 20 feet in width (10 feet for a nonresidential use in the R-O District) shall be planted. This strip shall be free of all encroachment by structures, parking areas or other impervious surfaces. The amount and type of buffer materials to be planted per 100 linear feet shall be as indicated in Figure A below.

         (b)   All materials planted shall be free from disease, installed in a fashion that ensures the availability of sufficient soil and water to sustain healthy growth, properly guyed or staked and planted in a manner that is not intrusive to utilities and/or pavement and planted in accordance with division (G) below of this section.

      (2)   Walls or fences.

         (a)   Any wall shall be constructed in a durable fashion with a finish surface of brick, stone or other decorative masonry material approved by the Administrator.

         (b)   Fences shall be constructed of wood in a durable fashion and of durable, weather resistant wood fencing materials and of consistent pattern. No wall or fence shall be less than six feet nor greater than eight feet in height above grade. All walls or fences used for screen purposes shall be opaque. Walls and fences shall be constructed in accordance with division (G) of this section.

      (3)   Berms. All berms shall be planted with both shrubs and ground covers to leave no bare earth. The berm shall be at least three feet in height and contain at least 30 shrubs per 100 linear feet. The shrubs shall be a species that can be expected to materially screen the development site within five years of planting. No slope of a berm shall be steeper than one foot of rise for every three feet in plane.

   (D)   Relief to screening requirements. In the event that the unusual topography or elevation of a development site or the location or size of the parcel to be developed would make strict adherence to the requirements of this section serve no meaningful purpose or would make it physically impossible to install and/or maintain the required screen, the Administrator may alter the requirements of this chapter provided the spirit and intent of the screening requirement as outlined in this section are maintained. An alteration may occur only at the request of the developer, who shall submit a plan to the Administrator showing existing site features that would screen the proposed use and any additional screen materials the developer will plant or construct to screen the proposed use. The Administrator shall have no authority to provide relief unless the developer demonstrates that existing site features and any additional screening materials will screen the proposed use as effectively as the required screen.

   (E)   Areas deficient in screening.

      (1)   All existing uses whether conforming or nonconforming, that have existing junked or inoperable vehicles stored on site, shall be required to install screening within 24 months of the date of adoption of these provisions in accordance with this division.

         (a)   If the use can be viewed from a street, the first 20 feet between the street right-of-way and the use must be screened so that junked or inoperable vehicles cannot be viewed from the street. If this cannot be done due to lack of space for plantings, an opaque fence six feet in height may be provided in lieu of plantings.

         (b)   If a vehicle storage yard, automotive wrecker service, or junkyard is adjacent to a residential district, a minimum 20-foot landscaped strip shall be provided between the property line and the use.

      (2)   An exception to the requirements of this division may be made where the Administrator determines either:

         (a)   The use has insufficient land to install required screen;

         (b)   The use would be required to utilize land developed for off-street parking for screening; or

         (c)   The use is already screened by existing topography or plant life. In these cases he or she may partially or entirely (as necessary) waive the requirements of this division by allowing less screening, use of alternative materials, existing features or any combination thereof, provided the spirit and intent of this chapter are preserved.

   (F)   Existing screened areas. In cases where an existing screened area exists, further plantings and or improvements shall not be required provided the screened area is of sufficient width and depth and contains adequate and sufficient materials to meet the requirements of this chapter. If the screened area is deficient, the developer shall make needed improvements and/or additions to satisfy the screening requirements and intent of this chapter.

      (1)   The plantings, fences, walls or berms that constitute a required screen shall be properly installed and maintained in order for the screen to fulfill the purpose for which it is established. Walls, fences and berms shall be constructed in a durable and attractive fashion in accordance with any applicable codes and generally accepted construction and workmanship practices and meet all specifications herein. Plant species shall be recommended for healthy growth under local climate conditions, not highly prone to disease and be expected to grow in a manner to meet the spirit and intent of this section. Plant materials shall be planted in accordance with generally accepted and recommended planting and growing practices.

      (2)   The owner of the property and any tenant on the property where a screen is required shall be jointly and severally responsible for the maintenance of all screen materials. The maintenance shall include all actions necessary to keep the screened area free of litter and debris, to keep plantings healthy and growth from interfering with safe vehicular or pedestrian travel, or use of parking areas, or from creating any nuisances to adjoining property owners and to keep walls, fences and berms in good repair and neat appearance. Any vegetation that constitutes part of a screen shall be replaced in the event that it dies. All screen materials shall be protected from damage by erosion, motor vehicles or pedestrians.

(Prior UDO, § 5.2) (Ord. passed - - ; Ord. O-5-23, passed 4-6-2023; Ord. ZTA-1-2025, passed 4-3-2025)

   (A)   Generally.

      (1)   The intent of these landscaping requirements shall be to enhance the visual quality of development, to soften the appearance of expansive paved areas and building mass, create and maintain a pleasing appearance in the community, reduce the effects of glare and heat caused by parking areas and to reduce visual clutter along commercialized streets.

      (2)   Landscaping required by this section shall be installed in the following situation:

         (a)   All new construction, development or any expansions in developed site area land uses; or

         (b)   For all existing development, other than one- or two-family residential land uses, when more than 50% of the land area developed at the time of application for zoning permit is disturbed, redesigned, altered or reconstructed.

      (3)   Where screening or buffering requirements of this chapter overlap in area, duplicate or otherwise conflict with any requirement of this section, only the more stringent requirements need be met; provided however, no fence, wall or berm may be substituted for any requirement in this section.

      (4)   The succeeding divisions described the minimum types and amounts of landscaping which shall be required.

      (5)   Where growing conditions permit, large trees may be substituted for small trees and large or small trees may be substituted for shrubs, however, required larger plant material may not be substituted with smaller plant materials. Where existing plant life satisfies the requirements of this section the owner is encouraged to use plant life in lieu of destroying it and planting new materials.

      (1)   Street landscaping off the street right-of-way and behind the sight triangle shall be required in the OR, OI, NB, GB, CC, HB, PB, GMC and GI Zoning Districts along all thoroughfares.

      (2)   The landscaping shall be provided in a designated landscaping area which shall include, as width, at least the first 12 feet of the front yard and side yard as measured from the edge of the street right-of-way line. Per 100 linear feet of landscaping, there shall be, at a minimum, 4 small trees and 12 shrubs, or 4 large trees. The remaining portion of the landscaped area shall be improved with ground covers or natural mulching materials. No part of the landscaped area shall be left as bare soil. It shall be the responsibility of the owner of the property and any tenant of the property to maintain the landscaped area in a healthy condition; to keep plant growth off roadways or otherwise from interfering with traffic visibility or safety, and to keep the landscaped area free of litter, debris and uncontrolled weed growth. Within the designated landscaped area, landscaped decorative fences and masonry walls may be constructed no closer than 6 feet to the street right-of-way line and behind the sight triangle, however, the construction of the fences or masonry walls shall not relieve the developer from planting requirements except as provided in the succeeding divisions of this section.

      (3)   All required plantings shall be located on the street side of any fence or wall, and where berms are constructed, between the street right-of-way line and the crest of the berm. Any side devices constructed within the designated landscaped area shall be limited to the following.

         (b)   Fences. Fences shall be constructed of decorative wood or metal materials, designed specifically for fencing, be of a consistent patter, and not exceed 6 feet in height. Metal fences shall be limited to decorative steel or iron. Utility metal fencing such as chain link fencing is not permitted within the designated landscape area. (Utility fences are permitted outside (side opposite street side) the designated landscaping area, see § 153.049 and other applicable requirements.) Wood fences shall be limited to pressure treated wood or naturally preserved species approved by the Administrator (e.g., locust and redwood). Wood fencing may be rail, picket, or opaque in construction and must be of a consistent pattern.

      (4)   In the event that the size of the parcel to be developed or its location would make it physically impossible to install and/or maintain the required landscaping, the Administrator may alter the street landscaping requirements of this chapter provided, however, the spirit and intent of this chapter are maintained. An alteration may occur only if the developer submits a plan to the Administrator that shows any existing and proposed landscaping. The Administrator shall otherwise have no authority to alter any landscaping requirements.

      (5)   No street landscaping materials, wall or fence device shall be constructed or maintained in a manner which blocks sight distance at vehicular ingress and egress points on the property or obstructs sight distance at street intersections as set forth in § 153.052 of this chapter. All plantings exceeding two and one-half feet in height shall be located behind the sight triangle.

   (C)   Parking lot landscaping.

      (1)   Parking lots shall be landscaped in accordance with this division. The provisions of this section do not apply to rear parking lots. As used herein, the rear parking lots include only parking areas located between the rear building line and a rear interior lot line (a line not adjoining a street. The amount of plant materials required for parking lot landscaping is in addition to any plant materials required by any other provision of this chapter (e.g., buffer strips, street landscaping and building landscaping).

      (2)   The following minimum number of plants shall be required for each parking space. If calculations result in a fraction, the fraction shall be increased to the next whole number.

 

 

      (3)   The following rules shall apply to the arrangement and installation of required parking lot landscaping. These requirements apply only to the minimum number of trees required by this section. Non-required trees (additional trees beyond what is required by this section) may be planted in any fashion.

         (a)   Large trees shall be planted so that no point of the tree’s main trunk is closer than four feet from parking lot or driveway surfaces. If large trees required by this division are planted in an island (area surrounded by paved surfaces), peninsula, or median there shall be sufficient pervious planting area (pervious area shall also mean impervious materials (e.g., walks), that drain into the trees root area) for viable growth of the tree(s). Trees may be clustered where appropriate for the species and this area may also be used for planting shrubs or small trees. To be counted for required parking lot landscaping, a large tree must be planted within 25 feet of the parking lot. Where existing plant stock is to be counted at distances greater than 25 feet from the paved surfaces where the developer can show that the existing stock casts shadows upon the paved surface. No trees located off the project site may be substituted for new plantings.

         (b)   Small trees shall be planted so that no point of the tree’s main trunk is closer than four feet from parking lot or driveway surfaces. To be counted for required parking lot landscaping, a small tree must be planted within 15 feet of the parking lot.

         (c)   No shrubs shall be located within any vehicle overhang area. (Area three feet beyond curb or wheel stop at the head of a parking space.)

         (d)   Required parking lot landscaping shall generally be distributed throughout the parking area. Plantings may be located along the perimeter of the parking lot, along entranceways, and on interior features such as islands, peninsulas and medians. The minimum percent each of the required large trees, small trees, and shrubs to be planted on interior features (islands, peninsulas, and medians) is as follows:

 

 

         (e)   Each parking space shall be not further than 100 feet from a tree (large tree or small tree).

         (f)   It is encouraged that trees be located so as to maximize shading of parking spaces during summer months.

         (g)   All parking lot landscaped areas shall be covered with ground covers or natural mulching materials, however, areas subject to vehicle overhang may be covered with brick, stone, mulch or other non-living materials.

      (1)   The tree is either:

         (a)   Diseased and dying; or

         (b)   Otherwise a threat to public safety or potential property damage; or

      (2)   That the removal of the tree would not make the property less conforming to the standards of either divisions (B) or (C) of this section.

      (1)   The plantings that constitute required landscaping shall be properly installed and maintained in order to fulfill the purpose of which it is established.

      (2)   Plant species shall be recommended for healthy growth under local climate conditions, not of a type highly prone to disease, and be of a type highly prone to disease, and be of a type expected to grow in a manner which will satisfy the spirit and intent of this section of this chapter. Plant materials shall be planted in accordance with generally recommended and accepted planting and growing practices. The owner of the property, any tenant on the property where landscaping is required shall be jointly and severally responsible for the maintenance of all required landscape materials. The maintenance shall include all actions necessary to keep the landscaped areas free of litter and debris; to keep plantings healthy; to keep growth from interfering with safe vehicular or pedestrian travel, or use of parking areas, or from creating any nuisances to adjoining properties; and to keep walls, fences, and berms in good repair and neat appearance.

      (3)   Any vegetation that constitutes required landscaping shall be replaced in the event that it dies. All landscaping materials shall be protected from damage by erosion, motor vehicles or pedestrians.

(Prior UDO, § 5.3) (Ord. passed - - ; Ord. ZTA-1-2025, passed 4-3-2025) Penalty, see § 153.999

   After the effective date of this chapter, a certificate of zoning compliance shall not be issued for any use located on a lot(s) upon which screening and/or landscaping is required, unless the screening and landscaping is provided on the lot(s) as herein specified. This provision may be temporarily waived by the Administrator in cases where it was not possible for the developer to install certain species of plant material prior to occupancy due to the recommended planting season not occurring at an appropriate phase in construction, and in that case, the time deadline for planting the materials shall be extended only to the ideally recommended planting season for the materials.

(Prior UDO, § 5.4)

   Except as otherwise noted, fences or walls are permitted in the various districts subject to the following regulations.

      (1)   When fences or walls are installed in a required setback area (required front, side or rear yard), the maximum height shall be 6 feet, except when the fence or wall is installed pursuant to § 153.046(C)(2) of this chapter it shall not exceed 8 feet in height.

      (2)   No electrical fences shall be permitted.

      (1)   Maximum height shall be 12 feet except that no maximum shall apply to jails and penal institutions where the wall or fence is installed behind any required setbacks.

      (2)   No electrical fences shall be permitted.

(Prior UDO, § 5.5) (Ord. passed - - ) Penalty, see § 153.999

   No lots may be created after the effective date of this chapter that do not have at least 35 feet of dedicated street right-of-way frontage except as follows.

   (A)   A lot not having 35 feet of dedicated street right-of-way frontage may be created if located entirely within a planned shopping center or office park.

   (B)   A one-family residence may be constructed on a lot which existed at the effective date of this chapter which does not abut a dedicated street right-of-way provided the lot is given access to a dedicated street by an easement at least 12 feet in width for the use of the dwelling established on the lot and further provided that the easement is maintained in a condition passable for automobiles and service and emergency vehicles. This easement may not be extended to provide access to any other lots or to any other residence not having frontage on a dedicated street.

(Prior UDO, § 5.6) Penalty, see § 153.999

   (A)   No more than 1 principal residential structure shall be located on a lot, except as a part of multi-family development. A lot with 2 Class A or Class B manufactured homes that existed at the time of the adoption of this amendment (May 6, 1999) may continue and the manufactured homes on the lot may be replaced provided that the replacement homes meet the minimum requirements of § 153.136(G).

   (B)   More than 1 principal structure devoted to a nonresidential use may be located on a lot provided that access is available from a public street to each building for use by service or emergency vehicles.

(Prior UDO, § 5.7) (Ord. passed 6-25-2020) Penalty, see § 153.999

   On a corner lot in any district (other than the CB and CBT Districts) no planting, structure, sign (other than traffic regulation signs), fence, wall or artificial obstruction to vision more than 2-1/2 feet in height shall be placed or maintained within the sight triangle.

(Prior UDO, § 5.8) Penalty, see § 153.999

   Temporary structures and uses, when in compliance with all applicable provisions of this chapter and all other ordinances of the city shall be allowed. The following temporary structures and uses shall be permitted.

   (A)   Construction trailers used in connection with construction projects shall not require temporary use permits provided that the following conditions are met:

      (1)   The construction trailers shall be located on a building site only upon receipt of a valid building permit for the construction project;

      (2)   The construction trailers may remain on a construction site as long as there is a valid building permit for the construction project; and

      (3)   All construction trailers shall be located off all street rights-of-way.

   (B)   (1)   Carnivals, circuses, tent assemblies, and similar commercial and charitable uses not otherwise listed as a permitted use or a use subject to prescribed standards in the district in which they are located and which are of limited time duration and which do not involve the use of any permanent structures and which are located less than 200 feet from residential land uses located in residential zoning districts may be permitted upon the authorization of the Board of Adjustment and subsequent issuance of a permit by the Administrator. The Board of Adjustment, in approving the use, may authorize conditions regarding duration of the use, hours of operation, signage, lighting and the like, and these conditions shall be made part of the permit issued by the Administrator.

      (2)   Carnivals, circuses, tent assemblies, and similar commercial and charitable uses not otherwise listed as a permitted use or a use subject to prescribed standards in the district in which they are located and which are of limited time duration and which do not involve the use of any permanent, structures and are located 200 feet or more from residential land uses located in residential zoning districts may be permitted upon the authorization of the Zoning Administrator. The Zoning Administrator, in approving the use, may authorize conditions regarding duration of the use, hours, of operation, signage, lighting and the like, and these conditions shall be made part of the permit issued by the Administrator.

   (C)   In the event of a disaster, the result of which would require the rebuilding of a dwelling, the owner and his or her family may occupy a manufactured home on the property. The permit granted by the Administrator, shall be for a 1 year period and may be renewed by the Board of Adjustment provided that construction has proceeded in a diligent manner.

   (D)   Structures, whether temporary or permanent, located in a subdivision, and used as sales offices for the subdivision development are permitted. The permits shall be issued by the Board of Adjustment for a period of 1 year, and are renewable for a period of time to be determined by the Board of Adjustment, provided the development is being actively marketed. At the completion of the sales in a tract or upon expiration of the permit, whichever occurs first, the temporary structure(s) shall be removed, and any permanent structure(s), temporarily used as a sales office shall be used only for a purpose otherwise permitted in that district.

   (E)   (1)   In any Single-Family Residential (R) District, a temporary health care structure is a permitted accessory use subject to the provisions of this section.

      (3)   A temporary family health care structure used by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver is a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings.

      (4)   A temporary family health care structure used by an individual who is the named legal guardian of the mentally or physically impaired person is a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings in accordance with this section if the temporary family health care structure is placed on the property of the residence of the individual and is used to provide care for the mentally or physically impaired person.

      (5)   Only 1 temporary family health care structure shall be allowed on a lot or parcel of land. Such temporary family health care structures shall comply with all setback requirements that apply to the principal structure.

      (6)   Any person proposing to install a temporary family health care structure shall first obtain a permit from the Zoning Administrator. The applicant must provide sufficient proof of compliance with this section in order to obtain a permit. The applicant must also provide evidence of compliance with this section on an annual basis as long as the temporary family health care structure remains on the property. The evidence may involve the inspection by the Zoning Administrator or his or her designee of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation and annual renewal of the doctor's certification.

      (7)   Any temporary family health care structure installed under this section may be required to connect to any water, sewer, and electric utilities serving the property and shall comply with all applicable state and local ordinances as if the temporary family health care structure were permanent real property.

      (8)   No signage advertising or otherwise promoting the existence of the temporary health care structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.

      (9)   Any temporary family health care structure installed pursuant to this section shall be removed within 60 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. If the temporary family health care structure is needed for another mentally or physically impaired person, the temporary family health care structure may continue to be used or may be reinstated on the property within 60 days of its removal, as applicable.

      (10)   The Zoning Administrator or his or her designee may revoke the permit granted pursuant to division (E)(6) if the permit holder violates any provision of this section.

(Prior UDO, § 5.9) (Ord. ZTA-3-08, passed 11-18-2008; Ord. ZTA-1-2011, passed 5-5-2011; Ord. O-02-18, passed 4-5-2018; Ord. passed - - ; Ord. O-5-2024, passed 6-6-2024) Penalty, see § 153.999

   (A)   Generally.

      (1)   For purposes of this chapter, the height of a structure shall be the vertical distance measured from the mean elevation of the finished grade at the front of the structure to the highest point of the structure.

      (2)   The maximum heights as indicated in the various districts may be exceeded for the following uses:

         (a)   Roof structures not intended for human occupancy such as skylights, transmission or television towers, housing for elevators and stairways, water tanks, ventilating fans, air conditioning equipment or similar equipment; steeples, spires; belfries, cupolas or chimneys;

         (c)   Radio and television antennas; and

         (c)   Hospitals, health centers and medical education centers.

   (B)   Setbacks for structures with height exceptions. Any structure which exceeds the prescribed maximum building height for the zoning district in which it is located shall be located on the lot so that no portion of the structure is located closer to any lot line than the difference between the actual height of the structure and the normally allowed maximum building height in that zoning district.

(Prior UDO, § 5.10) Penalty, see § 153.999

   The front yard requirements of this chapter for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within 100 feet on either side of the proposed dwelling and on the same side of the street in the same block and use district as the lot is less than the minimum required front yard depth. In that case the front yard on those lots may be less than the required front yard but not less than the average of the existing front yard on the aforementioned lots, or a distance of 15 feet from the edge of the street right-of-way, whichever is greater.

(Prior UDO, § 5.11) Penalty, see § 153.999

   Outdoor lighting shall be located in a manner that does not endanger motorists.

(Prior UDO, § 5.12) Penalty, see § 153.999

   (A)   Within any Residential (R) District, accessory structures shall be located as follows.

      (1)   Except as herein provided, no portion of any accessory structure shall be located within any front yard. Exceptions are:

         (a)   Water wells may be located in any front, side or rear yard; and

         (b)   Automobile garages designed to accommodate no greater than 3 automobiles may be located in any front yard other than in the required front setback. Any garage shall also observe the minimum dwelling side setback requirement for the zoning district in which it is located.

      (2)   Accessory structures are allowed in any side yard, provided they observe a setback of 10 foot side yard from any side yard lot line.

      (3)   Accessory structures are allowed in any rear yard provided that all accessory structures observe a 10 foot setback from any rear lot line.

   (B)   On any lot containing a principal residential use, the aggregate area of all accessory structures (excluding barns, farm-related structures and satellite dish antennas) shall not cover more than 30% of the required rear yard nor exceed the height of the principal building. All lots, however, shall be allowed to have an accessory garage of no greater than 500 square feet provided that the garage:

      (1)   Meets all required setbacks; and

      (2)   Is designed primarily to house automobiles.

   (C)   For all nonresidential uses, no off-street parking or loading areas shall be located within 12 feet of any street right-of-way line.

   (D)   Within any NB, CB, CBT, GB, CC, HB, PB, GMC or GI District, accessory structures shall be located as follows.

      (1)   Except as herein provided, no accessory structure shall be located in any required front or side setback. A water well may be located in any front, side or rear yard.

      (2)   Accessory structures are allowed within with rear principal building setback area provided that no accessory structure (except as provided in division (B)(1) above of this section) shall be allowed within 10 feet of a rear or side yard line or within 20 feet in the case of any rear or side yard line which abuts a Residential (R) District.

   (E)   Outpatient wellness centers, medical education centers, nursing care facilities and helistops are permitted as accessory uses to hospitals and health centers.

   (F)   Accessory structures of a bona fide farm are exempt from the North Carolina State Building Code in accordance with G.S § 160D-903.

(Prior UDO, § 5.13) (Ord. O-10-19, passed 11-7-2019; Ord. passed - - ; Ord. ZTA-1-2025, passed 4-3-2025) Penalty, see § 153.999

   Nothing in this chapter shall be deemed to require any change in the plans, construction or designed use of any building or structure upon which a building permit was secured prior to the adoption of this chapter, provided the construction was in conformance with the city’s zoning ordinance adopted by the City Council on November 1, 1990 and/or the city subdivision ordinance, adopted by the City Council on January 10, 1991, and any amendment subsequent thereto and provided the building permit remains valid.

(Prior UDO, § 5.14) Penalty, see § 153.999

   (A)   No required yard or lot area existing at the time of adoption of this chapter or any amendment subsequent thereto shall be reduced in size below the minimum requirements set forth herein, except as the result of street widening or other taking for public use or conveyance in lieu thereof.

   (B)   Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter. This prohibition shall not be construed to prevent the condemnation of land for public purposes.

(Prior UDO, § 5.15) Penalty, see § 153.999

   A manufactured home may only be used as a principal residential structure, except when serving as a manufactured home sales lot office.

(Prior UDO, § 5.16) (Ord. passed - - ) Penalty, see § 153.999

(Prior UDO, § 5.17) (Ord. passed - - ) Penalty, see § 153.999

   (A)   Generally. The location of required front, side and rear yards on irregularly shaped lots shall be determined by the Administrator. The determination will be based on the spirit and intent of this chapter to achieve and appropriate spacing and location of buildings and structures on individual lots.

   (B)   Front yards and rear yards on corner lots.

      (1)   On corner lots, the front yard shall be measured perpendicular from the street lot line having the shortest linear footage. If both street lot lines have equal linear footage and no principal structure is located on the lot, the property owner shall determine the location of the front yard. On lots having equal frontage and there is a principal structure located on the lot the front yard shall be based on the architectural orientation of the house. Once the front yard is determined the rear yard shall be the yard opposite the front yard.

      (2)   A graphic example of this is as follows:

   (C)   Front yards and rear yards on through lots.

      (1)   On through lots, the required front and rear yards shall each equal or exceed the greater of either the required front or rear yard setback that would normally be applied in that zoning district. For example, if a through lot were located in a zoning district which normally required a 35-foot front setback and a 25-foot rear setback, both front and rear setbacks would have to equal or exceed 35 feet. For the purpose of placing accessory structures, however, the rear yard shall be deemed to be the yard opposite the street-side yard which the architectural front of the building faces. For the purpose of placing a principal residence, the Administrator shall require the architectural front of the building to be oriented similar to residences on either side.

      (2)   A graphic example of this is as follows:

(Prior UDO, § 5.18) Penalty, see § 153.999

   No established use in any district may be operated in a fashion that any inherent or recurring ground vibrations can be felt or detected at the property line without the use of instruments.

(Prior UDO, § 5.19) Penalty, see § 153.999

   Every use of land shall be operated in a way that regularly recurring noises are not disturbing or unreasonably loud and do not cause injury, detriment or nuisance to any person of ordinary sensitivities. Every use in a NB, CB, CBT, GB, CC, HB, PB, GMC or GI District must be operated in a way that any noise which may be detected by the human senses without instruments at the district boundary line separating that district from a Residential (R) District is no louder or frequent than the noise which could normally be expected from uses allowed in that Residential (R) District.

(Prior UDO, § 5.20) (Ord. passed - - ) Penalty, see § 153.999

   Every use of land shall be operated in a way that regularly recurring odors are not disturbing and do not cause injury, detriment or nuisance to any person of ordinary sensitivities. Every use in a NB, CB, CBT, GB, CC, HB, PB, GMC or GI District must be operated in a way that any odor which may be detected at the district boundary line separating that district from a Residential (R) District is similar in character to odors which could be expected to be generated from uses allowed in that Residential (R) District.

(Prior UDO, § 5.21) (Ord. passed - - ) Penalty, see § 153.999

   Yard sales as defined in § 153.031 of this chapter are hereby permitted in any zone without permit.

(Prior UDO, § 5.22) Penalty, see § 153.999

   No yard requirements as set forth in §§ 153.105 through 153.122 of this chapter are applicable to essential services, Class I. There are no yard requirements for essential services, Class I.

(Prior UDO, § 5.23) Penalty, see § 153.999

   Any business or industrial use is permitted one accessory day care center, as defined in § 153.031 of this chapter.

(Prior UDO, § 5.24) Penalty, see § 153.999

   (A)   On any residential lot of less than two acres in size and located in a Residential (R) zone, commercial vehicles which may be parked on an overnight basis shall be limited to school buses, vans and pick-up trucks. This requirement shall not be interpreted to prohibit vehicles from loading and unloading household goods in any Residential (R) District for a period of up to 24 hours nor shall this restrict the overnight parking of freight truck tractors without trailers on any lot.

   (B)   A residentially developed lot shall not be used as the base of operation for any freight hauling truck.

(Prior UDO, § 5.25) Penalty, see § 153.999

(Prior UDO, § 5.26) (Ord. passed - - ) Penalty, see § 153.999

   A canopy or awning may extend beyond a structure to cover a sidewalk or other walkway provided that no canopy or awning may extend over the portion of a public right-of-way used for vehicular traffic or parking.

(Prior UDO, § 5.27) Penalty, see § 153.999

   (A)   Purpose. The purpose of establishing supplementary requirements for development in the Central Business (CB) and Central Business Transitional (CBT) Districts is to protect and enhance the visual character of development and to preserve the unique streetscape of downtown by encouraging compatibility among downtown structures.

   (B)   Development standards.

      (1)   Buildings within the CB and CBT Districts exhibit design elements that contribute to the unique sense of character of downtown Lincolnton. Specifically, older retail style buildings tend to have flat or low pitch roofs concealed by the front façade parapet, no front or side yard setback, large storefront windows on the first floor and strong horizontal separations between the first and any upper floors created by window and/or changes in façade materials. Adjacent retail structures should embrace that style when possible. The many churches exhibit primarily two distinct styles, late gothic revival and classic (Greek) revival. Perimeter buildings and residential buildings convey a more common pitched roof, with styles of colonial, revival and craftsman (among others) intermingled. Some of the older structures have or had steep pitched metal roofs in neutral or muted colors. New or renovated structures in CB and CBT zones are expected to compliment the nearby structures, extending styles that adjoin or creating an aesthetic blend from style to style where adjoining styles transition, particularly at the zoning district edges where blending from style to style is important.

            1.   The fronts of all new commercial buildings constructed in the CB District shall abut existing sidewalks, where provided, except for outdoor café-type uses when a low wall or other architectural articulation is carried across the right-of-way to continue the visual continuity of building faces.

            2.   The fronts all new commercial buildings constructed in the CBT District may vary from zero to 20 feet (i.e., thus creating a maximum front yard setback of zero to 20 feet) as measured from the street right-of-way boundary. Variable front yard setbacks are encouraged in the CBT District to allow for building articulation. Any setback areas shall be geared for pedestrian use. No off-street parking shall be allowed in these areas. Outdoor storage of retail goods (during daylight hours) shall be permitted, as shall outdoor seating areas.

      (1)   No building shall be demolished without the building owner or his or her representative first consulting with the city’s Planning Director or his or her designee. Following initial communication from the building owner, the Director shall have 21 days to render a recommendation to the applicant.

      (2)   If the property owner so desires, he or she may secure a demolition permit from the Lincoln County Building Inspector at the end of the 21-day review period. The demolition of any contributing member of the National Register District is strongly discouraged.

(Prior UDO, § 5.30) (Ord. ZTA-7-2016, passed 1-5-2017; Ord. passed - -; Ord. O-5-23, passed 4-6-2023) Penalty, see § 153.999

   (B)   Property that ceases to be used for bona fide farm purposes shall become subject to exercise of the city's zoning regulations under this chapter.

   (C)   Note: In accordance with G.S. § 160D-903, property that is exempt from the exercise of municipal extraterritorial planning and development regulation jurisdiction pursuant to G.S. §160D-903(c) is subject to Lincoln County's floodplain regulations or all floodplain regulation provisions of the Lincoln County Unified Development Ordinance.

(Ord. passed - - )