(a)

The required height and area regulations are established as shown in the table which follows:

HEIGHT AND AREA REQUIREMENTS

(b)

Numbers in parentheses above refer to following additions or modifications to regulations:

(1)

For buildings less than three stories in height. For three-story buildings each side yard shall be not less than ten feet. For buildings more than three stories in height, the side yards shall be increased one foot for each story above three.

(2)

No side yard is required for nonresidential buildings, except that on a lot abutting a residential district, there shall be a side yard of not less than five feet. Side yards for dwellings shall be not less than five feet.

(3)

No side yards are required for nonresidential buildings except that on a lot abutting a residential district, there shall be a side yard of not less than ten feet. Side yards for dwellings shall be not less than five feet.

(4)

No side yards are required except that on a lot abutting a residential district, there shall be a side yard of not less than 20 feet.

(5)

No rear yards are required except that on a lot abutting a residential district, there shall be a rear yard of not less than 20 feet. Rear yards for residential buildings shall be not less than 20 feet.

(6)

On corner lots, the front yard requirement on the side street need not exceed ten feet.

(7)

There shall be a minimum setback of 20 feet along any public street in all industrial districts.

(8)

The minimum square footage of living space for a single-family and two-family dwelling shall be determined by the average square footage of living space of the existing dwellings located on each side of the street where the new dwelling is to be constructed, provided that no dwelling constructed in a residential district shall be less than 600 square feet of living space. Furthermore, the living space of a dwelling shall be equal to or greater than attached garage or storage space.

(9)

The maximum square footage and height of any residential accessory buildings shall not exceed the foot print of the main building.

(10)

Additions or alterations to a nonconforming building shall be in compliance with the height and area requirements of the district in which it is situated.

(Code 1969, § 46-91; Code 1988, § 15-376; Ord. No. 2878, §§ 1, 2, 7-28-1975; Ord. No. 4476, § 1, 6-14-2021)

Notwithstanding the provisions of any other section of this division, no building of any type or description shall be erected in such manner than any portion of such building shall be closer than 30 feet to the centerline of any street or roadway abutting the lot upon which such building is constructed. This provision shall not lessen the building line minimum setback requirements for the various districts as provided in this division.

(Code 1969, § 46-92; Code 1988, § 15-377)

Notwithstanding the provisions of any other section of this division, on corner lots in the R-1, R-2, R-3A and R-3B districts where the ratio between the greatest length and the greatest width of the lot has no more disparity than four to three, the owner may at the time of securing a permit for erection, alteration or remodeling of a building thereon, designate either street on which the lot abuts as the frontage street, and the front and rear yards shall be parallel to the street so designated. An option to so designate the frontage street once having been made, no change in the frontage as designated shall thereafter be made as long as the building for which the permit was issued and the designation made stands on such lot. Nothing in this section shall be construed to permit the creation of a nonconforming use or to permit diminution of the required front, rear and side yards required in the respective zoning districts.

(Code 1969, § 46-93; Code 1988, § 15-378)

The minimum street frontage on all lots in all zoning districts within the city shall be 25 feet.

(Code 1969, § 46-94; Code 1988, § 15-379)

The regulations set forth in this division qualify or supplement, as the case may be, the district regulations set forth elsewhere in this division.

(Code 1969, § 46-95; Code 1988, § 15-391)

The height limitations of this division shall not apply to:

(1)

Church spires;

(2)

Belfries;

(3)

Monuments;

(4)

Water towers;

(5)

Tanks;

(6)

Fire towers;

(7)

Stage towers or scenery lofts;

(8)

Cooling towers;

(9)

Ornamental towers and spires;

(10)

Radio and television towers, antennas, aerials or cell towers;

(11)

Chimneys;

(12)

Elevator bulkheads;

(13)

Smoke stacks;

(14)

Grain elevators; and

(15)

Flag poles.

(Code 1969, § 46-96; Code 1988, § 15-392)

(a)

Fences may be erected in R districts to a height not exceeding four feet along the boundaries of a lot, except that no such fence shall be erected within 30 feet of the intersection of two street lines. In districts C-1, C-2, C-3, I-1 and I-2 fences may be erected to a height of eight feet but no such fence shall be erected within 30 feet of the intersection of two existing street lines. In R districts, fences not in excess of six feet in height may be built on the boundaries of that portion of any lot which comprises the rear or side yard as defined by this division, but no fence may be erected within five feet of an existing dwelling on an adjoining lot; and may be erected within any part of the lot where this division permits the erection of a dwelling or extension thereof, but no such fence may be erected within five feet of an existing dwelling on an adjoining lot.

(b)

At such times as a lot which is zoned C-1, C-2, C-3, I-1 or I-2 is developed adjacent to a lot which is zoned R-1, R-2, R-3A or R-3B, a permanent screening consisting of a masonry wall, wood fence, seeded berms, or combination thereof, at least six feet in height, shall be installed by the developer of the C-1, C-2, C-3, I-1 or I-2 zoned lot. The screen shall be installed on the lot line between the lot which is zoned C-1, C-2, C-3, I-1 or I-2 and the lot which is zoned R-1, R-2, R-3A or R-3B. The required screening shall be of an opacity of at least 80 percent yearround. The required screening shall be maintained in good order and not allowed to exist in a state of disrepair. If wood fencing is used, it shall be durable in nature or treated to prevent rapid deterioration. Failure to maintain the required screening shall be considered a violation of this division.

(c)

Fences that are constructed across utility easements, including sanitary sewer easements, shall have installed an exterior gate at some location in thier length that makes the easement accessible without entering any building, residence, garage, or other structure.

(Code 1969, § 46-97; Code 1988, § 15-393; Ord. No. 3338, § 1, 10-12-1987; Ord. No. 3560, § 3, 8-23-1993; Ord. No. 4136, § 1, 10-26-2009; Ord. No. 4399, § 1, 8-27-2018)

Public, semipublic or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet; and churches and temples may be erected to a height not exceeding 75 feet when the required side and rear yards are each increased by at least one foot for each one foot of additional building height above the height limit otherwise provided in the district in which the building is located.

(Code 1969, § 46-98; Code 1988, § 15-394)

(a)

Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory buildings in rear yard, and except for the ordinary projections of sills, belt courses, cornices and ornamental features not to exceed 12 inches; and provided further, that canopies, porches or decks having a roof area not exceeding 80 square feet may project a maximum of eight feet into the required front or rear yard. Canopies, porches or decks extending into a required yard shall not be enclosed. Open paved terraces may project not more than ten feet into a required front yard.

(b)

Open or lattice enclosed fire escapes, required by law, projecting into a yard not to exceed five feet, and the ordinary projection of chimneys and pilaster shall be permitted by the building inspector when placed so as not to obstruct light and ventilation.

(c)

Where a lot or tract is used for educational, institutional, hotel, commercial or industrial purposes, more than one main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.

(Code 1969, § 46-99; Code 1988, § 15-395; Ord. No. 4290, § 1, 1-27-2014)

When a lot is a corner lot, there shall be a front yard and a side yard equal in depth to the front yard, provided that the buildable width of a lot of record on October 12, 1953, need not be reduced to less than 30 feet, except where necessary to provide a yard along the side street with a depth of not less than five feet. No accessory building shall project beyond the front yardinner line on either street, and such front yard line shall be separately computed for accessory buildings, except that the buildable width for accessory buildings shall not be reduced to less than 22 feet.

(Code 1969, § 46-100; Code 1988, § 15-396; Ord. No. 3535, § 3, 2-8-1993; Ord. No. 3560, § 4, 8-23-1993)

The side yards heretofore established shall be adjusted in the following cases:

(1)

Commercial or industrial buildings used in part for dwelling purposes shall provide side yards not less than five feet in width unless every dwelling room opens directly upon a front yard, rear yard or court;

(2)

For the purpose of the side yard regulations, a two-family dwelling or a multiple-family dwelling shall be considered as one building occupying one lot; and

(3)

Whenever a lot of record has a width of less than 50 feet, the side yard on each side of a building may be reduced to a width of not less than ten percent of the width of the lot, but in no instance shall it be less than five feet.

(Code 1988, § 15-397)

The rear yards heretofore established shall be adjusted in the following cases:

(1)

Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard; and

(2)

For a lot of record prior to March 1, 1993, in the R-1 Single-Family District, where 20 percent of the depth of the lot is located in the rear yard, the 30-foot depth requirement heretofore required shall be deemed satisfied.

(Code 1969, § 46-102; Code 1988, § 15-398; Ord. No. 3535, § 4, 2-8-1993)

Where a lot of record on October 12, 1953, (the effective date of the original zoning ordinance of the city) has less area or width than by this division required in the district in which it is located and its boundary lines along their entire length should touch lands under other ownership on the aforesaid date and shall not have been changed since then, such lot may nonetheless be used for a one-family dwelling or for any other non-dwelling use permitted in the district in which it is located.

(Code 1969, § 46-103; Code 1988, § 15-399)

(a)

Accessory buildings may be built in a rear yard but such accessory buildings shall not occupy more than 30 percent of the required rear yard and shall not be nearer than five feet from any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than ten feet to the alley line. Common garages used by two property owners may be built on a common lot line.

(b)

If a garage is located closer than ten feet to the main building, the garage shall be regarded as a part of the main building for the purpose of determining the side and rear yards.

(c)

No accessory building shall be constructed upon a lot until the construction of the main building has actually been commenced and no accessory building shall be used unless the main building on a lot is completed and occupied. However, an accessory building may be constructed or maintained on a platted lot contiguous to a platted lot developed with a main building that has been completed and is occupied, provided all lots are under the same ownership. In the event all lots cease to remain under the same ownership, or the main building is demolished, the accessory building constructed under this provision must be removed.

(d)

No accessory building shall be used for dwelling purposes.

(e)

Shipping container storage units may not be used as accessory buildings in residential districts, but may be considered in commercial and industrial districts upon the issuance of an additional use permit.

(f)

Residential accessory buildings on single or multiple contiguous lots, shall be limited to two.

(Code 1969, § 46-104; Code 1988, § 15-400; Ord. No. 3805, § 1, 9-28-1998; Ord. No. 4476, § 1, 6-14-2021)