No building in the rear of a principal building on the same lot shall be used for residential purposes, unless it conforms to all the yard and other open space and off-street parking requirements of this chapter. In addition, there must be provided for any such rear dwelling an unoccupied and unobstructed accessway not less than twelve (12) feet wide to a public street for not more than two (2) dwelling units in such location, or one (1) not less than twenty (20) feet wide for three (3) or more dwelling units.

(Ord. No. 1124, § 1(28-9.3.1), 6-18-79)

An accessory building may be erected detached from the principal building or, except when a stable, may be erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure.

(Ord. No. 1124, § 1(28-9.4.1), 6-18-79)

An accessory building attached to the main building shall be made structurally a part and have a common wall with the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. Unless so attached, an accessory building in a residential district shall be located on the rear one-half of the lot and at least ten (10) feet from any dwelling existing or under construction on the same lot or any adjacent lot. No accessory building shall be located closer than five (5) feet to any interior lot line, but such building may be located within five (5) feet of an alley, where such alley abuts on the rear line of the lot. In the case of a corner lot, such accessory building shall not project beyond the front building line required or existing on the adjacent lot. These provisions relating to accessory buildings shall be effective with respect to such buildings, even though other provisions of this chapter require wider or deeper yards for main buildings.

(Ord. No. 1124, § 1(28-9.4.2), 6-18-79)

Accessory buildings shall not exceed thirty percent (30%) of the area of the required rear yard. Garden shelters, storage shelters, and covered patios shall be permitted as accessory buildings provided that these uses are not equipped for use as living quarters.

(Ord. No. 1124, § 1(28-9.4.3), 6-18-79)

Guesthouse accessory buildings shall be located on the rear half of the building site and shall not be closer than ten (10) feet to the nearest point on the main building. No kitchen or cooking facilities shall be permitted in any guesthouse.

(Ord. No. 1124, § 1(28-9.4.4), 6-18-79)

No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this chapter; and, if already less than the minimum required by this chapter, such area or dimension shall not be further reduced. However, this section shall not apply when a portion of a lot is acquired for a public purpose.

(Ord. No. 1124, § 1(28-9.5), 6-18-79)

Fallout shelters are permitted accessory uses and structures in any district, subject to the yard and lot coverage regulations of the district. Such shelters may be contained in other structures or may be constructed separately. Fallout shelters shall not be used for residential purposes, except in time of emergency, unless the structure meets all city Code requirements applying to residential structures.

(Ord. No. 1124, § 1(28-9.7), 6-18-79)

(a)

Requirements. Every building or structure hereafter constructed in any district for commercial or industrial purposes requiring the receipt or distribution by vehicles of material or merchandise shall provide and maintain on the same lot with such building at least one (1) off-street loading space for the first five thousand (5,000) square feet or fraction thereof of gross floor area and one (1) additional such loading space for each ten thousand (10,000) square feet or major fraction thereof of gross floor area so used in excess of ten thousand (10,000) square feet.

(b)

Size. Each loading space shall be not less than ten (10) feet in width, thirty-five (35) feet in length, and fourteen (14) feet in height. Where the off-street loading space does not abut on a street, public or private alley or easement of access, there shall be provided an access drive of at least ten (10) feet in width leading to the loading areas required hereunder.

(c)

Location. Such space may occupy all or any part of any required yard or court space, but no such space may be located closer than fifty (50) feet to any residential district, unless wholly within a completely enclosed building or unless enclosed on all sides abutting the residential district by a wall of not less than eight (8) feet in height.

(Ord. No. 1124, § 1(28-9.2.1), 6-18-79)

(a)

Requirement. In all zoning districts, in connection with every industrial, commercial, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected or enlarged or increased in capacity or any other use is established, off-street parking spaces for automobiles in accordance with the requirements in the "Parking Spaces Required" column in the tables of permitted uses. Parking space used in connection with an existing and continuing use or building on the effective date of this chapter, up to the number required by this chapter, shall be continued and may not be counted as serving a new structure or addition; nor may a parking space be substituted for a loading space or a loading space substituted for a parking space.

(b)

Size. Each off-street parking space shall have an area at least ten (10) feet wide and twenty (20) feet long, exclusive of access drives or aisles. Where the off-street parking space does not abut on a street, public or private alley, or easement of access, there shall be provided an access drive of at least ten (10) feet in width in case of a dwelling and at least twenty (20) feet in all other cases, leading to the parking areas required hereunder.

(c)

Floor area defined. For the purpose of applying the requirements for off-street loading and parking, the term "floor area," in the cases of offices, merchandising, or service types of uses, shall mean the gross floor area used or intended to be used by tenants or for the service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment for display or sale of merchandise. It shall not include areas used principally for nonpublic purposes, such as storage, incidental repair, processing or packaging of merchandise, for offices incidental to the management or maintenance of stores or buildings, for restrooms or utilities, or for fitting or dressing rooms.

(d)

Lot area defined. For the purpose of applying the requirements for off-street loading and parking, the term "lot area," in the case of:

(1)

Golf driving range, commercial, shall mean the tee area only.

(2)

Retail sales of agricultural products raised on the premises, shall mean the lot area used for display and sale of the products only.

(3)

All other uses, shall mean the area of the portion of the lot actually being used for that purpose.

(e)

Location. Such off-street parking space may occupy all or any part of any required yard or court space. For any new use, structure, or building, required off-street parking, which because of the size or location of the parcel, cannot be provided on the premises, may be provided on other property not more than four hundred (400) feet distant from the building site. Such parking space shall be deemed to be required parking space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

(f)

Number of off-street parking spaces required. The number of off-street parking spaces required for each use shall be determined by reference to the following table of "Parking Groups." In the following table the figures in the column headed "Parking Group" refer to corresponding figures in the column headed "Parking Group" in the tables of permitted uses for each zoning district. If, for any reason, the classification of any use for the purpose of determining the amount of off-street parking space to be provided by such use is not readily determinable hereunder, the classification of the use shall be fixed by the board of adjustment.

Where open land is used for manufacturing, storage, or other operations in a manner similar to indoor operations, such open use of land shall be added to floor space in determining the number of off-street parking spaces required.

(g)

Development and maintenance of parking areas. Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements:

(1)

Screening and landscaping. Off-street parking areas for more than five (5) vehicles shall be effectively screened on each side that adjoins or is located within twenty (20) feet of any residential district or institutional premises, by a masonry or solid board wall of acceptable design. Such wall shall be not less than four (4) feet or more than six (6) feet in height and shall be maintained in good condition without any advertising thereon. The space between such wall or fence and the side lot line adjoining such premises or the front lot line facing such premises, in any residential district, shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition. The board of adjustment shall establish standards for the construction of such wall.

(2)

Barriers. Off-street parking areas shall be provided with wheel guards or bumper guards so located that no part of a parked vehicle will extend beyond the parking space.

(3)

Minimum distances and setbacks. No part of any parking area for more than five (5) vehicles, including the required wall or fence, shall be closer than ten (10) feet to any dwelling, school, hospital, or other institution for human care located on an adjoining lot. If not in a residential district but adjoining such district, the parking area, including the required fence or wall, shall not be located closer than ten (10) feet from the established street right-of-way line within fifty (50) feet of any residential district.

(4)

Surfacing. Except where otherwise prohibited by applicable law, any off-street parking area for five (5) or more vehicles shall be surfaced with a durable and dustless surface, shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of vehicles. The foregoing requirements with respect to surfacing shall not apply to a temporary parking area.

(5)

Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to direct the light away from the adjoining premises in any residential district.

(6)

Nature of use. In RS, RM and RT districts, off-street parking areas shall be used only by vehicles of up to three-quarter-ton manufacturer's rated capacity. Required off-street parking areas shall not be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies.

(7)

Shelter building. An off-street parking area may have not more than one (1) attendant shelter building conforming to all setback requirements for structures in the district, and which shelter building in the RS, RM and RT districts shall not contain more than fifty (50) square feet of gross floor area.

(h)

Variance. The board of adjustment may authorize, on appeal, a modification, reduction or waiver of the foregoing requirements only if it should find that in the particular case appealed, the peculiar nature of the residential, business, trade, industrial or other use, the exceptional shape or size of the property, or other exceptional situation or condition not generally applicable to other lots in the same district must justify such action.

(Ord. No. 1124, § 1(28-9.2.2), 6-18-79; Ord. No. 2022-13, § 1, 9-26-2022)

The requirements and regulations specified hereinbefore shall be subject to the following exceptions, modifications and interpretations set out in this division.

(Ord. No. 1124, § 1(28-11), 6-18-79)

(a)

May be used as a building site. Any lot or parcel of land in any district that was under separate ownership and of record on June 18, 1979, or the date of amendment thereof, where no adjoining undeveloped land fronting on the same street was under the same ownership on such date, may be used as a building site, even though such lot or parcel fails to meet the minimum requirements for lot area, lot width, or both, that are generally applicable to lots in the district. With respect to such lots, yard dimensions and other requirements not involving lot area or width shall be complied with, subject to subsections (b) and (c) below.

(b)

Side yard requirements. On any such lot or parcel the side yard requirements of this chapter shall not operate to reduce the net buildable width of such lot below thirty-eight (38) feet, provided, however, that the application of this exception shall not be permitted to reduce:

(1)

Any interior side yard below ten percent (10%) of the width of the lot, or

(2)

Any exterior side yard below twenty percent (20%) of the width of the lot or eight (8) feet, whichever is greater.

(c)

Front and rear yard requirements. On any such lot or parcel, no combination of the following requirements shall operate to reduce the net buildable depth of such lot below seventy (70) feet: (1) front and rear yard, (2) front and/or rear building setback, provided, however, that the application of this exception shall not be permitted to reduce: (1) any front yard below ten percent (10%) of the depth of the lot, or (2) any rear yard below fifteen percent (15%) of the depth of the lot, or ten (10) feet, whichever is greater.

(Ord. No. 1124, § 1(28-11.1), 6-18-79)

(a)

In any district where thirty-five percent (35%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is improved with buildings whose front yards do not vary more than eight (8) feet from the average of the front yards of such buildings, no building shall project into the average front yard so established, but this exception shall not be interpreted to require a front yard of more than:

(1)

Fifty (50) feet in any residential, C1 or C2 district,

(2)

Forty (40) feet in any C5 district,

(3)

Ten (10) feet in any C4 district,

(4)

Seventy (70) feet in any M district.

(b)

In determining the percentage of frontage in subsection (a) above, the widths of developed lots shall be used; in determining the average front yard, the widths of buildings fronting on the street shall be used.

(Ord. No. 1124, § 1(28-11.2.1), 6-18-79)

Where a new building is proposed to be erected or an existing building is proposed to be enlarged on a street where the frontage on the same side of the street between two (2) intersecting streets is developed with one (1) or more existing buildings that have front yards of lesser depth than required by this chapter, then one (1) of the following conditions shall apply:

(1)

Where the proposed building is to be located not more than two hundred (200) feet from such existing buildings on both sides, and there are no intervening buildings, then the front yard shall be established by a line drawn between the two (2) nearest front corners of such adjacent buildings on the two (2) sides.

(2)

Where the proposed building is to be located not more than two hundred (200) feet from one (1) such existing building on one (1) side, then the front yard shall be established by a line drawn from the nearest front corner of the existing building to the established front yard line at a slope of one (1) foot of depth to ten (10) feet of frontage.

(3)

Where the proposed building is to be located more than two hundred (200) feet from all such existing buildings, then the proposed building shall conform with the front yard established herein for such district.

(4)

Where the proposed building is to be located between and adjacent to two (2) existing buildings that conform to the front yard requirements of such district, or between such a building and an intersecting street, then the proposed building shall conform to the front yard setback established for such district, regardless of the front yards established by other existing buildings in the same block.

(Ord. No. 1124, § 1(28-11.2.2), 6-18-79)

In computing the required depth of a rear yard for any building where such yard abuts on an alley, the depth of the lot may be considered as extending to the center of the alley, and the required depth of the rear yard as being measured from the centerline of the alley.

(Ord. No. 1124, § 1(28-11.3), 6-18-79)

(a)

Variation of distance between residential structures. The distance between residential structures on the same zoning lot may be varied, when authorized by the board of adjustment, where the side wall of a residence is not parallel with the side wall of the adjacent residence or is broken or otherwise irregular. In such case the average distance between residences shall not be less than the otherwise required least distance; provided, however, that such distance shall not be less at any point than one-half of the otherwise required least distance.

(b)

Reduction in width of one side yard. The width of one (1) side yard may be reduced, when authorized by the board of adjustment, to a width not less than three (3) feet; provided, however, that the sum of the widths of the two (2) side yards on the same zoning lot is not less than the combined required minimum for both side yards. Such reduction may be authorized only when the board finds it to be warranted by the location of existing buildings or conducive to the desirable development of two (2) or more lots.

(Ord. No. 1124, § 1(28-11.4), 6-18-79)

(a)

Architectural features that may project into yards. Certain architectural features may project into required yards and courts as follows:

(1)

Cornices, canopies, eaves, or other architectural features may project a distance not exceeding two and one-half (2.5) feet.

(2)

Fire escapes may project a distance not exceeding four and one-half (4.5) feet.

(3)

An uncovered stair and necessary landings may project a distance not to exceed three (3) feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three (3) feet in height.

(4)

Bay windows, balconies and chimneys may project a distance not exceeding two (2) feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

(b)

Patios. Patios may be located in side and rear yards, provided that they are not closer than three (3) feet to any adjacent property line.

(c)

Fences, walls and hedges. Fences, walls, and hedges may be located in required yards as follows:

(1)

If not exceeding at any point eight (8) feet in height above the elevation of the surface of the ground at such point, they may be located in any required yard or court, provided that on a corner lot, abutting in the rear the side lot line of another lot in an R district, no such fence, wall, or hedge within twenty-five (25) feet of the common lot line shall be closer to the side street lot line than one-half the least depth of the front yard required on such other lot fronting the side street.

(2)

On any corner lot, no fence, wall, hedge or other structure or planting more than three (3) feet in height above curb level shall be erected, placed, or maintained, within the triangular area formed by the intersecting street lines and a straight line joining such street lines at points whose distance from the point of intersection is equal to the sum of the required front and exterior side yards.

(Ord. No. 1124, § 1(28-11.5), 6-18-79)

When authorized by the board of adjustment, zoning district height limitations may be exceeded by the following structures: chimneys, church steeples, flag poles, grain elevators, distribution lines, towers and poles, radio and television antennas, water towers and similar structures.

(Ord. No. 1124, § 1(28-11.6), 6-18-79)

(a)

Joint shelters. The board of adjustment may permit, as a special exception, construction of joint shelters by two (2) or more property owners. Where such joint shelters are permitted, the board may waive the side and rear yard requirements on the property directly involved in the construction of the joint shelter to the extent necessary to permit practical and efficient location and construction, provided, however, that side and rear yard requirements shall be met where property involved in the joint proposal abuts or adjoins property not included in the proposal.

(b)

Uses permitted as special exceptions. The board of adjustment may permit a fallout shelter to be used also for other purposes permissible as special exceptions in the district in which the shelter is located, if the board finds that all general requirements of this chapter concerning such special exceptions are satisfied and in addition establishes that:

(1)

The use other than as a shelter is compatible with the use as a shelter,

(2)

The function as a shelter would not be materially impaired by the proposed use,

(3)

The special exception as to use would have been granted regardless of whether the shelter was involved, and

(4)

The shelter meets all city Code requirements applying to structures for which the special exception is requested.

(Ord. No. 1124, § 1(28-11.7), 6-18-79)

Wherever any ordinance of the city requires on any identified street a setback different from that required by the yard provisions of this chapter, the former shall prevail.

(Ord. No. 1124, § 1(28-11.8), 6-18-79)