A.   No garage, tent, accessory building, travel trailer or motor home shall at any time be used as living quarters, temporarily or permanently.

   B.   Tents, playhouses, travel trailers or motor homes or similar structures may be used only for play or recreational purposes.

   C.   No accessory building or structure other than a fence or temporary construction office may be constructed prior to the time of construction of the principal building or structure. (Ord. 2004-40, 1-3-2005; amd. Ord. 2025-02, 3-24-2025)

   A.   Any person desiring to improve property shall submit to the building official an accurate description of the property to be improved including front, rear and side yard lot lines of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments and any other information which may be necessary to ensure conformance to city code provisions.

   B.   All buildings shall be placed so that they will not obstruct future streets which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.

   C.   Except in the case of planned unit developments as provided for in chapter 17, article A of this title, not more than one principal building shall be located on a lot in a residentially zoned area, excluding the RMD and RHD districts. (Ord. 2004-40, 1-3-2005)

(Rep. by Ord. 2010-9, 8-23-2010)

Fences shall be permitted in all yards subject to the following:

   A.   Barbed Wire And Electric Fences: Except as specified in this subsection, electric fences shall only be permitted in the TZ district when related to farming, and hobby farms, and on farms in other districts when related to farming, and must be located a minimum of five feet (5') from a property line. Barbed wire fences are not permitted in any districts within the city except as permitted in subsection C of this section. (Ord. 2004-40, 1-3-2005)

   B.   Residential District Fences:

      1.   Front yard: Fences shall not exceed three feet (3') in height except fences that are at least seventy five percent (75%) light permeable may be up to four feet (4') in height.

      2.   Side and rear yards: Fences shall not exceed eight feet (8') in height from the rear lot line to the front wall line of the existing principal structure. Fences exceeding eight feet (8') in height require a conditional use permit.

      3.   Fences exceeding three feet (3') in height shall not be placed within forty feet (40') of intersecting curb lines or within ten feet (10') of a driveway unless at least seventy five percent (75%) light permeable.

      4.   Fences exceeding seven feet (7') in height require a permit from the building codes office.

      5.   Fences shall not obstruct natural drainage.

      6.   For lots which may not comply with existing yard requirements, the zoning administrator may determine front, side and rear lot designated areas based on building configuration, site visibility and other applicable factors.

   C.   Business And Industrial District Fences:

      1.   Front yard: Fences shall not exceed three feet (3') in height except fences that are at least seventy five percent (75%) light permeable may be up to six feet (6') in height.

      2.   Side and rear yards: Fences may be up to ten feet (10') in height. Fences exceeding ten feet (10') in height require a conditional use permit.

      3.   Fences extending across a front yard shall be at least seventy five percent (75%) light permeable. Fences abutting a street shall be at least seventy five percent (75%) light permeable within the area necessary to maintain traffic visibility outlined in section 10-19-16 of this chapter.

      4.   Fences exceeding seven feet (7') in height require a permit from the building codes office.

      5.   Fences shall not obstruct natural drainage.

      6.   Fences which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet (7') above the ground.

      7.   For lots which may not comply with existing yard requirements, the zoning administrator may determine front, side and rear lot designated areas based on building configuration, site visibility and other applicable factors. (Ord. 2016-13, 7-25-2016)

   A.   In the case of all residential subdivisions, multi-family, mixed use, commercial and industrial developments, the drainage plans with appropriate spot site elevations shall be submitted to the city engineer for review and the final drainage plan shall be subject to written approval. In the case of such uses, no modifications in grade and drainage flow through fill, erection of retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the city engineer.

   A.   Location And Screening:

      1.   All refuse handling equipment including, but not limited to, garbage cans, dumpsters and recycling containers must be stored within the principal structure, within an accessory building, or in a screened enclosure, except for the following:

         a.   Single-family dwellings.

         b.   Two-family dwellings.

         c.   Roll-off dumpsters are allowed for temporary use in any zoning district during demolition or construction. They do not have to be screened, however, they shall be positioned so that they do not encroach into public right of way, do not block traffic visibility per section 10-19-16 of this chapter, and are a minimum of three feet (3') from any property line. (Ord. 2008-3, 2-19-2008)

      2.   Screened enclosures must meet the following:

         a.   Screened enclosures must be located in a rear or side yard and must meet all applicable setback requirements and easements unless waived by the public works department in accordance with subsection 3-4-2C of this code.

         b.   The screened enclosure must be in an accessible location for sanitation vehicles.

         c.   Screened enclosures must consist of a fence or wall at least six feet (6') in height and a minimum opaqueness of eighty percent (80%).

      3.   Recycling spaces must be designed in accordance with the building code. (Ord. 2004-40, 1-3-2005)

   A.   In residential and institutional zoning district, the following provisions shall apply:

      1.   Vehicle Storage: All vehicles, recreational vehicles, utility trailers, off road vehicles, and similar equipment stored on residential property shall meet the provisions of sections 9-8-3 and 9-8-4 of this code. Recreational vehicles stored in yards of residential properties shall be a minimum of three feet (3') from any property line.

      2.   Vehicle Occupancy: No recreational or oversized vehicle shall be occupied or used for living, sleeping or housekeeping purposes while parked or stored. Exception: A nonpaying guest of the owner of the property may occupy one recreational vehicle in addition to those permitted herein. Such vehicle shall be parked subject to the provisions of this section and used for sleeping purposes for a period not to exceed seven (7) consecutive days at one time or more than fourteen (14) days total in one calendar year.

      3.   Screening: Within all multi-family zoning districts, recreational and oversized vehicles may be stored on site only if stored in an area that is completely screened from eye level view from adjacent properties and public streets.

      4.   Permanent use of shipping containers is not permitted in residential or institutional zoning districts.

   B.   In commercial, industrial and mixed use districts, the following provisions shall apply:

      1.   Area Prohibited: The area occupied is not within a required front or required side yard, or on the freeway side side yard when adjacent to any state highway or interstate highway.

      2.   Fence Or Screen: The storage area is fenced or screened in accordance with section 10-19-18 of this chapter. For purposes of this section, "storage" does not include the display of goods which are being sold at retail to the general public such as automobiles, trucks, farm equipment, and similar items.

      3.   Concrete Or Asphalt Surface: The storage area is surfaced with concrete or asphalt to control dust and drainage according to a plan submitted to and subject to approval of the city engineer. Provided, however, gravel surface storage is permitted in industrial zoned areas.

      4.   Lighting: All lighting must be hooded and so directed that the light source will be in compliance with section 10-19-19 of this chapter.

      5.   Parking Or Loading Spaces: The storage area does not encroach upon required parking space or required loading space as required by this title.

      6.   Traffic Visibility Triangle: No outdoor display activities shall occur in a traffic visibility triangle, sidewalk, right of way or public property.

      7.   Site Plan: The site plan documenting the location and grading of the storage operation must be submitted and will be subject to the approval of the city engineer.

      8.   Sidewalk Displays: Retail and service oriented commercial uses within the NC district shall keep all storage of goods and products within an enclosed structure, except for the occasional sidewalk sale or daily display of goods. Any daily display of goods must be returned inside the building during nonbusiness hours.

      9.   Seasonal Goods: Seasonal goods and products shall be limited to a period of no more than thirty (30) consecutive days and shall be located on a lot such that a minimum number of parking stalls are taken out of the parking inventory.

      10.   Exemptions: Motor vehicles necessary to the operation of the principal use and of not more than one ton capacity may be stored and parked within permitted parking areas. Storage of trucks or other vehicles in excess of one ton capacity or equipment shall be prohibited in front yard areas.

      11.   Permanent use of shipping containers is permitted in Mixed Use-3, commercial and industrial zoning districts only if the following are met:

         a.   May not be visible from public streets.

         b.   Not permitted in Mixed Use Districts 1 or 2 or Gateway Overlay area (i.e. I-94, Hwy 10, Hwy 75, Main Avenue SE, 34th St. S.)

         c.   Installation must meet Building Code.

         d.   Must be camouflaged by either painting the same color as principal structure or by adding similar materials of principal structure (e.g. siding).

      12.    Prohibited Storage: Storage shall not be allowed in trucks, trailers or similar containers, unless the truck/trailer is in a roadworthy condition as determined by the zoning administrator and the storage is for less than seven (7) days. (Ord. 2008-3, 2-19-2008)

   C.   Temporary Storage:

      1.   Storage units, moving pods, shipping containers and construction job trailers may be located in residential, commercial, mixed use, institutional and industrial districts temporarily, as follows:

         a.   One unit of one hundred fifty (150) square feet or less may be located for up to twenty-one (21) days on any parcel. Additional units may be approved by the zoning administrator for large projects or natural disasters, including fire.

            (1)   Exception-Existing Structures: The storage container may remain at an address that has an active building permit where construction of a structure has commenced for up to ninety (90) days. The zoning administrator may extend this time for good cause.

            (2)   Exception-New Construction: The storage container may remain at an address that has an active building permit where construction of a structure has commenced for up to twenty-one (21) days following the completion of the project or expiration of the building permit, whichever comes first.

         b.   Units may not encroach into public right of way.

         c.   Units may not block traffic visibility per section 10-19-17 of this chapter or traffic circulation.

         d.   Units must be placed a minimum of five feet (5') from any property line.

         e.   Units must be placed on a hard surface driveway or parking lot.

      2.   Storage of temporary buildings or structures, including but not limited to, manufactured homes, accessory buildings, tiny/micro homes and temporary family healthcare dwellings is limited to seven (7) days in commercial and industrial district parcels unless part of a permitted sales display area. Temporary storage in residential, institutional and mixed use districts is not permitted.

   D.   All open or outdoor service, sale and rental must conform to the following:

      1.   Outdoor service, sale and/or rental as a primary use (i.e., motor vehicle sales, large equipment rental, nurseries, etc.) shall conform to the following provisions:

         a.   Outside service, sales and rental areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with section 10-19-18 of this chapter.

         b.   The lighting shall be accomplished in such a way so as to comply with the provisions of section 10-19-19 of this chapter.

         c.   The use does not take up parking space as required for conformity to this title.

         d.   No outdoor display activities shall occur in a traffic visibility triangle, sidewalk, right of way or public property.

         e.   All open or outdoor service, sale and rental must be consistent with section 10-18-2, auto related uses, of this title. (Ord. 2007-2, 2-5-2007)

      2.   Outdoor service, sale and rental as a secondary or accessory use shall conform to the following:

         a.   Outside service sales and rental shall be limited in size to ten percent (10%) of the gross floor area of the principal structure, and in no case shall exceed four thousand (4,000) square feet per development site.

         b.   The display area shall meet the required building setbacks for the district in which it is located.

         c.   No outdoor display activities shall occur in a traffic visibility triangle, sidewalk, right of way or public property.

         d.   The display area shall not take up required parking spaces or required landscaping areas.

         e.   The area shall be fenced or screened from adjacent residential uses or districts in accordance with section 10-19-18 of this chapter.

         f.   All lighting shall be hooded and so directed that the light source will be in compliance with section 10-19-19 of this chapter. (Ord. 2004-40, 1-3-2005; amd. Ord. 2024-04, 6-24-2024)

(Rep. by Ord. 2012-2, 2-27-2012)

   A.   Building heights in excess of those standards contained in the district provisions may be allowed through a conditional use permit, provided that:

      1.   The site is capable of accommodating the increased intensity of use.

      2.   The increased intensity of use does not cause an increase in traffic volume beyond the capacity of the surrounding streets.

      3.   Public utilities and services are adequate.

      4.   For each additional story over the district limitation or for each additional ten feet (10') above the maximum allowed per district, front and side yard setback requirements shall be increased by ten percent (10%).

      5.   The provisions of subsection 10-4-3E of this title are considered and satisfactorily met.

   B.   The building height limits established for district shall not apply to the following:

      1.   Belfries.

      2.   Chimneys or flues.

      3.   Church spires.

      4.   Cooling towers.

      5.   Cupolas and domes which do not contain usable floor space.

      6.   Elevator penthouses.

      7.   Flagpoles.

      8.   Monuments.

      9.   Parapet walls extending not more than three feet (3') above the limiting height of the building.

      10.   Poles, towers and other structures for essential services.

      11.   Necessary mechanical and electrical appurtenances.

      12.   Farming buildings.

      13.   Wind energy conversion system towers as regulated by chapter 17, article C of this title.

      14.   Communication reception/transmission devices as regulated by chapter 17, article D of this title.

   C.   No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than twenty five percent (25%) of the area of such roof nor exceed ten feet (10') unless otherwise noted in subsection B of this section. (Ord. 2004-40, 1-3-2005)

   A.   No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish shall be permitted in any zoning district, except in association with farming operations, or in industrial zones, or as allowed by this title.

   B.   Exterior building finishes shall consist of materials comparable in grade and quality to the following:

      1.   Brick.

      2.   Natural stone.

      3.   Decorative concrete block.

      4.   Cast in place concrete or precast concrete panels.

      5.   Wood; provided, the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood or cypress.

      6.   Curtain wall panels of steel, fiberglass and aluminum (nonstructural, nonload bearing); provided such panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion resistant design.

      7.   Glass curtain wall panels and glass block.

      8.   Stucco.

      9.   Vinyl.

      10.   Steel, aluminum and masonite siding.

      11.   Other materials as determined by the city building official but not including galvanized or unfinished metal, except in industrial zones and for farming operations. (Ord. 2004-40, 1-3-2005)

A.   The following shall not be considered as encroachments on yard setback requirements:

   1.   Residential Zoning Districts:

 

 

   Note:

      1.    Product specification clearance requirements should be verified by property owner.

      2.   Residential Zoning Districts: Applicable building code requirements for the above shall apply.

      3.   Adjacent Structures: Where existing adjacent structures have front yard setbacks less than those required, the minimum front yard setback may be the average of adjacent structures on the same block for the purpose of this section. If only one adjacent lot is occupied by a structure, the minimum front yard may be that of said principal structure.

(Ord. 2015-18, 8-24-2015; amd. Ord. 2024-04, 6-24-2024)

Lot sizes where public sewer is not available shall conform to the minimum requirements set forth below:

   A.   The minimum single-family lot size is two and one-half (21/2) acres. This minimum lot size shall not apply to smaller separate parcels of record in separate ownership lawfully existing prior to January 1, 1991; provided, that it can be demonstrated by means satisfactory to the city that the smaller parcels will not result in groundwater, soil or other contamination which may endanger the public health.

   B.   Apartments and multiple-family dwellings are not allowable uses.

   C.   Subject to other provisions of this title, other uses may be permitted by conditional use permit. The minimum lot size for each principal use is two and one-half (21/2) acres. A conditional use permit shall not be granted unless it can be demonstrated by means satisfactory to the city that the use:

      1.   Will not result in groundwater, soil or other contamination which may endanger the public health.

      2.   Will not negatively affect future city utility service demands and expense.

      3.   Will not jeopardize public safety and general welfare.

      4.   The provisions of subsection 10-4-3E of this title are considered and satisfactorily met. (Ord. 2004-40, 1-3-2005)

All single-family detached homes except as otherwise approved by PUD shall:

   A.   Be constructed upon a permanent foundation that meets the requirements of the state building code.

   B.   Not be less than twenty two feet (22') in width. Width measurements shall not take account of overhang and other projections beyond the principal walls.

   C.   The exterior material on all single-family dwellings must be of a color, material and scale customarily used on existing dwellings within the general area. The exterior material must extend to within eight inches (8") of the ground and an opaque surface extend from the bottom of the exterior material to the ground level, except that when a solid concrete or masonry perimeter foundation is used the exterior covering material need not extend below the top of the foundation. The exterior material skirting a piered or wood foundation must be securely fastened to the foundation via a frame or similar construction to the walls of the dwelling.

   D.   The roof on all single-family dwellings must be pitched with a minimum vertical rise of four inches (4") for each twelve inches (12") of horizontal run and must consist of shingles or other nonreflective roof material customarily used for conventional dwellings, and other such passive spaces shall be exempt from the roof pitch requirement. (Ord. 2004-40, 1-3-2005)

(Rep. by Ord. 2007-2, 2-5-2007)

Nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two feet (2') and eight feet (8') above street grade where it will interfere with traffic or pedestrian visibility at an intersection or from a driveway or alley to a public way.

   A.   Corner Lots: On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two feet (2') and eight feet (8') within forty feet (40') from the intersecting curb lines, or within twenty five feet (25') from the intersecting property lines if there is no curb. Exception: Corner lots in districts in which the required front yard and/or side yard setbacks are zero (e.g., MU-1) may be exempt from this requirement, if approved by the city engineer.

   B.   Fences, Walls, Hedges, And Structures:

      1.   Front Yard: In required front yards, fences, walls, hedges, and structures shall be at least seventy five percent (75%) open to passage of air and light.

      2.   Street Side Yard: Within ten feet (10') of a driveway or alley in a required side yard abutting a street, any portion of a fence, wall, hedge or structure exceeding twenty four inches (24") in height shall be at least seventy five percent (75%) open to passage of air and light. (Ord. 2008-2, 2-19-2008)

   A.   Goal/Objective: The following landscaping standards are intended to promote the creation of green space within the city in order to maintain and increase aesthetics, buffer off street parking areas, reduce drainage off site, filter noise and light, and encourage the planting of trees throughout the community.

   B.   General Applicability: A landscaping plan shall be submitted and approved prior to the issuance of building permits for developments in all zoning districts except MU-1 and for single and two-family development, subject to the standards below:

      1.   Change Of Land Use: Whenever a new land use is established or a property is converted to a new land use type, landscape requirements shall be applicable to the entire lot.

      2.   Existing developments:

         a.   Whenever an owner makes improvements or repairs to existing properties that increase the floor area by more than one thousand (1,000) square feet or ten percent (10%), whichever is greater, or the property is improved beyond fifty percent (50%) of the assessed value of the structure(s), landscaping and tree standards shall apply to the entire site.

         b.   Whenever a building(s) is constructed or structurally altered by one or more smaller additions, landscape requirements shall be applicable to the new construction and adjoining yard only.

      3.   New and expanded parking areas shall meet landscape requirements. Parking areas without permanent hard surfaces shall meet the requirements if surfaced or altered in any way.

      4.   Whenever storage of materials or equipment is commenced on a site that has not previously been used for that purpose, screening shall be provided according to the landscape regulations.

      5.   If a property will be developed in phases, a site plan for the entire property shall be provided with the initial phase; plant units, however, unless part of a required screen or buffer, may be installed as phases are developed.

      6.   Exemptions and exceptions shall be as follows: Special consideration will be given to site design, topography, unique relationships to adjacent properties and existing utilities in enforcing screening requirements. If the applicant can demonstrate that the public interest is better served through alternative landscape design, the zoning administrator may permit variation from these regulations.

   C.   Planting:

      1.   Plants shall be planted in permeable, green spaces of adequate size to ensure the health of the plantings. Plants used to fulfill requirements of this section shall meet the standards of the American Nursery And Landscape Association.

      2.   Plant Units Required:

         a.   Within all zoning districts except MU-1, LI, HI and single and two-family development, a minimum of three (3) plant units shall be provided for each one thousand (1,000) square feet of lot area or fraction thereof.

         b.   Within any LI or HI district, a minimum of one (1) plant unit shall be provided for each one thousand (1,000) square feet of lot area or fraction thereof.

         c.   For properties abutting a gateway, as defined by Title 10-17E. GO: Gateway Overlay District, the minimum plant units for each one thousand (1,000) square feet of lot area or fraction thereof shall be increased to four (4).

         d.   A minimum of forty (40) plant units shall be provided for anyproperty.

         e.   Plant unit equivalencies:

 

 

      3.   Boulevard Trees: All developments within the city shall provide boulevard trees in addition to and separate from plant unit requirements of this subsection and in conformance with the standards outlined below:

         a.   All boulevard trees planted will be a minimum of six to eight feet (6 ‘ 8') in height at the time of planting and of a variety and placement approved by the City Forester.

         b.   The number of trees planted on any lot will be equivalent to that lot's total linear footage along the public street right of way divided by thirty feet (30') provided the total number of trees may be reduced so as to not conflict with driveways, fire hydrants, utilities and easement location or other impediments.

            (1)   Boulevard tree requirements may be waived by the zoning administrator due to conflicts.

            (2)   If boulevard trees cannot be placed in the boulevard due to conflicts, the same number of required boulevard trees shall be located along the front property line of the development, or as approved by zoning administrator.

   D.   Maintenance And Replacement: Trees, shrubs, fences, walls and other landscape features depicted on plans approved by the city will be considered as elements of the project in the same manner as parking, building materials and other plan details. The landowner, or successor in interest, or agent, if any, will be jointly responsible for regularly maintaining all landscaping so that it presents a healthy, neat, and orderly appearance, including the removal of weed species as well as the repair or replacement of damaged or destroyed landscaping.

   E.   Traffic Visibility Standards: Traffic visibility standards within section 10-19-16 of this chapter shall apply. (Ord. 2006-5, 3-6-2005; Ord. 2024-03, 7-22-2024)

   A.   Residential Protection Screening: Where any non-residential use or multi- family building of three (3) or more units, including their accessory uses, abuts or is adjacent a residential use, screening along the boundary of the non-residential property or multi-family building shall be provided. All fencing and screening specifically required by this title shall be subject to section 10-19-5 of this chapter and shall consist of either a solid fence or a greenbelt planting strip as provided for below:

As outlined within section 3-8A-3, a stormwater management plan may, but is not required to, include analysis of stormwater quality and quantity that would allow impervious areas that exceed those outlined within title 10, chapter 12. The city engineer, or designee, shall maintain the list of all stormwater management plans. (Ord. 2020-08, 8-24-2020)