(a)

Accessory structures shall:

(1)

Not cover more than 50 percent of the total square footage of the lot exclusive of setbacks;

(2)

Be located a minimum of five feet from the require side setback;

(3)

Be located a minimum of ten feet from another structure; and

(4)

Be less than 15 feet in height except for garages which may be 40 feet in height.

(b)

Accessory uses, buildings, and equipment are those that are incidental to the use of the property as a single-family residential use, which does not change the character thereof, and which are not housed in shipping containers, including:

(1)

Carports and off-street parking (associated with residential use).

(2)

Fences.

(3)

Swimming pools.

(4)

Garages.

(5)

Pool houses.

(6)

Green houses.

(7)

Accessory living space.

(8)

Storage of recreational vehicles, trailers, or equipment, which shall be behind a screening device if visible from public right-of-way.

(9)

Toolhouses, sheds, storage building (noncommercial).

(10)

Real estate office during the development of residential subdivisions, but not to exceed two years. Business conducted in the office shall be limited to the subdivision within which it is located.

(11)

Temporary buildings for uses incidental to construction work on the premises, which building shall be removed upon completion or abandonment of construction work.

(12)

Play equipment.

(13)

Structures used to house livestock, in accordance with the requirements established by section 78-173.

(14)

Mechanical equipment including air conditioning units, pool equipment and generators may be in a rear or side yard required set back. If they are in a side yard abutting a street, they shall be screened from view. Pool or spa heating equipment must be located a minimum of 30 feet from a principle or accessory structure on an adjacent parcel.

(c)

No accessory buildings, uses or structures shall be erected in the required front yard, except as provided in this section.

(1)

Accessory structures no larger than 120 square feet. Accessory structures less than 120 square feet that are not built on a foundation may be located in a utility easement.

(2)

Garages.

(3)

A generator which is required to be screened from view from any public right-of-way.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011; Ord. No. 20-794, § 4, 10-13-2020; Ord. No. 23-846, § 2, 12-12-2023)

Structures and buildings accessory to commercial or industrial principal uses shall meet all setback and height requirements of the district they are in as if they were principal structures. Accessory buildings or structures shall not exceed 30 percent of the gross floor area of the principal use.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

No person other than members of the family residing in the premises shall be engaged in a home occupation.

(b)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purpose by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(c)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, non-illuminated, and mounted flat against the wall of the principal building.

(d)

No display, visible from the exterior of the dwelling shall be connected with such home occupation.

(e)

There shall be no outside storage of any kind, including vehicles or equipment connected with a home occupation.

(f)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street.

(g)

No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal sense off the lot, if the occupation is conducted in a single-family residence. In the case of noise, the level shall not exceed 50 percent of the values established by city ordinances. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

Office trailers. Office trailers are allowed in port buffer zone, office park, industrial districts subject to the following conditions:

(1)

Office trailers may be used as construction offices or temporary storage buildings only on construction sites.

(2)

No office trailer shall be moved on to a construction site until the required building permit has been issued.

(3)

All office trailers shall be removed from a construction site once work is completed or abandoned.

(4)

In no case shall an office trailer be used for overnight sleeping purposes.

(b)

Shipping containers. Shipping containers shall not be used as an accessory building, an accessory use, or as accessory equipment, or for storage.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

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

(1)

Chimneys, flues, belt courses, etc. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, steps, stoops, and the like, provided they do not project more than four feet into any front or rear yard, and two feet into any side yard.

(2)

Terraces, decks, patios, etc. Terraces, decks, patios, or similar features, provided they do not extend more than one foot above the height of the exterior finish grade elevation, or to a distance less than two feet from any lot line, or encroach upon any utility easement.

(3)

Accessibility structures. Elevators and associated equipment, handicapped accessibility ramps or other features necessary to provide full access to a residence may encroach four feet into a front or rear yard, or two feet into a side yard.

(4)

Patio cover, awning, or canopy. An unenclosed, attached patio cover, awning, or canopy may encroach into a rear yard provided they are located at least five feet from the side property line or three feet from the rear property line, or any vertical projection thereof, and do not encroach on any utility easement.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

The owner or owners of any fence shall maintain the fence in good condition. Maintenance includes repairing holes in fences, missing boards, and collapsing posts.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

Fences in the industrial district shall not exceed eight feet in height unless they are erected primarily as a security measure and may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet above the ground. Such fence shall not be erected within the required landscaped portion of any yard or the front yard setback.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

It shall be unlawful for any person owning or controlling any property in the city to construct, maintain or permit to remain on such property any fence charged with electricity. It shall further be unlawful for any person to cause a fence situated in the city to become charged with a current of electricity, to connect any fence with a source of electricity or to permit any fence under their control to be connected with a source of electricity. In any prosecution under this section testimony that any fence was under the control of the defendant or situated on his premises and that any person received an electric shock by coming in contact with such fence shall be prima facie evidence that such defendant caused such fence to be charged with a current of electricity and caused and permitted such fence to be connected with a source of electricity.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

Landscaping of property is required in the port buffer zone, office park, and industrial districts as specified is required in percentages specified in this chapter. A site plan, showing the landscape plan, shall be submitted in conjunction with building permit applications in these districts. Approval of landscape requirements is required prior to building permit issuance.

(b)

Public right-of-way may be landscaped provided it does not block traffic or pedestrian visibility. However, right-of-way used for landscaping will not contribute towards the required landscaping percentages. Landscaping on public property or easements is at owner's risk and subject to the requirements of this article.

(c)

Landscaping plans shall be developed using the following criteria:

(1)

Location.

a.

Required landscaping shall be located as specified in the chapter, for the district in which the property is located.

b.

Landscaping located in sight triangles shall be maintained in a manner that maintains an area of clear visibility between three and six feet as measured vertically from the adjacent prevailing grade, or as required.

(2)

Maintenance. Required landscaping shall be maintained and replaced as required by the property owner.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

(a)

It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction.

(b)

It shall be unlawful for any person to cause or permit the destruction of any native tree within 15 feet of any street right-of-way line or easement line abutting the required front yard or within ten feet of any street right-of-way line or easement line abutting the required side yard within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and destroyed where, in the opinion of the enforcement officer or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of-way.

(c)

No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)