In each district, only the uses specifically listed as "permitted uses", "uses permitted by right" or "conditional uses" shall be allowed. All other uses shall be prohibited except where specifically authorized in this chapter.

Any use or structure existing at the time of the enactment or subsequent amendment of this chapter, but not in compliance with the provisions of this chapter, or this chapter as amended, shall thereafter be considered a nonconforming use, and shall be subject to the stipulations, regulations and other provisions set forth in article XXII of this chapter.

(Ord. No. 1224, 2-26-96)

Notwithstanding any other provision of this chapter, there may be constructed or installed in or upon a parcel located within any zoning district, such equipment and minor structures and improvements incidental to the provision and distribution of gas, electricity, water and telecommunication services, including, but not limited to, gas regulators, fogging stations, electric transformer stations without major rotating equipment, solar panel systems, poles, cables and towers for the transmission of electricity, water pressure regulator stations, water pumping stations, telephone exchanges, cables, poles, antennas and masts for antennas as may be approved by the planning commission.

No permit shall be issued for the installation, construction or use of any such equipment, structures or improvements except with the prior written approval of the planning commission, which approval shall be subject to such conditions, if any, which the planning commission may require to promote the purposes of this chapter. Notwithstanding the foregoing, such approval shall not be required for the installation of poles, service lines, cables and pipelines, the purpose of which is to serve a single residential dwelling unit, a single business building or a single professional building or for pole lines, pipelines or other utility equipment which is otherwise entitled to be installed in the rights-of-way for streets.

(Ord. No. 1224, 2-26-96; Ord. No. 1970, § 1, 1-10-2017)

No parcel or lot in a single-family residential district may contain more than one dwelling unit.

(Ord. No. 1224, 2-26-96)

(a)

Residence D, Residence E, Cluster Residential, Planned Unit Development, Professional, Office Park, Local Business, Community Shopping and Mixed Use Districts. In Residence D, Residence E, Cluster Residential, Planned Unit Development, Professional, Office Park, Local Business, Community Shopping and Mixed Use Districts, air conditioning units, condensers, cooling towers, machinery or equipment used as a part of, or in conjunction with, a central air conditioning or heating system, or for any other purpose, located on or near the exterior of any building shall be enclosed by a wall, fence or other screen of permanent construction at least as high as the units, and so designed and constructed as to conceal such units from view and to buffer the noise therefrom. The requirements of this subsection shall not apply to such units or equipment located on top of a roof of a building or to solar panels.

(b)

In all other residential zoning districts. In all zoning districts other than those referred to in the preceding subsection, air conditioning units, condensers, cooling towers, machinery or equipment used as a part of, or in conjunction with, a central air conditioning or heating system, or for any other purpose, shall be located in the side yard or rear yard in a location which is as unobtrusive as is practically possible with regard to noise and visibility.

(Ord. No. 1224, 2-26-96)

(a)

Yard sales. A resident of the city may conduct sales commonly known as yard sales, garage sales or estate sales (hereinafter collectively referred to as "yard sales") at the resident's dwelling, or at the dwelling of another resident of the city, under the conditions specified herein below. All such sales shall be subject to the same monitoring and enforcement procedures set forth in article XXIII of this chapter (applicable to home occupations).

(1)

Not more than one yard sale shall be held at any dwelling during any calendar year.

(2)

No person may participate in, including having his property sold at, more than one yard sale in the city during any calendar year, regardless of whether such additional sale is held at his dwelling or at the dwelling of another person.

(3)

An agent may be hired to assist in the conduct of, or to conduct, such sale if all property for sale is displayed or located within the dwelling or within an accessory structure of the dwelling or in a portion of the dwelling's yard which is not visible from any street which is adjacent to the parcel on which the dwelling is located.

(4)

Yard sales shall be limited to two days in duration, which days must be consecutive; however, a yard sale may last for up to four consecutive days if all property for sale is displayed or located within the dwelling or within an accessory structure of the dwelling or in a portion of the dwelling's yard which is not visible from any street which is adjacent to the parcel on which the dwelling is located.

(5)

A permit shall be required for each yard sale, regardless of the number of people who participate in a sale, for which a fee to help defray the cost of issuing the permit will be charged in accordance with article XXVII of this chapter. Although only one permit will be required for each sale, each person who participates in the yard sale must be named as an applicant for the permit. Application for such permit must be filed with the city clerk prior to the first day of the proposed yard sale.

(6)

One sign, not to exceed six square feet in area, may be posted in the yard of the dwelling in which the yard sale is conducted. The sign may be in the yard for a period not to exceed four consecutive days, including the day or days of the sale itself, and must be removed within 24 hours after the conclusion of the sale.

(b)

Trunk sales. Trunk sales, defined for the purposes of this chapter to mean the sale of new clothes, clothing accessories and other consumer goods by means of the purchaser ordering such items or goods from samples and/or catalogs available for inspection at a dwelling during the trunk sale, may be conducted at the dwelling of a resident of the city under the conditions specified herein below, and all such sales shall also be subject to the same monitoring and enforcement procedures set forth in article XXIII of this chapter (applicable to home occupations).

(1)

In addition to the monitoring and enforcement procedures made applicable in this section, the conditions for use of dwelling for a home occupation set forth in article XXIII of this chapter (home occupations) shall also be applicable to the use of dwellings for trunk sales.

(2)

No more than four trunk sales shall be conducted at any one dwelling during any one calendar year.

(3)

Not more than two people who are not residents of the dwelling at which a trunk sale is conducted may conduct or assist with a trunk sale; provided, that: (1) Any such people must be employees, agents or representatives of the company which produces the goods to be sold at the trunk sale; and (2) An adult resident of the dwelling at which the trunk sale is being held is present at the trunk sale when it is held.

(4)

There shall be no goods in the dwelling that are available for sale.

(5)

Trunk sales shall be limited to a maximum of five days in duration, which days must be consecutive.

(6)

However, a single permit may be issued for all trunk sales to be held at a dwelling during any calendar year, provided that either the dates of all such sales are included in the application for the permit; or written notice of the place, date and time of each sale, along with a copy of the permit previously issued for that calendar year, are delivered to the zoning officer at least seven days before each such sale is to be held.

(7)

The permit fee must be paid for each permit applied for, but only the application for the first permit must be accompanied by an application for a business license; provided, that thereafter the business license is kept in effect. The drawings, plans or other requirements of article XXIII of this chapter made applicable to trunk sales by this section need be filed only with the application for the first permit unless a different portion of the dwelling is to be used for a subsequent trunk sale.

(c)

Open houses, home tours and special events. Open houses, home tours and other special events ("special events") wherein a residential premise or part thereof is made open to the general public for a fee, donation or other remuneration for commercial or charitable purposes may be conducted in the residential districts of the city under the conditions specified herein below. Such uses shall also be subject to the same monitoring and enforcement procedures set forth in article XXIII of this chapter (applicable to home occupation).

(1)

No more than one such special event shall be conducted at any one residential premises during any one calendar year.

(2)

Such special event shall be limited in duration to a maximum of 6 weekend days and 8 weekdays, which days must be within an 18 day period beginning with the first day of the event. For the purposes of this provision, weekend days shall mean Saturday and Sunday and weekday shall mean Monday through Friday.

(3)

Goods sold at the special event shall be limited to inside the premises or the rear yard, and may not be visible from any public street.

(4)

A permit shall be required for each special event for which a fee to help defray the cost of issuing the permit will be charged in accordance with article XXVII of this chapter. Application for such permit, in the form and with all information requested by the city, must be submitted to the city manager at least 30 days prior to the date upon which the special event is scheduled to begin.

(5)

If, after review of the application, the city manager determines that the parking or the public rights of way are insufficient to handle anticipated traffic volume for the special event, the city manager may require the use of remote parking areas and shuttle buses or valet services, the engagement of law enforcement officers by the applicant to assist with vehicular traffic or other measures designed to reduce the impact on surrounding properties and the public rights of way in the area.

(6)

For the purposes of this section, an open house or home tour conducted for the sole purpose of marketing or sale of the residential premises themselves and for which a fee, donation or other remuneration is not collected shall be permitted and shall not be subject to the conditions in this subsection.

(d)

Temporary structures and uses, and related items. Any structures or items associates with construction taking place on a parcel, or with other activities of a temporary nature, including, but not limited to, portable toilets, shall be placed so as to be in conformity with the minimum setback requirements applicable to the principal building on such parcel. Temporary occupancy of an existing structure on a construction site, or on the adjoining lot, for business operations related to said construction, may be approved by the planning commission for such duration and under such terms and conditions established by the commission in conjunction with such approval.

(e)

Signs re: sale or rental of property. A sign advertising the sale or rental of a parcel may be placed in the front yard of any parcel; provided, that such sign may not exceed six square feet in area.

(Ord. No. 1224, 2-26-96; Ord. No. 1770, 7(19-18-5), 5-12-2008; Ord. No. 1960, § 1, 9-12-2016; Ord. No. 2112, § 1, 11-22-2021)

In cases in which a buffer, a green belt or a privacy fence is required between adjoining parcels, the following shall constitute the minimum requirements therefore, unless otherwise specified in individual cases:

(1)

Buffers and green belts. For a buffer or green belt, a planted strip of land at least 15 feet in width, composed of living deciduous or evergreen trees spaced not more than ten feet apart, and at least one row of dense evergreen shrubs spaced not more than five feet apart, all of which shall be maintained in perpetuity by the property owner who is required to establish such buffer or green belt, or his heirs, successors or assigns.

(2)

Privacy fences and walls. For a privacy fence or wall, a solid wooden fence or brick wall (meaning a fence or wall with no openings or gaps in it, except for a gate which must be closed at all times except when it is in use) six feet in height and, with respect to fences, with all supporting members being on the side of the fence which faces the parcel, the owner of which is required to provide the fence. The fence or wall must be at least five feet inside, and parallel to, the property line of the parcel which is to be screened from view. The area between the privacy fence or wall and the property line shall be grassed, landscaped or otherwise maintained as a buffer or green belt, and both said grassed or landscaped area and the fence or wall shall be perpetually maintained in a neat and orderly condition by the owner of the parcel which is to be screened from view. Nothing contained in this subsection shall permit the construction of a fence or wall more than four feet in height in the required front setback of a parcel or more than eight feet in height between the required front setback line and the existing front building line, or in any required side or rear setback, unless a fence or wall higher than herein specified is specifically permitted by another provision of this Code.

(Ord. No. 1224, 2-26-96; Ord. No. 1840, § 10, 2-14-2011; Ord. No. 1869, § 2, 4-9-2012)