No dwelling shall be erected on any parcel which does not abut at least one street for at least the minimum number of feet set forth in the use regulations for each respective residential district established by this chapter.

(Ord. No. 1778, 2(19-19-1), 9-8-2008)

(a)

Reduction of size of, or other change in, parcel. No parcel may be reduced in area, changed in shape or otherwise modified so that its area is less than the minimum area required in this chapter for a parcel in the zoning district in which such parcel is located, or so that the yards or other open spaces are less than the minimum required in this chapter for a parcel in the zoning district in which such parcel is located, or so that such parcel otherwise does not comply with the requirements of this chapter. Notwithstanding the foregoing, one or more lots and a part of an additional, contiguous lot ("divided lot") may be resurveyed into one lot if all of such property is owned by the same party or parties ("owner") and the owner does not own the remainder of the divided lot ("remainder"). When the owner files his application for approval of the resurvey he must provide the city clerk with satisfactory proof that the owner of the remainder ("remainder owner") has been given notice of the proposed resurvey and an opportunity to include the remainder and a contiguous lot or lots owned by the remainder owner in the resurvey, at the expense of the remainder owner. The remainder owner may, at his expense, become a party to the resurvey and include the remainder and such contiguous lot or lots in the resurvey as one resurveyed lot. If the remainder owner does not include the remainder and a contiguous lot or lots owned by him in the resurvey, the remainder shall not be considered a lot for the purposes of this chapter unless it complies with all of the requirements of this chapter with respect to the zoning district in which it is located, including, without limitation, the minimum area requirement and the minimum street frontage requirement. If the remainder does qualify as a lot, as provided hereinbefore, any improvements built on it must comply with the requirements of this chapter with respect to the zoning district in which it is located, including, without limitation, the building setback requirements and the maximum building area requirement. If the remainder is located in a Residence A District, it shall not be considered a preexisting lot for the purposes of section 129-35 (a)(1) of the City Code.

(b)

Determination of size of parcel. With regard to all districts, only land which is located within the corporate limits of the city may be taken into account in determining whether a parcel satisfies the minimum required area of the parcel.

(Ord. No. 1770, 8(19-19-2), 5-12-2008; Ord. No. 1778, 2(19-19-2), 9-8-2008)

(a)

It shall be unlawful to erect, install, or maintain a sign, hedge, planting, wall, post, or other fixture or structure:

(1)

At or near the intersection of two or more public streets, roads, or thoroughfares;

(2)

At or near the intersection of a public street, road, or thoroughfare and a private roadway or driveway; or

(3)

Elsewhere in a public road right-of-way such that the sign, hedge, planting, wall, post, or other fixture or structure obstructs, interferes with, impairs, or denies the driver of a vehicle approaching the intersection or entering the roadway a clear view of all other vehicular traffic approaching the driveway or approaching the intersection or roadway from other intersecting streets, roads, or thoroughfares.

(b)

A sign, hedge, planting, wall, post, or other fixture or structure shall presumptively be deemed to violate the foregoing prohibition if, from a vantage point three and one-half feet above the road or driveway surface at the "stop bar" or point of entry to the intersection or roadway, a clear view of traffic approaching the driveway or approaching the intersection or roadway from other intersecting streets cannot be achieved for a minimum distance (in units of feet) equal to the posted, advisory, or statutory speed limit (in units of miles per hour) multiplied by ten.

(c)

Prior to initiating any civil or criminal action to enforce the terms of this section, the city shall endeavor to secure voluntary compliance with the requirements hereof; provided, however, that this provision shall be deemed precatory and directory in nature and effect, and shall not be a precondition or bar to such enforcement action or to invocation of any remedy otherwise available to the city.

(Ord. No. 1778, 2(19-19-3), 9-8-2008)

(a)

Size. Accessory buildings may not contain more than the greater of 800 square feet of floor area or 20 percent of the floor area of the principal building on the lot. The height of an accessory building may not exceed the height of the principal building on the lot.

(b)

Relationship to parcel and dwelling. No accessory structure or accessory building in a residential district may be erected in any actual or required front yard. An accessory building may not be located closer than 10 feet to any other detached accessory building on the same parcel. An accessory structure or accessory building must be located at least 5 feet from the dwelling on the parcel on which the accessory structure or building is located, and may be attached to the principle structure by means of a covered, open breezeway that is no wider than 8 feet, is not enclosed (contains no more than 2 walls) and is not heated or cooled. Notwithstanding the foregoing, fences or walls can be erected up to the property line, and may be erected directly adjacent to the principal structure.

(c)

Setback requirements. All accessory buildings which do not exceed 625 square feet and 25 feet in height (or the height of the principal structure on the lot, whichever is lower), must be at least 10 feet from all lot lines, except that such buildings may be allowed to conform to the required side setbacks for principal buildings on non-conforming residence B and residence C lots, as specified in sections 129-53 and 129-63 of this chapter. Accessory buildings exceeding 625 square feet or 25 feet (or the height of the principal structure on the lot, whichever is lower) shall be subject to the regular setbacks specified in the regulations for each zoning district. Notwithstanding any other provision contained in this chapter, no accessory structure or accessory building may be located in a front yard or nearer than 60 feet to the front street line of the parcel on which the accessory structure or accessory building is located.

(d)

Corner parcels. On any corner parcel on which the rear line of the parcel adjoins another parcel which is in a residential district, no part of any accessory structure or accessory building may be nearer the street line of the side street than the minimum front yard setback applicable to the adjoining parcel.

(Ord. No. 1778, 3(19-19-4), 9-8-2008; Ord. No. 1869, § 4, 4-9-2012; Ord. No. 1970, § 1, 1-10-2017; Ord. No. 2007, § 1, 1-22-2018)

(a)

Front yards. Except as further provided in this section and as provided in section 129-335 of this chapter, no fence or wall located in the front setback of any parcel in any residential district may exceed four feet in height. No fence or wall located between the required front setback line and the existing front building line of any parcel in any residential district may exceed eight feet in height.

(b)

Side and rear yards. All fences or walls within required side or rear setbacks shall not exceed eight feet in height.

(c)

Estate district. For estate lots fences and walls located in the front setback may exceed four feet in height, up to a maximum of eight feet in height as follows:

(1)

Fences and walls. Any portion of the fence or wall that exceeds four feet in height must be at least 50 percent open.

(2)

Columns. Columns may be eight feet in height notwithstanding subsection (c)(1) above, but shall be included for the purposes of determining the percentage of open portions of any such fence or wall. Columns may be no more than three feet in width.

(3)

Entry gates. Entry gates and supporting columns are permitted under the same requirements as subsections (c)(1) and (2) above.

(d)

Residence A District. For Residence-A lots containing a minimum width at the front property line of 100 feet:

(1)

Columns. Columns may be eight feet in height and may be no more than three feet in width.

(2)

Entry gates. Entry gates and supporting columns are permitted under the same requirements as subsections(c)(1) and (2) above.

(e)

Fence design and materials.

(1)

The finished side of a fence or wall shall always face the exterior (concrete block, unfinished concrete or modular concrete block must not be left unfinished, but must be finished with stucco, brick or other similar material). Support members, when located on one side of wooden privacy fences, shall be on the interior side.

(2)

Chain-link fencing shall not be permitted forward of any front building line, or within the required front setback, whichever is greater.

(Ord. No. 1778, 3(19-19-5), 9-8-2008; Ord. No. 1840, § 11, 2-14-2011; Ord. No. 1869, § 1, 4-9-2012; Ord. No. 1875, § 1, 7-9-2012)

With regard to residential districts, dwellings may include, in addition to the maximum number of stories permitted by the specific regulations for each residential zoning district, the following additional space, which may be occupied;

(a)

Basements which do not constitute a story above grade; and

(b)

Additional floor area which is wholly within any pitched roof structure.

(Ord. No. 1778, 3(19-19-6), 9-8-2008)

Double-frontage parcels and corner parcels must comply with the front yard requirements with respect to both streets to which they are adjacent; except as provided in article IV, sections 129-52 and 129-53 and article V, sections 129-62 and 129-63.

(Ord. No. 1794, § 3, 4-27-2009)

(a)

Private swimming pools in residential districts:

(1)

Only permanent swimming pools shall be permitted.

(2)

Swimming pools shall be located to the rear of the principal dwelling, and shall conform to subsection 129-314(d) of this chapter for corner lots.

(3)

Swimming pools, whether below grade or wholly or partially above grade level (and related mechanical appurtenances) shall not be located closer than ten feet to any property line.

(4)

All related fencing shall meet the requirements of section 129-315 of this chapter.

(b)

Other private recreational facilities in residential districts:

(1)

Tennis courts, basketball courts, batting cages and other recreational facilities shall be located to the rear of the principal dwelling or use, and shall conform to subsection 129-314(d) of this chapter for corner lots (does not apply to freestanding or wall mounted basketball hoops in/above driveways or on patios).

(2)

All related fencing shall meet the requirements of section 129-315 of this chapter.

(Ord. No. 1869, § 5, 4-9-2012)

All exterior lighting fixtures for recreational facilities shall be constructed to direct the beam below the horizontal plane of the fixture and shall reflect away from any abutting property. Said fixtures may not extend higher than 14 feet.

(Ord. No. 1869, § 6, 4-9-2012)