1.   General Provisions.

      A.   All off-street parking and loading facilities must be completed prior to the issuance of the certificate of occupancy for the use.

      B.   Nothing in this Ordinance prevents providing additional off-street parking or loading facilities, provided that all regulations governing the location, design, and construction of such facilities are met.

      C.   When required, accessible spaces must be closest to the entrance of the structure, and connected by a paved surface designed to provide safe and easy access.

      D.   The existing number of off-street parking and loading spaces may not be reduced below the requirements of this Ordinance. If the number of such existing spaces is already less than required, it may not be further reduced.

      E.   Existing off-street parking and loading areas that do not conform to the requirements of this Ordinance, but were in conformance with the requirements of this Ordinance at the time the parking or loading facilities were established, are permitted to continue as a nonconforming site element. Such areas are permitted to be maintained, however, any expansion shall be in conformance with this Section.

      F.   The sale, repair, or dismantling or servicing of any vehicles, equipment, materials, or supplies is prohibited in off-street parking areas. The sales, display of goods or storage of equipment in off-street parking areas is also prohibited unless otherwise permitted by this Ordinance.

   2.   Off-Street Parking Design Standards. The following standards apply to off-street parking facilities. Single-unit, two-unit, duplex, and townhouse dwellings are subject to the specific standards listed below in subsection G. The exception is if an aforementioned site is designed with a common parking lot or multiple common parking lots, then it is subject to all the standards of this section with the exception of subsection G.

      A.   Off-street parking spaces and drive aisles within a parking lot or structure must be designed in accordance with the minimum dimensions in Table 169.01-A Off-Street Parking Space Minimum Dimensions. Other parking angles other than those described in Table 169.01-A are permitted but must be approved by the Code Official and provide evidence of safe and efficient parking configuration and traffic circulation.

 

 

Off-Street Parking Space Minimum Dimensions

Off-Street Parking Space Minimum Dimensions

      B.   Access.

         (1)   All required off-street parking facilities must have vehicular access from a street, driveway, alley, or cross-access connection.

         (2)   All required off-street parking facilities must have an internal pedestrian circulation system that allows for safe passage between parking areas and any public sidewalk in the adjacent right-of-way and the use it serves. This includes, but is not limited to, interconnected sidewalks, striped walkways, and separated walkways.

         (3)   All parking facilities must be designed with vehicle egress and ingress points that least interfere with traffic movement. Parking facilities must be designed to allow the driver to proceed forward into traffic, rather than back out.

         (4)   All curb cuts must comply with the regulations of the Iowa Statewide Urban Design and Specifications, as amended.

         (5)   Dead end parking lots without a turnaround space are prohibited. A turnaround space must have a minimum depth and width of nine feet, and must be designated with signs stating “No Parking” and painted to indicate parking is prohibited.

      C.   Surfacing. All off-street parking areas must be improved with a hard surfaced, all-weather dustless material; pervious and non-pervious pavers may be used. Sealcoating and roto milling (the process of removing at least part of the surface of a paved area) and gravel is prohibited. Thickness of surfacing must comply with the regulations of the Iowa Statewide Urban Design and Specifications, as amended.

      D.   Curbing.

         (1)   Curbing is required when a parking space abuts a pedestrian walkway, landscape, structure, or fence. Breaks in curbing may be provided accommodate a curb ramp and to allow for drainage into landscape areas that can absorb water. Such curbing must be constructed of permanent materials, such as concrete or masonry, a minimum height of four inches above ground level, and permanently affixed to the paved parking area.

         (2)   Wheel stops are prohibited.

      E.   Lighting. Parking lot lighting must be in accordance with Section 169.06. Wood utility poles are prohibited.

      F.   Setbacks. Off-street parking spaces and drive aisles within a parking lot or structure must be designed in accordance with the minimum dimensions in Table 169.01-B Off-Street Parking and Loading Setbacks.

   G.   Single-Unit, Two-Unit Zero Lot Line, Duplex and Townhouse Dwellings.

      (1)   All required off-street parking spaces must have vehicular access from a driveway that connects to a street, alley or private drive isle. The width of the driveway shall be a minimum of 10 feet.

      (2)   Townhouse developments are generally prohibited from constructing individual driveway accesses to a public street. Exceptions may be granted to lower-volume local streets and/or in areas where property boundaries make access from a private street impractical.

      (3)   Required off-street parking spaces may be designed so that the driver may back out into the street or alley.

      (4)   All off-street parking areas must be improved with a hard surfaced, all-weather dustless material; pervious and non-pervious pavers may be used. Sealcoating and roto milling (the process of removing at least part of the surface of a paved area) and gravel is prohibited. Thickness of surfacing must comply with the regulations of the Iowa Statewide Urban Design and Specifications, as amended.

   3.   Required Number of Vehicle Parking Spaces.

      A.   Table 169.01-C: Off-Street Parking Requirements lists the minimum number of off-street parking spaces to be provided for the designated uses. In some cases, uses that are considered part of a generic use category are listed with specified parking requirements.

      B.   With the exception of single-unit, two-unit, duplex and townhouse dwellings, parking spaces for disabled persons must be provided. The minimum number of accessible parking spaces shall be in accordance with the 2010 ADA Standards for Accessible Design, as amended, and the Iowa Statewide Urban Design and Specifications, as amended.

      C.   The total number of required parking spaces is calculated by the principal use of the lot. When more than one use occupies the same lot, the number of required spaces is the sum of the separate requirements for each use, unless a shared parking arrangement is approved or such use is a multi-tenant commercial center, which has a separate requirement per item E below. The following standards for computation apply:

         (1)   When calculating the number of required off-street spaces results in a requirement of a fractional space, said fraction is rounded up.

         (2)   In places of assembly in which patrons or spectators occupy benches, pews, or similar seating facilities, each 24 inches of such seating facility is counted as one seat for the purpose of determining the requirement for off-street parking facilities. Floor area of a prayer hall is counted as one seat per marked prayer mat space or one seat for every five square feet in the prayer hall if prayer mat spaces are not marked.

      D.   Parking for multi-tenant commercial centers is calculated as one space required per 350 square feet of gross floor area, rather than by the individual uses.

 

   4.   Off-Street Loading Spaces.

      A.   Design.

         (1)   off-street loading spaces must be located on the same lot as the use served. With the exception of the I-1 and I-2 Districts, no off-street loading space may be located within a front or corner side yard.

         (2)   All required off-street loading spaces shall be at least ten feet in width and at least 25 feet in length, exclusive of aisle and maneuvering space, and shall have a minimum vertical clearance of at least 14 feet.

         (3)   All off-street loading spaces must be improved with a hard surfaced, all-weather dustless material; pervious paving is encouraged and may also be used. Gravel is prohibited. Sealcoating and roto milling (the process of removing at least part of the surface of a paved area) is prohibited.

         (4)   Lighting. All off-street loading space lighting must be in accordance with Section 169.06. Lighting. Wood utility poles are prohibited.

         (5)   When adjacent to a public street, loading berths shall be screened utilizing landscaping plantings and berms. When located adjacent to a residential district, loading berths must be screened along interior side and rear lot lines with a solid wall or fence, a minimum of six feet in height. Loading berths should be located opposite any adjacent residential district lot line.

      B.   Required Number of Off-Street Loading Spaces. Off-street loading spaces must be provided in accordance with Table 169.01-D: Off-Street Loading Requirements. In the case of multi-tenant commercial centers or mixed-use developments, required loading spaces are calculated on the basis of each individual tenant (for example, if only one non-residential use tenant of a multi-tenant commercial center is over 10,000 square feet, only one loading space is required; if all tenants are under 10,000 square feet, no loading is required.

 

   5.   Commercial and Recreational Vehicle Storage.

      A.   Commercial Vehicles.

         (1)   Residential Lots.

            (a)   No commercial vehicle may be parked outdoors on a residential lot, with the exception of vehicles engaged in loading or unloading or current work being done to the adjacent premises. This does not include standard size passenger motor vehicles (including, but not limited to: vans, sports utility vehicles (SUVs), standard passenger size livery vehicles, and pick-up trucks), which may be stored or parked outdoors overnight on lots in residential districts. Permitted vehicles also include those owned and used for commercial purposes by the occupant of a dwelling or guest, provided that the vehicle is stored or parked in a permitted parking area. Permitted commercial vehicles may include the logo of the commercial business painted on or applied to the vehicle.

            (b)   Notwithstanding the foregoing subjection, commercial vehicles including, but not limited to, semi-truck tractor units, with or without attached trailers, commercial trailers, flatbed trucks, box vans and box trucks, buses, tow trucks, construction vehicles, livery vehicles that exceed standard passenger vehicle size, such as limousines, or other large commercial vehicles are not permitted to be stored or parked outdoors overnight on a residential lot.

         (2)   Nonresidential Lots. On nonresidential lots, commercial vehicles with the logo of the commercial business painted on or applied to the vehicle that are being operated and stored in the normal course of business, such as signs located on delivery trucks, promotional vehicles, moving vans, and rental trucks, are permitted to be stored on the lot in areas related to their use as vehicles, provided that the primary purpose of such vehicles is not the display of signs. All such vehicles must be in operable condition.

      B.    Recreational Vehicles

         (1)   Recreational vehicle or trailer licensed to transport recreational vehicles or equipment may be stored outdoors on an off-street parking area. Exception: In RS and RD Districts, recreational vehicle or trailer licensed to transport recreational vehicles or equipment less than 15,000 pounds may be stored in a landscaped side or rear yard.

         (2)   No recreational vehicle may be used for living, sleeping, or housekeeping purposes in any district and may not be hooked up to any public utilities.

         (3)   All recreational vehicles must be maintained in mobile condition. No recreational vehicle may be parked or stored in such manner as to create a dangerous or unsafe condition on the lot where it is parked or stored. If the recreational vehicle is parked or stored, whether loaded or not, so that it may tip or roll, it is considered to be a dangerous and unsafe condition.

   1.   Landscape Plan Required. A landscaping plan is required for development within the multi-unit residence, residential manufactured home park commercial, industrial and public districts and for non-residential development in residential and interim development districts.

   2.   Selection, Installation and Maintenance.

      A.   Selection.

         (1)   All plant materials must be of good quality and meet American Horticulture Industry Association (AmericanHort) or its ANSI accredited successor’s standards for minimum acceptable form, quality, and size for species selected.

         (2)   All species must be capable to withstand the seasonal temperature variations of USDA Hardiness Zone 5b (the plant zone for North Liberty). A hardiness zone is a geographically defined area in which a specific category of plant life is capable of growing, as defined by climatic conditions, including its ability to withstand the minimum temperatures of the zone.

         (3)   The use of species native or naturalized is required. Drought tolerant species are encouraged.

         (4)   Invasive species are prohibited.

      B.   Installation.

         (1)   All landscape materials must be installed in accordance with current nursery industry standards, and must be properly supported to ensure survival. Support devices such as guy wires or stakes must not interfere with pedestrian or vehicular movement.

         (2)   If landscape material is located within a utility easement and repair or replacement of the utility is needed, the City or utility is not responsible for the replacement of any landscape that may be damaged.

         (3)   All plant materials must be free of disease and installed so that soil of sufficient volume, composition, and nutrient balance are available to sustain healthy growth.

         (4)   Landscaping materials shall be planted as each phase of a site is developed.

         (5)   If weather prohibits the installation of landscape materials, a security bond for 125% in favor of the City of the estimated amount of landscape materials and installation cost. The cost of landscape materials and installation must be determined by a landscape architect or other landscape business professional.

      C.   Landscape materials depicted on approved landscape plans are considered a required site element. As such, the owner of record or the business or homeowner’s association is responsible for the maintenance, repair, and replacement of all landscape materials and elements.

   3.   Minimum Planting Sizes. Minimum planting sizes are as follows. For the purposes of determining trunk size, the diameter/caliper is measured at six inches above ground level, unless otherwise specified in current ANSI accredited Horticultural Standards.

      A.   Evergreen trees must have a minimum height of six feet.

      B.   Shade trees must have a minimum clear trunk height of four feet above the ground with a two-inch caliper.

      C.   Single stem ornamental trees must have a minimum trunk size of two inches in caliper. Multiple stem ornamental trees must have a minimum height of eight feet.

      D.   Evergreen or deciduous shrubs must have a minimum height of 18 inches.

   4.   Berming. If berms are included on a landscape plan, they must comply with the following:

      A.   Berms must be stabilized to prevent erosion.

      B.   Berms must be a minimum of two feet in height.

      C.   Berms of two feet in height and up to six feet in height are limited to a maximum slope of 3:1, as measured from the lot line.

      D.   Berms of six feet in height or more are limited to a maximum slope of 4:1, as measured from the lot line.

      E.   Berms must undulate by height and/or width for visual interest.

   5.   Parking Lot Landscape. A perimeter landscape area is required for all parking lots adjacent to streets and public spaces such as a plaza, public seating area, or park. The landscape treatment must run the full length of the parking lot perimeter and must be located between the lot line and the edge of the parking lot, with the exception of pedestrian walkways. The landscaped area must be improved as follows:

      A   Shrubs must be planted and spaced sufficiently to form a continuous linear hedgerow at plant maturity.

      B   A minimum of one shade tree must be provided for every 50 linear feet of perimeter landscape yard. Two ornamental trees may be substituted for one shade tree and must be spaced one ornamental tree every 25 feet. Trees may be spaced linearly on-center, or grouped to complement an overall design concept.

      C   Trees within parking lot islands adjacent to parking lot landscaping areas may be included in the calculation for minimum number of required trees.

   6.   Parking Lot Interior Landscape. All parking lots consisting of 15 or more spaces require interior parking lot landscape as described in this section.

      A.   All rows of parking stalls must terminate in a parking lot island or landscape area.

      B.   Where more than 15 parking stalls are provided in a row, one parking lot island must be provided between every 15 parking spaces. As part of the landscape plan approval, parking lot island locations may be varied based on specific site requirements or design scheme, but the total number of islands must be no less than the amount required of one island for every 15 spaces.

      C.   Parking lot islands must be at least the same dimension as the parking stall. Double rows of parking must provide parking lot islands that are the same dimension as the double row.

      D.   A minimum of one shade tree must be provided in every parking lot island or landscape area. If a parking lot island extends the width of a double row, then two shade trees are required. A tree is not required if there is insufficient area due to pedestrian accommodations (limited to connected walkways and outdoor seating areas) within the island.

   7.   On-Site Trees. In addition to trees in required buffer yards, on-site shade trees must be installed as follows:

      A.   Multi-Unit Residence District. One tree for each 750 square feet of building footprint.

      B.   Residential Manufactured Home Park District. One tree for every four acres.

      C.   Commercial, Industrial and Public Districts. One tree for every 2,000 square feet of building footprint.

      D.   Trees within parking lot landscape and parking lot islands adjacent to parking lot landscape may be included in the calculation for minimum number of required trees.

   8.   Buffer Yards.

      A.   Buffer yards are required for new construction along interior side and rear yards in the following cases:

         (1)   Where the lot line of a multi-unit residence development is adjacent to the lot line of a single-unit residence or two-family residence district.

         (2)    Where a non-residential use is located within a residential or interim development district.

         (3)    Where the lot line of a non-residential district is adjacent to the lot line of a residential district. This does not include private or public parks.

      B.   The required design for buffer yards is as follows:

         (1)    A buffer yard must be a minimum of 10 feet in width.

         (2)    One shade or evergreen tree must be planted for every 30 linear feet of buffer yard length. As part of the landscape plan approval, trees may be spaced at various intervals based on specific site requirements, but the total number of trees planted must be no less than one per 30 linear feet of buffer yard length.

         (3)   Existing trees in the buffer yard may count toward the buffer yard tree requirement. This credit is a 1:1 ratio (one existing tree for one proposed tree) regardless of the size of the existing tree.

         (4)    Evergreen shrubs must be planted and spaced sufficiently to form a continuous linear hedgerow at plant maturity. As part of the landscape plan approval, shrubs may be spaced at various intervals based on specific site requirements, but the total number of shrubs planted must be no less than one per three linear feet of buffer yard length.

         (5)   A fence may be required at the discretion of City staff.

   9.   Site Landscape. Areas of any lot that are not covered by structures or pavement must be planted with live landscaping. Stone, mulch, or other permeable landscape materials may be used to satisfy this requirement, but must not cover more than 40% of such area and must be designed so such materials are placed so that they are no higher than the height of the curb to prevent spill.

Dumpster and recycling enclosures are required in multi-unit residence (except for townhouse developments), commercial, industrial and public districts and for non-residential development in residential and interim development districts.

   1.   Performance Standards.

      A.   Dumpsters, trash compactors and/or other such solid waste containers shall be stored in the enclosure at all times.

      B.   Enclosures, gates, doors, etc. shall be kept in good working condition at all times.

      C.   The area within and around the enclosure shall be kept in a clean condition at all times.

      D.   Gates shall remain closed at all times except when the dumpster, trash compactor and/or other such solid waste container is being serviced.

   2.   Design Standards.

      A.   Enclosures shall not be located in the required front or corner side yard area and should be located out of public view to the greatest degree possible.

      B.   Access to the enclosure shall remain unobstructed with a clear approach.

      C.   The area within the enclosure and apron shall be improved with a hard surfaced, all-weather dustless material.

      D.   Enclosure shall be a minimum of six feet in height but must be of sufficient height to effectively screen the view of dumpsters, trash compactors and/or other such solid waste containers.

      E.   Enclosures shall be constructed of split faced block, decorative stone or brick to match the principle building to the maximum extent possible.

      F.   For multiple-unit residence developments utilizing a dumpster, there shall be an accessible pedestrian entrance. See figure 169.03-A.

      G.   Gates shall not open onto sidewalks, parking spaces or a right-of-way.

      H.   The exterior face of gates shall be metal or wood. Non-solid gates shall be a minimum 90% opaque. Gate supports shall be metal with the appropriate diameter to support the gate(s). Hardware must be of sufficient strength to accommodate repetitive swinging.

Figure 169.03

The provisions of this section apply to the construction, alteration, moving, and repair of any fence or wall within the jurisdiction.

   1.   Permit Required. Each application for a permit shall be submitted prior to the installation or alteration of a fence or wall. The application shall be accompanied by a plot plan, in duplicate, drawn to scale, showing the actual dimensions of the lot; the size, shape, and location of all existing buildings; location, height, and material type of the proposed fence or wall; and such other information as may be necessary to provide for the enforcement of this section. A record of applications and plans shall be kept in the Code Official’s office.

   2.   Application Fee. A fee for the permit shall be charged. The fee shall be set by the City and shall be available at the office of the Code Official.

   3.   Review. All applications for permits shall be submitted to the Code Official for review and approved prior to permit issuance. Each application shall include data necessary to show that the requirements of this code are met.

   4.   Expiration. Every permit issued by the Code Official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Code Official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.

   5.   Inspections. A final inspection may be performed to assure compliance with this code.

   6.   Height. The height of all fences and/or retaining walls located within a front, corner side yard, side, or rear yard shall not exceed those found in Table 169.04.

 

 

   7.   Location. Fences and walls shall be located entirely within the confines of the property lines except for fences located next to a public or private alley shall maintain a minimum 2-foot separation between the fence and alley property line. No fence or wall shall encroach on or obstruct a public sidewalk.

   8.   Design and Maintenance Standards.

      A.   Except where impracticable (such as a shadowbox fence, split rail fence, etc.), the frame of a fence, including posts, rails, and supports shall be placed on the inside of the fence and facing towards the property on which the fence is erected.

      B.   All fences and walls shall be constructed in a sound and sturdy manner and shall be maintained in a good state of repair, including the replacement of defective parts, painting, and other acts required for maintenance.

   9.   Prohibited Fence Material. The following fences are prohibited, except as provided in this chapter or for permitted agricultural residential gardening uses to protect against rodents, vermin, and pests:

      A.   Metal fences with the exception of chain link, wrought iron, and simulated wrought iron

      B.   Electrical fences or any kind of electrically charged fences

      C.   Barbed wire, razor wire, spikes, nails, etc.

      D.   Wood panel fence

      E.   Plywood or oriented strand board (OSB)

      F.   Pallets or any used repurposed material

      G.   Cloth, fabric, canvas, plastic sheets, tarps, etc. as primary materials

      H.   Chicken wire

      I.   Snow fence, except as provided below

   A snow fence may be erected on a temporary basis, not to exceed six months, to alleviate the adverse effects of drifting snow or to warn and prevent access to an area by unauthorized persons. When erected on a temporary basis to prevent access of unauthorized persons to any area, a snow/safety fence shall be removed within 24 hours after the elimination of the reason for which the fence was erected originally.

   10.   Installation and Maintenance. All fences and walls shall be installed or constructed in a workmanlike manner. All fences and walls shall be maintained and repaired as needed. The owner of the property upon which the fence or wall is constructed is required to maintain the fence.

Accessory structures and uses shall occupy the same lot as the main use or building. No lot shall have an accessory structure or use without the principal use. No accessory structure shall be used as a dwelling unit. Accessory structures shall be constructed out of material intended for long-term exposure to the elements. Prohibited materials include, but are not limited to cloth, fabric, canvas, plastic sheets and tarps. Exceptions to the materials prohibition includes plastic for greenhouses and fabric and/or canvas for shade structures. Shipping containers are prohibited as an accessory structure

   1.   Yard Encroachment. No accessory building or use shall be located within any yard unless authorized by this Section and/or Section 169.08.

   2.   Freestanding Garages, Storage Buildings, Greenhouses, Gazebos, Pergolas, and other Similar Structures greater than 200 Square Feet Gross Floor Area.

      A.   RS, RD and ID districts shall be subject to the following:

         (1)   A maximum of one freestanding garage building, greenhouse, gazebo, pergola, or other similar structure greater than 200 square feet gross floor area. No other structure(s) greater than 200 square feet gross floor area are permitted if the property contains a detached Accessory Dwelling Unit (ADU) as defined in Section 168.07(1).

         (2)   Freestanding garages or combination of structures, which include a freestanding garage: A maximum gross floor area of 850 square feet. RS district exception: on properties exceeding .5 acres but less than.75 acres, the maximum gross floor area shall be 1,000 square feet. On properties exceeding .75 acres but less than one acre, the maximum gross floor area shall be 1,200 square feet. On properties exceeding one acre, the maximum gross floor area shall be 1,400 square feet. Notwithstanding the foregoing, the gross floor area shall not exceed the total footprint of the residence.

         (3)   All other structures or combinations of structures, which do not include a freestanding garage: A maximum gross floor area of 600 square feet.

         (4)   Structures as described in subparagraphs (1) and (2) above may be located within the rear yard subject to a five-foot side and rear setback.

         (5)   Structures as described in subparagraphs (1) and (2) above may be located within a side yard subject to meeting the required side and rear yard setbacks for the main building.

         (6)   Structures as described in subparagraphs (1) and (2) above shall be situated a minimum 20 feet from a public or private right-of-way or improved alley.

      B.   RM district.

         (1)   The RM District has no maximum number of structures, however, the aggregate floor area of all freestanding garages, greenhouses, gazebos, pergolas and other similar structures shall not exceed the aggregate footprint of the main buildings.

         (2)   Freestanding garages, greenhouses, gazebos, pergolas and other similar structures may be located within the rear yard subject to a 10-foot side and rear setback.

         (3)   A minimum 20 feet from a public or private right-of-way or improved alley is required for all freestanding garages, greenhouses, gazebos, pergolas and other similar structures.

         (4)   Freestanding garages, greenhouses, gazebos, pergolas and other similar structures shall not be located within any utility, sewer, drainage, access or walkway easement, where such easement is dedicated to the City or to public use.

         (5)   Freestanding garages, greenhouses, gazebos, pergolas and other similar structures shall have a maximum height of 15 feet.

   3.   Storage Buildings and Greenhouses.

      A.   RS and RD districts shall be subject to the following:

         (1)   A maximum two storage buildings, greenhouses or structures designed for other similar use, or any combination thereof, may be located within the rear yard.

         (2)   Maximum 200 square feet gross floor area per structure.

         (3)   Storage buildings, greenhouses and other similar structures shall have a minimum of five feet from the side and rear property line.

         (4)   A minimum of 10 feet from a public or private right-of-way alley is required for all storage buildings, greenhouses, and other similar structures.

         (5)   Storage buildings, greenhouses, and other similar structures shall not be located within any utility, sewer, drainage, access or walkway easement, where such easement is dedicated to the City or to public use.

         (6)   Storage buildings, greenhouses, and other similar structures shall have a maximum building height of 10 feet.

      B.   R-MH district shall be subject to the following:

         (1)   A maximum one storage building, greenhouse or structure designed for other similar use, or any combination therefore, may be located on the same space as the manufactured home, and only in the side or rear yard.

         (2)   A maximum of 144 square feet gross floor area is permitted for any such structure as described in subparagraph (1) above.

         (3)   Structures as described in subparagraph (1) above shall be located a minimum of 10 feet from a public or private right-of-way alley.

         (4)   Structures as described in subparagraph (1) above shall not be located within any utility, sewer, drainage, access or walkway easement, where such easement is dedicated to the City or to public use.

         (5)   Structures as described in subparagraph (1) above shall have a maximum building height of 10 feet.

   4.   Other accessory uses.

      A.   Swimming pools. Swimming pools may be located within the rear yard subject to the following conditions:

         (1)   A minimum of five feet from the side and rear property line.

         (2)   A minimum of 10 feet from a public or private right-of-way.

         (3)   Not within any utility, sewer, drainage, access or walkway easement, where such easement is dedicated to the City or to public use.

      B.   Flagpoles. Flagpoles may be permitted within any yard subject to the following conditions:

         (1)   Limited to the maximum of three poles.

         (2)   Limited to the maximum height for the district or 40 feet, whichever is less.

         (3)   A minimum of five feet from any property line.

         (4)   External illumination of flags is permitted but must be focused on the flagpole and flag.

      C.   Freestanding solar systems. Freestanding solar systems may be located within the rear yard subject to the following conditions:

         (1)   Must meet the required side and rear yard setback for the main building.

         (2)   Not within any utility, sewer, drainage, access or walkway easement, where such easement is dedicated to the City or to public use.

         (3)   Maximum system height of 15 feet.

   5.   District Specific Accessory Uses.

      A.   In all districts, the storage of wood, lumber, and other material where the land occupied by such storage is confined to one location in the rear yard area with a maximum area of 100 square feet, provided that there are at least eight inches of free air space under such storage.

      B.   In all non-residential districts and for non-residential uses in residential districts, outdoor storage or display exceeding 100 square feet shall be subject to the following:

         (1)   Outdoor storage or display areas shall be screened with landscaping consisting of shade trees and evergreen trees and shrubs. Such landscaped area shall be of sufficient width and density to provide an effective and aesthetically pleasing screen with trees and shrubs not less than five feet in height when planted. In lieu of planting strips, a six-foot tall solid vertical fence or masonry, heavy wood construction, or other similar material approved by the Code Official may be used as a screen.

         (2)   Outdoor storage or display shall be allowed only on hard-surface areas paved to parking lot specifications with asphalt or concrete.

         (3)   Seasonal outdoor display may not be subject to the requirement if approved as a zoning temporary use.

   6.   Home Occupations.

      A.   Home occupations are permitted in any dwelling unit in the RS, RD R-MH districts as an accessory use provided that this use is clearly incidental and secondary to the primary use of the dwelling for residential purposes and does not change the character of the dwelling unit or adversely affect the surrounding residential district of which it is a part.

      B.   A member or members of the immediate family occupying the dwelling and no more than one person who is not a resident member of the immediate family may be in the home at any given time to work in connection with the home occupation.

      C.   Home occupations of an office or service-related businesses with client visits are limited to one client at a time per home occupation in the structure.

         (1)   For purposes of this section, client means one or more persons meeting with for the office or service-related business home occupation.

         (2)   For the purposes of this section, client does not mean regular meetings of sales associates or a similar category of employee.

      D.   No alteration of the principal building may be made that changes the residential character of that dwelling. Displays or activities that indicate from the exterior that the structure is being used, in part, for any purpose other than that of a residence are prohibited.

      E.   No commodities can be sold or services rendered that require receipt or delivery of merchandise, goods, or equipment other than by a passenger motor vehicle or by parcel or letter carrier mail services using vehicles typically employed in residential deliveries.

      F.   The home occupation and all related activity, including storage, must be conducted completely within the principal building or a permitted accessory structure.

      G.   No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials may be used or stored on the site. There must be no perceptible noise, odor, smoke, electrical interference, vibration, or other nuisance emanating from the structure where the home occupation is located in excess of that normally associated with residential use.

      H.   The home occupation cannot create greater vehicular or pedestrian traffic than is average for a residential area. The home occupation and any related activity must not create any traffic hazards or nuisances in public rights-of-way.

      I.   The use or storage of tractor trailers, semi-trucks, or heavy equipment, such as construction equipment used in a commercial business, is prohibited.

      J.   Repair and service of any vehicles or any type of machinery, small or heavy, is prohibited.

      K.   Rental services, where any materials for rent are stored on-site and customers visit the residence to pick-up and return the product, is prohibited.

   1.   Lighting plan required. A lighting plan is required for development within the multi-unit residence, residential manufactured home park commercial, industrial and public districts and for non-residential development in residential and interim development districts. Single-family and two-family dwellings are exempt from a required lighting plan but are subject to applicable lighting requirements.

   2.   Maximum Lighting Regulations.

      A.   The maximum allowable foot-candle at any lot line is one foot-candle.

      B.   When additional security lighting is required for security reasons in excess of the foot-candle limit imposed by item 1 above, additional lighting may be allowed based on evidence for the need for additional security through site plan review.

      C.   No glare onto adjacent properties is permitted.

   3.   Luminaire with Cut Off Standards.

      A.   To be considered a cut off luminaire, the cut off angle must be 75 degrees or less.

      B.   The maximum total height of a cut off luminaire, either freestanding or attached to a structure, is 25 feet.

      C.   A cut off luminaire must be designed to completely shield the light source from an observer 3.5 feet above the ground at any point along an abutting lot line.

   4.   Luminaire with No Cut Off Standards. Decorative and/or architectural lighting with no cut off may approved as part of site plan review subject to the following standards:

      A.   A luminaire is considered to have no cut off if it is unshielded or has a cut off angle greater than 75 degrees.

      B.   The maximum permitted total height of a luminaire with no cut off is 15 feet.

   5.   Exceptions to Lighting Standards.

      A.   Uplighting of buildings, flags, statues, etc. is allowed but all light must be directed onto the object and cannot glare onto other properties.

      B.   Because of their unique requirements for nighttime visibility and limited hours of operation, outdoor recreational facilities (public or private) such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, golf driving ranges, show areas, and other similar uses are exempt from the requirements of this section. Recreational facilities are permitted a total luminaire height of 65 feet in any district. Luminaires greater than 65 feet in total height may only be approved by conditional use.

      C.   Holiday and seasonal lighting.

      D.   Luminaires used for public roadway illumination.

      E.   All temporary emergency lighting required by public safety agencies, other emergency services, or construction.

   1.   Zoning Lot. In this chapter the term “lot” refers to a “zoning lot” unless the context clearly indicates that it refers instead to a “lot of record.” A zoning lot is a single tract of contiguous land which, at the time of filing for a building permit or a certificate of occupancy or district boundary change, is designated by the owner or developer as a tract to be used, developed, or built upon as a unit under single or unified ownership or control and assigned to the particular use, building, or structure for which the building permit or certificate of occupancy is issued. A lot includes such area of land as may be required by the provisions of this chapter for such use, building, or structure.

   2.   Lot Street Frontage and Access Required. No lot shall be created or any principal building constructed or placed on any lot or tract of land unless such lot or tract has frontage on either a public street or on a private street which has been specifically approved by the Council for that purpose. In order to be approved, such street shall provide permanent and unobstructed vehicular access, have a roadway of adequate width and surface, and meet all other applicable standards and requirements, established by the City. No lot shall be used for residential purposes unless such lot has at least a 35-foot frontage on such street.

   3.   Division of Lot. No improved lot shall hereafter be divided into two or more lots and no portion of any improved lot shall be sold unless all lots resulting from each division or sale shall conform to all the applicable bulk regulations of the district in which the property is located.

   4.   Number of Principal Buildings Permitted on a Lot. In all RM, C, and I districts, more than one principal institutional public or semi-public, multi-family, commercial, or industrial building may be located on a lot provided that no such building or portion thereof is located outside the buildable area of the lot. However, in all RS and RD districts, except in the case of Planned Area Developments, not more than one detached one- or two-family residential building shall be located on the same lot with any other principal building.

   5.   Lot of Record. In any residence district on a lot of record, on the effective date of the Zoning Ordinance, a single-family dwelling may be established even though the lot area and width do not meet the minimum district requirements, provided all other requirements of this code are met. However, where two or more contiguous substandard recorded lots are in common ownership and are of such size that together they constitute at least one conforming “zoning lot,” such lots or portions thereof shall be so joined and re-platted for the purpose of forming an effective and conforming zoning lot or lots.

Any building, structure, or use hereafter erected, altered, or established shall comply with the general yard space requirements of the district within which it is located, except as specified herein.

   1.   Location of Required Yard. The required yard space for any building, structure, or use shall be contained on the same lot as the building, structure, or use and such required yard space shall be entirely upon land in a district in which the principal use is permitted.

   2.   Reduction or Sharing of Required Yards or Space Prohibited. No lot, yard, court, parking area, or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required for this code. No part of a yard, court, parking area, or other space provided for any building or structure to comply with the provisions of this code shall be included as part of a yard, court, parking area, or other spaces required under this code for another building or structure.

   3.   Required Yards for Existing Buildings. No yards, now or hereafter provided, for a building existing on the effective date of this Zoning Ordinance shall subsequently be reduced below (or further reduced if already less than) the minimum yard requirements of this code for equivalent new construction.

   4.   Required Yards on Major Streets.

      A.   Major Streets. All applicable building setbacks and yard requirements set forth in this code shall be measured and determined from the existing street right-of-way.

      B.   Private Streets. All applicable building setbacks and yard requirements along private streets shall be measured from the nearest line of the access easement.

      C.   In all C, O-RP, and I-1 districts on lots fronting on two nonintersecting streets, a front yard must be provided on both streets.

      D.   On corner lots in all districts there shall be a front yard on both streets.

   5.   Transitional Yards. Where a lot is in a C or I-1 district and is next to an R district, the side or rear yard required in that R district must be provided along the boundary line.

   6.   Yards with More than One Principal Building. When two or more buildings are permitted on a lot, the required yards shall be maintained around the group of buildings.

   7.   RD Side Yards. In all RD two-family dwelling unit districts, only the side yard on the detached side of the dwelling will be required. No side yard will be required on the side of the dwelling located on the common lot line.

   8   Permitted Encroachments into Required Yards and Exceeding Maximum Building Height.

      A.   An encroachment is the extension or placement of an accessory structure or architectural feature into a required yard. Permitted encroachments are indicated in Table 169.08-1: Permitted Encroachments into Required Yards and Exceeding Maximum Building Height.

         (1)   Section 169.06 contains regulations on accessory buildings and uses not listed in Table 169.08, which may include additional permissions or restrictions for their permitted encroachment into yards.

         (2)   When an accessory structure or architectural feature regulated by Table 169-08 is prohibited from encroaching in a required yard, the structure or architectural feature may be located in the corresponding yard beyond the required yard unless specifically prohibited by the table.

         (3)   Encroachments shall be subject to the corner visual clearance.

      B.   In districts where a maximum height is imposed, such height limitations shall not apply to certain appurtenances and structures and are indicated in Table 169-08: Permitted Encroachments into Required Yards and Exceeding Maximum Building Height.

 

   All projects that require the additional use of new facilities of essential services, such as sewers, storm drains, fire hydrants, public streets, street lighting and similar services, shall obtain such approval as required by the agency providing such service prior to project approval. Non-availability of essential services may be grounds for denying permits for additional development until such services are available. The City is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be designed and installed in full conformance with the jurisdiction’s standards for such service, and shall be subject to review, permit, and inspection as required by other policies or ordinances of the City.

This section is intended to provide consistent high-quality general design standards for the community.

   1   Purpose. The purpose of this section is to ensure high-quality development to enhance community image and quality of life.

   2.   Requirements for All Districts. The following requirements shall be observed for development in all districts:

      A.   Building design shall be visually harmonious and compatible with the neighborhood character.

      B.   Buildings located on property with double frontages shall have similar wall design facing both streets.

      C.   Buildings shall have a consistent architectural style throughout the development on each lot, as defined by repetition of exterior building material and colors, and architectural elements.

      D.   Except for RS RD,R-MH and ID districts, color schemes shall be primarily based on earth tones. Earth tone colors include colors from the palette of browns, tans, greys, greens, and red. Earth tone colors shall be flat or muted. Building trim and accent areas may feature non-earth tone and brighter colors. In any district, the use of high intensity colors, neon or fluorescent color and neon tubing is prohibited.

      E.   Special attention shall be taken to incorporate external mechanical equipment into the design such that it does not detract from the aesthetics of the site and building.

      F.   Except in the R-MH district, a minimum roof pitch of 5:12 shall apply to gable, hip, or shed roofs and there shall be a minimum roof overhang at the eves of 12 inches. This does not apply to portions of a roof that are separate from the structure’s primary roof. Metal roofs shall not be corrugated or similar appearance. The color of the roof shall be visually harmonious and compatible with the building color scheme.

      G.   Roof top equipment shall be screened on all sides of the building as viewed in plan elevation.

      H.   Reflective surfaces that may cause glare or traffic hazards are not acceptable.

   3.   Requirements for Non-Residential (including mixed-use) Development in Residential Districts. The following requirements shall be observed for all non-residential development in the RS, RD, RM and ID districts:

      A.   Minimum required masonry on front and corner side yard building elevations is 60%. Required masonry does not apply to accessory structures.

      B.   For exterior walls not composed of masonry products, wall coverings shall be wood and/or vertical or horizontal grooved siding or lapped siding, or materials of similar appearance.

   4.   Requirements for Development in Commercial Districts.

      A.   Commercial zoning districts are intended to enhance public welfare by providing for safe, convenient, high quality pedestrian-oriented commercial centers that contribute to community identity as energetic and attractive focus points. Through development and redevelopment within these districts, the city recognizes the importance of creating high quality development areas to the quality of life for residents of the city, the impact quality development has on the image of the community, and the need to provide restrictions and guidelines to enhance visual appearance and functionality. The objectives addressed through these regulations include the following:

         (1)   Design. To achieve appealing aesthetic design through high quality architecture and construction, with attention to placement, relationship, and orientation of structures and amenities to provide both internal cohesiveness and compatibility with surrounding uses.

         (2)   Walkability. To achieve overall development patterns that encourage walking and reduce dependence on the automobile to travel from one business to another, and so reduces the dominance of the automobile within the development.

         (3)   Human-scale Activity. To achieve a sense of place by emphasizing pedestrian interaction with commercial uses rather than sprawling automobile-dominated designs, both in building architecture and public or private outdoor areas.

         (4)   Compatible Uses. To achieve the right blend of uses, compact and well-designed, that complement each other and provide cohesive overall developments.

      B.   The following requirements shall be observed for all development in commercial districts:

         (1)   Site Layout Requirements.

            (a)   Pedestrian Areas. Each development shall provide a complete network of paths, plazas, and open spaces that interconnect building entrances, parking, sidewalks, other properties, and other pedestrian amenities. These pedestrian areas are expected to constitute a significant portion of development area, and may include plazas, special paving areas between parking and entrances, and outdoor eating patios. Additionally, portions of pedestrian areas should be at least partly covered so that users are protected from rain and intense sun. New developments will be required to connect to paths and sidewalks established by previously-approved developments.

            (b)   Outdoor Infrastructure Design. Each development shall provide outdoor lighting fixtures, integrated street pavers or patterns, and landscaping that reinforces quality building design and blends with previously-approved developments, when appropriate. Design elements may include decorative lighting, seating with benches, low walls, planters, enhanced paving techniques, and other features complimentary to the development.

            (c)   Parking Areas. Parking areas shall consist of areas that are aesthetically pleasing, landscaped to screen public views, and located so as not to be the dominant feature along any street or within any development. The use of alternate materials to designate pedestrian areas within or adjacent to parking lots is encouraged, and pedestrian areas shall be separated from vehicular traffic with landscaping, decorative posts, special paving, or other measures to clearly define the pedestrian spaces. Property owners are encouraged to establish shared parking zones among uses on one or more lots.

         (2)   Building Materials and Design Requirements.

            (a)   Materials. Minimum required masonry on all building elevations is 60%. Exterior walls not composed of masonry products shall not be covered with ribbed metal siding commonly referred to as corrugated metal.

            (b)   Design. Buildings and building features shall be sized and detailed appropriately for pedestrian use. Projected or recessed doorways and windows, awnings, and other architectural features may be used to achieve this design. Traditional strip-retail type frontages featuring long flat frontages with regularly spaced doors and unbroken expanses of concrete approaching the storefronts are specifically disallowed. Side and rear elevations shall be comprised of the same materials and reasonably similar in character and quality as the front elevation unless screened from view from all public streets and residential areas by topography differences, landscaping materials, or other screening devices, in which case building material may be concrete block or tilt-up concrete panels.

   5.   Requirements for Development in Industrial Districts. The following requirements shall be observed for development in the industrial districts:

      A.   Minimum required masonry on front and corner side yard building elevations is 25%. Notwithstanding the foregoing, buildings on lots abutting Penn Street shall be composed of not less than 90% masonry products on the entire wall(s) facing Penn Street. If the building is canted or angled on the lot, both sides facing Penn Street shall be composed of not less than 90% masonry products. If the building is located on a corner lot with one side abutting Penn Street, the building wall facing the side street shall meet the 25% masonry requirement in addition to the 90% Penn Street requirement. In all cases, building sides facing exterior lot lines and not composed of masonry shall be heavily screened with trees and shrubs.

      B.   For exterior walls not composed of masonry products, stucco, wood siding, premium-grade vinyl siding if installed horizontally, or other materials similar in appearance are preferred.

   6.   Requirements for Development in the Public District. The following requirements shall be observed for development in the public district:

      A.   Minimum required masonry on front and corner side yard building elevations is 25%. Notwithstanding the foregoing, buildings on public works campuses screened from public view are not subject to the 25% required masonry.

      B.   For exterior walls not composed of masonry products, stucco, wood siding, premium-grade vinyl siding if installed horizontally, or other materials similar in appearance are preferred.

   1.   The Commission shall have the following authority related to this section:

      A.   To recommend denial of any site plan that does not conform to all regulations of this section, including elevation detail.

      B.   To recommend modifications to building materials, architectural features, or orientation on the site, beyond those explicitly enumerated in this section, considered to be consistent with the goals and objectives of the City’s Comprehensive Plan.

   2.   The Council shall have the following authority related to this section:

      A.   To deny any site plan that does not conform to all design standards in this code, including elevation detail.

   B.   To require modifications to building materials, architectural features, or orientation on the site beyond those requirements explicitly enumerated in this section, considered to be consistent with the goals and objectives of the City’s Comprehensive Plan, or to deny any site plan if such modifications are not made by the petitioner.