The supplemental site development regulations recognize the existence of special conditions that cannot comply literally with the site development regulations set out for each zoning district. Therefore, these regulations qualify or modify the district regulations of this chapter and provide for specific areas of exception.

(Code 1980, § 55-781)

(a)

Lots adjoining alleys. In calculating the depth of a required side or rear yard setback for a lot adjoining a dedicated public alley, one-half of the alley may be credited as a portion of the yard. However, no residential structure may be nearer than three feet to the near side of the alley.

(b)

Exceptions to openness of required yards. Every part of a required yard shall be open and unobstructed from finished grade upward, except as specified herein.

(1)

Window sills, belt courses, cornices, eaves, flues and chimneys, and ornamental features may project two feet into a required yard.

(2)

Terraces, patios, uncovered decks, and ornamental features which have no structural element more than two feet above or below the adjacent ground level may project ten feet into a required yard. However, all such projections must be set back at least three feet from an adjacent side lot line.

(3)

Fire escapes, fireproof outside stairways, and balconies opening to fire towers may project a maximum of three and one-half feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings.

(4)

For buildings constructed upon a front property line, a cornice may project into a public right-way. Maximum projection is the smaller of four feet or five percent of the right-of-way width.

(5)

In office and commercial districts, a canopy may extend into a required front yard, provided that the canopy is set back at least five feet from the front property line, covers less than 15 percent of the area of the required front yard, and has a vertical clearance of at least eight feet six inches.

(6)

Any accessory structure in a residential district (DR through R8 and MH) shall be located within the buildable area of the lot, with the following exceptions:

a.

Private and community garages, sheds and agricultural structures may be located a minimum of three feet from the interior side or rear lot line if set back 60 feet or more from the front lot line.

b.

In the DR through R5 districts the total floor area of any structure receiving the above exemption and located either totally or partially outside the buildable area shall not exceed 750 square feet.

(7)

Lampposts with a maximum height of ten feet, and flagpoles up to maximum height of the base district, may be located within required yards, provided they are set back at least five feet from property lines.

(c)

Setback adjustment for developed residential blocks. These provisions apply if 75 percent or more of the lots on a residentially zoned blockface are developed and if 50 percent or more of the buildings on that blockface have front yard setbacks less than those required for the specific district.

(1)

If a building is to be built on a parcel of land within 100 feet of existing buildings on both sides, the minimum front yard shall be the mean setbacks of the adjacent buildings.

(2)

If a building is to be built on a parcel of land within 100 feet of an existing building on one side only, the minimum front yard shall be the setback of the adjacent building.

(3)

If a building is to be built on a parcel of land not within 100 feet of an existing building on either side, then the minimum front yard shall be the mean setback of all existing buildings on the blockface.

(d)

Street yard exceptions in designated office, commercial or industrial areas.

(1)

The city council may, by ordinance, designate selected locations within any GO, LC, CC, GC or LI district in which a minimum front yard or street yard setback different from that of the zoning district may be permitted. The planning board must transmit a recommendation on such designation prior to city council action.

a.

The location represents a grouping of two or more nonresidential uses within which the construction of new buildings meeting the district's street yard requirements would be incompatible with and uncharacteristic of the existing built environment.

b.

At least 50 percent of the total lot area in the location is nonresidential in use.

c.

At least one-half the total street frontage is developed with structures that do not comply with current street yard requirements.

(2)

The boundary of each such designated area shall be shown on the official zoning map.

(e)

Rear yard exceptions for residential uses. When an irregular lot is used for residential purposes, the rear yard may be measured as the average horizontal distance between the building and rear lot line, provided that the minimum setback shall not be less than 60 percent of the rear yard required by the zoning district.

(f)

Double-frontage lots. Residentially zoned (DR-R8 and MH) double-frontage lots on a major street, and with no approved access to that street, may comply with rear 25-foot minimum yard setback requirements along said street. All other double-frontage lots must comply with front yard setbacks from each adjacent street (exhibit 55-782).

(g)

Multiple frontage lots: Multiple frontage lots shall be treated the same as a double frontage lot, with the remaining street yards designated as street side yards (exhibit 55-782).

(h)

Parabolic antennas.

(1)

Parabolic antennas which are accessory to a primary use and are designed to receive radio or television signals from satellites shall not be located within any street yard of the primary use.

(2)

Such antennas shall be located no less than 15 feet from the property line of an adjacent property within a residential zoning district.

(i)

Corner lots.

(1)

In residential districts when corner lots are used for residential purposes, irrespective of which way the dwelling faces, one street yard shall comply with the front yard setback requirements of the district; and the other street yard shall comply with the street side yard setback requirements. The interior yard opposite the front yard shall be the rear yard and the interior yard opposite the street side yard shall be a side yard.

(Code 1980, § 55-782; Ord. No. 33100, § 3, 11-2-93; Ord. No. 33663, § 1, 10-24-95; Ord. No. 38726, § 1, 5-11-10; Ord. No. 38769, § 1, 7-20-10; Ord. No. 43400, § 1, 5-2-23)

These provisions allow exceptions to the height limit of any zoning district in certain situations.

(a)

Vertical projections. Chimneys, cooling towers, building mechanical equipment (including the screening), elevator bulkheads, fire towers, grain elevators, nonparabolic receiving antennas, tanks, solariums, steeples, penthouses not exceeding 25 percent of total roof area, flagpoles, stage towers or scenery lofts, and water towers may exceed the height limit of any district by not more than 25 percent.

(b)

Radio towers.

(1)

Radio towers with attached amateur radio antennas, operated by licensed amateur radio operators, may exceed the height limit of any district by not more than 25 percent. This exception does not apply to parabolic antennas, designed to receive signals from satellites. A radio tower with attached amateur radio antenna may exceed the height limit of the district by more than 25 percent up to a maximum total height of 75 feet above the ground, upon receipt of a conditional use permit for the same specifying the height to be permitted; provided that an application for such a conditional use permit shall not proceed unless accompanied by written approvals of 51% of persons owning property within 300 feet of the subject property.

(2)

Radio towers and attached amateur radio antennas shall not be located within any front yard, street side yard, or interior side yard within a residential district.

(c)

Wind energy conservation systems (WECS). Wind energy conservation systems are exempt from the height restrictions of the base district.

(d)

Conditional and special permit uses. The planning board or city council may grant an exception from the height limit for a zoning district for a conditional or special permit use, as part of its approval of that use. The limit or extent of this exception shall be a specific part of the conditional or special use permit.

(e)

Federal Aviation Administration rules. No structure may be built in any zoning district which exceeds the maximum height permitted under the rules of the Federal Aviation Administration. These rules describe the glide angles and operational patterns for any airport whose angles and landing patterns are within the planning jurisdiction of the city.

(Code 1980, § 55-783; Ord. No. 35366, § 1, 10-31-00; Ord. No. 38144, § 1, 6-24-08)

(a)

Purpose.Section 53-11 provides for cluster subdivisions. Cluster subdivisions are intended to allow greater flexibility in design and development of subdivisions in order to produce innovative residential environments, provide for more efficient use of land, protect topographical features, and permit common area and open space. The exceptions provided for in this section apply only to cluster subdivisions. All other sections of this chapter apply to cluster subdivisions, unless an exception is allowed pursuant to this section.

(b)

Site area per unit.

(1)

Unless otherwise provided, the site area per unit for a cluster subdivision as a whole shall be that of the zoning district in which the cluster subdivision is located. For the purpose of computing site area per unit, the area of public streets within the subdivision must be excluded.

(2)

In the AG district, the minimum site area per unit may be reduced to five (5) acres in cluster subdivisions, as set forth in section 55-88(b).

(c)

Perimeter yards.

(1)

Setback from public streets. The required setback from a public street for any structure within the cluster subdivision shall be the applicable front, street side or rear setback for the zoning district.

(2)

Setback from other property lines. The required setback from a property line for any structure within the cluster subdivision, which forms the boundary of the cluster subdivision, shall be the lesser of 20 feet or the street side yard setback, if applicable.

(d)

Area and yards for individual lots.

(1)

Individual cluster lots are exempt from minimum lot area or yard setback regulations set forth in this chapter, unless otherwise provided by for in the regulations for a specific zoning district. A cluster subdivision must be planned and developed as a common development. A minimum separation of six feet and an average often feet shall be established between all residential structures not attached to each other.

(2)

For a single-family (detached) residential use type, any private garage oriented to or facing a private way must be set back a minimum of 10 feet from that private way. For other residential use types, any private garage oriented to or facing a private way may have a reduced setback of zero feet, provided that no element of the structure crosses over the property line.

(e)

Building and impervious coverage; street yard landscaping. Individual cluster lots are exempt from minimum building and impervious coverage and street yard landscaping regulations established for the zoning district. However, the cluster subdivision as a whole, including streets, access ways and other paved surfaces, must comply with the building and impervious surface regulations for its zoning district.

(Code 1980, § 55-784; Ord. No. 38422, § 2, 6-2-09; Ord. No. 43728, § 1, 3-5-24)

Cross reference— Cluster subdivisions, § 53-11.

(a)

Purpose. These provisions are designed to provide incentives for the private development of housing affordable to low- and moderate-income residents and to encourage the integration of such housing into conventional developments. These provisions apply to developments including five or more dwelling units.

(b)

Housing intended for sale to owner-occupants.

(1)

For a development in which residential units are intended for individual sale to owner-occupants, an applicant may reduce the required site area per residential unit by up to 20 percent if he/she certifies that the selling price of a specified percentage of the available units will be no more than 2.25 times the current median income for a family of four established by the United States Department of Housing and Urban Development, kept on file by the planning director.

(2)

The permitted reductions are displayed in table 55-785(1).

TABLE 55-785(1). SITE AREA PER UNIT
REDUCTION FOR OWNER-OCCUPIED
INCLUSIONARY HOUSING DEVELOPMENTS

(c)

Housing intended for rental or for cooperative development.

(1)

For a development in which residential units are intended for rental or for cooperative ownership by tenants, an applicant may reduce the required site area per residential unit by up to 20 percent if he/she certifies that the monthly rental of a specified percentage of the available units will be no greater than Section 8 Fair Market Rents or any comparable official standard established by the U.S. Department of Housing and Urban Development for units of a corresponding size for a period of not less than five years. The current standard shall be on file with the planning director.

(2)

The permitted reductions are displayed in table 55-785(2).

TABLE 55-785(2). SITE AREA PER UNIT REDUCTION FOR RENTAL OR COOPERATIVE INCLUSIONARY HOUSING DEVELOPMENTS

(d)

Site plan review. Each inclusionary housing development is subject to site plan review, as provided by section 55-882 of this chapter.

(e)

Evaluation. The planning director shall prepare an annual report to the mayor, detailing the progress of development under this section.

(Code 1980, § 55-785)

(a)

Location restriction. Unless otherwise provided by the chapter or other sections of this Code, no fence shall be built on any lot or tract outside the surveyed lot lines.

(b)

Required openings. Unless otherwise provided by this chapter or other sections of the Code, any fence built on a residential property within required front or street side yards shall contain openings constituting no less than 50 percent of the surface area of the fence.

(c)

Sight obstruction. No solid fence permitted or required by this chapter or other sections of this Code shall be built within a triangle formed by the adjacent side lines of two intersecting streets and a line connecting points 30 feet on each leg from their point of intersection.

(d)

Finished surfaces. The finished surfaces of any fence shall face toward adjacent properties and street frontages.

(e)

Residential fences. Fences constructed within residential districts or on land used for residential purposes are subject to the following special provisions.

(1)

Height. The maximum height of a fence within a required front yard setback shall be four feet. The maximum height for any fence outside of a required front yard shall be six feet.

(2)

Exception to openness requirement. Fences built on residential property outside of required front or street side yards may exceed of 50 percent closed construction.

(3)

Exceptions for fences in front yard of double frontage lot. A fence built within a required front yard of a double-frontage lot may be a maximum of six feet in height and may exceed 50 percent closed construction if such lot fronts a minor or major arterial street, expressway or freeway, and if such frontage does not provide primary access to the property.

(f)

Office, commercial and industrial fences. Fences constructed within office, commercial and industrial districts are subject to the following special provisions:

(1)

Office and limited commercial districts. The maximum height of a fence in the LO limited office district, GO general office district, and LC limited commercial district may not exceed six feet.

(2)

Commercial and industrial districts. The maximum height of a fence within a required front yard or street side yard setback shall be six feet. The maximum height for any fence outside of a required front yard shall be ten feet. These regulations may be modified by the planning director within landscaped bufferyards.

(3)

Fences located within or at the exterior boundary of a required bufferyard shall contain openings constituting no less than 50 percent of the surface area of the fence. Solid fencing or screening, where required, must be located at the interior boundary of a required bufferyard.

(g)

Appeals. Denial, revocations, or cancellations of a building permit based on the provisions of this section may be appealed to the zoning board of appeals, as set forth in section 55-888.

(Code 1980, § 55-786; Ord. No. 37976, § 2, 1-29-08; Ord. No. 43728, § 1, 3-5-24)

Cross reference— Private use of public property, § 34-141 et seq.; building regulations pertaining to fences, § 43-171 et seq.

Storm shelters shall be required in accordance with chapter 43—building, of this Code.

(Code 1980, § 55-787; Ord. No. 42341, § 11, 10-27-20)

(a)

In addition to the provisions of sections 55-651 through and including 55-660 of this Code, no person shall be granted a permit for the construction of any structure, exclusive [of] bank stabilization structures, poles, sign structures, adjacent to any creek or stream, unless such structure is located so that no portion thereof is any closer to the stream than will allow a maximum three-to-one slope plus 20 feet between the water's edge of the stream shall be that point constituting the edge of the water during normal flow conditions.

(b)

A property shall be exempt from the provisions of subsection (a) hereof upon a showing by a registered professional engineer that adequate bank stabilization structures or slope protection will be installed in the construction of said structure, having an estimated useful life equal to that of the structure, which will provide adequate erosion control conditions coupled with adequate lateral support so that no portion of said structure adjacent to the stream will be endangered by erosion or lack of lateral support. In the event that the structure is adjacent to any stream which has been channelized or otherwise improved by any agency of government, then such certification providing an exception to subsection (a) above may take the form of a certification as to the adequacy and protection of the improvements installed by such governmental agency.

(Code 1980, § 55-788; Ord. No. 34346, § 1, 10-21-97)