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Palmer City Zoning Code

Division 5

General Compliance with District Regulations

§ 9.03.121 Compliance with district regulations.

The regulations established by this article within each district shall be minimum regulations and shall apply uniformly to each class and kind of structure or land, and in accordance with the following sections.
(Ordinance 999, art. 12-5, adopted 1/18/11)

§ 9.03.122 Conformity with district required.

No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, repaired, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(Ordinance 999, sec. 12-5-1, adopted 1/18/11)

§ 9.03.123 Height, lot coverage, and location of accessory buildings.

(a) 
No building or other structure shall hereafter be erected or altered to exceed the height or to occupy a greater percentage of lot area [than permitted in the district] in which it is located.
(b) 
The location of any accessory building on any lot or tract shall be restricted and regulated as follows:
(1) 
Not in the front yard.
(2) 
Not in the side yard.
(3) 
From the rear building line to the to the rear property line, there will be no setback requirement.
(Ordinance 999, sec. 12-5-2, adopted 1/18/11; Ordinance 1077 adopted 12/17/15)

§ 9.03.124 Height and area exceptions.

The regulations contained herein relating to the height of buildings or structures and the size of yards and other open spaces shall be subject to the following exceptions:
(1) 
Churches, schools and other public and quasi-public buildings may be erected to a height not exceeding sixty feet (60') or five (5) stories, provided the front, side and rear yards required in the district in which such a building or structure is to be located are each increased at least one foot (1') for each foot of additional height above the height otherwise established for the district in which such building is structure is to be located.
(2) 
Chimneys, cooling towers, church steeples or spires, tanks, water towers, television antennas, microwave radio relay or broadcasting towers, masts or aerials and necessary mechanical appurtenances are hereby excepted from the height regulations as established herein.
(3) 
When a lot has an area less than the minimum number of square feet as required for the district in which it is located, and was of record as such at the time of the passage of this article, such lot may be continued to be occupied by one (1) family.
(Ordinance 999, sec. 12-5-3, adopted 1/18/11)

§ 9.03.125 Yards to conform to district regulations.

No building or other structure shall have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required or in any other manner be contrary to the provisions of these regulations unless existing at the time of passage of this article in which case they shall not be further reduced.
(Ordinance 999, sec. 12-5-4, adopted 1/18/11)

§ 9.03.126 No yard or other integral component required for any building shall be counted twice.

No part of a yard of [or] other open space, off-street parking or loading space required about or in connection with any building for the purpose of complying with these regulations shall be included as a part of a yard, open space, off-street parking or loading space similarly required for any other building.
(Ordinance 999, sec. 12-5-5, adopted 1/18/11)

§ 9.03.127 Visibility at intersections required.

On a corner lot, nothing shall be erected, placed or planted, or allowed to grow in such a manner as materially to interfere with traffic visibility across the corner. This visibility area shall be a triangle measured twenty feet (20') from the point of right-of-way line intersection. All objects on the ground in said triangle should not exceed two and one-half feet (2-1/2') in height and vegetation should not droop to less than ten feet (10') from the ground.
(Ordinance 999, sec. 12-5-6, adopted 1/18/11)

§ 9.03.128 Exterior wall standards generally.

(a) 
The minimum exterior wall standards for all residential, commercial and industrial buildings shall be of fire-resistant construction, generally constructed with stone, stone veneer, brick veneer or stucco in accordance with the city’s building codes, unless otherwise provided for herein. The minimum exterior wall standards for churches, schools or public buildings shall be determined by the zoning district in which they are located. In computing the exterior wall area, the perimeter of the structure or building including the attached garage, if any, should be multiplied by the vertical measurements from the foundation to the top plate line. Passageway doors and window areas shall be considered as being included in the masonry portion of the construction, however, garage doors shall not. This requirement shall only apply to the first story of any residential building or structure.
(b) 
In commercial zoned areas or industrial parks, the exterior walls of buildings or structures may also be of concrete structural tilt walls, painted, integrally colored or with exposed aggregate surfaces or a combination of both; brick veneer; or integrally colored concrete block with wood, metal or concrete block backing.
(c) 
Metal-clad buildings and exposed painted or unpainted concrete block exterior walls will not be permitted in any zoning district, except in an industrial zoned district, unless a variance is granted.
(d) 
Exceptions may be granted from the minimum exterior wall requirements by the city council when a unique or architecturally significant construction design is proposed for any residential building or structure, i.e., Victorian or gingerbread style homes constructed of wood. However, such exceptions shall only be granted for single-family homes. Additionally, an accessory building located in a residential district and for a purpose customarily incidental to the main dwelling will also be exempt from the minimum exterior wall requirements provided such building is detached and less than 401 square feet in area. Examples of accessory buildings exempt from these minimum exterior wall requirements include carports, storage sheds and buildings, greenhouses, children’s playhouses, and home workshops. No accessory building exempted herein shall involve the conduct of any business.
(e) 
Notwithstanding the provisions of this section and other provisions of this article, a temporary permit issued by the city council shall be required to locate a “metal shipping container” in any residential area of the city, and in any newly annexed area during the period of time the annexed property remains temporarily classified as an (AG) Agricultural zoning district.
(Ordinance 999, sec. 12-5-7, adopted 1/18/11; Ordinance 1031, sec. 1, adopted 8/21/12; Ordinance 1038 adopted 2/19/13)

§ 9.03.129 Landscaping requirements for shopping centers, businesses and industrial projects.

(a) 
In all new shopping centers, commercial businesses and industrial projects, not less than five percent (5%) of the gross land area shall be provided as permanent landscaped open space. Such permanent landscaped open space shall be maintained in lawn or a previous [pervious] decorative surface containing trees, shrubs or flowers, and such area shall be exclusive of building or storage areas, driveways, parking areas and other impervious or covered surfaces except pedestrian walkways, decorative fountains or sculpture. Such landscape shall include a minimum 10 foot wide landscape buffer adjacent to all street rights-of-way. The use of shade tree planters and landscaped medians, islands or peninsulas in paved parking areas may be considered as contributing to meeting the required landscaped open space herein required. Such required landscaping shall be in place prior to the issuance of a certificate of occupancy.
(b) 
The owners, tenant, and their respective agents, if any, shall jointly and severally be responsible for the maintenance of all landscaping. This shall include, but not be limited to, pruning, fertilizing, watering, mowing, weeding, and other such activities necessary to the proper maintenance of landscaping. No grass, plant, shrubs, or trees shall be allowed to encroach on rights-of-way and easements to the extent that motorists’ vision or vehicular traffic is impeded. Landscaped areas shall be kept free of trash, litter, weeds and other such matter that are not considered as part of the landscaping. All grass, plants, shrubs, and trees shall be maintained in a healthy growing condition as is appropriate for the season of the year and any grass, plants, shrubs, or trees which die shall be replaced.
(c) 
Additionally, automatic irrigation facilities or conveniently placed water hydrants for watering landscaped areas shall be required and in place at time of planting and prior to the issuance of a certificate of occupancy.
(Ordinance 999, sec. 12-5-8, adopted 1/18/11)

§ 9.03.130 Television satellite dishes.

(a) 
One (1) television satellite dish per occupancy in single-family residential districts and one (1) per apartment complex or mobile home park shall be permitted as a use incidental to a permitted use, under the following conditions:
(1) 
Dish shall not exceed ten and one-half feet (10-1/2') in diameter.
(2) 
Dish shall not be erected in front of the main building or the front building line.
(3) 
The overall height of the dish, at any position, shall not exceed twelve and one-half feet.
(4) 
Dish shall not be erected closer than five feet from the rear property line or side property line.
(5) 
A screening fence, wall or hedge shall be erected, grown and maintained around the dish, wherever installed, unless a six foot (6') back-yard fence or wall around the perimeter of the back yard is already in place.
(6) 
Rooftop installations of dishes are prohibited.
(7) 
No lettering, logo or any form of advertising or other writing shall appear on the face or back of such satellite dishes, except the name of the manufacturer, distributor or seller of such dish, and provided the lettering does not exceed two inches (2") in height.
(b) 
One (1) television satellite dish per occupancy in all nonresidential districts shall be permitted as a use incidental to a permitted use, under the following conditions:
(1) 
Dish shall not be erected in front of the main building or the front building line;
(2) 
When the occupancy is adjacent to a residential district, the overall height of the dish, at any position, shall not exceed more than ten feet (10') in height when located closer than twenty-five feet (25') to a residential district; twenty feet (20') in height when located closer than fifty feet (50'); fifty feet; [sic] 30' in height when located closer than one hundred feet (100'); forty feet (40') in height when located closer than one hundred fifty feet (150'); sixty feet (60') in height when located closer than two hundred feet (200'); or seventy feet (70') in height when located closer than two hundred fifty feet (250');
(3) 
Dish shall not be erected closer than five feet (5') from the rear property line or side property line; and
(4) 
No lettering, logo or any form of advertising or other writing shall appear on the face or back of such satellite dishes, except the name of the manufacturer, distributor or seller of such dish, and provided the lettering does not exceed two inches (2") in height.
(Ordinance 999, sec. 12-5-9, adopted 1/18/11)

§ 9.03.131 Schedule of district regulations.

Table 1. Schedule of District Regulations
 
AG
R-1
R-2
R-3
R-4
R-5
MF
MH
C-1
C-2
I
Lot area (square feet)
1 acre
15,000
12,000
10,000
9,000
9,000
(a)
(b)
3,000
3,000
N/A
Lot width recommended
N/A
100
100
100
90
90
75
40*/100**
25
25
N/A
Lot depth recommended
N/A
150
120
100
100
100
120
75*/100*
120
120
N/A
Front yard setback
25
25
25
25
25
20
25
20*/25*
N/A
25
25
Rear yard setback
25
25
25
25
25
20
15
15*/25**
(c)
(c)
(c)
Side yard setback (interior lot)
25
15
15
15
10
10
7.5
15
(c)
(c)
(c)
Side yard setback (corner lot)
15
15
15
15
15
15
15
7.5
15
15
15
Maximum height (stories)
3% [sic]
2.5
2.5
2.5
2.5
2.5
3
1.5
3
3
2
Maximum lot coverage
40%
40%
40%
40%
40%
40%
50%
50%
N/A
N/A
50%
Minimum live [living] area square footage (excludes garages)
1,000
2,000
1,800
1,400
1,200
1,000
(e)
450
N/A
N/A
N/A
Editor’s note—Ordinance 1020, which established the RD Two-Family Residential Duplex District and eliminated the MH Mobile Home District, amended Table 1 as follows: “Table 1 is hereby amended to change the column heading from MF to RD and the column heading MH to MF having the same table listing as the new RD.” These changes were not incorporated in the table as set out in Ordinance 1171 and subsequently in Ordinance 1188. The table is included as set out in Ordinance 1188.
(a) 
The minimum lot area for two-family dwellings (or duplexes) and multi-family dwellings shall be no less than 9,000 square feet for each dwelling building or dwelling group. For each dwelling unit over three (3) in number and [an] additional 1,000 square feet of lot area shall be required. A maximum of sixteen (16) units may be constructed per acre.
(b) 
For HUD-code manufactured homes which are individually owned, the minimum size lot area shall be 12,000 square feet when a public sewer system serves the lot or 20,000 square feet where no public sewer is available and septic tanks are used for disposal.
For HUD-code manufactured home parks, the minimum lot area shall be at least three times larger than the HUD-code manufactured home to be placed thereon and in no event less than 3,000 square feet in and [an] area where a public sewer system serves the park. Where no public sewer is available and septic tanks are used for sewage disposal, the minimum lot area shall be 20,000 square feet per HUD-code manufactured home lot or space.
(c) 
None required, except where a nonresidential use abuts a residential lot or district. The requirement shall be the same as the adjoining residential zone.
(d) 
When no public sewer system serves the lot or development and a septic tank system issued for sewage disposal, the maximum lot coverage shall be 35%.
(e) 
The minimum living area per unit shall be 500 square feet for and [an] efficiency, 650 square feet for one bedroom, 800 square feet for two bedrooms, and 900 for three bedrooms. However, the average living area for all units in a building group must be a minimum of 800 square feet.
(Ordinance 999, sec. 12-5-10, adopted 1/18/11; Ordinance 1020, sec. 4, adopted 4/17/12; Ordinance 1171, sec. 1, adopted 4/20/21; Ordinance 1188, sec. 1, adopted 1/18/22)

§ 9.03.132 Regulation of shipping containers.

(a) 
Shipping containers shall be permitted under the following conditions:
(1) 
Area regulations.
Shipping containers shall be prohibited:
(A) 
In any front yard area between the front of the main building and the front lot line.
(B) 
In any side yard area, between the side of the main building and the side lot line.
(C) 
Within fifteen feet (15') of the main building.
(2) 
Zoning districts.
Shipping containers shall be allowed in any zoning district, residential or nonresidential.
(3) 
Setback.
Shipping containers shall have a setback 7.5 feet off the rear property line.
(4) 
Maximum number.
No more than one (1) shipping container shall be permitted on a single lot.
(5) 
Appearance.
No lettering, logo, or any form of advertising or other writing shall appear on the exterior of the shipping container. The shipping container shall be one solid color of earth-toned shades and non-reflective.
(6) 
Condition.
Shipping containers shall be secure, structurally sound, stable, and in good repair.
(7) 
Use restrictions.
Shipping containers shall not be used for human habitation.
(8) 
Permit required.
It shall be prohibited to place a shipping container on any lot unless the property owner first obtains a permit from the city secretary, or their designee.
(Ordinance 1169, sec. 1(B), adopted 4/20/21)