Palmview City Zoning Code
SPECIFIC REGULATIONS
§ 156.085 LANDSCAPING AND BUFFERING.
(A) (1) Any property to be used for commercial and/or industrial use having exterior services and/or storage shall be buffered from any adjacent residentially used property or those residential properties separated by a public alley.
(2) Buffers shall be at a minimum height of six feet; however, if warranted due to circumstances that may be unique to the site and neighboring properties, an eight-foot buffer may be imposed to assure privacy and meet the intent of this regulation.
(B) This provision, however, shall not apply to the specific area of gasoline service islands. If such is proposed, the buffer may be installed at the property’s side and rear boundary lines, as necessary to obscure residential properties.
(C) Exterior service and/or storage sites shall be buffered by the owner or operator prior to the city permitting occupancy of the structure.
(D) Any ordinances concerning site obstructions of intersections shall be applicable to any buffer (i.e., the buffer may need to be “clipped” to maximize visibility).
(E) Prior to construction of a buffer, complete plans showing the type of material, depth of beam and structural support shall be submitted to the city for approval.
(Ord. 2016-07, passed 8-9-2016) Penalty, see § 156.999
§ 156.086 COMMERCIAL AND INDUSTRIAL AREA REQUIREMENTS.
(A) The limitations on setbacks, area requirements and height restrictions are intended to control all areas zoned and platted for commercial and industrial uses after the adoption of this chapter. Where lots are existing and partially developed, the setbacks for vacant lots shall continue to be the norm established by those commercial/industrial lots already developed; thus assuring a more consistent and uniform overall development.
(B) The following setback and height requirements shall be hereafter imposed for commercial and industrial developments.
(1) A minimum ten-foot side yard setback shall be required on corner lots, unless a higher setback is warranted by plat note.
(2) The minimum width of a building site shall be 25 feet of frontage.
(3) The minimum front yard building setback shall equal to one-fourth (25%) of the street right-of-way width which the lot faces or in line with the majority setback of existing structures in the block face, whichever appears to be more conducive to a uniform ambience. In the C-1 District, the front setback shall be one foot back of street right-of-way line for each two feet of height or as specified above.
(4) Side yard setbacks from all lot lines shall be one foot back for each two feet in height including corner lots, except a building may be built to a lot line when not adjacent to a residential zone and where a fire-resistant wall meeting the Building Code requirements is provided.
(5) Rear yard setbacks shall be a minimum of five feet unless there is a wider easement.
(6) The height of buildings may not exceed the depth of the front yard plus the width of the street right-of-way which it faces.
(7) See § 156.086 of this chapter for exceptions and modifications.
(8) A minimum of 5% of the lot area must be maintained as a permanent landscaped open space.
(Ord. 2016-07, passed 8-9-2016) Penalty, see § 156.999
§ 156.087 EXCEPTIONS AND MODIFICATIONS.
(A) Setbacks.
(1) At the time of submission of any subdivision plat, the city shall have the authority to set forth, accept and/or approve building setback lines that may not necessarily be in accord to § 156.086 of this chapter due to special circumstances.
(2) Where setbacks were (or are) established on a recorded plat, those setbacks shall be enforced as minimum setbacks though they may not be in accord to § 156.086 of this chapter.
(3) The minimum building setback shall be increased to 40 feet when adjacent to a major arterial or higher trafficked street for any residential, commercial, industrial, institutional or other proposed building use.
(B) Front yards.
(1) On lots having double frontage, the required front yard shall be provided on both streets, unless one side is fenced-in and is not accessible form that street. Where such a fenced-in “front” occurs, the normal rear building setback for permanent buildings shall be required unless that subject street is a major thoroughfare or minor arterial street which in such case would not be less than 15 feet.
(2) Front yard setbacks for all uses shall be increased as follows when lots front on streets other than minor residential streets:
(a) Collectors: 30 feet;
(b) Minor arterials: 35 feet; and
(c) Major arterials or major thoroughfares: 40 feet.
(3) A maximum five-foot unenclosed porch/doorway support may be permitted within the setbacks on the above street classifications.
(4) Lots fronting cul-de-sacs shall have a front building setback not less than those in alignment to the majority of the buildings on the same block or set at the following whichever is greater:
(a) R-1 lots: ten feet;
(b) R-4 lots: five feet; and
(c) R-2 lots: ten feet.
(5) Open carport structures for residential properties along designated major thoroughfares may be built within the minimum 40-front setback, but said support columns shall not be less than 20 feet and shall always be unenclosed for which an encumbrance agreement shall be recorded in the county’s Office of Property Records.
(6) If the city denies a permit application for an unenclosed carport, the applicant may appeal said denial to the Zoning Board of Adjustments pursuant to its public hearing and application process.
(C) Side yards.
(1) On a corner lot in all districts, the width of the side yard along the street shall not be less than ten feet; provided that, the buildable width of such a lot shall not be reduced to less than 38 feet. This regulation shall not apply to those lots of record which have existing buildings prior to the date of this chapter. However, should these buildings be removed, destroyed or in any way eliminated from the property, they shall hereafter comply. Corner lots subdivided after the date of this chapter shall be at least four feet wider than the minimum lot size in residential zones and ten feet wider in commercial zones.
(2) No accessory building shall project into the required yard along any street without an awarded variance by the Zoning Board of Adjustments.
(3) Where a lot of record at the time of the effective date of this chapter is less than 50 feet in width and is not zoned R-4, the required side yard may be reduced to 10% of the width of the lot; provided that, no side yard shall be less than three and one-half feet.
(4) Side yard setbacks for all residential uses shall be increased when lots are adjacent to the following street classifications:
(a) Collectors: five feet; and
(b) Minor arterial streets: 20 feet, but may be 15 feet with a solid buffer.
(D) Rear yards.
(1) An accessory building not exceeding 20 feet in height shall not be closer than 12 feet to the main building and no closer than four feet to any rear lot line unless there is a wider rear easement in which case, the building shall be off the easement.
(2) The ordinary projections of sills, eaves and cornices and ornamental features may extend to a distance not to exceed 32 inches into a required yard.
(3) Open or lattice-enclosed fire escapes, outside stairways, balconies, chimneys or similar structures may be permitted within the rear yard setback, but not to exceed a distance of five feet from its main structure.
(E) Lot area per family. Where a lot of record at the time of the effective date of this chapter has less area or width than herein required in the district in which it is located and is not zoned R-4, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nonetheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located, as long as it meets all other setback, parking and the like requirements.
(Ord. 2016-07, passed 8-9-2016) Penalty, see § 156.999
§ 156.088 PORTABLE BUILDINGS.
Portable buildings shall be a permitted use when said buildings shall be used as temporary offices during construction to any type of development.
(Ord. 2016-07, passed 8-9-2016) Penalty, see § 156.999
§ 156.089 OBSCENE MATERIALS AND SEXUAL ACTIVITIES
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MEASUREMENTS. For the purpose of this section, shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises of an adult commercial establishment to the nearest property line of a church, public school, private school, city-owned real property or a district restricted to residential use under this chapter.
OFFENSIVE. The work in which the representations appear, taken as a whole, appeals to the prurient interest and patently depicts or portrays the prohibited sexually explicit material in a manner which, taken as a whole, lacks serious literary, artistic, political or scientific value.
PERSONS. Any individual, agent, consultant, partnership, association or corporation.
PRIVATE SCHOOL. Any campus, grounds or building of an institution for the teaching or instruction of children between the ages of three years to 12 years of age, said institution being a non- profit school owned, controlled, operated and conducted by a bona fide religious, denominational or a similar institution or governed by a foundation, exempt from property taxation under the laws of the state.
PUBLIC SCHOOL. Any campus, grounds or buildings or an institution for teaching or instruction which is a part of the local school districts created under the laws of the state situated wholly or partly within the city limits.
SEXUAL ACTIVITIES. The act of human or animal sexual stimulation, oral intercourse, anal intercourse, human-animal sexual stimulation, homosexual acts, direct physical stimulation or touching of clothed or unclothed human genitals, buttocks or female breasts; or torture by or upon a person in the context of sexual stimulation which is conducted at any place that regardless if said establishment has an alcoholic beverage permit or not.
SEXUALLY-EXPLICIT MATERIAL. Any pictorial or written material depicting human sexual intercourse, human masturbation, animal bestiality, oral intercourse, anal intercourse, human-animal sexual stimulation acts, homosexual acts, direct physical stimulation or touching of clothed or unclothed human genitals, buttocks or female breasts, or female flagellation or torture by or upon a person in the content of sexual stimulation. The material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this chapter. Legitimate works of art or of anthropological significance are not included within the definitions of this chapter.
(B) Display or sale of offensive, sexually explicit materials. No person shall distribute or sell any sexually explicit material to any other person within 1,300 feet of a church, private or public school, any city-owned real property, or within 1,000 feet of the outside boundaries of any residential zoning district.
(C) Display of sexual activities. No sexual activities shall be engaged in or displayed within 1,300 feet of a church, private or public school, any city-owned real property or within 1,000 feet of any residential zoning district.
(D) Display of human genital areas, buttocks and the like. No one shall display their genital areas, or human buttocks, or female breasts to public view for a fee or the entertainment at any commercial establishment within 1,300 feet of a church, private or public school, or any city owned real property, or within 1,000 feet of any residential zoning district.
(E) Offensive material in places frequented by persons under 17 years of age. No person shall exhibit or display sexually explicit material, as defined herein, in any place frequented by persons 17 years of age or younger.
(F) Display of human genital areas, buttocks, female breasts and the like. In commercial establishments frequented by persons under 17 years of age, no one shall display his or her human genital areas, buttocks or female breasts, to public view for a fee or the entertainment at any commercial establishment frequented by persons 17 years of age or younger.
(G) Permits, conditional use permits, licenses not to be granted to persons in violation of this section. No permit or conditional use permit, or other license shall be granted by the city to anyone in violation of this chapter. Any permit, conditional use permit or license granted by the city shall be terminated and voided upon the determination that such party is in violation of this chapter by any court, whether it is a record court or not. In the event of an appeal of such determination, this provision will be suspended only upon the posting of a $25,000 surety bond with the City Secretary conditioned upon a final determination that such person was not in violation of this chapter.
(Ord. 2016-07, passed 8-9-2016) Penalty, see § 156.999