SCHEDULE OF REGULATIONS
(Ord. No. 732, § 2, 2-18-2013; Ord. No. 748, § 1, 6-16-2014; Ord. No. 751, § 2, 8-3-2015; Ord. No. 783, § 6, 12-6-2021; Ord. No. 784, §§ 1, 2, 2-7-2022)
(a)
See section 1601, Averaged Lot Size, and section 1602, Subdivision Open Space Plan, regarding flexibility allowances.
(b)
The minimum front-yard setback is the average of the front-yard setbacks of any three adjacent houses on the same block face, or 25 feet, whichever is less.
(c)
The minimum corner front-yard setback is the average of the front-yard setbacks of any three adjacent houses on the same block face, or 25 feet, whichever is less.
(d)
In the R-3 Single-Family District, two-family dwellings may be permitted subject to the following additional requirements:
(1)
The lot area is at least 6,500 square feet.
(2)
A parking plan is submitted to the planning commission indicating unobstructed access to a public way for each vehicle.
(e)
In the RM-1 Multiple-Family Districts, multiple-family dwellings shall be located on a lot area of not less than 8,000 square feet. The following minimum lot sizes shall be provided for every dwelling unit beyond the first unit whose land area need is 8,000 square feet:
* A den or extra room shall count the same as a bedroom in multiple dwellings.
In the RM-2 Multiple-Family Districts, multiple-family dwellings shall be located on a lot area of not less than 5,000 square feet. The following minimum lot sizes shall be provided for every dwelling unit beyond the first unit whose land area need is 5,000 square feet:
* A den or extra room shall count the same as a bedroom in multiple dwellings.
(f)
There shall be a minimum setback of 30 feet to any exterior property line.
Where a side yard abuts a street, the width of the side yard shall not be less than 25 feet.
Where buildings stand front-to-front or front-to-rear, there shall be a minimum distance between buildings of not less than 70 feet; where buildings stand side-to-side, not less than 20 feet.
(g)
Parking may be permitted in all yard areas after approval of the parking plan layout by the planning commission.
(h)
No side yards shall be required along interior side lot lines; provided, however, that all applicable provisions of building codes in effect are satisfied.
On a corner lot which borders on a residential district, a minimum side yard setback equal to the front yard setback of the adjacent residential district shall be provided. Any other side yard abutting a residential district shall be at least equal to the height of the structure.
(i)
The minimum front and rear yard setbacks shall be increased one foot for every one foot of height above 20 feet of the principal structure.
(j)
No building shall be located closer than 50 feet to the outer perimeter (property line) of such district when said property line abuts any residential district.
(k)
All storage shall be in the rear yard and shall be completely screened with an obscuring masonry wall, not less than six feet in height; or with a chain link fence and a greenbelt planting so as to obscure all view from any adjacent residential office, or business district, or from a public street.
(l)
Off-street parking for visitors, over and above the number of spaces required under section 1704, may be permitted within the required front yard.
(m)
For industrial uses in this district, the front yard setback shall be increased to 30 feet.
(n)
The planning commission may increase the rear yard requirements up to twice this minimum where the commission finds it is necessary to protect a less intensive use abutting the rear of the property or to protect the on-site use from a more intensive abutting use.
(o)
A minimum lot width of 100 feet shall only apply to the following high impact land uses:
(1)
Industrial buildings exceeding 5,000 square feet in area; or
(2)
Commercial establishments with drive-through operations or stacking needs, such as restaurants, car washes, open-front stores, banks, or service stations; or
(3)
Commercial establishments having open air retail display.
(p)
In the B2 Central Business District, buildings shall be placed at the lot line along street-facing walls (zero lot line minimum and maximum). There is a five-foot exception only as noted in section 902(1)(a).
(q)
In the B-2A Transitional Business and B-2B Mixed Use Districts, the maximum front-yard setback is the average of the front setbacks of the buildings on adjacent lots or 15 feet, whichever is less.
(Ord. No. 615, 10-17-1988; Ord. No. 643, § 4, 11-15-1993; Ord. No. 686, § 1, 7-23-2003; Ord. No. 732, § 2, 2-18-2013; Ord. No. 748, § 2, 6-16-2014; Ord. No. 751, § 3, 8-3-2015; Ord. No. 759, § 4, 2-19-2018)
1.
The intent of this section is to permit the subdivider or developer to vary his lot sizes and lot widths so as to average the minimum size of lot per unit as required in article XVI Schedule of Regulations, for each one-family residential district. If this option is selected, the following conditions shall be met:
a.
In meeting the average minimum lot size, the subdivision shall be so designed as not to create lots having an area or width greater than ten percent below that area or width required in the Schedule of Regulations, and shall not create an attendant increase in the number of lots.
b.
Each final plat submitted as part of a preliminary plat shall average the minimum required for the district in which it is located.
c.
All computations showing lot area and the average resulting through this technique shall be indicated on the print of the preliminary plat.
Intent: The intent of the subdivision open space plan is to promote the following objectives:
Provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural assets.
Encourage developers to use a more creative approach in the development of residential areas.
Encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in development costs and by allowing the developer to by-pass natural obstacles on the site.
Encourage the provision of open space within reasonable distance to all lot development of the subdivision and to further encourage the development of recreational facilities.
1.
Modifications to the standards as outlined in article XVI, Schedule of Regulations, may be made in the one-family residential districts when the following conditions are met:
a.
The lot area in all one-family residential districts, which are served by a public sanitary sewer system, may be reduced up to 20 percent. In the R-1 District, this reduction may be accomplished in part by reducing lot widths up to ten feet. In the R-2 district, this reduction may be accomplished in part by reducing lot widths up to five feet. These lot area reductions shall be permitted, provided that the dwelling unit density shall be no greater than if the land area to be subdivided were developed in the minimum square foot lot areas as required for each one-family district under article XVI Schedule of Regulations. All calculations shall be predicated upon the one-family districts having the following gross densities including roads:
b.
Rear yards may be reduced to 30 feet when such lots border on land dedicated for park, recreation, and/or open space purposes, provided that the width of said dedicated land shall not be less than 100 feet measured at the point at which it abuts the rear yard of the adjacent lot.
c.
Under the provisions of item (a) above of this section, for each square foot of land gained within a residential subdivision through the reduction of lot size below the minimum requirements as outlined in the Schedule of Regulations, at least equal amounts of land shall be dedicated to the common use of the lot owners of the subdivision or to the city in a manner approved by the city.
d.
The area to be dedicated for subdivision open space purposes shall in no instance be less than four acres and shall be in a location and shape approved by the planning commission.
e.
The land area necessary to meet the minimum requirements of this section shall not include bodies of water, swamps or land with excessive grades making it unsuitable for recreation. All land dedicated shall be so graded and developed as to have natural drainage. The entire area may, however, be located in a flood plain.
f.
This plan, for reduced lot sizes, shall be permitted only if it is mutually agreeable to the city council and the subdivider or developer.
g.
Under this open space approach, the developer or subdivider shall dedicate the total park area (see item (a) above) at the time of filing of the final plat on all or any portion of the plat.
SCHEDULE OF REGULATIONS
(Ord. No. 732, § 2, 2-18-2013; Ord. No. 748, § 1, 6-16-2014; Ord. No. 751, § 2, 8-3-2015; Ord. No. 783, § 6, 12-6-2021; Ord. No. 784, §§ 1, 2, 2-7-2022)
(a)
See section 1601, Averaged Lot Size, and section 1602, Subdivision Open Space Plan, regarding flexibility allowances.
(b)
The minimum front-yard setback is the average of the front-yard setbacks of any three adjacent houses on the same block face, or 25 feet, whichever is less.
(c)
The minimum corner front-yard setback is the average of the front-yard setbacks of any three adjacent houses on the same block face, or 25 feet, whichever is less.
(d)
In the R-3 Single-Family District, two-family dwellings may be permitted subject to the following additional requirements:
(1)
The lot area is at least 6,500 square feet.
(2)
A parking plan is submitted to the planning commission indicating unobstructed access to a public way for each vehicle.
(e)
In the RM-1 Multiple-Family Districts, multiple-family dwellings shall be located on a lot area of not less than 8,000 square feet. The following minimum lot sizes shall be provided for every dwelling unit beyond the first unit whose land area need is 8,000 square feet:
* A den or extra room shall count the same as a bedroom in multiple dwellings.
In the RM-2 Multiple-Family Districts, multiple-family dwellings shall be located on a lot area of not less than 5,000 square feet. The following minimum lot sizes shall be provided for every dwelling unit beyond the first unit whose land area need is 5,000 square feet:
* A den or extra room shall count the same as a bedroom in multiple dwellings.
(f)
There shall be a minimum setback of 30 feet to any exterior property line.
Where a side yard abuts a street, the width of the side yard shall not be less than 25 feet.
Where buildings stand front-to-front or front-to-rear, there shall be a minimum distance between buildings of not less than 70 feet; where buildings stand side-to-side, not less than 20 feet.
(g)
Parking may be permitted in all yard areas after approval of the parking plan layout by the planning commission.
(h)
No side yards shall be required along interior side lot lines; provided, however, that all applicable provisions of building codes in effect are satisfied.
On a corner lot which borders on a residential district, a minimum side yard setback equal to the front yard setback of the adjacent residential district shall be provided. Any other side yard abutting a residential district shall be at least equal to the height of the structure.
(i)
The minimum front and rear yard setbacks shall be increased one foot for every one foot of height above 20 feet of the principal structure.
(j)
No building shall be located closer than 50 feet to the outer perimeter (property line) of such district when said property line abuts any residential district.
(k)
All storage shall be in the rear yard and shall be completely screened with an obscuring masonry wall, not less than six feet in height; or with a chain link fence and a greenbelt planting so as to obscure all view from any adjacent residential office, or business district, or from a public street.
(l)
Off-street parking for visitors, over and above the number of spaces required under section 1704, may be permitted within the required front yard.
(m)
For industrial uses in this district, the front yard setback shall be increased to 30 feet.
(n)
The planning commission may increase the rear yard requirements up to twice this minimum where the commission finds it is necessary to protect a less intensive use abutting the rear of the property or to protect the on-site use from a more intensive abutting use.
(o)
A minimum lot width of 100 feet shall only apply to the following high impact land uses:
(1)
Industrial buildings exceeding 5,000 square feet in area; or
(2)
Commercial establishments with drive-through operations or stacking needs, such as restaurants, car washes, open-front stores, banks, or service stations; or
(3)
Commercial establishments having open air retail display.
(p)
In the B2 Central Business District, buildings shall be placed at the lot line along street-facing walls (zero lot line minimum and maximum). There is a five-foot exception only as noted in section 902(1)(a).
(q)
In the B-2A Transitional Business and B-2B Mixed Use Districts, the maximum front-yard setback is the average of the front setbacks of the buildings on adjacent lots or 15 feet, whichever is less.
(Ord. No. 615, 10-17-1988; Ord. No. 643, § 4, 11-15-1993; Ord. No. 686, § 1, 7-23-2003; Ord. No. 732, § 2, 2-18-2013; Ord. No. 748, § 2, 6-16-2014; Ord. No. 751, § 3, 8-3-2015; Ord. No. 759, § 4, 2-19-2018)
1.
The intent of this section is to permit the subdivider or developer to vary his lot sizes and lot widths so as to average the minimum size of lot per unit as required in article XVI Schedule of Regulations, for each one-family residential district. If this option is selected, the following conditions shall be met:
a.
In meeting the average minimum lot size, the subdivision shall be so designed as not to create lots having an area or width greater than ten percent below that area or width required in the Schedule of Regulations, and shall not create an attendant increase in the number of lots.
b.
Each final plat submitted as part of a preliminary plat shall average the minimum required for the district in which it is located.
c.
All computations showing lot area and the average resulting through this technique shall be indicated on the print of the preliminary plat.
Intent: The intent of the subdivision open space plan is to promote the following objectives:
Provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural assets.
Encourage developers to use a more creative approach in the development of residential areas.
Encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in development costs and by allowing the developer to by-pass natural obstacles on the site.
Encourage the provision of open space within reasonable distance to all lot development of the subdivision and to further encourage the development of recreational facilities.
1.
Modifications to the standards as outlined in article XVI, Schedule of Regulations, may be made in the one-family residential districts when the following conditions are met:
a.
The lot area in all one-family residential districts, which are served by a public sanitary sewer system, may be reduced up to 20 percent. In the R-1 District, this reduction may be accomplished in part by reducing lot widths up to ten feet. In the R-2 district, this reduction may be accomplished in part by reducing lot widths up to five feet. These lot area reductions shall be permitted, provided that the dwelling unit density shall be no greater than if the land area to be subdivided were developed in the minimum square foot lot areas as required for each one-family district under article XVI Schedule of Regulations. All calculations shall be predicated upon the one-family districts having the following gross densities including roads:
b.
Rear yards may be reduced to 30 feet when such lots border on land dedicated for park, recreation, and/or open space purposes, provided that the width of said dedicated land shall not be less than 100 feet measured at the point at which it abuts the rear yard of the adjacent lot.
c.
Under the provisions of item (a) above of this section, for each square foot of land gained within a residential subdivision through the reduction of lot size below the minimum requirements as outlined in the Schedule of Regulations, at least equal amounts of land shall be dedicated to the common use of the lot owners of the subdivision or to the city in a manner approved by the city.
d.
The area to be dedicated for subdivision open space purposes shall in no instance be less than four acres and shall be in a location and shape approved by the planning commission.
e.
The land area necessary to meet the minimum requirements of this section shall not include bodies of water, swamps or land with excessive grades making it unsuitable for recreation. All land dedicated shall be so graded and developed as to have natural drainage. The entire area may, however, be located in a flood plain.
f.
This plan, for reduced lot sizes, shall be permitted only if it is mutually agreeable to the city council and the subdivider or developer.
g.
Under this open space approach, the developer or subdivider shall dedicate the total park area (see item (a) above) at the time of filing of the final plat on all or any portion of the plat.