A.

General:

1.

At the time of submission of any original or amended subdivision plat to the planning and zoning commission for approval, the planning and zoning commission shall have the power and authority to accept and approve any building setback lines projected on said plat or plats, even though said building setback lines may not be in compliance with the requirements set out in the ordinance. Minimum setback lines shall be shown on subdivision plats on all culs-de-sac and irregular shaped lots.

2.

Where setbacks were established by the planning and zoning commission on a plat of record, those setbacks shall be enforced even though not in compliance with the restrictions set forth in this ordinance.

3.

The city commission has the power to pass an ordinance establishing a setback line greater than required in this ordinance where exceptional conditions so require.

4.

Projections into required yard or a court: Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall extend into a court more than six inches nor into a required yard more than 30 inches; and provided existing open porches extending into the required yard shall not be enclosed.

An open fire escape may project into a required side yard not more than half the width of such yard, but not more than four feet from the building. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four feet into a rear yard.

5.

Where an official line has been established for future widening or opening of a street or highway upon which a lot abuts, then the depth or width of a yard shall be measured from such official line to the nearest line of the building.

6.

The building setback line for a canopy shall be not less than two feet from any or all property lines.

7.

The minimum building setback along Interstate Highway 2 and Interstate Highway 69C shall be 50 feet. If the distance between the right-of-way line and property line most nearly parallel to the right-of-way line does not exceed 150 feet at any point for properties abutting Interstate Highway 2 or Interstate Highway 69C, then the minimum setback shall be 35 feet. If the distance between the right-of-way line and the property line most nearly parallel to the right-of-way line does not exceed 100 feet at any point for properties abutting Interstate Highway 2 or Interstate Highway 69C, then the minimum setback shall be 20 feet.

B.

Front yards:

1.

When 50 percent or more of the frontage on one side of a street on any one block is improved with buildings that have a front yard which is greater than the required front yard in the district, no new building shall project beyond the least depth of any such front yard or the front yard setback set by the ordinance, whichever is greater, without a variance from the board of adjustment.

2.

On lots having double frontage, the required front yard shall be provided on both streets.

3.

Filling station pumps and pump islands may be located within a required yard provided they are not less than 13 feet from any property line or 18 feet from the curb, whichever is greater, and not less than 100 feet from any residential district boundary.

C.

Side yards:

1.

No accessory building shall project into the required yard along any street.

2.

A porte-cochere or canopy may project into a required side yard provided every part of such porte-cochere or canopy is unenclosed and not less than five feet from any side lot line.

3.

For the purpose of side yard regulations, a multiple dwelling shall be considered as one building occupying one lot.

4.

Where a lot of record at the time of the effective date of this ordinance is less than 50 feet in width, the required side yard may be reduced to ten percent of the width of the lot, provided that no side yard shall be less than 3½ feet, and that the owner of the lot of record is not the owner of any adjacent lots.

D.

Rear yards:

1.

An accessory building not exceeding 20 feet in height may occupy not more than 30 percent of the rear yard.

2.

Minimum depth of rear setback for carports and canopies, unenclosed: five feet.

(Ord. No. 85-26, § 3, 8-13-85; Ord. No. 89-28, § 1, 9-5-89; Ord. No. 90-07, § 1, 2-6-90; Ord. No. O-98-66, § 1, 12-15-98; Ord. No. O-2021-49, § 1, 9-20-21)

A.

General:

1.

In any district, public or semipublic buildings, such as hospitals, hotels, churches, sanitariums or schools, either public or private, where permitted, may be erected to a height not exceeding 75 feet, provided that such buildings shall have yards which shall be increased one foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

2.

Parapet walls and false mansards shall not extend more than six feet above the height limit. Flagpoles, chimneys, cooling towers, elevator bulkheads, penthouses, finials, gas tanks, grain elevators, stacks, storage towers, radio towers, ornamental towers, monuments, cupolas, domes, spires, standpipes, and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter enacted laws affecting the same.

3.

On through lots 125 feet or less in depth, the height of a building may be measured from the curb level of either street. On through lots of more than 125 feet in depth, the height regulations for the street permitting the greater height shall apply to a depth of not more than 125 feet from that street.

A.

Minimum area per family:

1.

For any building providing jointly for hotel and apartment house uses, the number of families permitted in apartments by the lot area requirements per family shall be reduced in the same proportion as the total floor area devoted to hotel or nonhousekeeping rooms bears to the total floor area devoted to both uses.

2.

For any building used jointly for business and dwelling purposes, or industry and dwelling purposes, the number of families permitted by the lot area requirements per family shall be reduced in the same proportion as the floor area devoted to business or industry bears to the entire floor area of the building, provided that floor area below the first floor of such building shall not be included in any calculation under this provision.

B.

Minimum lot size: The intention of this ordinance is that each lot shall be of sufficient size and dimension and with access to a public right-of-way and utilities for its intended use after complying with the requirements set forth in this and other applicable ordinances and is compatible with those uses around it.

A.

Through lot: A through lot having one end abutting a limited access highway, with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.

B.

Structures to have access: Every building hereafter erected, placed, or moved shall be on a lot with direct access on a public street, or with access to a municipally approved private street. All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required on-site parking.

C.

Obstruction prohibited: No person shall erect, permit or maintain the existence of any wall, fence, or other structure, except utility poles, traffic signs and devices, and street name signs, or plant or permit the growth or other similar growth of plants a height greater than three feet from the street gutter flow line upon his/her property where such property is bound on two adjacent sides by a public right-of-way for a road, street, alley, or other public passageway. The area that is so restricted being the area of the corner of such property, more particularly described as being that area in the form of a triangle, bound by two intersecting boundaries of the present or future street curbline.

The distance for each such boundaries shall be as follows:

Residential zone .....15′ × 15′

Commercial, professional, business or industrial zones .....30′ × 30′

Alleys .....10′ × 10′

The distance shall be measured as follows:

From the point of intersection, along the 10-foot, 15-foot, or 30-foot curbline of the two present or future streets and bounded by a third side determined by drawing a straight line from the points of the two intersecting boundaries.

D.

Fences, walls and hedges: In the R-1, R-1A, R-TH, R-2 and R-MH zones, a wire fence, woven or hog wire, may extend to the front property line in high theft areas provided such wire fence does not exceed the height of six feet. Hedges, shrubbery and solid fences or walls may also extend to the front property, but shall not exceed three feet in height. The height restrictions herein mentioned are measured from the natural ground.

E.

Mobile homes and recreational vehicles:

1.

A recreational vehicle may be parked or stored off street on any lot or space, provided that the vehicle is not occupied or connected to utilities for occupancy. Such vehicle must meet the setback requirements of the district when parked on a space or lot. When parked in storage areas, all vehicles must be at least four feet apart.

2.

Mobile homes are only allowed:

a.

In the R-MH mobile home district,

b.

With a conditional use permit for only those uses specified in each district,

c.

In commercial or industrial districts when they are unoccupied and are for sale, being repaired, or being stored on a site whose main business relates to mobile homes. When parked in storage areas, all vehicles must be at least four feet apart.

F.

District boundaries: On a parcel of land under single ownership that falls into two or more zoning categories, the most restrictive shall prevail.

(Ord. No. 90-06, § 1, 2-6-90; Ord. No. O-99-31, § 1, 7-20-99; Ord. No. O-2003-03, §§ 1—3, 1-7-03)