(A)   Minimum requirements. The provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

   (B)   Relationship with other laws. Where the conditions imposed by any provision herein upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision herein or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

   (C)   Effect on existing agreements. This chapter is not intended to abrogate any easement covenant or any other private agreement provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easement, covenants or other private agreements, the requirements herein shall govern.

(Ord. passed 8-4-86)

   (A)   Changes in structures or use. Except as may otherwise be provided in §§ 152.040 to 152.047, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of, or additions to, existing uses occurring hereafter, shall be subject to all regulations herein which are applicable to the zoning districts in which such building, use or land shall be located.

   (B)   Nonconforming buildings, structures and uses. Any lawful building, structure or use existing at the time of the enactment of the ordinance from which this chapter was derived may be continued even though such building, structure or use does not conform to the provisions herein for the district in which it is located and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of §§ 150.040 to 150.047.

(Ord. passed 8-4-86)

   (A)   Use. No building, structure or land shall hereafter be used or occupied and no building or part thereof or other structure shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located.

   (B)   Bulk. All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located except that parapet walls, chimneys, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the city.

(Ord. passed 8-4-86)

   (A)   Maintenance of yards, courts and other open spaces. The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open spaces or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.

   (B)   Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

   (C)   Location of required open spaces. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

   (D)   Required yards for existing buildings. No yards shall subsequently be reduced below or further reduced below if already less than the minimum yard requirements of this chapter for equivalent new construction.

   (E)   Permitted obstructions in required yards.   The following shall not be considered to be obstructions when located in the required yards specified

      (1)   In all yards. Open terraces not over four feet above the average level of the adjoining ground but not including a permanently roofed over terrace or porch; awnings and canopies; steps; four feet or less above grade which are necessary to access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting 18 inches or less into the yard; recreational and laundry-drying equipment, arbors and trellises and flag poles.

      (2)   In front yards. One-story bay windows projecting three feet or less into the yard and overhanging eaves and gutters projecting three feet or less into the yard.

      (3)   In rear yards.   Enclosed, attached or detached off-street parking spaces; open off street parking spaces; accessory sheds, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches; one-story bay windows projecting three feet or less into the yard. In any residential district, no accessory building shall be nearer than five feet to the side lot line or nearer than ten feet to any principal building unless attached.

      (4)   In side yards. Overhanging eaves and gutters projecting into the yard for a distance not exceeding 40% of the required yard width but in no case exceeding 30 inches.

   (F)   Fences. Fences may be erected subject to the following:

      (1)   Residential fences.

         (a)   Fences may be erected on the property line to a height of four feet above the existing grade (on the property on which the fence is to be installed) along any side, rear or corner side yard.

         (b)   All fences in any required front yard of inside and corner lots and all fences in corner side yards of reversed corner lots and in that portion of the rear yard of reversed corner lots located between the side lot line and the corner side yard line extended shall be constructed in such a manner and location and of such material, so as not to block, obstruct or interfere with visibility so as to create a traffic hazard.

         (c)   A fence which is constructed on that portion of property that abuts a railroad right-of-way may be permitted a height not more than seven feet and may be located on the abutting property line; provided that such fence does not block, obstruct or in any way interfere with visibility so as to create a traffic hazard.

         (d)   A solid fence which is constructed on that portion of property which adjoins any property zoned and used for a business, industrial or manufacturing use of a parking lot shall be permitted a height of six feet.

         (e)   Fences may be erected to a height of six feet above the existing grade (on the property on which the fence is to be installed) along any side, rear or corner side yard, provided that such fence is erected at least five feet from the property line.

      (2)   Business and industrial districts. If deemed necessary, the city may require fencing to screen residential areas.

      (3)   Public utility and recreational uses.

         (a)   Open fences may be installed in any side or rear yard to a height of not more than eight feet.

         (b)   Public utility uses such as transformer substations or other hazardous uses, shall be fenced. When the lot line of such utility use coincides with a lot line in a residential district, the fencing installed shall provide adequate screening. The screening may be an open or semi-open fence or an open fence with shrubbery to a height of not less than five feet. When a public utility use fronts on a public street, similar fencing and landscaping shall be required.

         (c)   Public recreation use areas may be enclosed along their boundaries with an open type fence to a height not to exceed eight feet. Tennis courts and other similar uses may be fenced, in keeping with national standards for such uses.

      (4)   Construction, appearance and maintenance.

         (a)   The finished side of all fences shall face the front rear, side and street lot lines. Both sides of all fences shall be similar in design, construction and appearance and shall be properly maintained.

         (b)   No fence shall be located in such a manner that prohibits the normal maintenance of structures located on the property lines of adjacent lots.

         (c)   Except as otherwise expressly permitted herein, it shall be unlawful to maintain or construct any fence consisting in whole or in part of barbed or spiked-topped wire or any wire charged with electric current.

      (5)   Easements. Fences installed on public easements shall be of a removable nature. Any fence of a permanent nature on an easement shall be removed at the owners expense at the request of any public utility or the city.

   (G)   Vision clearance; corner lots. No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located in any residential districts, exceeding a height of three feet above the street grade within 12 feet of the intersecting right-of-way lines boarding corner lots.

(Ord. passed 8-4-86; Am. Ord. 99-2, passed 3- -99) Penalty, see § 152.999

   (A)   Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.

   (B)   Lots or parcels of land of record. Any single lot or parcel of land held in one ownership which was of record at the time of adoption of the ordinance that does not meet the requirements for minimum lot width and area may be utilized for a permitted use, provided that yards, courts or usable open spaces are not less than 75% percent of the minimum required dimensions or areas.

(Ord. passed 8-4-86)

   Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land, which abuts upon a public street unless a permanent easement of access to a public street was of record prior to the adoption of the ordinance.

(Ord. passed 8-4-86)

   Except in the case of a planned development not more than one principal detached residential building shall be located on a residential zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

(Ord. passed 8-4-86) Penalty, see § 152.999

   (A)   Location. When a side yard is required, no part of an accessory building or unattached garage shall be located closer than five feet to the side lot line along such side yard. When a rear yard is required, no part of an accessory building or unattached garage shall be located closer than five feet to the rear lot line or to those portions of the side lot lines abutting such required rear yard. In a residential district, no accessory building or detached garage shall be closer than ten feet to the principal building. Except as provided in § 152.018 and § 152.126, no accessory building or unattached garage shall be located closer than the principal structure to the side lot line abutting the street.

   (F)   Each residential lot containing less than one and one-half acres may have no more than one residential structure which be in conformity with the lot’s zoning classification, one detached garage and not more than four accessory buildings which must all comply with the provisions of this code.

(Ord. passed 8-4-86; Am. Ord. 19-10, passed 8-19-19; Am. Ord. 22-17, passed 10-17-22) Penalty, see § 152.999

   The performance standards for the M-1 Manufacturing District shall also apply to all residential or business districts.

(Ord. passed 8-4-86)

   Where a use is classified as a special use and exists as a permitted use, it shall be considered a legal use, without further action of the City Council, the Building and Grounds Committee or the Board of Appeals.

(Ord. passed 8-4-86)

   (A)   Prohibited uses. When a use is not specifically listed in the sections devoted to permitted uses, it shall be assumed that such uses are hereby expressly prohibited unless by application and authorization as provided under § 152.002.

   (B)   Home occupations. Home occupations where permitted in a residence district shall be subject to the following conditions:

      (1)   The occupation shall be conducted wholly within the principal building;

      (2)   Only persons residing on the premises shall be employed in the occupations;

      (3)   No equipment shall be used in the occupation which would create a nuisance and/or harm the environment of the surrounding properties;

      (4)   No outdoor storage in conjunction with the occupation shall be allowed;

      (5)   No exterior display or exterior sign shall be permitted, except as allowed by the sign regulations for residence districts (see §§ 152.125 - 152.127);

      (6)   No alteration of any kind shall be made to the dwelling which changes its residential character.

(Ord. passed 8-4-86; Am. Ord. passed 11-2-87)

   The following residential screening requirements shall be implemented on all boundaries between residential zoning districts and other zoning districts hereinafter established as follows:

   (A)   An opaque screen shall be installed and maintained along all lot lines abutting areas zoned for residential use;

   (B)   Screening shall not be required along streets, except along side lot lines of reversed corner lots where such side lot line is directly across the street from a residential district.

   (C)   Except as otherwise provided, it shall have a total height of six feet.

   (D)   Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest elevation.

   (E)   A screen shall consist of one or more of the following types:

      (1)   Walls. A wall shall consist of concrete, stone, brick, tile or similar type of masonry material, a minimum of four inches thick.

      (2)   Fences. A fence shall consist of wood, metal or other solid material, as approved.

      (3)   Berms. A berm may be banked on both sides or with one side banked toward the lot line with a retaining wall. A berm shall not be less than ten feet wide at the base and shall be sloped for ease of maintenance. It shall be constructed of earthen materials and shall be landscaped.

      (4)   Planting. Plant materials, when used as a screen shall consist of a mixture of dense evergreen plants and deciduous plants. They shall be of a kind and used in such a manner so as to provide screening having a minimum width of three feet within 18 months after initial installation. Plant materials shall not be limited to a maximum height. The Building and Grounds Committee may require either walls or fences as defined above to be installed in addition to plant materials, if after 18 months after installation, plant materials have not formed an opaque screen, or if an opaque screen is not maintained.

   (F)   All required screening shall be installed prior to issuance of an occupancy permit, except as provided in § 152.027.

(Ord. passed 8-4-86) Penalty, see § 152.999

   (A)   Except as otherwise provided in this subchapter, all site improvements required by this ordinance, including surfacing of off-street parking and loading areas, screening, fencing and landscaping shall be completed prior to the issuance of an occupancy permit for any use for which the site improvements are required.

   (B)   Upon application to the Building and Grounds Committee, a temporary occupancy permit may be issued, pending completion of site improvements subject to the following conditions:

      (1)   The permit shall be issued for a period not to exceed six months.

      (2)   The applicant shall deposit with the City Clerk a surety bond in the amount of the estimate of the City Engineer of the cost of the installation of the uncompleted portion of the required site improvements, conditioned upon completion of the required improvements within six months of the issuance of the temporary certificate of occupancy. In lieu of a surety bond, the applicant may deposit a cash bond of an equivalent amount with the City Clerk to be placed in an escrow.

(Ord. passed 8-4-86)

   (A)   Each residential lot containing less than 1.5 acres may have no more than one residential structure which must be in conformity with the lot’s zoning classification, one detached garage, and not more than four accessory buildings.

   (B)   For each residential lot containing less than 1.5 acres, the total lot coverage of impervious material shall not exceed 40%.

   (C)   For each residential lot containing less than 1.5 acres, the door width for any accessory building shall not exceed 18 feet.

   (D)   Except as otherwise specified in this division (D), for each residential lot containing less than 1.5 acres, any accessory building containing an area equal to or more than 144 square feet shall have a concrete floor which meets or exceeds the minimum building code requirements in effect at the time of reference. A children’s playhouse shall not contain more than 80 square feet.

(Ord. 08-11, passed 4-21-08; Am. Ord. 09-20, passed 8-3-09; Am. Ord. 19-10, passed 8-19-19) Penalty, see § 152.999