Post City Zoning Code
Division 10
General Regulations
§ 14.02.471 Height regulations.
(a)
The height of dwellings in the R-1 district shall not exceed 35 feet.
(b)
The height of single-family dwellings in the R-2 district shall not exceed 35 feet. The height of multifamily dwellings in the R-2 district shall not exceed three stories.
(c)
The height of buildings other than dwellings in the R-1 district shall not exceed 45 feet. In the R-2 district buildings may exceed 45 feet only when the front, side and rear yards are each increased an additional foot for each foot the buildings exceed 45 feet but not exceeding 75 feet.
(d)
The height of buildings in the C-1 and C-2 districts shall not exceed 75 feet, or six stories, but above the height permitted at the yard line, four feet may be added to the height of the buildings for each one foot the building is set back from the required yard lines. The cubical content of the building shall [not] exceed the cubical content of a prism having a base equal to the area of the lot and height of 100 feet.
(e)
(1)
The heights of buildings in the I district shall not exceed 100 feet, but above the height permitted at the yard lines, four feet may be added to the height of the building for each one foot that the building or portion thereof is set back from the required yard lines.
(2)
The cubical content of the building shall not exceed the cubical content of a prism having a base equal to the area of the lot and a height of 100 feet.
(f)
A tower may be constructed in a C-2 or I district without reference to the above limitations, provided the largest horizontal dimensions of any size of the tower shall not exceed 60 feet. The horizontal area shall not exceed 25% of the area of the lot. The tower shall be removed at least 25 feet from all lot lines and at least 50 feet from any other tower.
(g)
Chimneys, water towers, penthouses, scenery lofts, monuments, domes, spires, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city.
(h)
On lots 150 feet or less in depth, the height of a building may be measured from the curb level.
(2002 Code, sec. 152.145)
§ 14.02.472 Yard limitations.
(a)
Front yards.
(1)
In R-1 and R-2 districts, there shall be a front yard having a depth of not less than 25 feet from the back of the curb to the front line of the building, garage or covered porch and a dept of not less than 20 feet from the back of the curb to the front line of a carport. On corner lots, all houses shall front on the short side of the lot. In an established neighborhood where at least two houses already exist on the block, the preceding yard requirement will be waived if the front of the structure is set to align with the fronts of the other structures on the block and the structure is at least 20 feet from the back of the curb.
(2)
In the C-1 and C-2 districts there shall be a front yard, sidewalk or driveway having a depth of not less than 15 feet measured from the back of the curb.
(3)
In the I district, no front yard is required unless the building is erected or structurally altered for dwelling purposes, in which event, a front yard of not less than 15 feet from the back of the curb shall be required.
(4)
Where the frontage on one side of the street between two intersecting streets is zoned for two classes of districts, the setback on the most restricted district shall apply to the entire block.
(5)
(A)
If 30% or more of the frontage on one side of a street, between two intersecting streets, is improved with buildings, that have observed an average front yard line, with a variation in depth of not more than six feet, then the average front yard so established shall be observed.
(B)
This regulation shall not be interpreted to require a front yard of more than 50 feet.
(6)
On any lot on which a front yard is required by this article, no wall, carport, fence, or other structure shall be erected and no hedge, tree, shrub, or other growth of any kind shall be maintained in the location within the required front yard so as to obstruct the view.
(7)
(A)
No person shall place or allow to be placed any fence, wall, barrier or other obstruction upon or across any area between the property line and curbline which will or may in any way prohibit or restrict the use of the areas to pedestrians or may cause inconvenience to pedestrians. No person shall place or cause to be placed any fence, retaining wall, barrier or obstruction upon or over any sidewalk (areas between the property line and curbline, or lateral line of the roadway) within the city. No person shall place, cause to be placed, or permit any tree or shrubbery other than grass upon the area between the property line and curbline or lateral line of the roadway.
(B)
Intersection visibility triangles shall be maintained at all intersections. In connection with the regulations provided herein, “intersection visibility triangle” shall mean a triangle sight area, at all intersections where the streets, avenues, alleys and public or private drives, intersect at or near right angles, which shall include that portion of the public right-of-way and any corner lot within a triangular area formed by extending the curblines of the intersecting streets to their imaginary point of intersection for the first point on the triangle, then proceeding back from this imaginary point of intersection 40 feet along the curblines of the intersecting streets to establish the two remaining points of the triangle. These points shall then be connected with imaginary lines, thereby forming a triangle. If there are no curbs existing, the triangular area shall be formed by extending the pavement edges to the imaginary point of intersection of the streets and then proceeding in the same manner described above. If there is no pavement, the triangle area shall be formed by visualizing a pavement 20 feet in width, utilizing the imaginary point of intersection, and proceeding as above.
(C)
No vehicle shall be parked and no fence, wall, screen, billboard, sign, structure, other view obstruction, foliage of hedges, trees, bushes or shrubs shall be erected, planted or maintained within the “intersection visibility triangle” so as to obstruct with sign [sight] lines at elevations between three feet and eight feet above the average street grade. Obstructions of this nature are declared to be a public traffic nuisance.
(D)
Any fence, wall, screen, hedge, tree, bush, shrub, billboard, sign or structure erected, planted or maintained in violation of these subsections shall be removed within ten days upon written notice from the city to the owners of the affected or adjacent property. In the event that the obstruction lies within the city’s right-of-way and is not removed by the property owner within ten days from the date the notice is mailed, the city shall remove and dispose of the object.
(E)
In the event that the obstruction lies within private property and is not removed within ten days from the date the notice is mailed, the owner shall be subject to a misdemeanor fine, and each day that the owner allows the obstruction to remain shall be deemed to be a separate offense.
(8)
(A)
Any existing permanent building, fire hydrant, public utility pole, official traffic control sign or traffic control device or any trees planted so as to leave unobstructed view between tree trunks and with no limbs below eight feet above the average street grade, shall be excepted from these regulations. The provisions of these regulations shall not require a setback greater than is required by any zoning regulations for permanent buildings hereafter established.
(B)
The provisions of this section shall be applied in conjunction with any front yard regulations contained in any future zoning ordinance with the more restrictive of the regulations of the two sections controlling at each intersection.
(b)
Rear yards.
(1)
In all districts where buildings are erected or structurally altered for dwelling purposes there shall be a rear yard having a minimum depth of lot of 24 feet.
(2)
In the C-1 and C-2 districts there shall be a rear yard having a depth of not less than 20% of the depth of the lot, provided the rear yard need not exceed 24 feet.
(3)
In the I district, when property is not used for dwelling purposes, and when not abutting on the rear of a dwelling district R-1 and R-2, then a rear yard of at least ten feet is required.
(4)
In computing the required depth of a rear yard for any building where the yard abuts an alley, the depth of the lot shall be measured from the rear property line.
(5)
An accessory building or garage apartment not exceeding one story in height may occupy not more than 60% of a minimum required rear yard.
(6)
An accessory building or garage apartment exceeding one story or more in height, may occupy not more than 400 [40%] of a minimum required rear yard.
(7)
Unless all requirements outlined in this section are met, any accessory building or garage apartment one story or more must have a minimum distance of five feet from the rear lot line. For any accessory building or garage apartment one story or more located less than five feet from the rear lot line, such structure:
(A)
Shall maintain at least a minimum distance of five feet from the side property line;
(B)
May not be located on or over any existing underground utilities or designated utility easement;
(C)
Shall be at least six linear feet from the nearest existing overhead utility line/cable or telecommunications line/cable; and
(D)
May not have any portion of which overhangs or extends past any existing fence line.
(8)
In the R-1 and R-2 districts, the depth of the rear yard shall be a minimum of 24 feet measured from the back wall of the house to the rear property line.
(c)
Side yards.
(1)
In R-1 and R-2 districts, and in all districts where a building is erected or structurally altered for dwelling purposes there shall be two side yards, one on each side of the house or building, each a minimum of five feet.
(2)
In the C districts, if the property is not used for dwelling purposes no side yards are required unless a lot abuts upon the side of a lot zoned for dwelling purposes in which case, there shall be a side yard of not less than five feet on the side abutting the dwelling lot. In other cases a side yard, if provided for a business or industrial building, shall be not less than four feet.
(3)
In the R-2 district, for the purpose of side yard regulations, two or more detached one- or two-family dwellings shall be considered as one building when occupying one lot. There shall be a minimum of ten feet between the sides of the buildings on the same lot.
(4)
In the case of group houses or court apartments, when buildings bear upon the side yard, the width of the side yard shall be increased by one foot for each building or apartment abutting thereon. If any stairways open onto or are served by the side yard the minimum width of the side yard shall be ten feet.
(5)
The width of a place or court shall not be less than 40 feet measured between buildings or from buildings to the opposite property line, provided that open porches may project into the required place or court not more than 20% of the width of the place or court.
(6)
All other requirements including front, side and rear yards shall be complied with in accordance with the districts in which the group houses or court apartments are located.
(7)
Every part of a required yard or court shall open from its lowest point to the sky unobstructed except for the ordinary projections of sills, belt courses, cornices and the like. The above projections shall not extend into a court more than two feet.
(8)
The side and front yard requirements for dwellings shall be waived where living quarters are erected above stores or shops.
(9)
On corner lots the side yard regulations shall be the same as for interior except in the case of side street or reversed frontage (where the corner lot faces an intersecting street) in which case there shall be a side yard on the street side equal to the front yard on the lots in the rear. No accessory building on the corner lot shall project beyond the front yard line on the lots in the rear. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot facing an intersecting street, and of record at the time of passage of this article, to less than 28 feet nor to prohibit the erection of an accessory building where the regulation cannot be reasonably complied with.
(2002 Code, sec. 152.146; Ordinance 683 adopted 7/13/21; Ordinance 684 adopted 7/13/21)
§ 14.02.473 Lot area.
(a)
In the R-1 district, the minimum area of the lot shall be 6,000 square feet.
(b)
In the R-2 district, the minimum area of the lot shall be 6,000 square feet for a one-family dwelling and 9,000 square feet for a two-family dwelling or two one-family dwellings, plus 1,000 square feet for each family in excess of two.
(c)
On any lot held under separate distinct ownership from adjoining lots at the time of the passage of this article, the separately owned property being of record at the time, a single-family dwelling may be erected even though the lot be less than required by the regulation relating to area in the district in which it is located. In any event the combined area of the dwelling and accessory building shall not cover more than 40% of the total area of the lot.
(d)
No lot area shall be so reduced or diminished that the yards or open spaces shall be smaller than prescribed by this article, nor shall the density of population be increased, in any manner, except in conformity with the area regulations herein established. Side yard area used to comply with minimum requirements of this article for a building shall not be included as a part of the required area of any other buildings.
(2002 Code, sec. 152.147)
§ 14.02.474 Parking spaces.
(a)
In all zoning districts, there shall be provided in connection with appropriate allowable uses off-street vehicle parking space in accordance with the following requirements:
(1)
In R-1 and R-2 districts, there shall be provided on each lot or lots, as applicable, one vehicle parking space, closed or open, sufficient in size to accommodate one average size automobile, for each family occupying the lot or lots.
(2)
For each permissible use hereinafter specifically stated or implied in the C districts, there shall be provided on the property, or upon a site within 300 feet from the principal use property (the site being subject to the approval of the city council) one parking space, open or enclosed, per 200 feet of floor area utilized for commercial purposes other than storage.
(b)
The following specific requirements, however, shall apply in all districts. There shall be provided at the time any building or structure is erected or structurally altered, except as provided herein below, off-street parking spaces in accordance with the following requirements:
(1)
Bowling alley: five parking spaces for each alley.
(2)
Business or professional office, studio, bank, medical or dental clinic: three parking spaces, plus one additional parking space for 200 square feet of floor area over 500.
(3)
Church or other place of worship: one parking space for each four seats in the main auditorium.
(4)
Community center, library, museum or art gallery: ten parking spaces, plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each four seats that it contains.
(5)
Dance hall, assembly or exhibition hall without fixed seats: one parking space for each 100 square feet of floor area used therefor.
(6)
Dwellings, including single-, two-family and multifamily: one parking space for each dwelling unit.
(7)
Fraternity, sorority or dormitory: one parking space for each six beds.
(8)
Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or shoe repair or service shop: two parking spaces, plus one additional parking space for each 300 square feet of floor area over 1,000.
(9)
Hospital: four parking spaces plus one additional parking space for each four beds.
(10)
Hotel: one parking space for each two sleeping rooms or suites plus one space for each 200 square feet of commercial floor area contained herein.
(11)
Manufacturing or industrial establishments, research or testing laboratory, creamery, bottling plant, warehouse, printing or plumbing shop or similar establishment: one parking space for each two employees on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 600 square feet of floor area.
(12)
Mortuary or funeral home: one parking space for each 50 square feet of floor space in slumber rooms, parlors or individual funeral service rooms.
(13)
Motor vehicle salesrooms and used car lots: one parking space for each 800 square feet of sales floor or lot area.
(14)
Private club, lodge, country club or golf club: one parking space for each 150 square feet of floor area or for every five members, whichever is greater.
(15)
Retail store or personal service establishment, except as otherwise specified herein: one parking space for each 200 square feet or floor area.
(16)
Restaurant, nightclub, cafe or similar recreation or amusement establishment: one parking space for each 100 square feet of floor area.
(17)
Rooming or boardinghouse: one parking space for each two sleeping rooms.
(18)
Nursing or convalescent home, home for the aged or similar institution: one parking space for each six beds.
(19)
School, elementary: one parking space for each ten seats in the auditorium or main assembly room, or one space for each classroom, whichever is greater.
(20)
School or college: one parking space for each eight seats in the main auditorium or three spaces for each classroom, whichever is greater.
(21)
Theater, auditorium (except school), sports arena, stadium or gymnasium: one parking space for each four seats or bench seating spaces.
(22)
Motel: one parking space for each sleeping room or suite.
(c)
In computing the number of parking spaces required for each of the above uses, the following rules shall govern:
(1)
“Floor area” shall mean the gross floor area of the specific use.
(2)
Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
(3)
The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
(4)
Whenever a building or use constructed or established after the effective date of this article is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of 10% or more in the number of existing parking spaces, the spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this article is enlarged to the extent of 50% or more in floor area or in the area used, the building or use shall then and thereafter comply with the parking requirements set forth herein.
(5)
In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
(d)
Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the premises loading space paved with a hard dustproof surface in accordance with the following requirements:
(1)
In C districts, at least one space for the first 10,000 square feet and one additional space for each 10,000 square feet or fraction thereof of floor area in 10,000 square feet.
(2)
In I districts, one loading space for each 8,000 square feet or fraction thereof of floor area.
(3)
Each loading space shall be a minimum of ten feet by 25 feet.
(e)
Groups of uses requiring vehicle parking space may join in establishing group parking areas with capacity aggregating that required for each participating use. Upon application, the city council may reduce the required spaces in grouped parking areas. Vehicle parking requirements shall not apply in a block, 50% or more of the area of which was occupied by business or industrial structures at the time of passage of this article.
(f)
(1)
Upon public school sites and facilities, or any educational institution where pupils in attendance are transported to and from same by buses, there shall be provided for each institution interior site driveways and bus loading and unloading facilities in addition to the required provisions for off-street parking.
(2)
General site and layout plans of all school facilities indicating the provision shall first be submitted to the city council for approval of general arrangement regarding traffic circulation and location of entrances and exits.
(g)
In order to meet requirements for vehicle parking space where the space is not available on the property occupied by a business or industrial use, in a C or I district, city council may, after public notice and hearing, grant a permit for the establishment of a parking area as an auxiliary use, on a lot or lots in R-1 and R-2 districts, provided that the entire area for the parking area is within 300 feet of the business or industrial use property involved and when the proposed parking area adjoins or is across an alley from the business or industrial use property in a C or I district, or in the case of a church or place of congregation of people and automobiles in a residential district, immediately adjacent to the church or place of congregation and provided that:
(1)
There shall be no sales, dead storage, repair work, dismantling or servicing of any kind on the parking area.
(2)
Entrances and exits shall be approved as to location by the city council.
(3)
Except for approved entrances and exits, a masonry wall, not more than five feet in height and not less than four feet in height and not less than six inches in thickness may be required along boundaries of the parking lot as determined by the city council for the protection of adjoining residentially zoned or used property, and if erected shall conform to the required yard line.
(4)
The lot shall be paved with a dustproof or hard surface meeting the standard specifications of the city.
(5)
No advertising signs may be erected upon the lot except at each street side of the lot to indicate the operator or purpose of the lot and to indicate entrances and exits, direction of traffic flow and conditions for parking. The signs shall not exceed 20 square feet in area and shall not extend more than ten feet in overall height above the ground.
(6)
Lighting facilities, if provided, shall be so arranged as to be reflected away from residentially zoned or used property.
(7)
The city council may impose reasonable landscaping requirements.
(Ordinance 639 adopted 4/8/14)
§ 14.02.475 Nonconforming use.
(a)
The lawful use of a building existing at the time of the adoption of this article may be continued even though the use does not conform with the provisions hereof, or any subsequent amendments or changes as a result of which a building becomes nonconforming. However, no modifications of, additions to or repairs of damages willfully inflicted, any of which require a building permit, will be allowed, except as provided in subsection (c) below. No nonconforming use constituting a public nuisance or a hazard to adjacent property may be continued.
(b)
If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts as may be hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restricted use. The regulations shall never be construed as allowing an addition to a nonconforming building except for matters of public health and safety.
(c)
When a building, the use of which does not conform to the provisions of this article, is damaged, by an act of God or accident beyond the control of the occupant or owner, to the extent of more than 65% of its replacement costs as determined by the planning and zoning commission using an established method, it may be restored only for uses that conform to the district in which it is located.
(d)
In the event that a nonconforming use of any lot is discontinued, or its normal operation stopped, for a period of 180 days, the use of the same shall thereafter conform to the use permitted in the district in which it is located.
(e)
A nonconforming use occupying only a portion of a building may not be extended throughout the building.
(f)
Office units, with a permit, may be temporarily placed in any district, on construction sites, for use by the contractor. The permit shall state the specific use of, and conditions under which the office may be placed on the site, and state the maximum length of time it may remain, but under no conditions shall it remain more than 12 months. The city engineer shall issue the permit, and its conditions and limitations shall be based on the location and type of construction.
(2002 Code, sec. 152.149)
§ 14.02.476 Conditional uses.
(a)
Upon receipt of an application for a conditional use by the city secretary, an investigation shall be made by the city manager or his/her designee, as to the manner in which the proposed location and character of the conditional use will affect the master city plan. The city manager shall report the results of its study of the application to the city council, and, if the report is favorable toward the application, the city council may, after public notice and hearing according to law, grant the permit including the imposition of conditions of the use consistent with the spirit, purpose and intent of this article, which will not substantially and permanently injure the appropriate use of neighboring property and will substantially serve the public convenience and welfare.
(b)
The following uses which are classified as conditional uses, may be permitted by the city council in the following specified districts in accordance with the requirements and procedure specified herein:
(1)
Airport or aircraft landing field, in any district;
(2)
Baseball park, athletic field, fairground and rodeo in any district;
(3)
Golf driving range, archery range, miniature golf course in any district except an R-1 district;
(4)
Community center, owned and operated by nonprofit organizations, or commercial swimming pool in any district;
(5)
Railway right-of-way in any district;
(6)
Private school, kindergarten and day nursery teaching the same subjects as public schools in any district, provided the building or buildings are set back from all required yard lines, in the district in which they are to be located, two feet for each foot of building height and provided off-street parking facilities are provided; (For schools and kindergartens a minimum building area of 30 square feet per pupil and a minimum site area of 200 square feet per pupil shall be provided.)
(7)
Institution of a religious, educational or philanthropic nature, in any district;
(8)
Private housing project and shopping center, consisting of not less than two acres and when accompanied by a site plan drawn to scale and showing the arrangement of the project in detail together with essential requirements such as parking facilities, locations of buildings and the uses to be permitted and means of egress and ingress in any district;
(9)
Any use or public building to be erected or used by the city, county, state or federal government in any district;
(10)
Dog kennel and veterinary hospital, in a C-2 and I district;
(11)
Hospital, dental and medical office, clinic, children’s home, convalescent home, old people’s home, maternity home, in a C district or in any district where a site of five acres or more is provided; (Hospitals, dental and medical offices, clinics, convalescent homes, old people’s homes and maternity homes existing in the R-2 district on the effective date of this article shall be deemed conforming.)
(12)
Community building, in an R-2 district;
(13)
Building or the use of premises for public utility purposes or public service corporations, only when the city council deems the uses or buildings reasonably necessary for public convenience, safety, health or welfare; and
(14)
Rock quarry, sand, gravel and search excavations. At the time the permit is granted, the city council may impose reasonable conditions for the protection of the public health and safety, and may provide for the restoration of the property to a usable condition after excavations have been terminated.
(Ordinance 639 adopted 4/8/14)
§ 14.02.477 Exterior walls.
The exterior walls of all structures hereafter erected shall be erected so as to be parallel to and at right angles to the abutting street or roadway.
(2002 Code, sec. 152.151)