Certain structures projecting into required yard areas are permitted, as specified in this section, and shall not be considered obstructions or included in the calculations or coverage unless otherwise specified.

1. Any commercial building or structure or a portion thereof hereafter erected shall not exceed five (5) stories or fifty (50) feet in height, unless approved by a Variance. Any commercial building on a parcel abutting a residential zone may not exceed a height of 35 feet unless approved by a Variance.
2. Side Setback Requirements. In all commercial zones, no side yards shall be required for commercial buildings or structures except when a building or group of buildings or structures abuts upon or adjoins a residential zone. In that case, a yard shall be provided on the side, or sides, of the lot, abutting the residential district, having a width of not less than ten (10) feet.
   1. No structure shall be constructed in a way that the slope or pitch of the roof would allow snow or other precipitation to be directed onto any other parcel or lot, irrespective of ownership. If a roof slopes or pitches toward another property, then a setback of at least ten (10) feet shall be required on all affected sides.
3. Corner-side Setback Requirements. The minimum side setback, on the side abutting the ROW, shall be fifteen (15) feet, however, the setback distance must provide a driveway sight distance of footage equal to ten (10) times the posted speed limit of the street fronting the area to be developed.
4. For residential only properties existing before the passage of this ordinance, setbacks equal to those required for the nearest residential zone shall be met on any new construction.
5. Front Setback requirements. There is no minimum setback for buildings constructed within commercial zones, however, the setback distance must provide a driveway sight distance of footage equal to ten (10) times the posted speed limit of the street fronting the area to be developed if the parcel has street access.
6. Rear Yard. In all commercial zones, a rear yard of at least fifteen (15) shall be required for commercial buildings or structures.
   1. The rear yard or side yard shall accommodate the area required for shipping and receiving. In no case shall any new structure be allowed which does not have adequate room on-premises for shipping and receiving, nor shall any public property be used for this purpose or otherwise as a loading dock.

(Ord. 443 Ch. 2 § 4 (A), 1979) (Ord 2024-3, § 2, 2024)

1. Front setbacks shall be measured from the edge of the right-of-way (ROW) to the building line (excluding steps or ramps).
2. Side and rear setbacks shall be measured from the edge of the property line to the building line (excluding steps, ramps, and chimneys).
3. The side yard abutting a street (corner lots) shall be measured from the edge of the ROW to the building line (excluding steps and chimneys).
4. Eaves and overhangs may extend no more than two (2) feet past the building walls and shall not overhang on any other parcel irrespective of ownership. If eaves extend more than two (2) feet past the building walls, the outermost edge of the eave shall be considered the building line.
5. Canopies on the front yard, or corner side yard, may not encroach upon the roadway. Such canopies may extend a maximum distance of ten (10) feet, but shall not be less than three (3) feet from the edge of the roadway and shall not encumber the sidewalk or interfere with required sight distances.

(Ord. 443 Ch. 2 § 4 (B), 1979)

1. Fences may be erected to a height of eight (8) feet to enclose side and backyards, however, no fence shall be constructed which interferes with necessary sight distance or encroaches beyond the required setback of a corner side yard.
2. Fences of opaque material (excluding chain-link with slats), may be erected to a height of four (4) feet to enclose a front yard.
3. Fences shall be one (1) foot off of the back of the sidewalk.
4. Fences do not require a building permit if constructed per this code.
5. It is recommended that before constructing a fence, a property survey be conducted so the fence can be wholly placed on the owner’s property.
6. No barbwire, electric, or other similar fences may be constructed in any commercial zone. Fences on undeveloped parcels, constructed before the enactment of this ordinance, shall be allowed to remain and be maintained until the use of the parcel changed. Such fences may be constructed in commercial zones, but shall not parallel any sidewalk.
7. Any fences or walls shall be functional and in good repair. Failure to maintain fences or walls shall result in the following:
   1. Issuance of a written request for repair to the property owner in person or via certified mail from the city.
   2. If the city receives no response or the repair is not completed within one (1) month after the written request is issued, a written warning shall be issued in person or via certified mail.
   3. If after three (3) months, no corrective action has been taken, the property owner shall be subject to the provisions found in 17.52.030.

(Ord. 443 Ch. 2 § 4 (C), 1979)

1. Building permits are required for all structures over 120 square feet.
2. Structures 120 square feet and under, which have a maximum height of ten (10) feet tall or less, do not require a building permit but shall conform to all other provisions of this code.
3. Any structure exceeding ten (10) feet in height requires a building permit.

(Ord. 443 Ch. 2 § 4 (D), 1979)

1. No accessory building shall be located on, under, or over a utility easement, unless the building can be readily moved when necessary for maintenance, repair or replacement of the utility.
2. Other accessory uses may be allowed under the provisions of this code relating to Special Use Permits.
3. Storage containers/semi-trailers are not accessory buildings and shall not be allowed in any D or G Zones unless such are enclosed in a yard as specified in the Special Provisions section relating to major automotive repair in the respective D or G Zone.
   1. In H/LI Zones, storage containers may be permitted so long as they are entirely in the rear of the building and screened from view by a wall or privacy fence (excluding chain-link with privacy slats).
   2. Storage containers shall not be stacked.

(Ord. 443 Ch. 2 § 4 (E), 1979)

1. Pre-built accessory buildings that can be moved as a single unit, are not permanently affixed to the ground and can be readily moved after final placement, do not require a survey in order to obtain a building permit.
2. Accessory buildings built or rebuilt on an existing foundation do not require a survey so long as area, set back requirements, and all other provisions of this code are met.

1. An accessory building shall not be used as a dwelling, dwelling unit, or as a living quarters for human occupancy.
2. Restroom facilities may be allowed in an accessory building so long as they are connected to the existing water and sewer line/septic system. No other drains in an accessory building will be allowed to connect to the sewer line/septic system unless a grease trap is installed.

(Ord. 443 Ch. 2 § 4 (F), 1979)

1. Accessory uses are permitted if constructed either at the same time as, or after, the main building.
2. Accessory uses shall not be permitted in front or side yards, except as stated in this code.
3. Accessory buildings shall be set back a minimum of eight (8) feet from all property lines except that any accessory building on a corner lot shall not extend beyond the building line of the main building into the side yard adjacent to the street, which intersects the street upon which the principal building fronts.
4. No accessory building shall be erected with a height exceeding the height of the principal building or thirty-five (35) feet, whichever is less.

(Ord. 443 Ch. 2 § 4 (G), 1979)

1. All front yards and corner lot side yards shall be landscaped with permanent and irrigated lawn, trees, and shrubs complimenting the city and the surrounding area. A landscaping plan shall be submitted and approved by the Planning and Zoning Commission or its designee before construction.
2. Failure to install required improvements including landscaping/meet any physical conditions of approval within three (3) months of occupancy shall be punishable by the general punishment found in 17.52.030. 1. If the improvements are not installed/ physical conditions are not met within six (6) months, the City may install all improvements or cause them to be installed. The cost of the work will then be billed to the landowner.

(Ord. 443 Ch. 2 § 4 (H), 1979)

1. On a single commercial lot there may be multiple principle structures or businesses. The ability to build multiple structures or house multiple businesses will be based on the intensity of use, the availability of off-street parking, and the ability to sufficiently retain stormwater as designated by this code.
2. This does not excuse any business or development from landscaping or other requirements of this code.

1. It is primarily the responsibility of the occupant of a structure to maintain park strips, sidewalks, and yards. If no occupant is present, it is the property owner’s responsibility.
2. It is primarily the responsibility of the occupant of a structure to remove snow from all public sidewalks abutting the lot. If no occupant is present, it is the property owner’s responsibility.
3. All potential violations shall be enforced on a complaint-driven basis.
   1. If a complaint is made, the city shall mail or deliver a letter in person to the occupant of a structure and/or the owner of a structure advising of this ordinance and requesting the violation be remedied promptly (within 72 hours).
4. If the park strip or yard is not maintained or if snow is not removed, the City will send or otherwise deliver a warning letter to the occupant of a structure advising that if the situation is not remedied, then a fine may result.
   1. If the situation is not remedied within one (1) week after the warning letter is sent, it shall be punishable by the general punishment found in 17.52.030.

(Ord. 443 Ch. 2 § 4 (I), 1979)

1. If any nonconforming structure or use is damaged or destroyed, be it by accident or act of God, it may be rebuilt in the same building footprint that existed before the damage or destruction, or may be rebuilt to conform to this code.
2. Maintenance, repairs, and structural alterations shall be permitted to be made to nonconforming structures or structures housing a nonconforming use with valid permits so long as the nonconforming structure does not expand beyond its existing footprint and the nonconforming use does not increase in intensity.
3. If a nonconforming use is abandoned on a parcel or lot, it shall not be allowed to resume.
4. An exception to provision B is made for residential uses, legally established prior to the enactment of this code- such uses may expand beyond the existing footprint of the building so long as all other provisions of this code are met. Residential uses shall be governed under the provisions of the closest residential zone.

(Ord. 2003-04 § 3, 2003; Ord. 443 Ch. 2 § 4 (J), 1979)

Each proposed business will be evaluated on whether it fits into one of the listed categories in each zone’s Purpose/Allowed Uses section. If the business does fit, it will be allowed if all other provisions of this code are met. If the business does not fit into one of the listed categories in the zone’s Purpose/Allowed Uses section but is not explicitly forbidden, the business owner may apply for a Special Use Permit unless such use is allowed in another zone.

Unless otherwise specified in this code, any violation shall be punishable by the general punishment found in 17.52.030.

It is the responsibility of the owner of a property to manage and maintain trees, shrubbery, and vegetation on any parcel.

1. No tree or portion thereof shall be closer than seven (7) feet from the ground when extending over the sidewalk.
2. No tree or portion thereof shall be closer than fifteen (15) feet from the ground when encroaching over any roadway.
3. If the growth of a tree damages any city infrastructure, including but not limited to roadways, sidewalks, curb and gutter, ribbon curb, water pipes, or sewer pipes, it is the responsibility of the property owner to repair the damage as required by city specifications and to ensure the damage does not occur again.
4. Any violation shall be punishable by the general punishment found in 17.52.030.