No building shall be moved, erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all the district regulations specified by this chapter for the district in which the building or land is located. All ordinances, including but not limited to, water and sanitary sewer systems, public sewer service, street regulations must be observed as a condition to the uses provided for in this ordinance.

(Ord. No. 2014-0224, § 1, 2-24-14)

(a)

Substandard lots. Any residentially zoned lot which was of record at the time of the adoption of this ordinance that does not meet the requirements of this ordinance for yards or other area or open space, may be utilized for single residence purposes, provided:

(1)

The area for such yard or court in width, depth, or open space is not less than 75 percent of that required by the terms of this ordinance, excepting that vacant lots having in the aggregate a continuous frontage of 120 feet or more shall not be subject to this exception;

(2)

In the absence of an approved community water supply and/or wastewater treatment system, said lot can meet the requirements of the county health department for the installation of wells and/or septic tanks. The purpose is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable health and living standards can be provided.

(b)

Lot may not be reduced in size below minimum requirements. No parcel of land, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that lot width or depth, front, side, or rear yard, inner or outer courts, lot area per unit, or other requirements of this resolution are not maintained. This section shall not apply when a portion of a lot is acquired for public use.

(c)

Lot size. All lots shall conform to the area requirements set forth in the zoning districts in which they are located. Residential corner lots shall have adequate width to permit appropriate building setbacks from and orientation to both abutting streets.

(d)

Building lines. A building line (setback line), meeting the front, rear and side yard setback requirements of the zoning district in which the parcel of land is located, shall be established on all lots.

(e)

Double frontage lots. Double frontage lots should be avoided, except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. When allowed subject to the standards of this ordinance, a strip of land at least ten feet in width, and across which there shall be no right of access, shall be provided along the lot or line of lots abutting such traffic artery.

(f)

Corner lots. On lots having frontages on two streets, the required front yard setback shall be observed on both streets, but the rear setback corresponding to each front is not necessarily required. A setback compatible with the setback along the line of the adjoining property may be used. This section applies to all zones.

(g)

Lot frontage on a public or private street. No building or structure shall be erected on a lot or portion of a lot which does not have a minimum frontage of 30 feet on a public or private street, or has adequate easements for access to a public/private street.

(h)

Driveways. All driveways constructed after the adoption of this ordinance, shall be required to obtain a driveway permit. Every effort must be taken to ensure that driveways be constructed in a way that will prevent stormwater runoff from entering the street. This may be accomplished by providing a negative slope adequate to prevent stormwater runoff or by the installation of a driveway grate system. The driveway permit application must be accompanied with sufficient information such as drawings and/or plans to demonstrate to the city that every effort has been made. In the event meeting this requirement is not obtainable, the request for a variance will be required.

(Ord. No. 2014-0224, § 1, 2-24-14; Ord. No. 2014-0714-02, § 1, 7-14-14)

(a)

To park or store wrecked/junked vehicles, unlicensed or inoperable vehicles, power driven construction equipment, used lumber or metal, or any other miscellaneous scrap of salvageable material shall be considered a nuisance and shall be prohibited in all residential zone districts.

(b)

Due to access, weight-load limitations, and public safety issues, tractor-trailer combinations (also known as 18-wheelers), individual tractors, or individual trailers shall not be parked or stored in residentially zoned districts (see section 6.10).

(c)

Kennels. No grandfathering of rights shall apply to any kennel when the same creates a nuisance.

(Ord. No. 2014-0224, § 1, 2-24-14)

(a)

Accessory structures. The location and use of accessory structures in all zone districts shall be governed by the following:

(1)

When an accessory structure is attached to the principal building by breezeway, passageway or other structure, it shall comply with the setback requirements of the principal building to which it is accessory.

(2)

A detached accessory structure shall not be closer than three feet to a side or rear lot line.

(3)

Except for portable carports or detached garages on residential lots, a detached accessory building shall not be located in a front yard. A detached accessory building shall not exceed the height of the main building nor cover more than 35 percent of the side or rear yard.

(4)

Accessory storage of a boat, boat trailer, camper/recreational vehicle shall not be permitted in the front yard.

(5)

Open swimming pools may occupy a rear or side yard, provided that they are not located closer than five feet to a rear lot line or ten feet to an interior side lot line. The pool must be enclosed by a wall or fence at least four feet in height. A walk space at least three feet wide shall be provided between pool walls and protective fences or barrier walls. On double fronting lots, an open or enclosed swimming pool, located behind the dwelling, shall meet the front setback requirement for the district where the lot is located.

(6)

In the A-1 zone district, accessory building and structures which are not intended for use or used for the housing of livestock or poultry and are ancillary to the residential use shall maintain the same front and side yard requirements as the principal structure, however, they shall not project beyond the established building line. The rear yard setback shall be a minimum of ten feet.

(b)

Temporary buildings. Temporary buildings may be used only in conjunction with construction work in any zone district and shall be removed immediately upon the completion of construction. A certificate of zoning compliance must be obtained for use of a temporary building.

(Ord. No. 2014-0224, § 1, 2-24-14)

Only one principal building and its customary accessory buildings shall hereafter be erected on any lot, except for the following uses:

(a)

Institutional buildings;

(b)

Public or semi-public buildings;

(c)

Multi-family dwellings (unless otherwise limited by zone district requirements);

(d)

Commercial or industrial buildings;

(e)

Planned developments;

(f)

Agricultural buildings.

(Ord. No. 2014-0224, § 1, 2-24-14)

In order to protect the health, safety, and welfare of the public, no person shall occupy any dwelling which does not meet the following minimum size requirements per occupant thereof: There shall be at least 150 square feet of habitable floor area within a habitable room for the first occupant of each dwelling, with at least 75 square feet of habitable floor area within a habitable room for each additional occupant thereof. For purposes of this requirement, an occupant shall be considered any person who spends, on average, more than two nights per week or eight nights per month, whichever is greater, at such dwelling.

(Ord. No. 2014-0224, § 1, 2-24-14)

In all zoning districts, no fence, wall, hedge, or shrub planting which obstructs the sight distance lines at elevations between three and one-half feet and eight feet above the roadways shall be placed on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines.

(Ord. No. 2014-0224, § 1, 2-24-14)

(a)

Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projections of sills, belt courses, cornices, buttresses, ornamental features, chimneys and flues and eaves, but none of these projections shall project into a minimum side yard more than 24 inches.

(b)

On double frontage lots, the required front yard shall be provided on each street.

(c)

Open or enclosed fire escapes, fireproof outside stairways and balconies may project into a minimum yard or court not more than three and one-half feet.

(d)

Where an official line has been established by an official action of the proper authority for the widening or opening of a street or major thoroughfare upon which a lot abuts, the depth of a front yard shall be measured from such official line to the nearest line of the building.

(e)

The minimum yard, court, or open space required by this section for each building shall not be encroached upon, nor considered as a yard, court, or open space for any other building.

(Ord. No. 2014-0224, § 1, 2-24-14)

Buffer areas are required to reduce potential incompatibility between dissimilar zone districts that are adjacent to each other. Similarly, the granting of conditional uses within some zone districts may require buffer requirements, if the proposed conditional use is deemed to have a potential negative effect upon existing and adjacent land uses.

(a)

Buffer areas. Buffer areas, when required, shall be established within setback areas and permanently maintained under the following provisions:

(1)

A planted evergreen area combining trees and shrubs with existing vegetation or a landscaped earthen berm is required and intended for permanent maintenance;

(2)

The buffer shall not be less than 20 feet wide measured at right angles to property line(s) of the subject lot;

(3)

Be landscaped with trees, shrubs, flowers, grass, stone, rocks and other landscaping materials;

(4)

Be free of structures other than a fence, and not be used for parking, utility easements, or drainage improvements, unless the applicant can demonstrate that these improvements are necessary;

(5)

The natural topography of the land shall be preserved and natural growth shall not be disturbed beyond that which is necessary to prevent a nuisance, or to thin this natural growth where too dense for normal growth, or to remove diseased or dangerous and decayed timbers. A slope easement may be cleared and graded where required to prevent soil erosion.

(b)

Where, by reason of the topography of the land or by reason of the prior removal or lack of timber and foliage, the owner of the buffer area may be required to erect a permanent wall or fence of not less than six feet in height or screen of evergreen plantings, so designed and developed to provide visual screening. These plantings shall consist of evergreen shrubs which will, with normal growth, attain a height of six feet within three years.

(c)

The width of a buffer, resulting from a review under the terms of this ordinance, can exceed minimum setback distances by not more than 25 percent.

(d)

Trees and shrubs planted within the buffer shall be maintained so that their foliage shall not encroach upon adjacent properties.

(Ord. No. 2014-0224, § 1, 2-24-14)

(a)

A fence, wall, or hedge erected, placed, or maintained on any lot line or within any front, rear, or side yard in any residential zone district shall not encroach upon adjacent properties and shall not exceed a maximum height of six feet, measured from the natural grade of the adjacent lot or the subject lot (whichever is lower), except as follows:

(1)

Where a residential lot abuts a business or industrial lot upon which a business is located:

a.

Where peculiar circumstances warrant approval by the mayor and council.

b.

Particular restorative covenants provide for an aesthetic scheme or design.

(b)

See section 4.7 regarding site distance at intersections.

(Ord. No. 2014-0224, § 1, 2-24-14)

(a)

All motor vehicle service stations shall conform to the following requirements:

(1)

All pumps shall be set back at least 15 feet from the right-of-way line, or where a future widening setback line has been established, this setback shall be measured from such line. Pumps shall be set back at least 15 feet from any property line.

(2)

The number of curb breaks shall not exceed two for each 100 feet of street frontage, each having a width of not more than 30 feet or less than 25 feet and located not closer than 15 feet to a street intersection. Two or more curb breaks on the same street shall be separated by an area of not less than ten feet.

(3)

When the station abuts a residential district, it shall be separated therefrom by a solid wall or equivalent planting screen at least six feet high.

(Ord. No. 2014-0224, § 1, 2-24-14)

(a)

Satellite receiving dish antenna shall be allowed in all zoning districts.

(b)

However, in all residential zones, the following requirements will apply:

(1)

Antenna will be erected only in a rear yard and the setback requirements from the property line will be the same as those required of an accessory building.

(2)

May be placed in the side yard if attached to principal building.

(3)

The location of any antenna under this subsection shall be in compliance with the stated criteria or shall be subject to enforcement proceedings allowed by this ordinance.

(4)

Dish antennas which are attached to the principal dwelling and are 18 inches or less in diameter are exempt from the regulations of this subsection.

(c)

In all other zoning districts, antenna will be so placed as not to create a hazard to traffic or public utilities.

(d)

A property owner who has in place a nonconforming antenna at the effective date of this ordinance may continue to maintain the antenna, provided it complied with prior ordinances.

(Ord. No. 2014-0224, § 1, 2-24-14)

Appearance standards shall apply to all single-family detached dwellings including site-built housing, industrialized housing, and manufactured homes. Any housing qualifying as a single-family detached dwelling shall meet the following compatibility standards to protect and preserve the overall character of established neighborhoods and the property values of the residential area. Approval shall be granted upon the finding that such dwelling shall meet or exceed the appearance standards as shown on Table 4.13: Appearance Standards for Single-Family Detached Dwellings.

TABLE 4.13
Appearance Standards for Single-Family
Detached Dwellings*

* The standards in Table 4.13 are not applicable to the manufactured home units within a manufactured home park unless all such units are owned by the owner of the manufactured home park.

Notes:

(1)

The roof shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built-up gravel materials or other materials approved by the building inspector. Corrugated metals or plastic panels are prohibited. Colored metal roofing materials from the following are acceptable: Exposed fastened panels, standing seam metal roofing, commercial metal roofing, metal shingles and metal shake roofing and metal tile roofing.

(2)

The exterior siding materials shall consists of brick, wood, masonry, concrete, stucco, masonite, metal or vinyl lap or other materials of like appearance, but shall not include corrugated metal or plastic panels.

(3)

The permanent foundation shall meet the requirements of the standard building code and the home cannot be built upon a frame and must have outside load-bearing walls.

(4)

For a manufactured home, a poured in place footing shall support interior load bearing piers and a curtain wall (brick, masonry, or stucco) unpierced except for the required ventilation and access must be installed and maintained in perpetuity so that it encloses the area under the manufactured home to ground level. See section 9.4(b).

(5)

All towing devices, wheels, axles, and hitches must be removed.

(Ord. No. 2014-0224, § 1, 2-24-14)

In all districts which abut the floodway district there is an overlapping district which includes that land which is subject to flood. This area outside the floodway is the floodway fringe. Any use of land which lies within the floodway fringe must meet the requirements of the district in which it lies, all other requirements of law, and is also subject to the following regulations:

(a)

No building or structure shall be erected and no existing building or structure shall be extended or moved unless the main floor of the building or structure is placed at least two feet above the elevation subject to flood.

(b)

No basement floor (except a garage floor) shall be constructed below the elevation subject to flood.

(c)

Foundations of all structures shall be designed to withstand flood conditions at the site.

(d)

Flood elevation certificate by professional engineer or state licensed surveyor.

(Ord. No. 2014-0224, § 1, 2-24-14)