(a)

In this chapter, bulk requirements are expressed in terms of maximum structure height, maximum lot coverage, minimum setbacks and minimum front, side and rear yards. No structure, or part thereof, shall hereafter be built, or moved or remodeled, and no structure or land shall hereafter be used, occupied, arranged or designed for use of occupancy:

(1)

So as to exceed the maximum lot coverage percentage, or the maximum of structure height specified for the zoning district in which the structure is located;

(2)

So as to provide any setback or front, side or rear yard that is less than that specified for the zoning district in which such structure or use of land is located or maintained;

(3)

Which is smaller in area than the minimum area, or minimum lot area per dwelling unit, required in the zoning district in which the structure or land is located;

(4)

Which is narrower than the minimum lot width required in the zoning district in which the structure or land is located; or

(5)

Which is shallower than the minimum lot depth required in the zoning district in which the structure or land is located.

(b)

No existing structure shall hereafter be remodeled so as to conflict or further conflict with the lot area per dwelling unit requirements for the zoning district.

(Code 1966, § 36-500)

If a zoning lot is, or will be, occupied by a permitted use without structures, then the minimum setback and minimum side and rear yards that would otherwise be required for such zoning lots shall be provided and maintained unless some other provision of this chapter requires or permits a different minimum setback, front, side or rear yard. The front, side and rear yards shall not be required on zoning lots used for garden purposes without structures, or on zoning lots used for open public recreation areas.

(Code 1966, § 36-501)

(a)

No part of the lot area, or of a yard, or other open space, or off-street parking or loading space provided in connection with any structure or use in order to comply with this chapter shall, by reason of change of ownership or otherwise, be included as part of the minimum lot area or of a yard, or open space, or off-street parking or loading space required for any other structure or use, except as specifically provided herein.

(b)

All of the lot area and all yards and other open spaces provided in connection with any structure or use in order to comply with this chapter shall be located on the same lot as such structure or use.

(c)

No part of the lot area, or of a yard, or other open space, or off-street parking or loading space provided in connection with any structure or use (including, but not limited to, any structure or use existing on the effective date of this chapter or of any amendment thereof) shall be subsequently reduced below, or further reduced if already less than, the minimum requirements of this chapter for the equivalent new construction.

(Code 1966, § 36-502)

The following shall not be considered to be obstructions when located in a required yard:

(1)

In all yards. Open terraces not over thirty-six (36) inches above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch; awnings or canopies; steps thirty-six (36) inches or less above grade which are necessary for access to a permanent structure or for access to a lot from a street or alley; arbors and trellises; flagpoles; and signs, when permitted by article X of this chapter.

(2)

In any yard except a front yard. Accessory uses permitted by article IV of this chapter; recreational and laundry drying equipment; and open space and enclosed fences not exceeding six (6) feet in height. If any provision in this chapter requires a fence in a front yard, or a fence that has a minimum height in excess of five (5) feet, then such fence shall be a permitted obstruction within the meaning of this section.

(3)

In front yards. Open, unenclosed porches projecting eight (8) feet or less and fences on corner or double frontage lots in accordance with the requirements of section 8-407(1).

(Code 1966, § 36-503; Ord. No. 80-8795, § 1, 6-23-80; Ord. No. 81-8842, § 1, 3-23-81)

Notwithstanding any other provision of this chapter, none of the following public utility or public service uses shall be required to comply with the lot size requirements and bulk regulations of the zoning district in which they are located:

(1)

Cable TV poles;

(2)

Electric and telephone substations and distribution systems;

(3)

Gas regulator stations;

(4)

Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar equipment for the transmission of electricity, gas or water;

(5)

Pumping stations;

(6)

Radio, television and microwave transmitting or relay stations and towers;

(7)

Transformer stations;

(8)

Water towers or standpipes;

(9)

Any other similar use.

(Code 1966, § 36-504)

See sections 35-51 et seq.; for regulations concerning obstructing visibility at intersections.

(Code 1966, § 36-505)

(a)

On any corner lot in the R, R-1, R-2, R-2.5, R-3 and MH-S districts a single-family or two-family dwelling shall be required to maintain a front yard setback adjacent to only one (1) street. The front yard setback shall be required adjacent to the street abutting the principal entrance which shall be identified as the official address assigned to the property. For the non-address side of a corner lot, the following setback requirements shall apply:

(1)

When the non-address side of a dwelling is on a residential or collector street, the required front yard setback may be reduced to fifteen (15) feet if the lot is back to back with another corner lot and to twenty (20) feet in every other case.

(2)

All detached garages, attached garages and carports facing the street on the non-address side of a dwelling shall be set back at least twenty (20) feet from the property line.

(b)

In the case of a corner lot which is a platted lot of record that is fifty (50) feet in width or less, one (1) of the two (2) required front yards may be reduced to no less than fifteen (15) feet, subject to the requirements of subsection (2) above relating to garage setbacks.

(Ord. No. 95-9709, § 1, 10-16-95)

(a)

Erecting, maintaining for spite prohibited. No person shall erect or maintain any fence, wall or hedge for the definite purpose of annoying any other person, or for the purpose of injuring another by obstructing the view, shutting out the sunshine, hindering ventilation or causing inconvenience in any other manner.

(b)

Electrical fences prohibited. No electrically charged fence shall be erected or maintained.

(c)

Erecting, maintaining on public property. No privately owned fence, wall or hedge shall be erected or maintained on any public property; provided however, a split rail fence not exceeding a height of three (3) feet may be erected within the right-of-way of a local residential street when placed at least six (6) feet from the curb or traveled way.

(d)

Hedges along streets, alleys. It shall be unlawful for the owner or occupant of any real estate in the city to permit or allow any hedge standing or growing thereon as a fence along any of the public streets or alleys of the city to be or become more than three (3) feet in height or to permit or allow the same to extend into the streets or alleys more than one (1) foot.

(e)

Fences classified. For the purposes of this article, fences are hereby classified into the following types:

(1)

Class 1. Masonry walls;

(2)

Class 2. Ornamental iron;

(3)

Class 3. Woven wire or chain link;

(4)

Class 4. Wood picket or split rail (more than fifty (50) percent open);

(5)

Class 5. Solid fences (wood or metal less than fifty (50) percent open).

(f)

Requirements for fences, hedges enclosing dwelling plots. In any location zoned residential, fences shall conform to the following requirements:

(1)

Front yard. Front yard fences and hedges erected in front of the required front yard building line (see article VI, district regulations) shall be of any class. Class 2, 3 and 4 fences shall not exceed a height of four (4) feet; class 1 and 5, fences shall not exceed a height of three (3) feet. Fences and hedges on corner lots in which the rear yard abuts the front yard of the adjoining lot shall conform to the requirements for front yard fences and hedges for such part of the fence or hedge as abuts the adjoining front yard.

a.

Fences on corner lots. Where a property is located on a corner lot, thus requiring compliance with two (2) or more front yards, a solid fence may be erected, not to exceed six (6) feet to height along the nonaddress front yard extending to the property line. Such fence shall not be erected in violation of section 42-81, obstructing visibility at intersections.

b.

Fences on double frontage lots. Where a property consists of a lot where two (2) opposite lot lines abut public streets which are more or less parallel and thus requires compliance with two (2) front yard setbacks, a solid fence may be erected not to exceed six (6) feet in height along the yard which has been designated as the rear yard by the owner or developer. When one (1) of the streets abutting such a lot has been officially designated by the city as an arterial street, said fence shall not be erected in violation of section 42-81, obstructing visibility at intersections.

(2)

Side yard. Side yard fences erected back of the required front yard building line and within the required side yard of the lot (see article VI, district regulations) may be of any class not over six (6) feet in height. The height restrictions herein provided shall not be applicable to planting of shrubs and/or trees used as a hedge.

(3)

Rear yard. Rear yard fences and hedges erected along the rear property line may be of any class not over eight (8) feet in height, except as provided by subsection (1). The height restrictions herein provided shall not be applicable to planting of shrubs and/or trees used as a hedge.

(4)

Prohibited fences. No barbed wire or other sharp pointed fences shall be erected or maintained in any residential or commercial district, except for those listed in subsection (g).

(5)

Fences on retaining walls. In case of a fence erected on top of a retaining wall, the height shall be measured from the grade of the low side; provided, that in any case, a fence of class 2, 3, 4, or 5 may be erected on top of a retaining wall to a height not to exceed six (6) feet above the grade of the high side.

(6)

Retaining walls. Retaining walls shall be adequately designed and drained so as to resist all lateral pressure to which they may be subjected. Retaining walls shall not be built higher than the grade of the ground on the high side of the wall when such would exceed the height allowed for a class 1 fence, the height of which is measured from the low side of the wall.

(7)

Variations. When, in the judgment of the board of zoning appeals, the public health, safety and welfare will be substantially served, the neighborhood property will not be materially damaged, and a certified copy of a written agreement between neighboring property owners has been filed with the board of zoning appeals, it may, at its discretion vary the requirements herein; provided, that no violation of chapter 42 may be permitted.

(g)

Barbed wire. Barbed wire fences may be installed in industrial districts provided that the barbed wire must be installed at a height of no lower than six (6) feet from the ground. In addition, for security purposes, the following uses may be enclosed by fences containing barbed wire at a height no closer than six (6) feet from the ground regardless of whether they are located in a residential, commercial or industrial district:

(1)

Airports;

(2)

Armories and other military installations;

(3)

Contractor's storage yards;

(4)

Correctional facilities;

(5)

Public water and wastewater facilities, including water tower sites;

(6)

Public utility substations;

(7)

Radio, television, microwave transmitting and communication tower sites;

(8)

Secured storage facilities (mini-storage, RV storage and warehouses);

(9)

Vehicle and equipment storage yards.

(h)

Requirements for commercial and industrial fences. Commercial or industrial fences may be of any class and the height thereof shall not exceed ten (10) feet; provided that when such fences are built in required front yard setback spaces (see article VI, district regulations), they shall be limited to class 3 type fences which shall not exceed a height of eight (8) feet unless the fence is required elsewhere in this chapter for screening purposes. A fence required for screening purposes shall be of class 5 type construction. See section 42-79 regarding required obstructions in front yards.

(i)

Maintenance of fences. Fences shall be kept in repair and any dilapidated, dangerous or unsightly fence shall be removed or repaired when so ordered by the zoning administrator or his or her designee.

(j)

Violations declared nuisances; removal. Any fence, hedge or wall erected or maintained in violation of the provisions of this article is hereby declared to be a nuisance and shall be removed by the owner thereof within five (5) days after receipt of notice from the zoning administrator or his or her designee to remove same.

(Ord. No. 04-10217, § 1, 10-11-04; Ord. No. 07-10399, § 1, 7-23-07)

Editor's note— Ord. No. 04-10217 adopted § 42-83, formerly §§ 8-402—8-411.