The purpose of this section is to prevent or alleviate the congesting of the public streets and highways and promote the safety and welfare of the public by establishing minimum requirements for highway setback, off-street parking and unloading in accordance with the use to which the property is put.

(Prior Code, § 17.60)

(a)

Structures prohibited within setback lines. No new building, new sign or other new structure or part thereof shall be placed between the setback lines established by this article and the highway except as provided by this article, and no building, sign, or structure or part thereof existing within such setback lines on the effective date of the ordinance from which this article is derived, shall be altered, enlarged, or added to in any way that increases or prolongs the permanency thereof, or be reconstructed in its original existing location after having been destroyed by fire, storm, or other catastrophe to the extent of 50 percent or more of its assessed value.

(b)

Structures permitted within setback lines.

(1)

The following kinds of structures may be placed between the setback line and the highway:

a.

Open fences.

b.

Telephone, telegraph, and power transmission poles and lines, pad mounted transformers and micro-wave relay structures may be constructed within the setback lines and additions to and replacements of existing structures may be made, provided the owner will file with the city an agreement in writing to the effect that the owner will remove all new construction, additions, and replacements erected after the adoption of the ordinance from which this article is derived at his expense, when necessary for the improvement of the highway.

c.

Underground structures not capable of being used as foundations for the future are prohibited over ground structures.

(2)

This subsection shall not be interpreted so as to prohibit the planting and harvesting of field crops, shrubbery or trees; provided; however, that no building or structure, trees or shrubbery shall be so located, maintained or permitted to grow in the clear sight triangle.

(c)

Clear sight triangle. The clear sight triangle is a triangle formed by the right-of-way lines of two intersecting streets and a straight line. The third straight line shall connect with the street right-of-way lines at points 20 feet from the intersection of the street right-of-way lines. In the clear sight triangle, obstruction shall not be permitted between the heights of 30 inches and ten feet above the mean street grade. Any hedge, tree, shrub, or growth which exceeds such 30 inches is hereby declared a public nuisance.

(d)

Setback distances. Except as otherwise provided, the distance from the right-of-way line to the setback line applicable to the various classifications of highways shall be provided by the following paragraphs of this subsection, respectively. Whenever a highway is improved to a classification requiring a greater setback distance than that required by this article prior to such improvement, the setback distance shall be that applicable to the later classification. In cases where the provisions of this section may be interpreted to provide for different setback distances, the greater setback distance shall prevail.

(1)

Along highways generally. The minimum setback distances from the road easement or the right-of-way line, at any point, for the respective classes of highways shall be as follows:

a.

Class 1 Highways (city roads), setback distance: 30 feet.

b.

Class 2 Highways (county trunk highways), setback distance: 30 feet.

c.

Class 3 Highways (state trunk highways), setback distance: 35 feet.

(2)

On corner lots recorded in the county register of deeds' office, at the time the ordinance from which this chapter is derived was adopted, may provide only 50 percent of the required setback on the side yard adjacent to the highway.

(Prior Code, § 17.61)

(a)

In all zoning districts, unless otherwise herein provided, all newly established uses and all uses which are expanded shall provide off-street parking and unloading space in accordance with the standards set forth in this section.

OFF-STREET PARKING AND LOADING STANDARDS

(b)

Each regular parking stall shall be no less than ten feet in width and 20 feet in length with a total square footage not to be less than 200 square feet. Parking stalls to accommodate handicapped persons shall be designed with dimensions and area in accordance with state law.

(Prior Code, § 17.62)

There shall be provided at the time any building is erected or expanded, off-street loading space in accordance with the following requirements. For the purpose of this section, a loading space will be so designed and maintained as to accommodate the type of delivery vehicles contemplated, but shall not be less than 12 feet wide and 30 feet in length, shall be hard surfaced with a dustless all-weather material capable of bearing a live load of 200 pounds per square foot, shall be located on the same lot as the use served and shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement and shall be subject to approval by the city council.

(Prior Code, § 17.63)