(a)

In any zoning district, the maximum height of any building shall be limited by the standards listed in table I, section 102-519, in order to protect the visual integrity of residential areas, to protect solar access and to ensure that buildings are within the range of firefighting apparatus.

(b)

Exceptions to building height limits may be granted when the proportion of the building proposed above the regulation height is not used for residential purposes and has an internal sprinkler system approved by the fire chief or does not contain combustible materials or is needed to permit solar energy collectors.

(Code 1976, § 29-90)

In any zoning district, the minimum lot and yard dimension shall be limited by the standards listed in table I, section 102-519. These standards establish maximum densities of buildings and minimum separation of buildings to preserve the character of established neighborhoods and developing areas, to ensure accessibility to all parts of the building in emergencies, to prevent fire from spreading from one building to another, to ensure that adequate open space and yards are provided for each dwelling unit, and to provide adequate space for buffer areas and screening between incompatible uses.

(Code 1976, § 29-91)

The code enforcement officer shall determine the yard requirements on irregularly shaped lots, but in no case shall the yard be less than the minimum permitted in the zoning district. These setbacks shall generally follow parallel to the shape of the lot, but in no case shall the distance between the front and rear yards be less than 40 feet or the distance between the side yards be less than 40 feet.

(Code 1976, § 29-92)

(a)

In any zoning district, no lot shall be covered with surface or material that is impermeable to rain more than the percent allowed in table I in this section, but in no case shall stormwater drainage exceed that allowed under subsection 102-12(b). This reduces the amount of stormwater that could runoff of the lot due to building, driveway, patios, and sidewalk surfaces, and maintains a minimum amount of open space and landscape area.

(b)

Upon review, the percentage of lot coverage may be reduced through the variance procedure when the lot is substandard and the use proposed requires additional area of impervious surface, but in no case shall the rate of discharge of stormwater exceed that allowed under subsection 102-12(b).

(Code 1976, § 29-93)

TABLE I. BUILDING HEIGHT, LOT DIMENSIONS, YARD, COVERAGE AND FLOOR AREA STANDARDS

(Code 1976, ch. 29, table 10-A)

(a)

Generally. Under this chapter, paved off-street parking spaces shall be provided on each lot according to the schedule of uses in this section. A parking space is nine feet by 20 feet in size. Except for single-family houses and duplexes, all spaces shall be individually accessible with adequate paved space to maneuver for entering and exiting. For buildings that contain a combination of uses, parking requirements shall be considered for each use separately. (Example: A building with a bowling alley and lounge area must provide the required space for the bowling alley and the lounge.) Occupancy capacity shall be as determined by the fire chief.

(b)

Residential uses: The schedule of residential uses and parking spaces shall be as follows:

(1)

Single-family residences: two spaces.

(2)

Duplexes: two spaces per dwelling unit.

(3)

Townhouses: two spaces per dwelling unit.

(4)

Multifamily: two spaces per dwelling unit.

(c)

Commercial and industrial uses: The schedule of commercial and industrial uses and parking spaces shall be as follows:

(1)

Commercial and service uses not elsewhere addressed: one space per 200 square feet of gross area, plus one space per employee on the largest shift, plus one space per vehicle normally stored on the premises overnight.

(2)

General office uses not elsewhere addressed: one space per 200 square feet of gross floor area.

(3)

Entertainment uses not elsewhere addressed: one space per four patrons to the maximum capacity of the facility, plus one space per employee on the largest work shift.

(4)

Industrial, mining, quarrying, warehouse, and distribution uses: one space per employee on the largest shift, plus one space per company vehicle normally left on the premises overnight.

(5)

Bank: one space per 200 square feet of gross floor area, plus space for five vehicles to wait for each off-street drive-in lane, plus one space per employee on the largest work shift.

(6)

Bowling alley: five spaces per lane, plus one space per employee on the largest work shift.

(7)

Cemetery: one space per four persons to the capacity of any chapel, plus one space per employee, plus roadways designed to accommodate parking of cars in funeral processions.

(8)

Church or temple: one space per four seats of maximum capacity.

(9)

Community center: one space per 200 square feet of gross floor area, plus one space per employee on the largest shift.

(10)

Drive-in theater: one space per automobile station, plus one space per employee.

(11)

Funeral home: one space per four patron seats.

(12)

Golf driving range: one space per tee, plus one space per employee.

(13)

Golf course: five spaces per hole, plus one per employee on the largest shift.

(14)

Hospital: two spaces per three patient beds, plus one space per staff doctor and each other employee on the largest work shift.

(15)

Hotel or motel: one space per room or suite, plus one space per employee on the largest work shift.

(16)

Library or museum: one space per 250 square feet of floor area or one space per four seats to the maximum capacity, whichever is greater, plus one space per employee on the largest shift.

(17)

Lumberyard and building supply: one space per 200 square feet of floor area dedicated to display and sales of products and office activities but not of inventory storage, plus one space per employee.

(18)

Meeting and banquet facilities: one space per three persons to the maximum occupancy.

(19)

Nursing home: one space per six patient beds, plus one space per employee on the largest shift, plus one space per staff member and visiting doctor.

(20)

Private club: one space per three persons to the maximum capacity of the facility.

(21)

Restaurant: one space per three patron seats, plus one space per employee on the largest work shift.

(22)

Schools, public or private:

a.

Elementary and junior high: one space per teacher and staff member, plus one space per two classrooms.

b.

Senior high: one space per teacher and staff member on the largest shift, plus one space per five nonbused students.

c.

College: one space per staff member on the largest shift, plus one space per two students of the largest class attendance period.

d.

Day care or nursery: one space per teacher/employee on the largest shift, plus two off-street parking spaces for vehicles to wait per six students.

e.

Commercial or trade: one space per three students, plus one space per employee, including faculty, at capacity class attendance period.

(23)

Skating rink, ice or roller: one space per 300 square feet of gross floor area.

(24)

Swimming facility: one space per 75 square feet of gross water area, plus one space per employee on the largest shift.

(25)

Tavern, lounge, nightclub, and dancehall: one space per two persons to the maximum occupancy of the building.

(26)

Tennis, racquetball, and handball court: four spaces per court, plus one space per employee on the largest shift.

(27)

Theater, auditorium, and arena: one space per three patrons based on maximum capacity. This requirement may be satisfied on a space-by-space basis by a facility's providing written proof that it has the use of a nearby parking lot available to its patrons (e.g., by contractual arrangements). This includes spaces for outdoor amphitheaters.

(28)

Vehicle repair and maintenance services: one space per 400 square feet of gross floor area, plus one space per employee on the largest work shift.

(29)

Veterinary office: three spaces per doctor, plus one space per employee on the largest shift.

(d)

Reduction in number of required off-street parking spaces for large uses. In order to prevent the establishment of a greater number of parking space than actually needed to meet the particular needs of those large uses over 500,000 square feet of gross floor area, a reduction in the number of required off-street parking spaces may be permitted. This reduction shall be permitted subject to the following conditions:

(1)

A maximum reduction of one parking space per every 1,000 square feet of gross floor area or 20 percent of the total spaces required may be permitted. The site plan shall indicate the location and dimensions to the parking area provided.

(2)

Sufficient area must be reserved to provide for the total number of off-street parking spaces required by this section. The purpose of this reservation is to ensure adequate area to meet any future need for additional parking spaces. This reservation shall be provided for by deed-restricting that portion of the site required to provide for the total number of parking spaces on the same property as is being proposed for development. The reserved parking area shall not include areas for required buffer yards, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter. The developer shall provide a landscaping plan for the reserved area.

(e)

Off-site parking in downtown area. Parking spaces for commercial and industrial uses located in the downtown area may be provided within 300 feet of the property when it is not possible to provide them on the site. The downtown area is considered to be that portion of the city north of Second Avenue.

(f)

Curb cuts for access driveways. The location of curb cuts on public streets for all access driveways for ingress and egress to the property shall be approved by the zoning officer. Location and size of the curb cuts shall be based on consideration of traffic, safety, pedestrian safety, internal circulation of vehicles, and suitability of the road and other public facilities in the vicinity.

(Code 1976, § 29-94)

Cross reference— Stopping, standing and parking generally, § 90-196 et seq.

(a)

Under this chapter, all nonresidential uses shall provide paved off-street loading spaces according to the standards in this section. A loading space is ten feet wide, 40 feet long and 14 feet high, and the loading space shall have adequate space for entering and exiting.

(b)

Every retail establishment, industrial or manufacturing use, warehouse, wholesale use, freight terminal, railroad yard, hospital, or sanitarium having an aggregate gross floor area of 6,000 square feet or more shall provide off-street loading facilities as follows:

For each additional 72,000 square feet or fraction thereof of gross floor area, one additional berth shall be provided.

(c)

Every public assembly use, such as auditoriums, convention halls, exhibition halls, stadiums or sports arenas, office buildings, welfare institutions, funeral homes, and restaurants and hotels, with a gross floor area of greater than 30,000 square feet shall provide off-street berths as follows:

For each additional 105,000 square feet or fraction thereof of gross floor area, one additional berth shall be provided.

(d)

At no time shall any part of a truck or van be allowed to extend into the right-of-way of a public thoroughfare while the truck or van is being loaded or unloaded.

(Code 1976, § 29-95)

Cross reference— Stopping, standing and parking generally, § 90-196 et seq.

(a)

Schedule of permitted signs. Signs are permitted in any zoning district according to the following schedule:

(1)

Residential districts. One nonlighted sign not larger than two square feet in area per face indicating the name and address of the occupant is permitted for each dwelling. One additional nonlighted sign not larger than two square feet in area per face may be permitted to indicate the name and nature of a legal home occupation.

(2)

Commercial districts. All permitted uses may display a combination of any two of the following signs to indicate the name and nature of their business: one freestanding sign, one roof sign, one projecting sign, or one wall sign or graphic. Signs shall conform to the standards listed in table II of this section.

Exception. In shopping centers or malls containing more than one business, signs indicating the name and nature of the business shall be permitted according to the following: one freestanding sign per 500 feet of lot frontage, and one wall sign or graphic per 20,000 square feet of retail space contained in the development.

(3)

Manufacturing districts. All permitted uses may display a combination of any two of the following signs to indicate the name and nature of their business: one freestanding sign, one projecting sign, one roof sign, one wall sign or graphic. Signs shall conform to the standards listed in table II of this section.

(b)

Bulletin boards and kiosks. Schools, churches and similar public and semipublic uses may display a bulletin board for announcement of events sponsored or taking place at the site. Kiosks may be erected upon review in certain public areas for the posting of announcements and advertisements. Bulletin boards and kiosks shall conform to the standards of table II of this section.

(c)

Temporary signs. Temporary signs advertising sale of real estate, construction in progress on the site, advertising special sales and promotions occurring on the site or promoting candidates for political office may be permitted in any district. Signs shall conform to the standards of table II of this section. Temporary signs shall be removed immediately after the conclusion of the event or activity they are advertising.

(d)

Billboards. Signs advertising a businesses event, activities that do not occur at the location of the sign or are communitywide in intent shall be permitted in commercial or manufacturing districts, only. Such signs shall not be visible from any residential district. No more than two such signs shall be located per 100 feet of road or street frontage of the primary road the sign is intended to face. Such signs shall conform to the standards of table II of this section.

(e)

Performance standards.

(1)

Location. No person shall place any sign in or projecting over a public right-of-way or utility easement or such that it obstructs the visual sight easement at intersections for any vehicle. No person shall affix any signs to utility poles, trees, or traffic control signs.

(2)

Construction and maintenance. No person shall construct a sign or maintain it such that it presents a hazard to the public.

(3)

Lights. No person shall construct a sign with lighting that by flashing or glare will cause nuisance to any residential use or will cause hazardous conditions for vehicles.

(f)

Exceptions for traffic control signs. All traffic control signs, whether established by federal, state, county or the city highway department or that are placed to regulate traffic within a commercial or industrial development, are exempt from this section.

TABLE II. PERFORMANCE STANDARDS FOR SIGNS

(Code 1976, § 29-96, ch. 29, table 10-B)

Cross reference— Advertising, ch. 6.

(a)

Outdoor storage. In all zoning districts, outdoor storage of materials and equipment shall be screened by a permanent opaque fence with a height in accordance with this section.

(b)

Shared boundaries of certain districts. Along shared boundaries between any residential district and the C-1, C-2 and M-1 districts and between the R-3 and other residential districts there shall be a continuous permanent opaque fence not less than six feet high. This does not pertain to situations where a dedicated alley or street constitutes the boundary. This screening shall be erected on the commercial and manufacturing districts or the R-3 district property as the situation warrants but shall not infringe upon dedicated easements of any type.

(c)

Height and distance requirements. No fence shall be constructed, installed or maintained within one foot of any public sidewalk and shall not exceed the following heights from the ground to the top of the fence:

(1)

Residential zoning districts (excepting corner lots).

a.

Front yard (from building setback to property line)—Four feet.

b.

Rear yard (from rear property line to rear of building)—Six feet.

c.

Side yard (area of yard between front setback and rear yard)—Six feet.

(2)

Corner lots within residential zoning districts.

a.

Front yard (from main entry of building to front property line)—Four feet.

b.

Rear yard (from rear of building to rear property line)—Six feet.

c.

Street side yard (from building to street side yard property line and from front of building to rear of building on street side)—Four feet.

d.

Interior side yard (opposite of street side yard)—Six feet.

(3)

Business, commercial and industrial districts.

a.

Front yard—Six feet.

b.

Rear yard—Six feet.

c.

Side yard—Six feet.

(d)

Performance standards.

(1)

Fences may be made of wood, wire (chain link), or masonry materials and shall be constructed and maintained to provide an opaque visual barrier. Appearance of the fence shall be appropriate to the character of the site and adjoining property and shall be aesthetically pleasing (finished side) to the outside of the enclosed area.

(2)

No fence shall be erected so as to limit the visibility of vehicular traffic.

(3)

The record title holder of any property upon which a fence is to be erected shall be responsible to properly locate property lines and to insure that the fence is located upon their property.

(4)

Old or used building material shall not be permitted to construct any portion of a fence unless such materials are reasonably sound in the judgment of the building inspector.

(5)

Dog run fences shall be no taller than six feet high and a minimum of fifteen feet from the boundary lines of the property. Dog runs shall not be constructed in front yards or street side yards on corner lots.

(6)

A permit fee of $25.00 shall be assessed for construction of any new fence.

(Code 1976, § 29-97; Ord. No. 2005-14, § 2, 7-19-2005)