A.   Public or semipublic buildings, churches, hospitals, sanatoriums, or schools may be erected to a height not exceeding forty feet (40'), or three (3) stories; provided, that where they are located in any residence district, they must be set back from each property line at least one foot (1') for each foot of additional building height above the limit for the district, in addition to the other front and side yard requirements of the district.

   B.   Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, radio and television aerials or antennas, wireless masts, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than twenty five feet (25') the height limits of the district in which it is located; except, that aerials or antennas designed to aid home television reception may be erected to a height not to exceed sixty feet (60') from the ground level, provided said aerial or antenna is attached to the building or erected in the rear yard area. (Ord., 5-13-1968)

   A.   Every building hereafter erected or structurally altered to provide dwelling units shall be located on a "lot" as defined in section 9-1-2 of this title, and in no case shall there be more than one such building on one lot unless otherwise provided.

   B.   No building shall be constructed or erected upon a lot or parcel of land which does not abut upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of twenty five feet (25'), unless an easement of lesser width was of record or of established use for seventeen (17) years prior to the effective date hereof.

   C.   No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling; except, that if a two-story garage has living quarters upon the second floor, such quarters may be occupied by a servant (and his family) of the family occupying the main structure. There may also be constructed a guesthouse (without kitchen) or rooms for guests within an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others as a housekeeping unit.

   D.   No private property located in an R residential district shall be used as a vehicular accessway to any parcel located in any B or I district. (Ord., 5-13-1968)

Notwithstanding any other provisions in regard to setbacks in residential areas as are set forth in this title, if sixty percent (60%) of any defined residential block is improved with buildings at the effective date hereof and the entire improved frontage shall have been established to a setback line which is appropriate to the residential district in which the property is located, then the setback existing at the effective date hereof shall be accepted as a proper minimum, and no hearing for variation shall be required to permit the construction of a building or structure conforming to the existing setback. (Ord., 5-13-1968)

   A.   No space which, for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this title, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court, or other open space requirement of or for any other dwelling. (Ord., 5-13-1968)

   B.   An open terrace, but not including a roofed over porch or terrace, may occupy a front yard, provided the unoccupied portion of the front yard has a depth of not less than fifteen feet (15'). A one-story bay window may project into a front yard not more than three feet (3'). Overhanging eaves, including gutters, may project into the minimum required side yard not more than eighteen inches (18"). (Ord., 5-13-1968; amd. Ord., 11-8-1982)

   C.   The minimum yard or other open space, including lot areas per family required by this title, for each and every building existing at the effective date hereof or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.

   D.   Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projections of skylights above the bottom of such yard or court, and except for the projections of sills, belt courses, cornices and ornamental features not to exceed twenty four inches (24"). (Ord., 5-13-1968)

Accessory buildings, except as otherwise permitted in this title, shall be subject to the following regulations:

   A.   Where an accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this title applicable to the main building.

   B.   An accessory building may not be located nearer than three feet (3') to any interior lot line and not nearer than five feet (5') to the rear lot line.

   C.   No detached accessory building shall be located closer than ten feet (10') of any main building.

   D.   An accessory building shall not be erected prior to the establishment or construction of the principal use of the building.

   E.   No accessory building shall be located within the required front yard. (Ord., 5-13-1968)

   A.   Permit Requirements: No fence shall be constructed without first obtaining a building permit. A fee of twenty five dollars ($25.00) shall be due upon issuance of the permit. Before a permit can be issued, it is the responsibility of the property owner that is constructing the fence to provide to the Zoning Board proof of the location of the property lines that the fence will be bordering.

   B.   Positioning Of Fence Supports, Posts And Beams: All fences shall be erected so that the supports, posts, and beams are inside the fence on the owner's side. The cosmetic side shall face the neighboring property.

   C.   JULIE To Be Notified: It is the responsibility of the property owner erecting the fence to notify JULIE before excavation for the fence posts and supports is done.

   D.   Residential And Ornamental Fences: Fences are permitted in residential districts, but shall not in any case be permitted in front yards (except as set forth below) nor exceed a height of six feet (6'). Fences are permitted in front yards, provided they do not exceed three feet (3') in height, and are of open or rail construction that does not restrict motor vehicle driver or pedestrian visibility. No fence shall be constructed closer than two feet (2') to any property line. The owner of the fence shall be responsible for maintenance of the area between the fence and the property line.

On any corner lot where a front or side yard is required or provided, no building, fence or hedge or other obstruction shall be placed so as to interfere with clear vision in a motor vehicle from one street to the other across the corner. (Ord., 5-13-1968; amd. 2015 Code)

No satellite dish shall be located within the required rear yard and shall not be located in a rear or side yard closer than six feet (6') to the interior lot line or six feet (6') to the rear lot line, and shall not exceed fifteen feet (15') in diameter or two hundred (200) square feet in area. (Ord., 10-11-1983)

   A.   Wind generators must be installed on a building or in the back yard.

   B.   The sound emitted from a wind generator must be no more than fifty (50) decibels at the lot line. (Ord., 11-8-1982)

   A.   A landowner has the right to do certain things to improve the drainage on his land. He can: 1) widen, deepen, and clean natural depressions that carry his surface water; 2) straighten out channels on his own property and accelerate the movement of surface water, so long as he does not change the natural point of entry on lower land; 3) drain ponds or standing water in the direction that they overflow; 4) tile his property to expedite the flow of water so long as he does not change the point of entry on lower land, bring in water from another watershed, or connect his tile to the tile of other owners without consent; 5) fill ponds or low places where water may stand and force water out into natural drainage channels; 6) expedite the flow of surface waters through natural lines of drainage by either open or closed drains, into a watercourse or stream; 7) construct grass waterways, check dams, terraces, or other soil conservation structures.

   B.   There are some things a landowner must not do to the lands that surround him. He must not: 1) dam or obstruct a natural channel so that the escape of surface water from higher land is retarded or so that the channel is shifted; 2) divert water to lands that do not naturally receive his drainage; 3) change the point of entry of surface water on lower land; 4) bring in water from another watershed that would not have flowed across lower land in a state of nature; 5) pollute any waters that pass from his land through the property of others, whether surface or underground waters, streams, or diffused waters; 6) connect tile with other owners' tile lines or with highway tile lines without consent; 7) dam up or impound large bodies of water which escape and cause serious damage to owners on lower lands, even though such waters may escape through natural channels; 8) accelerate the flow of water needlessly or with malicious intent to the material damage of the owner of lower land, even though the flow is accelerated through natural channels. (Ord., 11-8-1982)

No basement shall be occupied as living quarters until a story above grade has been completed and is ready for occupancy. (Ord., 5-13-1968)

Nothing in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date hereof and upon which building actual construction has been diligently carried on; and provided further, that such building shall be completed within two (2) years from the effective date hereof. (Ord., 5-13-1968)

Any separate tract, the title of which was of public record at the effective date hereof, that does not meet the requirements of this title for yards, courts or area of lots may be utilized for single-family residence purposes. (Ord., 5-13-1968)

Nothing contained herein shall impose restrictions or require a permit with respect to land used or to be used for agricultural purposes, or with respect to the erection, maintenance, repair, alteration or remodeling of buildings or structures to be used for agricultural purposes upon such land; except, that such buildings or structures for agricultural purposes must conform to building or setback lines. (Ord., 5-4-1981)

The installation of above ground swimming pools shall require a building permit (but no fee shall be charged for the building permit). All swimming pools, but specifically excluding wading pools, are to have a fence around them at least four (4) feet high with a lockable entrance. Material of the fence is to be nonclimbable and shall conform to section 9-4-6. E of this city code, fence materials. The setbacks are to be the same as for accessory buildings. The owner of an aboveground pool need not install a fence if access to the pool is by a removable ladder, retractable ladder or self locking ladder. It shall be the responsibility of the owner of such aboveground pool to remove and secure, retract or lock the ladder when the pool is not in use. (Ord. 2024-11-11, 11-11-2024)