Every building, hereafter erected or moved, shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(Ord. No. 242-2001, § 5(L), 2-19-2001)

On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as [to materially impede] traffic visibility to interfere the corner. This visibility area shall be a triangle measured 25 feet from the point of right-of-way line intersection. All objects on the ground in said triangle should not exceed two feet in height and vegetation should not droop to less than ten feet from the ground.

(Ord. No. 242-2001, § 5(M), 2-19-2001)

Editor's note— [Concerning] fences, walls, and hedges, refer to the city's [fencing provisions] for specific restrictions

The regulations contained herein relating to the height of buildings or structures and the size of yards and other open spaces shall be subject to the following exceptions:

(1)

Churches, schools, and other public and quasi-public buildings may be erected to a height not exceeding 60 feet or five stories, provided the front, side, and rear yards required in the district in which such a building or structure is to be located are each increased at least one foot for each foot of additional height above the height otherwise established for the district in which such building or structure is to be located.

(2)

Chimneys, cooling towers, church steeples or spires, tanks, water towers, television antennas, microwave radio relay or broadcasting towers, television antennas, microwave radio relay or broadcasting towers, masts or aerials, and necessary mechanical appurtenances are hereby excepted from the height regulations of this section.

(3)

When a lot has an area less than the minimum number of square feet per family, as required for the district in which it is located, and was of record as such at the time of the passage of the ordinance [from which this chapter is derived], such lot may be occupied by one family subject to the setback, rear yard, and side yard regulations for the district in which it is located.

(Ord. No. 242-2001, § 5(O), 2-19-2001)

(a)

In order to provide maximum safety to pedestrians and motorists at intersections and at ingress and egress points from public streets, highways, and alleys to private property, to conserve and protect the value of adjacent land and buildings, to protect aesthetic views and vistas, to secure hazardous areas from unauthorized entry, to contain livestock and other agricultural activities, and to screen and protect permitted outside materials storage areas, the following regulations are prescribed for the location, type, and height of regulated required and non-required screening elements and fences. The term "screening element" as used herein is defined in section 34-3. The term "fence" as used herein is defined in the city's fence ordinances.

(b)

Traffic visibility at intersections. On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of the intersection.

(c)

Traffic visibility at interior lots. On an interior lot in any district, nothing shall be erected placed, planted, or allowed to grow in such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley, or private street or driveway from or to adjacent private property.

(d)

Residential districts, general.

(1)

Screening elements and fences shall be restricted to a maximum height of six feet, measured from the adjacent grade line, except as otherwise allowed.

(2)

Nonresidential uses in a residential district shall be suitably screened from view, to a height not less than six feet nor more than eight feet from any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use. Said screening requirements shall not be mandatory for public schools, parks or churches, except where a parking lot or active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Parking lot screening need not be more than 3½ feet in height. Off-street loading areas of any nonresidential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use.

(e)

Nonresidential districts, general.

(1)

Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use, or district shall be suitably screened by the residential lot, use, or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than six feet nor more than eight feet.

(2)

Where a district boundary separating a residential district from a nonresidential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use, or district shall be suitably screened to a height of not less than 3½ feet.

(3)

Where garbage, refuse, and trash collection/storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six feet nor more than eight feet in height.

(4)

In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six feet nor more than eight feet in height.

(5)

Off-street loading areas shall be adequately screened from view of any residential dwelling or of any other adjacent residential land use.

(6)

No screening element comprised of brick, masonry, concrete or solid metal shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service, or drainage way, within the easements reserved therefore.

(7)

All required screening elements shall be permanently and adequately maintained by the nonresidential property owner.

(f)

Barbed wire fences.

(1)

Barbed wire fences used in conjunction with permitted agricultural and related activities and in industrial districts are permitted without restrictions, but are expressly prohibited in all other districts except as provided below.

(2)

Barbed wire strands may be placed on top of permitted fences and screening elements in an industrial or general commercial district for the purpose of security from theft, entry, and hazard around public utility substations and uses of a similar nature, provided the top strand is not higher than eight feet nor the bottom strand lower than six feet from the adjacent grade line.

(Ord. No. 242-2001, § 24(A), 2-19-2001; Ord. No. 344-2008, § 1, 6-9-2008)

The following regulations shall govern the location, size, and use of any accessory buildings:

(1)

No accessory building shall be erected in any required yard area as stipulated in this chapter, except as allowed in this section.

(2)

No accessory building shall be erected within ten feet of any other building, except detached residential garages may be located within five feet of the main dwelling, and except as the provisions of subsection (5) of this section are met.

(3)

No detached residential garage or carport shall be erected or placed closer to any street or alley right-of-way line than the minimum yard requirements (building set-back line) governing the district in which such garage or carport is located.

(4)

No detached residential garage or carport shall be erected or placed within eight feet from any side lot line.

(5)

Residential accessory buildings and sheds housing domestic lawn and garden equipment and all other household effects may be detached or attached to the main building, but shall not encroach in any required front yard, and may not occupy more than 30 percent of the rear yard.

(6)

No accessory building shall be higher than the main building and in no case be in excess of 18 feet in height.

(7)

No accessory building shall be erected or placed within three feet of any side or rear lot line and shall not encroach upon any easement.

(Ord. No. 242-2001, § 24(B), 2-19-2001)

(a)

Open or lattice enclosed fire escapes may project into a required yard not to exceed five feet. The ordinary projections of chimney's pilasters shall be permitted by the city secretary when placed so as not to obstruct light and ventilation.

(b)

Terraces, balconies, decks, uncovered porches and ornamental features, which do not extend more than four feet from the side wall line and being at least seven feet above the floor level of the ground (first) story, may project into a required side yard, provided these projections be a distance at least four feet from any adjacent side lot line. Such features may not project onto a required front or rear yard more than eight feet from the front or rear wall line.

(c)

An unenclosed porch containing not more than 40 square feet may project into a required front yard for a distance not to exceed five feet.

(d)

A carport or canopy may project into a required side yard, provided every part of such carport or canopy is unenclosed, except for necessary structural supports, and not less than five feet from any side lot line.

(e)

Every part of a required yard shall be open to the sky, unobstructed by a building, except for the ordinary projections of sills, belt courses, cornices, and ornamental features not exceeding twelve inches, or as otherwise excepted in subsections (a) through (d) of this section.

(Ord. No. 242-2001, § 24(C), 2-19-2001)

No other structures on land zoned R1, R2, R3, or R4 shall be higher than the primary residence, and in no case in excess of 18 feet in height.

(Ord. No. 242-2001, § 24(E), 2-19-2001; Ord. No. 344-2008, § 1, 6-9-2008)

(a)

Defined. "Carport" shall mean a structure which is allowed between the property line and the required front build line, is unenclosed by any coverings on at least three sides, and is not an integral portion of the primary structure, constructed for the purpose of providing covering for the off-street parking of private vehicles.

(b)

Regulations. All carports constructed prior to the enactment of the ordinance, and which comply with other applicable provisions of the city code; are considered lawfully existing uses. All carports constructed on or after the effective date of the ordinance codified in this section inside the Original Town of Venus, Venus Land and Improvement Addition, and Truelove Addition Johnson County Overlay District shall comply with the regulations set forth in this section, and other applicable provisions of this Code.

(1)

Installation and design. The installation and design of carports shall meet the following standards:

a.

No more than one carport shall be permitted per residential lot, unless otherwise approved by the city council.

b.

No carport may exceed more than 600 square feet in a roofed area.

c.

No carport may exceed more than ten feet in clear opening height for any open sided area.

d.

Carports shall maintain the required side yard back from the property lines according to the applicable zoning district.

e.

The front setback for carports shall be a minimum of five feet from the back of the property line.

f.

Construction must be compatible in both design and materials with the primary structure and shall meet the requirements of the city building code as adopted by the city. The chief building official (CBO) may modify construction design and material requirements when reviewing a carport permit application, site plan and may impose different conditions for construction design and materials in approving any carport permit.

g.

Properties with existing attached or detached garages within the overlay district are not permissible.

h.

The maximum depth of a carport shall be 20 feet.

i.

The maximum width of the carport shall not exceed the maximum width of the primary building on the property.

j.

No carport shall extend or overhang into any public right-of-way (ROW) or easement.

k.

Any application permit for a carport under this section must also be approved by the city's fire department.

(2)

Fees. All permits and fees relating to development shall be subject to the requirements as established by the city.

(c)

Use chart.

(Ord. No. 792-2023-12, § 1, 12-11-2023)