The regulations and development controls of the various districts shall be modified by and be subject to the following provisions and limitations.
Vernon City Zoning Code
ARTICLE VII
SPECIAL DEVELOPMENT CONTROLS
§ 701.1 Buildings and structures.
A.
Lot requirements.
1.
Lot required:
Every building hereafter erected shall be located on a lot of record, and in no case shall there be more than one main building on such lot, except as provided.
2.
Multiple structures on lot:
In any district, more than one structure for permitted Principal uses other than a single-family dwelling, may be erected on a lot of record, provided that yard and other requirements of these regulations shall be met for each structure as though it were on an individual lot of record.
3.
Deficient lot area:
When a non-conforming lot exists prior to the time of the passage of these regulations, said lot may be occupied by a dwelling for not more than one family.
4.
Frontage on street:
Every building erected or moved shall be on a lot abutting a public street or have access to an improved 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.
B.
Height limitations.
1.
General exceptions:
The height regulations contained in the district regulations shall not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
2.
Visibility at intersections.
(A)
Maximum height; pruned trees excepted.
On no corner lot which abuts an open intersection or intersection controlled by yield signs and which is required by this ordinance to have a front an side yard, within a triangular area described by the intersection of the adjacent curb lines, or, if none exists, the normal curb lines, and a point on each curb line 45 feet from the intersection, shall there be erected or maintained any wall, fence, except for chain link fencing, or other structure or any hedge, shrub, or other growth higher than two and one-half feet from the top of the normal curb line, except trees which are pruned to a height of eight feet; provided, however, this provision shall not apply at intersections controlled by stop signs or by official traffic-control signals.
(B)
Through streets:
On no corner lot required by this ordinance to have a front and side yard, and which abuts an intersection of a through street and intersecting streets, as defined in section 201.2, shall there be erected or maintained any obstruction described in subparagraph (A) above, within a triangular area described by the intersection of the adjacent curb lines, or, if none exists, the normal curb lines, and a point ten feet from the intersection on the intersecting street and 100 feet from the intersection on the through street, provided, however, this provision shall not apply at intersections controlled by official traffic-control signals.
C.
Temporary and accessory uses and buildings.
1.
Construction buildings and security fences:
Nothing shall prohibit the placement of temporary portable buildings providing office space, sanitary facilities or storage of supplies or materials, or the erection of security fences on the site during the period of any construction project. No manufacturing operation shall be conducted within a temporary or portable building when the product of such operation is to be transported off the site for use in construction at another location.
2.
Mechanical equipment:
Air conditioning and similar mechanical equipment shall not be mounted in minimum yard spaces. Equipment shall be so placed as to direct motor and fan noise away from the nearest property line.
(Ordinance 1409)
§ 702.1 Day care centers, kindergartens and private elementary schools.
Day care centers, kindergartens and private elementary schools are recognized 1) as potential noise generators which may adversely affect livability of nearby residences, and 2) as short term uses to house young children whose safety must be given special consideration.
A.
Permits.
No building permit or certificate of occupancy shall be issued unless the sanitary facilities and water supply comply with applicable local laws and state health department regulations.
B.
Requirements.
An on-site outdoor play area of not less than one hundred (100) square feet per authorized child shall be furnished. Such play area may be located anywhere on the lot except in a front yard.
(Ordinance 1432)
§ 703.1 Yard provisions.
A.
Front yards.
1.
Front yard depth:
Depth of front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersection, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.
3.
Exterior yards-Through lots.
Exterior yards shall be provided on all street frontages of through lots subject to the following special provisions: Where the enforcing officer finds that one of the two exterior yards that would normally be required along opposite non-intersecting streets is not in keeping with the prevailing yard depth pattern, the enforcing officer shall approve a special minimum depth of yard which shall be equal to the average of the yards actually provided or required on adjoining lots. When the city has approve a subdivision plat filed in the maps and plats records of the county and showing a building set back line along one of the two streets at less than the normal depth required, such line shall be the minimum yard depth for the lot.
B.
Other yard provisions.
1.
Interior yard required.
An interior yard shall be provided in the minimum width prescribed in the district regulations. The width shall be measured perpendicular to each interior lot line.
2.
Yards-Accessory buildings.
a.
No accessory building, except for carports as provided for below, shall be located in a minimum required front yard. An accessory building may be located along an interior lot line, if it is at least not closer than five (5) feet to the interior lot line.
b.
Carports may be allowed within the minimum required front yard with a special use permit only when reviewed by the planning and zoning commission and authorized by the city commission after public hearings provided that all of the following conditions are met:
(1)
(Reserved)
(2)
There is insufficient space for placement of carport in side yard. Residents with physical disabilities may be allowed to apply if this condition is not met at the discretion of the Community Development Director.
(3)
The carport shall be attached to the structure, compatible with the neighborhood and does not negatively affect other nearby properties. A detailed drawing and material list must accompany the request for a special use permit.
(4)
If the carport is to be located on a corner lot, then no portion of the carport may extend into the area required to meet visibility standards as set out in this ordinance.
(5)
The carport shall have no more than six (6) supporting columns and they shall not exceed eight (8) feet in height from grade level. The roof height shall not exceed the height of the primary structure. The vertical plane from the ground to seven (7) feet above grade on the street facing end/side and its two adjacent ends/sides shall be left clear of any walls or sheathing.
(6)
This subsection does not allow portable carports.
3.
Other yard uses.
Fences, walls, poles, posts, customary fixed yard accessories and ornaments, and roof overhangs projecting not more than thirty-six (36) inches, may be permitted in any minimum interior required yard subject to height limitations and requirements limiting obstruction of visibility.
(Ordinance 1432; Ordinance 1830 adopted 2/25/2025)
§ 705.1 Sign regulations.
§ 705.2 Uniform sign regulations.
Type of Sign & Standards | Principal Use of Property | |
|---|---|---|
Non-Residential | Residential | |
Business Identification Sign | ||
Permitted locations | Within buildable area or mounted flat on face of building: may project 24 inches from face of building. | Not permitted |
Directional Sign | ||
Size limits | 4 sq. ft./sign | 4 sq. ft./sign |
Facility Identification Sign | ||
Combined allowable sign area in sq. ft. per lineal feet of street frontage | 1 sq. ft./3 lin. ft | 1 sq.ft./10 lin ft |
Minimum sign area | 12 square feet | 12 square feet |
Subdivision Identification Sign | ||
Combined allowable sign area in sq. ft. per lineal feet of street frontage | 1 sq. ft./3 lin. ft. | 1 sq. ft./10 lin. ft. |
(Ordinance 1362)
§ 705.3 Sign placement and measurement.
A.
Location.
All signs shall be placed within the buildable area of a lot except that directional signs, facility identification signs and subdivision identification signs may be place in any yard, but not closer than ten (10) feet horizontally to any street line which is the curb line.
B.
Height.
The height of signs located in required yards shall not exceed the height limits for walls or fences in these same yards. Signs located in the buildable area of a lot shall not exceed a height of fifty (50) feet above grade level measured at the nearest point on the nearest property line; provided that any sign on top of a building may have a height of ten (10) feet above the top of such building. Provided this provision does not apply to C/AR districts.
C.
Sign area measurement.
The allowable sign area shall be the combined area of exposure of all sign message faces.
D.
Real estate sales sign.
Temporary signs announcing the sale or rental of the real estate on which placed shall be permitted in any district and may be placed in any yard. Such sign shall not exceed twelve (12) square feet in area and shall be removed within one week following the close of the sale or lease.
E.
Political and miscellaneous sign.
Political and miscellaneous signs of any characteristic whatsoever will not be permitted on utility and other poles existing in the street right-of-way.
(Ordinance 1362)
§ 705.4 Sign lighting and symbols.
A.
Symbols.
Symbols which are designed as an integral part of the building structure, and symbols and signs which are not visible or readable from the public street shall not be limited by the sign regulations of the zoning district.
B.
Traffic control conflicts.
No sign or lighting permitted under these regulations shall be erected, placed or allowed to remain if such sign creates confusion, impairs hearing or vision, or distracts the automotive driver using any public street. Specifically prohibited are:
1.
High intensity bare bulb lighting or any lighting which creates a glare or any sign so placed as to make traffic signs or signals unreadable by a driver on the public street at the normal viewing range;
2.
Sign duplicating colors of traffic signs or signals which distract or cause confusion in reading such traffic signs or signals at normal viewing range; and
3.
Signs or equipment which produce noises simulating sirens, bells, or whistles which may be confuse with the warning devices of emergency vehicles.
C.
Residential area nuisance.
No sign or lighting permitted under these regulations shall be authorized if such sign or lighting by reason of placement, because of shielding, noise generation or character of operation would be adverse to the normal sensibilities of an adjacent residence or would interfere with the reasonable use, enjoyment, or right of privacy on one’s property. Specifically,
1.
The source of lighting shall not be directly visible from the adjacent residential property and light shall be shielded to prevent such exposure;
2.
The noise level of signs and lighting fixtures, when measured within the adjacent dwelling unit, shall not be greater than the noise levels of equipment customarily in operation in the home including air conditioning and kitchen refrigerators; and
3.
Flashing signs and intermittent lighting of signs or areas shall not be permitted where they are located within 200 feet of and/or are directly visible from residential property.
(Ordinance 1362)
§ 706.1 Special use requirements.
(Ordinance 1362)
§ 706.2 Uses in newly annexed areas: interim controls.
Uses in all territory hereafter annexed to the city shall be subjected to the regulations of the most restrictive district until the original zoning districts of such territory are established by the city commission. The planning and zoning commission shall, as soon as practicable after annexation of any territory, institute proceeding on its own motion to establish original zoning districts throughout the newly annexed territory, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning districts governing other parts of the municipality. No territory shall be annexed unless a district has been established which conforms to the comprehensive plan.
(Ordinance 1362)
§ 706.3 Completion of existing buildings.
Nothing herein shall require any change in plan, construction, or designated use of a building for which a building permit has been issued and which shall be completed within a reasonable period of time from the date of passage of this ordinance.
(Ordinance 1362)
§ 706.4 Home occupations.
The purpose of this section is to permit the conduct of home occupations within residential districts which are compatible with the neighborhoods in which they are located. They are subject to the requirements of the district in which they are located, in addition to the following:
A.
Only a member of the immediate family occupying the dwelling shall be engaged in operating the home occupations;
B.
The home occupation shall be conducted only within the enclosed area of the dwelling unit, garage, or accessory structure. No storage or display of materials, goods, supplies, equipment related to the operation of the home occupation shall be visible outside any structure located on the premises;
C.
There shall be no exterior alteration which change the character of the dwelling unit and/or exterior evidence of the home occupation except for one (1) unanimated, non-illuminated, flat or window sign having an area of not more than one hundred forty-four (144) square inches facing on each street adjoining the lot in which the building is located;
D.
The home occupation must not utilize more than 500 square feet of the dwelling or accessory unit;
E.
No use shall create smoke, glare, noise, dust, vibration, fire hazard, electrical interference or any other nuisance not normally associated with the average residential use within the district;
F.
The home occupation shall not create any significant increase in vehicular flow or parking and shall not create greater pedestrian traffic than normal for the district; and
G.
No home occupation shall cause a significant increase in the use of any utilities, or general trash or refuse beyond the average of the residence in the neighborhood.
(Ordinance 1362; Ordinance 1774 adopted 8/24/2021)
§ 706.5 Sale of household effects and personal belongings.
Residents of a dwelling, may offer their personal belongings and household effects for sale to the general public in a garage or other accessory building; provided, the interval between such sales is at least three (3) months, and no sale period shall extend for more than three (3) consecutive calendar days.
(Ordinance 1362)
§ 707.1 Walls, fences, safety and height.
Walls and fences constructed on residential property shall be no greater than eight (8) feet in height subject to the following limitations:
A.
The height of a wall or fence shall be the vertical distance between the ground and the top of the fence.
(Ordinance 1362)
§ 707.2 Street right-of-way.
No wall or fence shall be constructed in a public street right-of-way. Provided, however, that where the city’s comprehensive plan map, or circulation and land use map, or major thoroughfare plan map, depicts streets in accordance with the principals and standards for major street development, a fence may be constructed in the right-of-way after review and approval by the planning and zoning commission and the signing of an agreement to remove such wall or fence from the right-of-way at the owners expense should such be the case, as follows:
Type of Street | Right-of-Way Width | Setback Requirement from Curb |
|---|---|---|
Expressway | 300-400 feet | 13 feet |
Arterial A | 100-150 feet | 13 feet |
Arterial B | 70-100 feet | 13 feet |
(Ordinance 1362)
§ 708.1 Off-street parking and off-street loading.
The off-street parking and off-street loading facilities shall meet the requirements as follows:
A.
All buildings and structures erected, and all uses of land established, shall provide off-street parking and loading as applicable to the use, in the zoning district where located.
B.
When any building, structure, or premises is increased in size, required parking and loading facilities shall be provided for such increases.
C.
When the existing use of a building or structure is changed or structure is changed, parking or loading facilities shall be provided as required. If the building or structure was erected prior to the effective date of this Code, additional parking or loading facilities are mandatory only to the extent that the new requirements exceed those of the existing use.
D.
Accessory off-street parking and loading facilities located on the same lot as the building or use served shall not be further reduced below the requirements for a similar new building or use under the provisions of this Code.
(Ordinance 1362)
§ 708.2 General requirements.
A.
Off-street parking and loading facilities shall not occupy required livability space. Space allocated to any required off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facilities and vice versa.
B.
Within the front and exterior side yard in the RS-1, RS-2 and RG districts, not more than one vehicle shall be parked for each 600 square feet of area contained in the front or exterior side yards.
C.
Required off-street parking spaces and loading berths shall not be used for other than their designated purposes.
D.
Required off-street parking spaces and off-street lading berths shall be located on the lot containing the facility for which the required spaces or berths are provided.
E.
Required enclosed off-street parking and loading areas shall meet the bulk and area requirements of the use district, except the enclosed off-street parking and loading areas which are required, shall not be included in the computation of permitted floor area.
F.
The capacity of an off-street parking area shall be the number of parking spaces having minimum dimensions of 9 feet by 20 feet so that each space can be entered without passing through another space, except in residential districts, where access may be obtained through another parking space.
G.
Required off-street parking surfacing shall be completed prior to use.
(Ordinance 1362)
§ 708.3 Setbacks.
A.
Off-street loading areas shall not be located within 50 feet of any abutting property which is within a residential district unless it is wholly within an enclosed building or screened on all sides abutting the residential district by a screening wall or fence.
B.
Unenclosed off-street parking and loading areas shall be set back from abutting streets as set forth below:
Parking Area 1 to 5 spaces | Parking Area 6 or more spaces | Loading Area | |
|---|---|---|---|
In Residential District | |||
Accessory to a dwelling | 28 ft. | 35 ft. | N/A |
Accessory to another use | 40 ft. | 50 ft. | 50 ft. |
Not in an “R” District | |||
But within 50 ft of an “R” district | 40 ft. | 50 ft. | 50 ft. |
(Ordinance 1362)
§ 708.4 Design standards for off-street parking areas.
A.
A required off-street parking space shall be a least 9 feet in width and at least 20 feet in length exclusive of access drives or aisles. Such space shall have a vertical clearance of at least 7 feet.
B.
Each required parking space shall be accessible from a public street without passing through another required space, except in residential districts.
C.
Lighting used to illuminate an off-street parking area shall direct the light away from properties within an “R” district hot having use of the parking area.
D.
Unenclosed off-street parking areas shall be surfaced with an all-weather material.
E.
Unenclosed off-street parking areas which, are principal uses, shall have a screening wall or fence on the lot in common with a residential district. Unenclosed off-street parking areas, containing 6 or more spaces, shall be screened by the erection of a screening wall or fence on the lot line common with an “R” district; if the parking area is located more than 50 feet from the residential lot line, the screening requirement shall not apply.
(Ordinance 1362)
§ 708.5 Design standards for off-street loading areas.
A.
Unless specified otherwise, a required off-street loading berth shall be at least 10 feet in width, 30 feet in length, (exclusive of aisles), and shall have a vertical clearance of at least 14 feet.
B.
Required off-street loading berths shall have access to and from a public street or alley via an access drive of at least 10 feet in width designed to permit easy access by semi-trailer trucks.
C.
Unenclosed off-street loading areas shall be surfaced with an all-weather material.
D.
Unenclosed off-street loading berths shall not be located within 50 feet of any property in an “R” district unless it is screened on all sides abutting the “R” district by a screening wall or fence.
E.
Lighting used to illuminate an off-street loading area shall be arranged to direct the light away from the properties within an “R” district.
(Ordinance 1362)
§ 708.6 Off-street parking and loading requirements.
(Non-Applicable to “CG” district) | ||
|---|---|---|
Parking Spaces | Loading Berths | |
Juvenile Delinquency Center | 1 per 1,000 sq. ft. of floor area | 1 per 10,000 to 100,000 sq. ft. plus 1 per each additional 100,000 sq. ft. of floor area. |
Other uses | As may be required by the city commission in granting the special exception use | |
General Agricultural District | None | |
Community Services, Cultural & Recreational Facilities (Special exception) | ||
Aquarium, art gallery, museum planetarium, and cultural facility | 1 per 800 sq. ft. of floor area | 1 per 10,000 to 200,000 sq. ft. plus 1 per each additional 200,000 sq. ft. of floor area |
Care home | 1 per 1,000 sq. ft. of floor area | 1 per 10,000 to 100,000 sq. ft. plus 1 per each additional 100,000 sq. ft. of floor area |
Children[’s] nursery/day care | 1 per 1,000 sq. ft. of floor area | NA |
Church | 1 per 40 sq. ft. of chapel or sanctuary floor area | 1 per 10,000 to 200,000 sq. ft. plus 1 per each additional 200,000 sq. ft. of floor area |
College, university | 1 per 600 sq. ft. of classroom floor area plus 1 per 4 dorm beds, plus 1 per 4 stadium seats | 1 per 10,000 to 200,000 sq. ft. plus 1 per each additional 200,000 sq. ft. of floor area |
Community center | 1 per 500 sq. ft. of floor area | 1 per 10,000 to 100,000 sq. ft. plus 1 per each additional 100,000 sq. ft. of floor area |
Convent, monastery, novitiate | 1 per 1,000 sq. ft. of floor area | 1 per 10,000 to 100,000 sq. ft. plus 1 per each sq. ft. plus 1 per each additional 200,000 sq. ft. of floor area |
Foster home | 1 per 1,000 sq. ft. of floor area | N/A |
Halfway house | 1 per 1,000 sq. ft. of floor area | N/A |
Hospital | 1 per bed | 1 per 10,000 to 100,000 sq. ft. plus 1 per each additional 100,000 sq. ft. of floor area |
Library | 1 per 500 sq. ft. of floor area | 1 per 10,000 to 100,000 sq. ft. plus 1 per each additional 100,000 sq. ft. of floor area |
Private club | 1 per 500 sq. ft. of floor area | 1 per 10,000 to 100,000 sq. ft. plus 1 per each additional 200,000 sq. ft. of floor area. |
Private club | 1 per 4 stadium seats plus 1 per 500 sq. ft. of community center or recreation building plus 1 per 300 sq. ft. of pool area | 1 per 10,000 to 100,000 sq. ft. plus 1 per each additional 100,000 sq. ft. of floor area |
SCHOOLS | ||
Elementary & junior high | 1 per 1,200 sq. ft. of floor area | 1 per 10,000 to 200,000 sq. ft. plus q per each additional 200,000 sq. ft. of floor area |
Senior high | 1 per 800 sq. ft. of floor area plus 1 per 4 stadium seats | 1 per 10,000 to 200,000 sq. ft. plus 1 per each additional 200,000 sq. ft. of floor area |
Tennis courts | 2 per court, plus 1 per 400 sq. ft. of clubhouse area | NA |
Single-family detached dwelling | 2 per dwelling unit | |
Duplex dwelling | 2 per dwelling unit | NA |
MULTIFAMILY DWELLING AND SIMILAR USES | ||
Fraternity or sorority house | 1 per 2 beds | 1 per 10,000 to 200,000 sq. ft. plus 1 per each additional 200,000 sq. ft. of floor area |
Multifamily dwelling | 1.5 per efficiency or 1 bedroom dwelling unit 2 per 2 or more bedroom dwelling unit | None |
Rooming/boarding house | 1 per 2 beds | |
Townhouses | 1.5 per efficiency or 1 bedroom dwelling unit 2 per 2 or more bedroom dwelling unit | None |
Mobile home | 2 per each mobile home dwelling unit | None |
Funeral home | 1 per 40 sq. ft. of assembly floor area plus 1 per 300 sq. ft. of non-assembly floor area | 1 per 10,000 to 100,000 sq. ft. plus 1 per each additional 100,000 sq. ft. of floor area |
OTHER SIMILAR USES TO ABOVE | 1 per 400 sq. ft of floor area | 1 per 10,000 to 100,000 sq. ft. plus 1 per each additional 100,000 sq. ft. of floor area. |
Medical & dental offices, clinics & laboratories | 1 per 250 sq. ft. of floor area | Same as above |
Eating places other than drive-ins | 1 per 250 sq. ft. of floor area | 1 per 5,000 to 10,000 sq. ft. plus 1 per each additional 25,000 sq. ft. of floor area |
Retail trade & service establishments | 1 per 250 sq. ft. of floor area | Same as above |
Antique & furniture store | 1 per 250 sq. ft. of floor area | 1 per 5,000 to 25,000 sq. ft. plus 1 per each additional 25,000 sq. ft. of floor area. |
Trade establishments including fabricating, processing, installation & repair | 1 per 400 sq. ft. of floor area | Same as above |
GASOLINE SERVICE STATIONS | Not applicable | |
Agriculture implements, automotive, camper, mobile home, motorcycle & truck sales | 1 per 600 sq. ft. of floor area plus 1 per 1,000 sq. ft. of open air display storage, or service area | 1 per 5,000 to 10,000 sq. ft. plus 1 per each additional 15,000 sq. ft. of floor area |
Automobile rental, vehicle repair, auto wash | 1 per 600 sq. ft. of floor area except for auto wash | NA |
Drive-in restaurant | NA | 1 per 5,000 to 25,000 Sq. ft. of floor area plus 1 per each additional 25,000 sq. ft. of floor area |
Hotel, motel | 1 per sleeping room plus 1 per 225 sq. ft. of accessory facilities[,] such as[,] restaurants, taverns | 1 per 40,000 to 150,000 sq. ft. plus 1 per each additional 150,000 sq. ft. of floor area plus 1 per 5,000 to 25,000 sq. ft. plus 1 per each additional 25,000 sq. ft. of accessory facilities such as taverns, restaurants |
Uses providing spectator seating such as stadium, arenas, rodeo grounds | 1 per 4 seats | 1 per 5,000 to 25,000 sq. ft. plus 1 per each additional 25,000 sq. ft. of floor area |
Warehousing & wholesaling | 1 per 5,000 sq. ft. of floor area | Same as above |
Mineral and mineral processing | 1 per 1,000 sq. ft. of floor area | NA |
Light moderate and heavy manufacturing | 1 per 1,000 sq. ft. of floor area | 1 per 2,000 to 40,000 sq. ft. of floor area, plus 1 per 40,000 to 1,000,000 sq. ft., plus 1 per each additional 100,000 sq. ft. of floor area |
(Ordinance 1362)
§ 708.7 Campers, travel trailers, and recreational vehicles.
A.
Campers, travel trailers and recreational vehicles shall not be occupied either temporarily or permanently while parked or stored in any area within the incorporated limits except in a mobile home or recreational vehicle (RV) park authorized under the ordinances of the city, except as provided for in this section.
B.
The community development director may grant variances for up to 1 year for property owners to reside in a camper, travel trailer, or recreational vehicle while building a new home. A building permit must be issued and current for the new home construction and the camper, travel trailer, or recreational vehicle must be located on the same property where the new home is being constructed.
(Ordinance 1806 adopted 9/26/2023)
§ 709.1 Adult business
A.
Location requirements for adult business.
1.
A structure housing an adult business shall be located at least one thousand (1,000) feet from any residential PD, RS-1, RS-2 and RG zoning district boundary line, mobile home park, or from any structure used as a residence, from a church, public or denominational schools, hospitals, licensed child care facility, hotel or motel, parks or playgrounds (public), playfields or stadiums (public), institutions of religious, charitable, or philanthropic nature, and from any other structure housing an adult business.
2.
Distance requirements are to be measured in a straight line in all directions from the structure housing the adult business to any residentially zoned district boundary line; to any structure used for a residence, church, school or hospital; any lot used for a park; and from structure to structure of those facilities housing adult businesses.
3.
The measurements to a structure shall be taken from the farthest point that a structure extends in the direction of the measurement, including overhanging roofs and all other projections or portions of said structure.
4.
Should an adult business be located in conjunction with other buildings in a manner where said adult business is clearly separated from other portions of the structure (for example, an adult business in a shopping center), measurements shall be taken from the boundaries of the space occupied by the adult business.
5.
Should an adult business be located in a manner where said adult business is situated above the ground level of a multistory structure and is clearly separate from other activities within the structure, the adult business measurements shall be taken from the boundaries of the space occupied by the adult business, thence to the nearest point of egress (elevator or stairs), thence to the nearest ground floor exit, thence in a straight line in all directions to any residentially zoned district boundary line; to any structure used for a residence, church, school, or hospital; any lot used for a park; and from structure to structure of those facilities housing adult business.
B.
Viewing booth requirements for adult business.
1.
Viewing booths in an adult business shall be configured in such a manner that there is an unobstructed and unobstructable view of the interior area of the viewing booth from outside the entrance to the viewing booth at all times.
2.
Wall or partitions of viewing booths between two (2) feet and six (6) feet above floor level shall have no holes or voids in such walls or partitions.
3.
A viewing booth shall at all times be illuminated with not less than that amount of light provided by a twenty-watt bulb.
4.
It shall be the duty of the person accepting payment from customers of an adult business to ensure that the viewing booth requirements in this section are in compliance at all times.
(Ordinance 1362)
§ 709.2 Accessory dwelling units.
A.
Purpose.
Accessory dwelling units are intended to provide an opportunity for alternative housing options in single-family residential neighborhoods while preserving the character of these neighborhoods. This is intended to make neighborhoods more resilient against changing market conditions, allow more efficient use of existing infrastructure, provide alternative housing options and a means for property owners to realize additional income while residents remain in place.
B. Accessory dwelling unit. Owner occupancy.
Definitions.
A separate additional living unit, providing separate complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, attached or detached from a primary residential unit, on a legally platted single-family lot.
Means a property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means.
C.
Design and development standards.
All accessory dwelling units must conform to the following standards:
1.
Number of accessory dwelling units per lot.
Only one accessory dwelling unit shall be allowed per lot.
2.
Number of bedrooms of accessory dwelling units.
Only one bedroom permitted per accessory dwelling unit.
3.
Existing development on the lot.
A detached single-family dwelling must exist on the lot or will be constructed in conjunction with the accessory dwelling unit. Accessory dwelling units are not permitted with any other type of housing units.
4.
Setbacks for detached accessory dwelling units.
Detached accessory dwelling units shall have a minimum rear year setback of 10 feet; side yard setback of 5 feet; and front yard setback the same as the primary unit. A detached accessory dwelling unit must have at least a 10-foot separation from the primary dwelling. Existing structures that are adapted or renovated are exempt from the setback requirements.
5.
Setbacks for attached accessory dwelling units.
Attached accessory dwelling units shall meet the same minimum setbacks required by the zoning district of the primary dwelling.
6.
Unit size.
The maximum floor area of the accessory unit shall not exceed 500 square feet or 30% of the size of the floor area of the primary unit whichever is greater. The floor area calculation of the primary unit excludes garages. Existing structures that are adapted or renovated are exempt from the unit size requirements.
7.
Height.
The maximum height of an accessory dwelling unit shall not exceed the height of the primary dwelling unit.
8.
Occupancy.
In single-family residential districts, the property owner shall occupy either the primary residence or the accessory dwelling unit. It shall be unlawful in a single-family residence district to lease both the primary dwelling and the accessory dwelling unit.
9.
Parking.
Off-street parking shall be provided at a minimum of one space for accessory dwelling unit.
10.
Building, building elevations and materials.
Accessory dwelling units must be either site built and inspected, accompanied by a letter of structural certification by a registered engineer in the state, or possess an industrialized building number and seal to certify the safety of the structure for human habitation. Exterior design of accessory dwelling units shall be compatible with the primary residence and have complementary wall materials, window types, door and window trims, roofing material and roof pitch.
11.
Utility connection.
An accessory dwelling unit must be connected to the city water and wastewater services of the primary dwelling unit and may not have separate services.
12.
Other code requirements.
The accessory dwelling unit must meet all other applicable codes before occupancy.
(Ordinance 1813 adopted 5/28/2024)
§ 709.3 Short-term rentals.
All short-term rentals shall be subject to the following requirements in addition to those otherwise set forth in the city's code of ordinances.
B.
Building codes.
All short-term rentals must comply with city code provisions applicable to the zoning district in which it is located and with all federal, state, and city building codes for existing or new construction.
C.
Fire safety.
Short-term rentals shall comply with the regulations for fire protection set for in the appropriate NFPA 101 Life Safety Code. Additionally, the owner is responsible for keeping working batteries in required smoke detectors.
D.
External lighting.
All external lighting shall be shielded from adjoining properties.
E.
Trash and solid waste.
Each STR shall provide a minimum of ninety gallons (90 gallons) of bulk garbage container capacity for every six (6) occupants, based on the maximum permitted occupancy for the STR.
F.
Quiet hours.
Each STR shall have signage posted in a prominent location in the rear yard or other common gathering area, providing the occupants and guests with notice of nighttime hours, as regulated in the city's noise ordinance.
G.
Parking.
One off-street parking space per bedroom is required.
H.
Permitting.
It shall be unlawful for any person or entity to rent, or offer to rent, any short-term rental without a valid short-term rental permit issued by the city.
1.
A separate short-term rental permit application and application fee must be submitted for each individual short-term rental dwelling unit, unless the STR is a bed and breakfast, in which case one application shall be submitted. An applicant shall apply for a short-term rental permit using a format and method promulgated by the city manager or his/her designee. If an application for a short-term rental permit states a claim of vested rights because it relates to and covers a preexisting STR operating prior to the adoption of this section, then the applicant shall also submit with the application evidence acceptable to the city of preexisting operation as an STR. Evidence of collection and remittance of hotel occupancy taxes shall be deemed sufficient evidence of such preexisting operation. The absence of prior collection of hotel occupancy taxes creates a rebuttable presumption of no preexisting STR operation, which the applicant may rebut with other substantial evidence acceptable in the city's reasonable discretion. In any event, the application form shall require, at a minimum, the following information from applicants:
a.
The name, address, email, and telephone number of the owner of the short-term rental.
b.
The name, address, email, and telephone number of the operator of the short-term rental.
c.
The name, address, email and 24-hour telephone number of the local contact person.
d.
The name and address of the short-term rental.
e.
The number of bedrooms and the proposed overnight and daytime occupancy limit of the short-term rental.
f.
A site plan showing the proposed layout of the property use and any on-site parking available for the short-term rental. The site plan shall also include any proposed spas, hot tubs, pools, fire pits, bars, cabanas, and any other proposed uses or structures.
g.
A floorplan of the existing or proposed structure to include bedroom sizes and dimensions.
2.
At the time of submission of the application for a permit, the applicant shall submit the permit application fee of $200.00, portions of which the city may defer and allocate as nonrefundable or refundable based upon final action on the permit application.
3.
Unless the STR is a bed and breakfast, each individual short-term rental dwelling unit shall be assigned a unique permit number upon permit issuance by the city. The city manager, or designee, shall issue unique, numbered decals or stickers which the owner shall affix to the dwelling unit. The city manager, or designee, shall maintain a register of all such permits, including the location of each permitted dwelling.
4.
Except as provided herein, STR permits may not be transferred to new owners. Upon sale or other ownership transfer of the STR dwelling unit, the permit shall remain in force for a period of 60 days thereafter, during which time the new owner(s) may file an application for a new permit. Any such application shall be deemed a new permit application and shall not retain vested rights based on operation as a STR prior to the effective date of this section, if applicable. If no such application is made within the 60-day period stated above, the existing permit shall be void with no further force and effect whatsoever. Transfers of ownership among or between immediate family members, their heirs or devisees, or business entities under the control of the original owner, their immediate family members, or their heirs or devisees, are not subject to the foregoing transfer conditions, and shall not void the underlying permit.
5.
Prior to issuance of a STR permit, the operator shall allow an on-site inspection by city staff, to ensure compliance with city's ordinances and regulations.
6.
Inspections shall also be required when a new STR permit is required as the result of a sale or transfer to another owner, or when additions or modifications are performed to the property which requires a city building permit.
7.
Notwithstanding the foregoing, STRs may be inspected by the city or its designee every other year, regardless of the date of the last inspection, or at such other times designated by the city.
8.
In the event of any transfer, a new owner of an STR has thirty (30) days to update the city of changes to ownership, contact information, management company information, and local contact person.
9.
The owner shall notify the city within ten (10) business days, in writing, of any changes to information submitted as part of a short-term rental permit application under this section.
10.
Changes or modifications to the property that result in noncompliance with city ordinance or other applicable law shall void the existing permit.
11.
An application for short-term rental permit may be denied if the owner has had a short-term rental permit suspended or revoked during the previous 365-calendar days before submission of the relevant application.
I.
General operational requirements.
1.
The operator shall post the following information in a prominent location within the short-term rental unit:
a.
The unique short-term rental permit number assigned to the short-term rental unit;
b.
Operator name and phone number;
c.
Contact person name and number;
d.
The location of any on-site and off-site parking spaces available for guests. The owner must limit guests' vehicles to the number of off-street parking spaces provided. The number of permitted vehicles shall be included on any advertisement of the rental unit;
e.
Instructions to guests concerning disposal of garbage and handling of garbage containers; and
f.
Notification that the guests are responsible for compliance with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental, and that guests may be fined by the city for violations of this article.
2.
The operator shall operate a short-term rental in compliance with the following:
a.
Zoning regulations prescribed for the zoning district in which such short-term rental is located;
b.
Maximum occupancy limits prescribed in this section, or by the city fire marshal pursuant to the International Fire Code;
c.
City hotel occupancy tax regulations, set forth in this code;
d.
City noise regulations, set forth in this code;
e.
During any period when a short-term rental is occupied or intended to be occupied by guests, the local contact person shall be available 24 hours per day for the purpose of responding to concerns or requests for assistance related to the condition, operation, or conduct of guests of the short-term rental.
J.
Enforcement.
1.
It shall be unlawful for any person or entity to violate any provision of this section.
a.
Violation of this section is a Class C misdemeanor offense, and upon conviction, shall be punished by a fine as set forth in section 1-6 of this code.
b.
Penalties provided for herein are in addition to any other criminal or civil remedies that the city may pursue under federal, state, or local law.
c.
Any property operating as an STR, without a permit, shall pay double the registration fee.
2.
Fines and revocation; other enforcement action.
a.
Each violation of this ordinance shall be punishable by a fine not to exceed $300.00.
b.
Each violation of this section may be punishable by a suspension or revocation of the STR permit for a period of not more than one year.
c.
Permits shall be revoked automatically for a period of one year on the third violation in any one calendar year.
d.
If an owner operates an STR without permit, or after revocation of a permit, in violation hereof, the city may take additional enforcement action including a shutoff of utility service to the applicable premises.
3.
Notice of suspension or revocation.
Upon conviction for a violation of this section, the city may suspend or revoke any short-term rental permit issued for the same short-term rental where the violation occurred. The city shall notify an owner of a suspension or revocation under this section in writing, delivered by certified mail, return receipt requested, and mailed to the address of the owner as set forth on the most recent short-term rental permit application submitted to the city.
4.
Appeal.
An owner may appeal a suspension or revocation under this section by filing a written appeal with the city manager within ten (10) business days following the date said notice was deposited in the U.S. mail. Following a timely filing of an appeal hereunder, the owner may present evidence to the city manager related to the suspension or revocation under this section. Following the city manager's final decision on appeal, the owner may appeal an adverse decision of the city manager by filing a written appeal with the city commission within five (5) business days following the date of the city manager's final decision. The decision of the city commission shall be final.
(Ordinance 1814 adopted 5/28/2024)