Whenever a use is not specifically listed as permitted or special within a particular zoning district, such use shall be deemed prohibited in that district, except as provided in Article XIII. However, if the Zoning Administrator determines that the proposed use is similar to and compatible with the listed uses, and following consultation and approval of The Board of Zoning Appeals, he may determine that said use is permitted within the zoning district. The Zoning Administrator's decision, upon concurrence with the Board of Zoning Appeals, shall become a public record, and any unlisted uses that they approve shall thereafter have the same status as listed uses.

(Ord. 1070, § 40-3-1, passed 7-20-1998; Am. Ord. 1187, passed 5-7-2001)

      (2)   Ground or pole-mounted solar energy systems are not allowed.

      (4)   Greenhouses and accessory buildings shall not be larger than an aggregate total of 900 square feet, and not to exceed two accessory buildings / greenhouses per lot. Greenhouse shall be purchased from a manufacturer or built from quality materials.

      (1)   Roofs of commercial accessory buildings on golf courses and parks need not match that of the principal building but the roofing material must be one of the following: asphaltic composite shingles, wood shake, tile, slate or standing metal seam; and

      (2)   Roofs of commercial accessory buildings which are pavilions (a building open on all sides) on recreational fields for team sports need not match that of the principal building but must be one of the following: asphaltic composite shingles, wood shake, tile, slate or standing metal seam; and,

(Ord. 1070, § 40-3-2, passed 7-20-1998; Am. Ord. 1686, passed 9-28-2015; Am. Ord. 1711, passed 1-16-2017; Am. Ord. 1845, passed 3-21-2022; Am. Ord. 1864, passed 11-7-2022) Penalty, see § 1-1-19

   All buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevators, bulkheads, fire towers, stacks, and necessary mechanical appurtenances shall be permitted to exceed to maximum height provisions when erected in accordance with all other ordinances of the county.

(Ord. 1070, § 40-3-3, passed 7-20-1998) Penalty, see § 1-1-19

   The height limitations of this code shall not apply to church spires, belfries, cupolas, penthouses or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, silos, parapet walls, cornices without windows, antennas, or necessary mechanical appurtenances usually carried above roof level.

(Ord. 1070, § 40-3-4, passed 7-20-1998)

   No part of an area, frontage, or yard required for any lot, building, or use for the purpose of complying with the provisions of this code shall be included as an area, frontage or yard for another lot, building or use. Except as otherwise specifically provided in this Code, only one principal single-family residential building shall be permitted on a lot.

(Ord. 1070, § 40-3-5, passed 7-20-1998) Penalty, see § 1-1-19

   No temporary structure (including but not limited to, travel trailers, horse trailers, motor homes, homes, shipping containers, tents, or portable, on-demand storage units, PODS) shall be used or occupied for any residential, commercial, institutional or industrial use. However, the City Council, or its designee, may permit the use of such temporary structures or containers for a reasonable time, for such use, and subject to such conditions as the city deems to be compatible with the character of the area in which the structure is located, and in compliance with reasonable consideration of the general health, safety and welfare.

(Ord. 1608, passed 7-2-2012)

   Pertaining to principal buildings, both yards abutting a street shall comply with the front yard requirement of the district in which it is located.

(Ord. 1070, § 40-3-7, passed 7-20-1998) Penalty, see § 1-1-19

   All lots, except in the A-1 District and row dwellings, shall abut a public street with a minimum frontage distance of 50 linear feet.

(Ord. 1070, § 40-3-9, passed 7-20-1998) Penalty, see § 1-1-19

   No parcel of land described by metes and bounds or any lot shall hereinafter be created which does not conform with and meet the requirements of this code and other ordinances of the city.

(Ord. 1070, § 40-3-10, passed 7-20-1998) Penalty, see § 1-1-19

   No legally required yards, courts, or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building.

(Ord. 1070, § 40-3-11, passed 7-20-1998)

   Subject to the requirements that there be a minimum distance of 15 feet between any point on a principal building and any point on any principal building on an adjacent lot, the following exceptions shall apply:

   (A)   Cornices, chimneys, planters, or other similar architectural features may extend two feet into a required yard.

   (B)   Open, unenclosed porches at ground level may extend into a required yard not more than six feet.

   (C)   Fire escapes may extend into a required yard no more than four feet.

   (D)   Patios extending into required rear yards may be covered by a roof, but shall not be enclosed by walls. Such covered patios shall extend no more than ten feet into the required rear yard.

   (E)   Canopies, eaves, balconies, roof overhangs or other similar features not included in the foregoing parts of this section, may extend into a required yard not more than four feet.

   (F)   Unless otherwise provided for in this § 40-3-12, notwithstanding the front setback requirements of Area Bulk Schedule, § 40-2-3(A), the following shall apply in all residential districts and to lots in the B District developed with residential structures: Where 50% or more of the lots on one side of a street, between intersecting streets, are developed with buildings, and where the front setbacks of such developed lots do not vary by more than ten feet, the minimum front setback required shall be the mean average of the front setback of such developed lots.

(Ord. 1070, § 40-3-12, passed 7-20-1998) Penalty, see § 1-1-19

   All yards, courts, and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building.

(Ord. 1070, § 40-3-13, passed 7-20-1998)

   No yards now or hereafter provided for a building on the effective date of this code shall subsequently be reduced below, or further reduced below, if already less than, the minimum yard requirements of this code for equivalent new construction.

(Ord. 1070, § 40-3-14, passed 7-20-1998)

   Any light used for the illumination of signs, parking areas, swimming pools, or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring residential properties and away from the vision of passing motorists. Any appeals of direct lighting requirements or nuisance complaints will be directed to and supervised by the City Council.

(Ord. 1070, § 40-3-15, passed 7-20-1998)

   No building permit shall be issued in any district where the change in elevation within 50 feet of any wall of the principal building would exceed 4%, until the following additional requirements have been met:

   (A)   A site plan shall be drawn to a reasonable scale with contour intervals at least every ten feet, and the location of all buildings and structures and their required minimum yard requirements shall be indicated. The principal use of the lot shall be indicated.

   (B)   Adequate evidence must be presented to show that undue erosion will not result from development and use of the lot. Structural, mechanical and locational measures shall be taken to prevent and protect any building from hillside slippage.

   (C)   A stable angle of recline for the properties of soil on the lot shall be provided.

   (D)   Significant changes in the natural flow of watercourses are prohibited, nor shall excessive runoff of storm water otherwise be permitted.

   (E)   Adequate consideration shall be given to access to the property and to emergency vehicle access and turnarounds to the principal building.

   (F)   Structural and mechanical devices shall be installed to provide reasonable protection against undue hazards created or caused by the development.

   (G)   In no case shall any development be detrimental to adjacent properties.

   (H)   Before any building permit or certificate of occupancy shall be issued for any such lot, the Zoning Administrator shall review the site plan and determine that all conditions imposed hereunder have been complied with.

(Ord. 1070, § 40-3-17, passed 7-20-1998) Penalty, see § 1-1-19

   (A)   One flagpole no more than 20 feet above ground level, and not more than two flags measuring no more than three feet in width and no more than five feet in length is permitted on each lot in all residential zoning districts. One flagpole no more than 35 feet above ground level and two flags measuring no more than five feet in width and no more than eight feet in length is permitted on each lot in all business, industrial, and agricultural zoning districts.

   (B)   No flagpole shall be permitted on any public right-of-way or easement.

   (C)   The Board of Zoning Appeals, also known as the Zoning Board of Appeals, shall, under the provisions of § 40-7-4 of this code, have the power to grant a variance from the requirements of this section to allow one flagpole of no more than 40 feet above ground level on each lot.

   (D)   After consideration of an application for a flagpole higher than 40 feet above ground level by the Board of Zoning Appeals, also known as the Zoning Board of Appeals, and its recommendation thereon, the City Council shall have the power to grant further variance from the requirements set forth in this section. The City Council shall not grant a variance from the aforementioned requirements unless it finds that the conditions set forth in § 40-7-4(B) of this code exists.

(Ord. 1169, passed 1-2-2001) Penalty, see § 1-1-19