The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in these zoning regulations.

(1)

For public buildings, semi-public buildings, public service buildings, hospitals, institutional buildings, schools, and churches and similar places of worship are permitted, one foot of additional height will be permitted for each one foot of additional building setback provided.

(2)

Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio and television towers, or necessary mechanical appurtenances, which do not conflict with airport approach zones, may be erected to a height not to exceed 150 feet.

(3)

Accessory buildings may be built in a side or rear yard. When any accessory building is constructed in a rear yard, it shall not encroach on any required utility easements and shall not be located any closer to the rear lot line of the property than five feet, except that where vehicular access to a garage is perpendicular to the alley line, a setback of at least 15 feet from the alley line shall be required. Any parcel under ½ acre will have a maximum 1,500 square feet building/floor area and all structures not to exceed 35 percent of the total lot square footage. Any parcel between ½ acre and one acre will have a maximum 2,000 square feet building/floor area. Any parcel over one acre will have a maximum 2,500 square feet building/floor area.

(4)

No accessory building shall be used for dwelling purposes.

(5)

The setback line for yard requirements shall be determined by measuring the horizontal distance from the property line to the nearest architectural projection of the building.

(6)

Open outside stairways, entrance hoods, canopies, balconies, bay windows, eaves or overhangs, unenclosed or screened porches, awnings, steps, chimneys, flues, ventilating ducts and basement egress window wells may project into a required side yard not more than two feet, may project into a required rear yard not more than five feet, and may project into a required front yard not more than eight feet. Heating and air conditioning units are allowed in side and rear yards.

(7)

For the purpose of the side yard regulations, a two-family dwelling or a multiple-family dwelling shall be considered as one building occupying one lot.

(8)

Whenever the number of employees is restricted in connection with any use in the commercial districts, such maximum number applies only to employees principally engaged in processing, selling, or treating materials or products on the premises and not to employees engaged in delivery or off-site similar activities.

(9)

Wireless communications towers including cellular telephone towers in A-L, R-S, C-S, C-O, C-1, C-2, C-3, I-1 and I-2 districts, providing the height of said towers do not conflict with any airport approach or landing zone or with any other ordinance. The installation conforms to the following special regulations:

a.

The minimum distance from any lot or property line to any tower, pole or other support structure shall be the total maximum height of the tower, pole or other support structure plus attached antennas.

b.

Anchors, guy wires, and other accessory structures may not be located in any required yard.

c.

The tower, pole or other support structure shall not exceed the maximum height restriction in the zone where it is located by more than 30 feet, unless technical data indicating a greater requirement for adequate reception is provided.

d.

Unauthorized access to the tower, pole, or other support structure, including anchors and guy wires, shall be limited by provision of an immediately surrounding six-foot-high fence with locking portal. Tower climbing apparatus shall be limited to no lower than 12 feet from the ground.

e.

Telecommunications towers shall be located in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach and clearance around VOR and DVOR stations.

f.

The tower or other support structure shall be designed to permit addition of antenna array for at least two additional service providers so as to limit the number of permitted structures in the zoning jurisdiction.

g.

Information certifying safety and structural integrity of the tower or other support structures shall be certified by a licensed engineer and filed with the permit application.

h.

When located within 1,000 feet of a residential district, the tract shall be appropriately landscaped to produce a visually pleasing appearance.

i.

An application for a permit to site a wireless telecommunications facility shall be accompanied by the following:

1.

A site development plan, including landscape provisions and topographic information.

2.

A technical description of the tower and the reasons for its design and location.

3.

An explanation of need for a separate tower as opposed to an existing facility.

4.

Information establishing structural integrity and capacity for additional antenna array.

5.

Proof of ownership or authorization to use the proposed site.

6.

Copies of any necessary easements.

7.

A certificate of liability insurance.

8.

An affidavit certifying that space on the proposed tower will be made available to future users when technically feasible.

j.

The applicant shall also provide such other additional support information as may be determined by the city.

(10)

On a corner lot in any residential district, the sight triangle shall be adhered to.

(11)

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.

(12)

Major recreational equipment such as boats, boat trailers, travel trailers, pickup campers or coaches, except when mounted on a vehicle camping buses or converted trucks, and tent trailers shall not be stored in a residential district except within an enclosed building, or behind the front setback line in the side or rear yard.

a.

On a corner lot such equipment shall be kept back of the front setback lines on both street sides.

b.

No such recreational equipment shall be utilized for living, sleeping, housekeeping or storage purposes when parked on a residential lot or in any location not approved for such use.

c.

No utility hookups shall be permitted for recreational equipment.

d.

Only equipment owned by the property owner or tenant shall be stored on the premises.

(13)

In all districts permitting residences a separate detached accessory building may be erected on a lot without a main building provided the building is used only for storage purposes associated with residential uses, residential garage or other normal residential accessory uses. Any parcel under ½ acre will have a maximum 1,500 square feet building/floor area and all structures not to exceed 35 percent of the total lot square footage. Any parcel between ½ acre and one acre will have a maximum 2,000 square feet building/floor area. Any parcel over one acre will have a maximum 2,500 square feet building/floor area; all rear and side yard requirements of the district are observed and the building or structure is not erected in the area normally used or intended to be used for a main building, and provided further, that no home occupation shall be carried on in this building until such time as the main building or residence is erected.

(14)

Temporary construction signs may be utilized in conjunction with active projects during the period between project initiation and completion. Such signs shall be removed immediately upon completion of construction activity.

(15)

Floor Area Ratio Worksheet.

a.

Floor Area Ratio Worksheet for use in R-1 district for single-family homes constructed on lots after the 2nd Day of May 2023 in the R-1 Districts shall be permitted.

b.

The applicant for the residential building permit must complete the FAR Worksheet.

c.

The completed Worksheet must be accompanied by a Plot Plan with the existing and proposed construction indicated on the plan.

d.

To ensure compliance with this requirement, the FAR Worksheet and the Plot Plan must be completed and approved by the Building Official and Board of Zoning Appeals.

(Ord. No. 3826(1), art. XXVI, § 1, 7-3-2001; Ord. No. 4262, § 1, 6-4-2019; Ord. No. 4321, § II, 5-16-2023)

The front yards heretofore established shall be adjusted in the following cases:

(1)

Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (with a variation of five feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing buildings.

(2)

Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (with a variation of five feet or less) a front yard lesser in depth than herein required, the zoning administrator shall have the authority to reduce the setback requirement.

(Ord. No. 3826(1), art. XXVI, § 2, 7-3-2001)

Except as otherwise specifically provided in other codes, ordinances, or resolutions, the following regulations shall apply to the construction of fences:

(1)

Privacy fences of a height greater than three feet, or chainlink fences of a height greater than four feet shall not be constructed closer to the street than the front setback line established for the district in which such fence is to be erected, except that fences installed upon public or parochial school grounds or in public parks and public playgrounds may be permitted by special use permit approved by the board of zoning appeals without any front yard setback limitation, providing the fence does not encroach on any required utility easements or cause any vision impairment for vehicles.

(2)

No fence shall be constructed which will constitute a traffic hazard.

(3)

No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.

(4)

No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight, or hindering ventilation, or any fence which shall adversely affect the public health, safety, and welfare.

(5)

No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than eight feet.

(6)

All fences shall conform to the construction standards of the building code and other applicable ordinances and resolutions.

(7)

Fences shall be constructed of typical fence materials and shall under no circumstances be constructed of corrugated metal or tin.

(8)

It shall be unlawful for any person to construct, set or maintain any barbed wire or barbed wire fence or enclosure within the city except for:

a.

The purpose of enclosing livestock; or

b.

Upon property zoned as "A-L" agricultural; or

c.

Upon property zoned as commercial or industrial provided such barbed wire or barbed wire fence is maintained at least six feet above ground level.

(Ord. No. 3826(1), art. XXVI, § 3, 7-3-2001; Ord. No. 4201, § I, 12-6-2016)

Building setback lines are hereby established for all arterial and collector streets, as shown on the adopted major street plan in the city comprehensive plan. The setback lines, as established in this section, shall be held to the minimum for the purpose of promoting the public health, safety, morals, order, convenience and economy in the process of development and shall conform with the following requirements:

(1)

Arterial streets. No building or structure which fronts or sides on an arterial street shall be located nearer to the centerline of the arterial street than the sum of the required front yard (in feet) plus 50 feet, except as provided in section 40-710. In no case shall the front yard setback be less than 25 feet or whichever of the requirements is greater.

(2)

Collector streets. No building or structure which fronts or sides on a collector street shall be located nearer to the centerline of the collector street than the sum of the required front yard (in feet) plus 40 feet, except as provided in section 40-710. In no case shall the front yard setback be less than 25 feet or whichever of the requirements is lesser.

(Ord. No. 3826(1), art. XXVI, § 4, 7-3-2001)

A canopy or marquee may be permitted to overhang a public way in a C-3 district provided that:

(1)

The canopy or marquee, is constructed and maintained in accordance with the city building code and other applicable codes, ordinances, and resolutions.

(2)

No portion of the canopy or marquee, including supports, shall be less than seven feet above the level of the sidewalk or other public way.

(3)

The canopy or marquee, shall not extend beyond a point two feet inside the curbline of a public street.

(4)

Canopies and marquees are required to drain in a proper manner.

(Ord. No. 3826(1), art. XXVI, § 5, 7-3-2001)

The following temporary uses are permitted:

(1)

Christmas tree sales. Christmas tree sales in any business or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations provided that no trees shall be displayed which would obstruct intersection sight distance requirements.

(2)

Contractor's offices. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of such project.

(3)

Real estate offices. Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.

(4)

Carnivals and circuses. A carnival or circus, only for a period that does not exceed one week. Such use need not comply with the front yard requirements, provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements for the street intersection sight distance as defined by these regulations.

(5)

Fireworks stands, farmers markets and other seasonal uses. Special temporary seasonal uses may be permitted for such time period and under such conditions as may be required by the city.

(Ord. No. 3826(1), art. XXVI, § 6, 7-3-2001)

Wind energy conversion systems (WECS) may be permitted subject to the following requirements:

(1)

The minimum distance from any lot line to any tower, pole or other support structure of the wind energy conversion system shall be established by the following minimum standards:

Intermediate rotor size distances shall be interpolated from the above values.

(2)

The WECS shall not be located in any required setback.

(3)

The WECS shall not cause interference to microwave communications or radio and television reception in the area. Noise levels measured at the lot line shall not exceed 60 dBA in a residential zone.

(4)

To limit climbing access to WECS tower, or other support structure, a six-foot-high fence with locking portal shall be placed around the WECS support or if a tower is utilized, the tower climbing apparatus shall be limited to no lower than 12 feet from the ground or the WECS support may be mounted on a rooftop.

(5)

All blades of a WECS shall be constructed of non-metallic substances. If the applicant can prove, in writing form, that no electromagnetic interference will result, a metal content of up to 25 percent will be acceptable.

(6)

The WECS shall be located in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach and clearance around VOR and DVOR stations.

(7)

Height of the WECS shall not exceed the maximum height restriction in the zone where it is located by more than 20 feet. The height of the WECS shall be measured at the center of the blade diameter.

(8)

Data pertaining to the WECS's safety and structural integrity shall be certified by a licensed engineer and filed with the building permit application. The tower or support and top adapter shall meet the restrictions specified in the city's building code.

(9)

The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's current service regulations applicable to WECS.

(10)

A plot plan shall be submitted with the application for building permit showing the proposed location and height of the WECS, fencing and all existing buildings within 200 feet of the exterior lot lines.

(11)

The owner/operator shall provide covenants, easements or similar documentation to assure sufficient wind to operate the WECS unless adequate accessibility to the wind is provided by the site.

(12)

The owner/operator shall certify that the WECS does not violate any covenants of record.

(13)

The applicant shall provide a certificate of liability insurance. Annually the owner/operator shall present evidence to the zoning administrator that the liability insurance is still in effect.

(Ord. No. 3826(1), art. XXVI, § 7, 7-3-2001)

Where joint driveways and joint garages were in existence prior to the passage of the ordinance from which these zoning regulations are derived, it shall be permissible to repair joint garages and it is not necessary to conform to the provisions governing internal lot lines. It shall be permissible to widen the driveway approach where there is an existing joint driveway.

(Ord. No. 3826(1), art. XXVI, § 8, 7-3-2001)

No building or addition thereto shall be erected over or across any public or private sewer or utility line, nor upon any platted or recorded easement, unless permission is granted in writing by the respective party whose lines are involved.

(Ord. No. 3826(1), art. XXVI, § 9, 7-3-2001)

In districts where mineral extraction is a permitted use, the following shall apply:

(1)

In the case of open excavation, there will be required a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located, and such fence shall be located 40 feet or more distance from the edge of such excavation.

(2)

The slope of the material in such sand, gravel or other pit shall not exceed the normal angle of repose of such materials, and the plane of such angle of repose shall not come nearer than 40 feet to any property lines.

(3)

In the case of a quarry or other excavation in rock, there will be required a substantial fence, with suitable gates at all points distant, 40 feet or more, from the face of any quarry walls.

(4)

Rock crushers, cement plants or other crushing, grinding, polishing, or cutting machinery or other physical or chemical process for treating the product of such quarry may be prohibited.

(5)

No such quarry shall be nearer than 40 feet to any property boundary line, street or highway right-of-way line.

(Ord. No. 3826(1), art. XXVI, § 10, 7-3-2001)

Whenever any street, alley or other public right-of-way is vacated by official action of the zoning districts adjoining each side of such street, alley or public-way shall be automatically extended to the center of such vacated street or alley and all area included in such adjacent shall then and thenceforth be subject to all regulations of the extended districts.

(Ord. No. 3826(1), art. XXVI, § 11, 7-3-2001)