The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating proposed buildings in residential zones and establishing an official frost depth of twenty four inches (24") within the jurisdiction. It is intended to protect property values, create a more attractive economic climate and enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of designated areas. It is further intended to reduce the deterioration of the natural environment and enhance community development. (Ord. 431, 10-24-2002)

ADJACENT PROPERTY: Real property sharing one common boundary with another parcel of real property. Public roads separating parcels of real property shall be disregarded in determining whether property is "adjacent property".

APPROVED (As To Materials And Type Of Construction): Refers to approval by the building official as the result of investigation and tests conducted by the building official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations.

BUILDING: Any structure used or intended for supporting or sheltering any use occupancy.

BUILDING, EXISTING: A building erected prior to the adoption of this title, or one for which a legal building permit has been issued.

BUILDING, TEMPORARY: A building used temporarily for the storage of construction materials and equipment incidental and necessary to on site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.

NONCONFORMING BUILDING: A building or structure or portion thereof lawfully existing at the time this title became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the district in which it is located.

PERSON: A natural person, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

RENOVATION: Interior or exterior remodeling of a structure, other than ordinary repair.

REPAIR: The reconstruction or renewal of any part of any existing building for the purpose of its maintenance.

SHALL: As used in this title, is mandatory.

WEATHER EXPOSED SURFACES: All surfaces of walls, ceilings, floors, roofs, soffits and similar surfaces exposed to the weather. (Ord. 431, 10-24-2002)

   (A)   Any person or persons building in a residential zone shall be required to have the weather exposed surfaces of the building to be of similar appearance and finish as other buildings in the immediate neighborhood or as approved by the building official.

   (B)   All commercial construction shall have plans prepared by a registered design professional and bear the stamp and signature of same design professional (structural engineer or architect) as required by the building official. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)

   (A)   Residential Landscaping: It is the intent of this section to protect and preserve the appearance, character, and value of the surrounding neighborhoods. Residential development should compliment the visual character of the landscape and not cause visual deterioration or destruction so as to be an asset to the community.

      1.   Minimum requirements:

         a.   All residential building permit applications will have an attached landscaping plan to the application, and no permit shall be issued without the Planning and Zoning Commission or their designated representatives approval of the attached landscaping plan.

         b.   Landscaped, landscaping or landscaped area shall mean that area of land covered with at a minimum seventy-five percent (75%) of living vegetative which may include but not limited to lawn grass, ground cover, trees, shrubs, vegetables, and flowers.

         c.   The landscaping plan may also include ornamental landscaping materials to include but are not limited to round/irregular rock boulders, landscape bark, and mulch, including rubber mulch.

         d.   All commercial building permit applications in conjunction with a planned unit development will be required to follow all the requirements of this chapter prior to a building permit being issued.

         e.   All landscaping in conjunction with an approved landscaping plan shall be completed prior to or within six (6) months of construction completion. (Ord. 553-2023, 9-7-2023)

   (A)   It is the intent of this section to provide requirements for the installation and maintenance of driveway s in a residential zone.

      1.   Minimum Requirements:

         a.   All residential building permit applications will be required to include driveway dimensions and specifications in the plans in conformance with the regulation in this chapter.

         b.   Residential use driveway approaches shall not exceed twelve (12') feet in width for a single use drive or twenty ( 24'1 feet wide for a double use drive. Joint use drives between two (2) separate properties to serve multi-family residences will be allowed: however, the total width shall not exceed forty (40') feet.

         c.   Driveway s will extend, in length to the property line, and remain out of all easements.

         d.   Driveways shall be constructed with a surface consisting of concrete, asphalt, pavers, or gravel: furthermore, the driveway shall be constructed with an appropriate grade to promote water runoff.

          e.   Residential use driveway s shall be maintained free of weeds and replaced, or repaired at expense of the owner.

         f.   All commercial building permit applications in conjunction with a planned unit development will be required to follow all the requirements of this chapter prior to a building permit being issued. (Ord. 553-2023, 9-7-2023)

Whenever a person or persons seeks to structurally alter or remodel an existing nonconforming building, the provisions of this section shall conform with chapter 11 of this title except as listed below:

The provisions of subsections 5-11-1(A) and (B) of this title do not apply to temporary buildings or to accessory buildings under one hundred twenty (120) square feet for commercial and two hundred (200) square feet for residential uses. (Ord. 553-2023, 9-7-2023)

Should any building not be applied for or constructed in violation of any of the terms of this chapter, the building official shall notify. in writing, the owner or lessee of such building to apply for, alter or remove the building or addition. If the owner of lessee of any such building fails to apply for, alter or remove the building, or addition in accordance with the notice from the building official within ten (10) days of receipt of the written notice, the failure to comply with such notice shall be a misdemeanor. (Ord. 553-2023, 9-7-2023)