The Supplemental Site Development Regulations recognize the existence of special conditions that cannot comply literally with the site development regulations set out for each zoning district. Therefore, these regulations qualify or modify the district regulations of this Zoning Code and provide for specific areas of exception.

   1.   Lots Adjoining Alleys. In calculating the depth of a required side or rear yard setback for a lot adjoining a dedicated public alley, one-half of the alley may be credited as a portion of the yard.

   2.   Exceptions to Openness of Required Yards. Every part of a required yard shall be open and unobstructed from finished grade upward, except as specified herein.

      A.   Architectural projections, including roofs which cover porches, enclosed porches, windowsills, belt courses, cornices, eaves, flues, and chimneys, and ornamental features may project three feet into a required yard.

      B.   Terraces, patios, and attached features must be set back at least five feet from an adjacent side lot line, ten feet from the rear lot line, or 20 feet from any street property.

      C.   Fire escapes, fireproof outside stairways, and balconies opening to fire towers may project a maximum of 4.5 feet into a required rear or interior side yard, provided that they do not obstruct the light and ventilation of adjacent buildings.

      D.   For buildings constructed upon a front property line, a cornice may project into public right-of-way. Maximum projection is the smaller of four feet or five percent of the right-of-way width.

      E.   In commercial districts, a canopy may extend into a required front yard, provided that the canopy is set back at least five feet from the front property line, covers less than 15 percent of the area of the required front yard, and has a vertical clearance of at least 8 feet, 6 inches.

      F.   Accessory buildings are subject to all site development regulations of its zoning district, except as provided below:

         (1)   Side Yards. An accessory building may be located a minimum of three feet from the side lot line of the property if it is located between the rear building line of the principal building and the rear property line.

         (2)   Front Yards. No accessory building may be located between the front building line of the principal building and the front property line.

         (3)   Rear Yard. The minimum rear yard setback for accessory buildings shall be 5 feet. This minimum rear yard setback shall be increased to 15 feet if the accessory building requires vehicular access from an alley. Double-frontage lots shall require front-yard setbacks along both street frontages as set forth in Table 168.3. Easements may be incorporated into these required setbacks. No accessory building shall be located within any easement or right-of-way along the rear property line.

         (4)   Street Yards. No accessory building shall be located within a required front yard or street side yard.

         (5)   Maximum Size. With the exception of detached garages, no accessory building shall exceed 144 square feet, or 1.5% of the total lot area, whichever is larger, within a residential district. The maximum size of a detached garage for a single-family detached, single-family attached, or duplex residential uses shall not exceed 30% of the building coverage of the back lot. All buildings on a site, taken together, must comply with the building coverage requirements for the zoning district.

         (6)   Height. The maximum height for accessory buildings shall be 20 feet. The exterior side wall height shall not exceed 14 feet. The height shall be measured from grade, and shall include the foundation or retaining walls.

         (7)   Separation from Other Buildings. No accessory building shall be placed within ten feet of any other building on its own property or any adjacent properties unless it meets applicable separation requirements of the City’s Fire Code.

         (8)   Attached Accessory Buildings. Any accessory building physically attached to the principal building shall be considered part of the principal building and subject to the development regulations of its zoning district.

         (9)   Effect on Adjacent Properties. If an adjacent lot is built upon, the accessory building must be entirely to the rear of the front building line of any principal building on such adjacent lot. No accessory building shall damage adjacent property by obstructing views, inhibiting solar access, or hindering ventilation.

         (10)   Hazards. Any accessory use which creates a potential fire hazard shall be located a minimum of ten feet from any residential structure. Such uses include but are not limited to detached fireplaces, barbecue ovens, or storage of flammable materials.

         (11)   No accessory building shall be built upon any lot until construction of the principal building has begun.

      G.   Lampposts with a maximum height of 10 feet and flag poles up to a maximum height of 25 feet may be located within required yards, provided they are set back at least 5 feet from property lines.

   3.   Setback Adjustments.

      A.   Setbacks on Built-Up Blockfaces. These provisions apply if 40 percent or more of the buildings on that blockface have front yard setbacks different from those required for the specific district.

         (1)   If a building is to be built on a parcel of land within 100 feet of existing buildings on both sides, the minimum front yard shall be the mean setbacks of the adjacent buildings.

         (2)   If a building is to be built on a parcel of land within 100 feet of an existing building on one side only, the minimum front yard shall be the setback of the adjacent building.

         (3)   If a building is to be built on a parcel of land not within 100 feet of an existing building on either side, then the minimum front yard shall be the mean setback of all existing buildings on the blockface.

         (4)   No setback adjustment pursuant to this section shall create a required front yard setback more than five feet greater than that otherwise required by the applicable zoning district.

      B.   Corner Lots. Required setbacks shall not reduce the buildable width of any corner lot to less than 24 feet. Appropriate setback adjustments shall be allowed to maintain this minimum width.

   4.   Rear Yard Exceptions – Residential Uses. When an irregular lot is used for residential purposes, the rear yard may be measured as the average horizontal distance between the building and rear lot line, provided that the minimum setback shall not be less than 60 percent of the rear yard required by the zoning district.

   5.   Double Frontage Lots. Residentially zoned double frontage lots on a major street, and with no access to that street, may have a 25-foot minimum front yard setback along said street. All other double frontage lots must provide full front yard setbacks from each adjacent street.

   6.   Satellite Antennas.

      A.   Antennas with a surface area over 6.3 square feet which are accessory to a primary use and are designed to receive and transmit electromagnetic signals, or to receive signals from satellites, shall not be located within any front yard of the primary use.

      B.   Such antennas shall be located no less than 15 feet from the property line of an adjacent property within a residential zoning district.

   7.   Vision Clearance Zones. No structure, including a fence, shall be built to a height of more than three feet above the established curb grade on the part of the lot bounded by the street lines of the streets which intersect and a line connecting a point on each of such lines 40 feet from their point of intersection. No landscaping shall be planted in such area which will materially obstruct the view of drivers approaching the street intersection.

   These provisions allow exceptions to the height limit of any zoning district in certain situations.

   1.   Vertical Projections. Chimneys, cooling towers, building mechanical equipment, elevator bulkheads, fire towers, grain elevators, non-parabolic receiving antennas, tanks, solariums, steeples, penthouses not exceeding 25 percent of total roof area, flag poles, stage towers or scenery lofts, and water towers may be built to any height in accordance with existing and future ordinances. Such structures shall not extend into the approach zones, clear zones, or other restricted air space required for the protection of any public airport.

   2.   Amateur Radio Towers and FCC Pronouncements.

      A.   Radio towers, antennas and other appurtenances operated by licensed amateur radio operators, where permitted and when, may not exceed 75 feet in height. This height has been determined by the City to reasonably accommodate amateur service communications, and further represents the minimum practicable regulation to accomplish legitimate municipal land use regulation purpose, as recognized under published guidelines of the Federal Communications Commission.

      B.   Special instances may require that amateur radio tower heights exceed 75 feet to achieve effective and reliable communications. In such cases, the Council may grant a special use permit to a licensed amateur radio operator for a specific tower height that exceeds 75 feet. In determining whether to grant such permission, the Council shall consider the federal guidelines contained in PRB-1 (Amateur Radio Preemption, 101 FCC 2d (1985), codified at C.F.R. Section 97.15(e).

      C.   Such radio towers shall not be located within any front yard of the primary use.

   3.   Broadcast Towers. Broadcast towers, when operated by a federally licensed commercial or nonprofit organization, may be built to any height in accordance with existing and future ordinances, subject to approval of a conditional use permit. This exception does not apply to radio towers, antennas and other appurtenances operated by licensed amateur radio operators.

   4.   Civic Buildings. Buildings housing civic use types may be built to a maximum height of 60 feet. Such buildings located in residential districts shall be set back one foot in addition to required setbacks from each property line for each foot of height over the maximum height of the zoning district.

   5.   Wind Energy Conservation Systems (WECS).

      A.   The distance from all lot lines or any building or power line to any tower support base of a WECS shall be equal to the sum of the tower height and the diameter of the rotor. A reduction of this requirement may be granted as part of a special permit approval if the Planning Commission finds that the reduction is consistent with public health, safety, and welfare.

      B.   The distance between the tower support bases of any two WECS shall be the minimum of five rotor lengths, determined by the size of the largest rotor. A reduction of this requirement may be granted as part of a special permit approval if the Planning Commission finds that the reduction does not impede the operation of either WECS.

      C.   The WECS operation shall not interfere with radio, television, computer, or other electronic operations on adjacent properties.

      D.   A fence six feet high with a locking gate shall be placed around any WECS tower base; or the tower climbing apparatus shall begin no lower than 12 feet above ground.

      E.   The WECS is exempt from the height restrictions of the base district.

   6.   Conditional Permit Uses. The Board of Adjustment may grant an exception from the height limit for a zoning district for a conditional use, as part of its approval of that use. The limit or extent of this exception shall be a specific part of the conditional use permit.

   7.   Federal Aviation Administration Rules. No structure may be built in any zoning district which exceeds the maximum height permitted under the rules of the Federal Aviation Administration. These rules describe the glide angles and operational patterns for any airport within the planning jurisdiction of the City.

   In the instance that this Zoning Code provides for creative subdivisions, the City may authorize such subdivisions to allow for greater flexibility in the design and development of subdivisions, in order to produce innovative residential environments, to provide for more efficient use of land, to protect topographic and to encourage the preservation of common area and open space. These special regulations and design exceptions apply only to creative subdivisions.

   1.   Site Area Per Unit. Unless otherwise provided, the site area per unit for a creative subdivision as a whole shall be that of the zoning district in which such subdivision is located. For the purpose of computing site area per unit, the area of public streets and private ways within the subdivision must be excluded. Residential use types may be combined within the creative subdivision provided that the subdivision as a whole complies with the required maximum density of the zoning district.

   2.   Perimeter Yards. Structures must maintain normal street yard setbacks from any public streets that form the perimeter of the development. Structures must maintain a 20-foot minimum side yard setback from any property line that forms the boundary of the development.

   3.   Area and Yards for Individual Lots.

      A.   Individual lots within a creative subdivision are exempt from minimum lot area or yard setback requirements set forth elsewhere in this Zoning Code, unless provided for by the regulations for a specific zoning district. A creative subdivision must be planned and developed as a common development. A minimum separation of 20 feet shall be established for all residential structures not attached to one another, unless the City Council grants a specific exception for developments proposing unique circumstances, only in as much as said development can be demonstrated to avoid detriment to the City’s efforts to protect public health, safety, welfare, community character, property values and aesthetics.

      B.   Any private garage oriented to or facing a public street or private way internal to the creative subdivision must be set back a minimum of 25 feet from that public street or private way.

   4.   Coverage and Landscaping Requirements. Individual lots in a creative subdivision are exempt from maximum building and impervious coverage limitations and street yard landscaping requirements established for the zoning district. However, the subdivision as a whole, including streets, walks, and access ways, must comply with the building and impervious coverage regulations for its zoning district.

   1.   Permit Required. It shall be unlawful for any person to construct, alter, replace or relocate any fence or landscape wall within the City without first obtaining the appropriate permit(s) as required by the City Code of Ordinances and Zoning Code. A written application for the permit shall be filed with the Director of Planning. The application shall include the street address or legal description of the property, the name of the owner, the name and address of the person performing the work, and the proposed plan of construction or repair. The plan of construction or repair must include the depth, width, and type of material used along with where it will lie compared to structures and lot lines. The Director of Planning shall issue the permit if the proposed plan meets all the requirements of this chapter and the fence regulations including any specifications contained herein, if the fee is paid, and if the construction or repair as planned will not create any substantial hazard. A permit shall expire six (6) months after the date of issuance, if the fence is not constructed at that time.

   2.   The applicant for a fence permit shall pay a permit fee to the Clerk to cover the cost of issuing the permit and supervising, regulating, and inspecting the work. All permit fees under this chapter shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such permit fees may, from time to time, be amended by the Council by resolution. A copy of the resolution setting forth the currently effective permit fees shall be kept on file in the office of the City Administrator and shall be open to inspection during regular business hours.

   3.   Location Restriction. Unless otherwise provided by this Zoning Code or other sections of this Code of Ordinances, no fence shall be built on any lot or tract outside of the property owner’s surveyed lot lines. If a fence is erected along the property lines the owner installing the fence must ensure there is a permanent means for maintaining both sides of the fence subject to state and local ordinances. No landscape retaining wall shall be installed within two feet of the lot line of another property that is in excess of 24” without first conducting a consultation meeting with the City’s storm water coordinator and the adjoining property owner.

   4.   Responsibility. The property owner erecting the fence/wall is responsible for the following provisions:

      A.   Ensuring the fence is located on their property in accordance with the provisions of this section.

      B.   Maintaining the fence on both sides.

      C.   Ensuring that the fence be maintained in a state of good repair and kept safe for pedestrians or other traffic.

   5.   Required Openings. Unless otherwise provided by this Zoning Code or other sections of this Code of Ordinances, any fence built on residential property within required front or street side yards shall contain openings constituting no less than 50 percent of the surface area of the fence.

   6.   Sight Obstruction. No fence permitted or required by this Zoning Code or other sections of this Code of Ordinances shall be built within a triangle formed by the adjacent curb lines of two intersecting streets and a line connecting points 40 feet on each leg from their point of intersection; or otherwise in any manner create a traffic hazard or obstruction to visibility.

   7.   Facing. The finished surfaces or decorative side of any fence shall face toward adjacent properties and street frontage.

   8.   Effect on Adjacent Properties. No fence shall damage adjacent property by obstructing views, inhibiting solar access, or hindering ventilation.

   9.   Residential Fences. Fences constructed within residential districts or on land used for residential purposes are subject to the following provisions:

      A.   Height. The maximum height of a fence within a front yard or street side yard setback shall be four feet. The maximum height for any fence outside of a required front yard shall be six feet and is measured from the property grade.

      B.   Exception for Street Side Yards. On corner lots, a fence built parallel to the street side yard line but set back in conformance with the street yard setback may have a maximum height of six feet.

      C.   Exception to Openness Requirement. Fences built on residential property outside of required front or street side yards may exceed 50 percent closed construction.

      D.   Exception for Front Yards of Double Frontage Lots. A fence built within the required front yard of a double frontage lot may be a maximum of six feet in height and may exceed 50 percent closed construction if such lot fronts an arterial street or expressway, as defined in the Comprehensive Development Plan of the City, and if such frontage does not provide primary access to the property.

      E.   Prohibited construction methods. No woven, twisted, welded or interlaced wire fence shall be erected on residential properties. No chain link or wired fence of any kind shall be constructed or maintained with the cut or selvage end of the fencing material exposed and leaving an opening more than two inches above the ground or extending upward beyond the cross bar.

      F.   Materials. Fences shall be constructed of wood, PVC/ resin, stone, wrought iron, masonry or chain link materials only. Wood fences shall utilize standard building lumber only.

      G.   Location restrictions. Fences may not be constructed on lots unless a primary building is in place, with the exception of a temporary fence for safety as approved by the City or Zoning Administrator.

      H.   Prohibited Materials. A fence or wall may not be designed to cause pain or injury to humans or animals. Therefore, the use of spikes, broken glass, barbed wire, razor wire, nails, electrical charge or other similar materials shall be prohibited.

      I.   Fences may not be constructed within two feet of a public sidewalk.

   10.   Nonresidential fences.

      A.   The maximum height of a fence for any permitted use in a nonresidential district shall be eight feet.

      B.   The Board of Adjustment may approve greater fence heights on a case-by-case basis if it concludes that such permission furthers the health, safety, and welfare of the residents of the City.

      C.   Barbed wire or electrified fences above grade shall not be used in the construction of any fence within the corporate limits of the City.

   11.   Covenants. The City does not enforce covenants on file with the Recorder. Property owners shall be aware of all restrictive covenants for their platted subdivision.

   12.   Easements: No fence may be allowed to be constructed, built or located over a public easement, unless otherwise noted in this ordinance or approved by the zoning administrator.

   13.   Overland flowage easements.

      A.   Fences may encroach into an overland flowage easement providing measures are taken to make certain that the fence does not restrict the water flow, cause siltation buildup, etc.

      B.   Permitted fence material includes chain link, wrought iron fencing, picket style fencing that is at least thirty percent (30%) open, or other fencing styles that are at least thirty percent (30%) open.

      C.   Solid fencing shall be elevated a minimum of six inches (6") through the swale part of the easement to allow water flowage.

   14.   Nonconforming fences. Any fence existing on the effective date of this Chapter and not in conformance with this Section may be maintained, but alterations, modifications, relocations or improvements of more than fifty percent (50%) of said fence shall require a permit and the owner to bring the fence into compliance with this Section.

   15.   Miscellaneous. Fences which enclose public or institutional parks, playgrounds, or schoolyards in residential areas shall be of open type not exceeding 6' in height except as required for recreational purposes such as baseball backstop when a limited section(s) of open fence up to 10' in height is allowed, where necessary to provide for such backstop or similar purposes.

   Denial, revocations, or cancellations of a building permit based on the provisions of this chapter may be appealed to the Board of Adjustment, as set forth in Chapter 177.