(A)   Required area or space cannot be reduced. No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required by this title, except as provided in division (B) below of this section. No part of a yard, court, parking area, or other space provided about, or for, any building or structure for the purpose of complying with the provisions of this title, shall be included as part of yard, court, parking area, or

other space required under this title for another building or structure except for parking as provided in §§ 155.216 through 155.222. The required yard and lot dimensions are shown on Table 1. (See Appendix A following this chapter.) ('69 Code, § 7-9.01)

   (B)   Required yards reduced. Under certain conditions, a required yard on a subject property may be reduced when the applicant secures a conditional use permit and meets the following conditions:

      (1)   The applicant holds a minimum four-foot easement and deed restriction on all properties which will abut the reduced set-back lot line. Said easement and deed restriction shall:

         (a)   Permit access to the abutting property by the subject property owner, or his representatives, for the purposes of construction, reconstruction and maintenance of the subject property,

         (b)   Allow necessary footings and eaves for the subject structure,

         (c)   Require maintenance and paint color to be as close to the original construction and color as possible, except by written permit of the affected neighbor and

         (d)   Make the city an interested party to said easement and deed restriction.

      (2)   The reduced setback lot line wall must be a solid masonry wall except for windows facing the abutting property's front yard.

      (3)   The height of the structure shall not exceed 14 feet within any portion of the previously required yard, except when the structure is joined by a party wall with a structure on the abutting lot.

      (4)   The minimum distance between eaves of any building on the subject lot and any building on an abutting lot shall be eight feet, except when joined by a party wall.

      (5)   A reduced setback on a north lot line shall be approved only when the applicant can demonstrate that the abutting property's use of the adjacent space will not be restricted by the sun's shadow.

      (6)   The Administrator shall establish that the proposed development is compatible with the neighborhood.

('69 Code, § 7-9.02)

   (C)   Division of lots. No lot improved with a building or buildings shall hereafter be divided into two or more lots and no portion of any lot which is improved with a building or buildings shall be sold, unless all lots resulting from each such division or sale and improved with building or buildings shall conform with all of the bulk regulations of the district in which the property is located.

   (D)   Frontage and front yards.

      (1)   Street frontage required. Except as permitted by other provisions of this title, no lot shall contain any building used in whole, or part, for residential purposes unless such lot abuts for at least 40 feet on a street; and there shall be not more than one single-family dwelling for such frontage.

      (2)   Frontage modifications. In the case of curvilinear streets and cul-de-sacs, the Administrator may authorize a reduction of the otherwise specified lot frontage in R Districts provided that the lot width measured at the building line shall equal the frontage required in the district where located. All buildings shall be so placed so they will not obstruct the provision of future streets when so requested by the Commission.

      (3)   Double frontage lots. Lots having frontage on two non-intersecting streets shall be deemed as double frontage lots. Double frontage lots shall be subject to maintain the required front yard setback along both streets, except those yards along county, state or federal highway right-of-ways in the following subdivision: Castlewood Knolls, Dano Addition, Glenwood Heights First Addition, Homewood Hills 7th Addition, and Watlands Second Addition.

      (4)   Average depth of front yards. In any R District, where the average depth of at least two existing front yards on lots within 150 feet of the lot in question and with in the same block front is less or greater than the least front yard depth prescribed elsewhere in this title, the required depth of the front yard on such lot shall be modified to be not less than the average depth of said existing front yards on the two lots immediately adjoining, less five feet; provided, however, that the depth of a front yard on any lot shall be at least ten feet and need not exceed 35 feet.

      (5)   Vision clearance on corner lots. On any corner lot, no foliage, fence, sign or other structure shall extend or be erected between a height of 2½ feet and eight feet above the elevation of the established grade at the intersection of the two street lines on that part of the lot which is bounded by the street lines of the two intersected streets and a line connecting two points of said street lines 25 feet from their point of intersection.

('69 Code, § 7-9.04)

   (E)   Side yard - corner lots. A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in an R District, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street. ('69 Code, § 7-9.05)

   (F)   Yard projection in R Districts. Certain architectural features may project into required yards or courts as follows:

      (1)   Front and side yards. Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves or other architectural features may project a distance not exceeding two feet, six inches; fire escapes and decks may project a distance not exceeding five feet, an

uncovered stair and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height; bay windows, balconies, uncovered porches and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than 1/3 of the length of the building wall on which they are located. Other canopies may be permitted under a conditional use permit issued by the Administrator.

      (2)   Interior side yards and rear yards. Subject to the limitations above, the above-named features may project into any required yard adjoining an interior lot line, a distance not to exceed one-fifth (1/5) of the required least width of such yard, but not exceeding three feet in any case, except that an uncovered deck may project into the required rear yard a distance not to exceed ten feet.

('69 Code, § 7-9.06) (Ord. 627, eff. 10-14-80)

   (G)   Fences, walls, hedges and signs. Fences, walls, hedges and signs may be located in any required yard or buildable lot area as required elsewhere in this title. ('69 Code, § 7-9.08)

   (H)   Rear dwellings. No building in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all the lot area, yard and other open space and off-street parking requirements of this title. For the purpose of determining the front yard in such cases, the rear line of the required rear yard for the principal building in front shall be considered the front lot line for the building in the rear. In addition, there must be provided for any such rear dwelling, an unoccupied and unobstructed accessway to a public street of not less than 24 feet width. ('69 Code, § 7-9.09)

   (I)   Side yard exception in R-1 and R-2 Districts. On lots created prior to August 1, 1969, the required side yard shall not exceed 13.33% of the frontage width. ('69 Code, § 7-9.10)

      (1)   The applicant has submitted a letter from a licensed physician specifying that the handicap/wheelchair ramp is necessary to accommodate a resident of the property.

      (2)   The handicap/wheelchair ramp shall be designed so as to encroach into the required setback the minimum distance feasible. In no case shall the ramp be closer than three feet from a property line unless in the opinion of the Zoning Administrator there is no other feasible alternative to the location of the ramp.

      (3)   The handicap/wheelchair ramp shall not encroach into any recorded easement or into the public right-of-way.

      (4)   The encroachment into the required setback shall be removed when the individual requiring the handicap/wheelchair ramp no longer resides on the property or the ramp is no longer required.

      (5)   The handicap/wheelchair ramp shall be designed and constructed in accordance with the applicable provisions of the Americans with Disabilities Act (ADA).

(Am. Ord. 896, passed 8-28-00; Am. Ord. 1152, passed 10-14-19)

   (A)   Maximum height limits and maximum bulk requirements set. The required height and bulk regulations are shown on the table Schedule of Density, Area and Bulk Regulation. (See Appendix A following this chapter.) ('69 Code, § 7-10.01)

   (B)   Height exceptions other than those specified for airport zoning. The height limitations of this title shall not apply to church spires, belfries, cupolas, penthouses and domes, not used for human occupancy, nor to chimneys, ventilators, skylights, wireless towers, water tanks, bulk heads, similar features and necessary mechanical appurtenances usually carried above the roof level. Such features however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. ('69 Code, § 7-10.02)

   (C)   Ornamental features. The provisions of this title shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. ('69 Code, § 7-10.03)

   (D)   Institutions. Public, semi-public hospitals, institutions, schools or public utility and service buildings, when permitted in a district, may be erected to a height not exceeding 60 feet, provided said specified buildings shall be set back from the front, rear and side lot lines on the ratio of two feet for every one foot of building height greater than 40 feet; provided, however, that said specified requirements shall apply in addition to the other requirements for building line setbacks and for rear and side yards specifically set forth in this title. ('69 Code, § 7-10.04)

   (A)   Requirements.

      (1)   All parking and loading space needs generated by development shall be accommodated off-street. Such spaces shall not be less in number than the parking and loading space requirements of Table 2 (See Appendix B following this chapter), except as provided in division (L).

      (2)   An exception to division (A)(1) above shall be made in the six block core area of the city bounded by 2nd Avenue, 5th Avenue, 9th Street and 11th Street. Table No. 6 designates the off-street parking required for the following uses in that six block core area:

         (a)   Residential use groups (Table 6 Parking Six Block Core Area). Table 6 lists the residential use groups and designates whether a particular use is required to provide off-street parking in the six block core area of the city, as defined above. To determine if a use is required to provide parking:

            1.   Find the use in the first column.

            2.   Read across to the second column. The Schedule of Uses for the B-2 Central Business District has been listed for information only, since the six block core area listed above is located entirely within the B-2 District. Table 5 designates the only uses permitted within this district.

            3.   Read across to the third column. If the word “Required” is listed then off-street parking spaces shall be required. If the words “Not Required” are listed, then off-street parking spaces shall not be required. If the phrase “may be exempt as determined through conditional use permit process” is listed, the use may or may not be required to provide off-street parking depending upon the outcome of the conditional use permit process required for that use.

         (b)   Nonresidential use groups (Table 6 Parking Six Block Core Area. Table 6 lists the nonresidential use groups and designates whether a particular use is required to provide off-street parking in the six block core area of the city, as defined above. To determine if a use is require to provide parking:

            1.   Find the use in the first column.

            2.   Read across to the second column. The Schedule of Uses for the B-2 Central Business District has been listed for information only, since the six block core area listed above is located entirely within the B-2 District. Table 5 designates the only uses permitted within this district.

            3.   Read across to the third column. If the word “Required” is listed then off-street parking spaces shall be required. If the words “Not Required” are listed, then off-street parking spaces shall not be required. If the phrase “may be exempt as determined through conditional use permit process” is listed the use may or may not be required to provide off-street parking depending upon the outcome of the conditional use permit process required for that use.

      (3)   The sole purpose of Table 6 is to specify whether or not a particular use is required to provide parking in the six block core area of the city as defined in division (A)(2) above. Some uses listed in Table 6 may not be permitted by the underlying zoning district which encompass the six block core area. Table 6 shall not be read or utilized in any way to determine whether or not a specific use is permitted or not permitted by the underlying zoning district.

('69 Code, § 7-11.01) (Am. Ord. 821, passed 4-8-96; Am. Ord. 853, passed 1-12-98)

   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)   LOADING SPACE. A dustless and durable, hard surfaced area of adequate size for the delivery vehicles expected to be used, logically and conveniently located for bulk pickup and delivery, readily accessible when required parking spaces are filled, which shall be located totally outside of any street or alley right-of-way.

      (2)   PARKING SPACE. A dustless and durable, hard surfaced area adequate for parking an automobile with room for opening doors on both sides, together with a clear properly related access to a public street or alley and maneuvering room, which shall be located totally outside of any street or alley right-of-way.

('69 Code, § 7-11.02)

   (C)   Interpretation.

      (1)   Parking spaces for other permitted or conditional uses listed in this section shall be determined by the Administrator.

      (2)   Fractional numbers shall be rounded to the nearest whole number.

      (3)   Parking and loading spaces which were in existence on the effective date of this title or were provided voluntarily after such date shall not hereafter be reduced in number except to conform to the requirements herein.

      (4)   Parking and loading spaces shall be used solely for the intended use and not for the storage of goods, or of vehicles which are inoperable, for lease, rent or sale.

('69 Code, § 7-11.03) (Am. Ord. 847, passed 10-27-97)

   (D)   Proximity.

      (1)   Parking and loading spaces generated by development shall be located on the same parcel as the use which they are intended to serve.

      (2)   An exception to the provisions of division (D)(1) above may be made in the B-2 district, or whenever required parking and loading spaces cannot be located on the parcel in other districts because of development restrictions imposed by the presence of an existing principal structure which is to continue in use. Required parking may then be provided off the parcel, for permitted uses only, subject to the following requirements:

         (a)   If the use is residential, hotel, motel, or tourist home, the off-lot spaces shall be within 200 feet of the principal entrance or the entrance for individual occupants for whom spaces are reserved.

         (b)   If the use is other than residential, hotel, motel, or tourist home, the farthest portion of the parking lot shall be within 500 feet of an entrance to the establishment.

         (c)   Distances indicated above shall be measured along routes generally available to the pedestrians involved.

         (d)   Parking spaces may be at greater distances than those indicated above when approved by the Commission.

         (e)   Such off-lot spaces shall be located only in districts in which similar off-street parking is permitted.

         (f)   The off-lot parking area shall be:

            1.   Held in fee simple by the same owner as the use requiring the off-street parking space, or

            2.   Under lease, rental, or other form of agreement satisfactory to the administrative official as assuring continuing availability for required off-street parking for the use, or

            3.   Established by the city for the purpose of providing such off-lot parking for specified areas and/or land uses, and with number of spaces allocated by specific individual lots.

('69 Code, § 7-11.04) (Am. Ord. 821, passed 4-8-96)

   (E)   Collective usage.

      (1)   Mixed occupancies. In the cases of two or more uses in the same building, the total requirements for off-street parking facilities shall be the sum of the requirements for the several uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as herein after specified in division (E)(3) below, for joint use.

      (2)   Cooperative parking facility. Up to 15% reduction in the number of required parking spaces for three or more separate uses; and 10% for two separate uses may be authorized by the Administrator following approval of a plan which provides for a collective parking facility, serving two or more buildings or uses developed through voluntary cooperation or under any parking district which may hereafter be provided by law.

      (3)   Joint but alternative use. The Administrator may authorize the joint use of parking facilities under the following conditions:

         (a)   Up to 50% of the parking facilities by night-time uses may be supplied by the off-street parking facilities of day-time uses.

         (b)   Up to 50% of the parking facilities of day-time uses may be supplied by the off-street parking facilities of night-time uses.

         (c)   Up to 100% of the parking facilities of a church or auditorium incidental to a graded school may be supplied by the off-street parking facilities of day-time uses.

         (d)   For the purpose of this section:

            1.   DAY-TIME USES are defined as offices, banks, retail stores, personal service or repair shops, household equipment or furniture stores, manufacturing or wholesale or similar primarily day-time uses, and

            2.   NIGHT-TIME USES are defined as auditoriums incidental to graded schools, churches, bowling alleys, dance halls, theaters, bars or restaurants, motels, or similar primarily night-time or Sunday uses.

         (e)   Conditions required for joint use:

            1.   The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use, shall be located within 500 feet of such parking facilities.

            2.   The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.

            3.   A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney shall be filed with the Administrator. Joint use parking privilege shall continue in effect only so long as such an instrument, binding on all parties, remains in force. If such instrument becomes legally ineffective, then parking shall be provided as otherwise required by division (A) above of this section.

('69 Code, § 7-11.05)

   (F)   Parking and storage of certain vehicles.

      (1)   The parking of a disabled vehicle within a residential or commercial district for a period of more than two weeks shall be prohibited, unless such vehicle is stored in an enclosed garage or other accessory building.

      (2)   Automotive vehicles or trailers of any kind or type without current license plates or trucks over one ton shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. However, two recreation vehicles (i.e. one boat and one travel trailer) may be stored in the rear yard if they have a current license.

('69 Code, § 7-11.06)

   (G)   Design.

      (1)   Plot plan. Any application for a building permit shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this Ordinance.

      (2)   Size. The minimum acceptable parking lot design criteria shall be that corresponding to the nine-foot stall width in Table 7 Parking Lot Standards - Design Criteria. (See Appendix G following this chapter.)

      (3)   Surfacing and drainage.

         (a)   Parking and loading areas shall be graded and drained to dispose of all surface water accumulated within the area. All required parking and loading spaces and access drives shall be paved, except for residential uses of less than four units.

         (b)   In order to better protect and enhance public health, safety, and general welfare, construction of a dustless and durable hard surface is required on any part of a parcel of property used primarily for parking, where such parcel is located in the B-3 General Business District, and where such parcel abuts property located within a residential zone.

      (4)   Lighting. Any lighting used to illuminate off-street parking or loading areas shall be directed away from residential properties in such a way as not to create a nuisance to either residential properties or oncoming vehicles.

('69 Code, § 7-11.07) (Am. Ord. 821, passed 4-8-96; Am. Ord. 847, passed 10-27-97)

   (H)   Procedures on publicly established parking. Where the city proposes to establish parking lots to provide off-lot parking for specific uses within such areas, and where off-lot parking spaces in such lots are to be allocated to lands within such areas in order to assist in meeting the off-street parking requirements of this title, these procedures shall be followed:

      (1)   A report shall be prepared by the Commission for official action by the City Council, containing the following information and recommendations:

         (a)   Reasons for establishing area (a statement of the arguments for public action in the case, including a recital of the peculiar problems of the area which make it difficult or impossible for individual property owners to provide parking as required by this title and the public benefits to be expected as a result of public participation in the provisions for such parking.)

         (b)   Boundaries include all land intended to be primarily benefited by the establishment of the facility shall not extend farther than provided in division (D)(2) above.

         (c)   Boundaries and layout of the proposed lot, total number of parking spaces to be provided, and location of vehicular and pedestrian accessways and other features, including buffering, general landscape treatment, and the like.

         (d)   Net area, within the boundaries established under division (G) above of this section of lots on which uses requiring off-street parking under the terms of this title exist or might be expected to be established, or net area of lots which are or might be expected to be occupied by particular classes of uses to which spaces are to be allocated.

         (e)   Allocation formula to be applied, expressed as number of parking spaces per 1,000 square feet of net lot area.

      (2)   Upon formal approval of such proposal by the Council and completion of the parking lot, allocation of off-lot parking spaces according to the formula approved shall become effective. The Council shall establish an annual fee per off-street parking space in such lot, and may from-time to time amend such fee. No owner of land shall be required to pay such fee except in connection with reservation or use of all or part of his allocation, but no portion thereof shall be alienated from the land to which it applies except on written consent of the owner if the fee has been paid or by consent of the city on payment of the fee, if the owner has not paid such fee. Such allocation may be for periods of only one year, renewable for periods of only one year. Subject to these requirements:

         (a)   An owner of land desiring to use all or part of the allocation running with such land to satisfy all or part of the requirements of this chapter for off-street parking may do so upon payment of the annual fee per space established by the Council.

         (b)   An owner of land who has used all of the allocation running with such land to satisfy part of the requirements of this title for off-street parking may use remaining unused allocations of others for temporary satisfaction of all or part of the remaining parking requirements, but only upon written consent of the owner or owners of other allocations who have paid the fee to reserve them, but are not using them, or from remaining unreserved allocations upon which no fee has been paid. Written consent of owners assigning unused spaces shall specify number of spaces released, and that number of spaces remaining under the control of such owners is sufficient to meet the requirements of this title for his use. Unreserved allocations may be assigned by the city upon payment of the annual fee per space. In either case, assignment shall be for a period of one year only, and the person to whom spaces are assigned shall agree that unless the number of off-street parking spaces required by the use is maintained, the nature or extent of the use will be changed to conform with the off-street parking provided.

      (3)   In connection with temporary assignments of unused allocation of parking spaces, no owner of land shall be permitted temporary use of a number of spaces equal to more than his full allocation, or more than 25% of the total number of unreserved spaces.

('69 Code, § 7-11.08)

   (I)   Off-street nonconformities. The requirements of this chapter shall be subject to §§ 155.200 through 155.206.

 ('69 Code, § 7-11.09) (Am. Ord. 853, passed 1-12-98; Am. Ord. 942, passed 10-14-02; Am. Ord. 1118, passed 9-10-18)

   (J)   Enforcement. This section is subject to §§ 155.225 and 155.999. ('69 Code, § 7-11.10)

   (K)   Installation of required parking.

      (1)   The hard surfacing of all parking and loading spaces generated by development shall be accomplished within one year from the date that the development occurred requiring the hard surfaced parking and loading spaces, except as provided in division (K)(2) below of this section.

      (2)   The one year time limit, stated in division (K)(1) above, for providing the hard surfacing of all parking and loading spaces generated by development, may, upon a finding of no significant impact, be suspended by the Planning Commission if the property on which development is to occur does not abut on any hard surfaced street. The Planning Commission may, at its discretion, suspend the one year time unit for all the area required to be hard surfaced, as specified in this section, or only a portion of the required hard surfaced parking area. Such suspension may be for a specified time period or until certain specified conditions exist, but under no circumstances shall the suspension exceed the date on which the street on which the subject property abuts is hard surfaced. A suspension of the time limit shall, without further notice to the owner of property allowed such a suspension, automatically expire at such time as the time period suspended by the Planning Commission expires, the specified conditions exist, or the street on which the subject property abuts is hard surfaced.

      (3)   The Planning Commission shall base a finding of no significant impact shall be based on the following criteria:

         (a)   Location of the proposed development and its proximity to uses that may have a significant impact from the generation of dust, erosion or other pollution.

         (b)   Size and layout of the required parking area, including number and type of vehicle traffic.

         (c)   Potential erosion and other pollution from the parking area.

      (4)   The suspension of the time limit shall be requested in writing by the owner of the property and this request must be submitted together with the following:

         (a)   Site plan.

         (b)   Floor area of the existing uses and any proposed uses in the development.

         (c)   Number of employees, and number of employees by shift.

         (d)   Estimates of volume of any type of vehicular traffic to, from or within the development, i.e. scheduled deliveries or shipments.

(Ord. 818, passed 11-13-95)

   (L)   Low volume occasional uses.

      (1)   As an alternative to hard surfacing of parking and loading areas required under division (A) above and Table 2, high density crushed rock may be used to surface areas of low volume occasional use.

      (2)   Definitions. For the purpose of this division (L), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         (a)   LOW VOLUME OCCASIONAL USE. An area which is used infrequently and in such a manner as to minimize dust and surface maintenance problems. "Infrequently" would require that the area:

            1.   Generate no more than five tractor-trailer trips per week; and

            2.   Generate no more than 20 automobile trips per week, or in the case of a mini storage facility no more than two automobile trips per week per storage unit; and

            3.   The area is not typically used by pedestrians.

         (b)   HIGH DENSITY CRUSHED ROCK. A type of material which will not generate quantities of fugitive dust and polluted runoff in excess of that typically found to be generated by conventional hard surfacing; and of which not more than 3% of the material by weight shall pass through a standard number 200 sieve. Examples of acceptable materials would include:

            1.   Crushed stone such as crushed granite, quartzite or other durable natural stone excluding sandstone, shale and limestone;

            2.   Crushed bituminous but not crushed concrete pavement; and

            3.   Washed natural gravel substantially free of material less than 1/8-inch in diameter.

      (3)   Any required parking or loading area which utilizes high density crushed rock under the terms of this section shall be maintained in such a way as to provide safe, all weather access to such parking or loading area.

      (4)   Upon any change in use from a low volume occasional use to another use, hard surfaced parking shall be installed within one year of the change in use as required in division (A) above, Table 2 and Table 7.

(Ord. 847, passed 10-27-97; Am. Ord. 1102, passed 12-12-16; Am. Ord. 1203, passed 4-22-24) Penalty, see § 155.999

   (A)   Purpose. In the enforcement of this title, consideration shall be given to the character of intended uses and that of the surrounding area. All development shall harmonize with its surroundings. Development shall not offend the educated observer's aesthetic sense of design, form, proportion, color, material, position or other development feature. ('69 Code, § 7-12.01)

   (B)   Screening. Whenever development cannot be placed in harmony with its surroundings adequate screening and distance buffering shall be provided to make it so. Screening shall be an obscuring wall or fence or other method approved by the Administrator. Table 3, entitled Required Fences, indicates those conditions which are considered inherently disharmonious and adequate screening shall be provided at the side and rear of the parcel between conflicting areas. ('69 Code, § 7-12.02)

   (C)   Walls and fences.

      (1)   All walls and fences hereafter erected shall be durable, weather resistant, rust proof and easily maintained. Masonry walls shall be erected on foundations which are a minimum of 42 inches below grade. All fences shall be constructed of stone, brick, wood, wrought iron, PVC, vinyl, aluminum, plastic lumber or chain link materials. Snow fencing and chicken wiring is prohibited. Any material not specified in this section may be permissible through the issuance of a conditional use permit. All walls and fences shall be kept in good condition, plumb and true without damage.

      (2)   All required walls and fences shall have no openings except those approved by the Administrator.

      (3)   No fence in a residential area shall exceed eight feet six inches in height with rear and side yards nor five feet within front yards.

      (4)   Exception from maximum height of fences in the front yard for institutional and recreational uses in residential districts.

         (a)   Purpose and intent. The purpose and intent of this division is to provide a limited exception for fences to exceed the maximum height in the front yard in residential districts, to accommodate those institutional and recreational uses which customarily need such fences to conduct their operations.

         (b)   Applicability. The provisions of this division shall apply to institutional uses such as schools, churches, health care facilities, nursing homes, licensed group child care facilities and similar uses, but shall not apply to family or in-home child care where such care is provided in a way which is incidental to the building's primary use as a residence. The provisions of this division shall also apply to recreational uses such as parks, playgrounds, athletic fields, swimming pools and similar uses.

('69 Code, § 7-12.03) (Am. Ord. 856, passed 3-9-98; Am. Ord. 1028, passed 7-13-09)

   (D)   Greenbelts.

      (1)   Obscuring greenbelts may be substituted for obscuring walls or fences when approved in detail by the Administrator.

      (2)   Whenever a buffer or greenbelt approved as an obscuring greenbelt under division (D)(1) above is required, it shall be planted within six months from the date of issuance of a certificate of occupancy and shall thereafter be maintained in healthy condition so as to screen abutting properties.

      (3)   Plant materials shall provide an evergreen screen and shall be planted so as to not extend over the property line from ground level to eight feet in height and in no case shall they be planted closer than four feet from the fence or property line. Multiple rows of deciduous and evergreen trees and shrubs are desirable.

      (4)   Evergreen trees shall be a minimum of two inches in diameter and shrub material shall be a minimum of 2½ feet in height when planted.

('69 Code, § 7-12.04)

   (E)   Distance buffering. Certain uses and activities are inherently incompatible with other uses and activities and are hereby separated so as to reduce conflict and to maintain amenity as indicated on the Table 4, entitled Required Distance Buffering. ('69 Code, § 7-12.05)

   (F)   Landscaping. Required front yards for all residential districts shall consist of a green space area of not less than 60%. A green space area shall be defined as an area designated for decorative landscaping and/or lawns. Green space shall not include surfaces designed for vehicular and pedestrian movement or other impervious surfaces. All green space areas shall be properly maintained and in well-kept condition. ('69 Code, § 7-12.06)

   (G)   Required trash areas. Except in the case of single family uses, all uses that provide trash or garbage collection areas shall enclose these areas on at least three sides by opaque screening at least six feet in height. The open side of the trash or garbage collection area shall not face any street, or the front yard of any abutting property. ('69 Code, § 7-12.07)

   (H)   Exceptions.

      (1)   The Administrator may temporarily waive screening requirements for an initial period not to exceed 12 months. Granting of subsequent waivers for periods of no more than one year shall be permitted.

      (2)   In the event that terrain or other natural features are such that the erection of obscuring greenbelts, walls or fences will not serve the intended purpose, as determined by the Administrator, then no such fences, wall or green belt shall be required.

      (3)   The Administrator shall be considered an educated observer.

('69 Code, § 7-12.08)

   (I)   Nonconforming uses. The requirements stated in this section shall be subject to the Nonconforming Lots, Uses and Structures provisions stated in §§ 155.200 through 155.205. ('69 Code, § 7-12.09)

(Am. Ord. 889, passed 12-13-99; Am. Ord. 1067, passed 5-13-13; Am. Ord. 1102, passed 12-12-16) Penalty, see § 155.999

   It is the intent of this title that no land or building in any district shall be used or occupied in any manner so as to create any hazard or otherwise objectionable element which will adversely affect the surrounding area or adjoining premises. ('69 Code, § 7-13)

   (A)   Performance standards regulations. The following provisions, standards and specifications shall apply:

      (1)   Noise. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity as measured at the property line of the tract on which the operation is located.

      (2)   Glare. Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line.

      (3)   Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining properties.

      (4)   Vibration. Vibration shall not be discernible at any property line to the human sense of feeling for three minutes or more duration in any one hour.

      (5)   Smoke. Measurements shall be at the point of emission. The Ringelman Smoke Chart published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke not darker or more opaque than No. 2 on said chart may be emitted for periods not longer than four minutes in any 30 minutes. These provisions, applicable to visible grey smoke, shall also apply to visible smoke of a different color, but with an equivalent apparent opacity.

      (6)   Dust. Solid or liquid particles shall not be emitted at any point in concentrations or amounts that are noxious, toxic or corrosive.

      (7)   Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic or corrosive.

      (8)   Hazard. Every operation shall be carried on with reasonable precautions against fire and explosion hazards.

      (9)   Water supply. The design and construction of water supply facilities and water supply source shall be in accordance with city standards and regulations.

      (10) Waste. All sewage and industrial wastes shall be treated and disposed of in such manner as to comply with city standards and requirements.

      (11) State standards. The state pollution control standards shall take precedence over the above regulations except where city standards are higher.

('69 Code, § 7-13.01)

   (B)   Enforcement provisions applicable. Even though compliance with performance standards procedure in obtaining a development permit is not required for a particular use initial and continued compliance with performance standards is required of every use, and provisions for enforcement of continued compliance with performance standards shall be invoked by the Administrator against any use, if there are reasonable grounds to believe that performance standards are being violated by such use. ('69 Code, § 7-13.02)

   (C)   Enforcement procedure. In order to insure compliance with the performance standards set forth above, the Council may require the owner or operator of any permitted use to have made such investigations and/or tests as may be required to show adherence to the performance standards. Such investigation and/or tests as are required to be made shall be carried out by an independent testing organization as may be selected by the city. The costs incurred in such investigation or testing shall be ordered by the owner or operator and shared equally by the owner or operator and the city unless the investigation and tests disclose noncompliance with the performance standards; in which situation, the entire investigation or testing cost shall be paid by the owner or operator. ('69 Code, § 7-13.03)