Chapter 17.136
MISCELLANEOUS USE AND DESIGN RESTRICTIONS

Sections:

17.136.010    Drainage regulations.

17.136.020    Sanitation and water supply.

17.136.030    Height regulations.

17.136.040    Landscaping.

17.136.050    Garages in residential districts.

17.136.060    Housing projects.

17.136.070    Signs.

17.136.080    Airport safety zone.

17.136.090    Trailers.

17.136.010 Drainage regulations.

A.    Adequate Drainage Required. No principal building shall be erected, structurally altered or placed on land which is not adequately drained at all times nor which is subject to periodic flooding.

B.    Obstruction to Drainage Prohibited. The damming, filling, relocating or otherwise interfering with the natural flow of surface water along any surface water drainage channel or natural watercourse shall not be permitted except as permitted pursuant to Chapter 12.12.

C.    Building Restricted Adjacent to Drainage Channels or Watercourses. No building other than a bridge, dam, boathouse or revetment subject to the aforesaid approved shall be erected, structurally altered or placed within twenty (20) feet of the ordinary high-water line of such surface water drainage channel or natural watercourse nor so that the lowest floor of such building is less than three feet above the ordinary high water line. If the land lies in a floodplain district, the regulations of such district shall apply. (Prior code § 17.07)

17.136.020 Sanitation and water supply.

A.    Safe Sewerage Disposal. No principal building shall be erected, structurally altered or placed on a lot unless it has been certified by the plumbing inspector that it conforms to all city ordinances and other governmental laws or regulations applicable to sewerage disposal systems.

B.    Approved Septic System. No principal building shall be erected, structurally altered or placed on a lot having no public sewer available unless a sewer is installed running to a septic tank designed and located in accordance with the city ordinances and other governmental laws or regulations applicable to sewerage disposal systems.

C.    Outhouses Prohibited. No outhouse or privy shall be hereafter erected.

D.    Water Supply Required. No occupancy permit shall be issued for a building used for residence purposes unless provision is made for a safe and adequate supply of water in or within three hundred (300) feet of the dwelling, or connection is to be made to an approved municipal or community water system. (Prior code § 17.08)

17.136.030 Height regulations.

A.    Maximum Height Restricted. In any district, no building or structure shall be hereafter erected or structurally altered to a height in excess of that specified by the regulations for that district.

B.    Exceptions. The following shall be excepted from the height regulations of all districts:

1.    Chimneys and flues;

2.    Electrical transmission and distribution facilities;

3.    Accessory farm buildings not to exceed sixty (60) feet in height on lots of three acres or more in area;

4.    Subject to the approval of the plan commission, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers and spires.

C.    Increase Permitted. The maximum height of any structure may be increased by not more than ten feet; provided, all required offsets and setbacks are increased by one foot for each foot which such building exceeds the height limit of the district in which it is located; provided, further, in regional service districts on sites larger than fifty (50) acres the height limit shall be as permitted by the council. Council permission shall be predicated upon the council’s determination that the application is consistent with the purposes of this title and that the public safety and welfare will not be adversely affected thereby. (Prior code § 17.11)

17.136.040 Landscaping.

Except to the extent that stricter regulations are applicable under Sections 17.112.030 and 17.72.050, any parcel of land upon which a structure is built shall be cleaned up so that all piles of debris shall be removed within six months of occupancy and all piles of dirt graded and bare spots seeded within twelve (12) months of occupancy. (Ord. 2043-06 § 1, 2006: prior code § 17.25)

17.136.050 Garages in residential districts.

A.    One attached garage at least two hundred (200) square feet shall be required for each dwelling unit in a residential district except as provided in Section 17.28.010 and subsections B and C of this section.

B.    Notwithstanding the provisions of Chapters 17.112, 17.116 and Sections 17.28.040(D), 17.32.040(D) and 17.36.040(D) to the contrary, in all subdivisions with at least one of its lots platted with a fifty (50) foot lot width or less, and where an existing parcel’s width is equal to the original platted lot width, the following standards for accessory buildings shall apply:

1.    All parcels twelve thousand (12,000) square feet in area or less shall be permitted a maximum of six hundred (600) square feet of accessory building square footage.

2.    All garages (attached or detached) and all other buildings that are not the principal building on the parcel shall be considered accessory building square footage.

3.    One garage shall be permitted per parcel. A garage shall not exceed five hundred fifty (550) square feet in area. It shall be permitted one sixteen (16) foot wide overhead door or two eight-foot wide overhead doors.

4.    The minimum side and rear yard offsets for detached garages and yard maintenance buildings shall be five feet. All other accessory buildings and structures shall comply with the offsets and setbacks prescribed elsewhere in the code.

C.    Notwithstanding the provisions of Chapters 17.112, 17.116 and Sections 17.28.040(D), 17.32.040(D) and 17.36.040(D) to the contrary, in all subdivisions with at least one of its lots platted with a fifty (50) foot lot width or less, and where an existing parcel’s width exceeds the original platted lot width, the following standards for accessory buildings shall apply:

1.    All parcels twelve thousand (12,000) square feet in area or less shall be permitted a maximum of six hundred (600) square feet of accessory building square footage.

2.    All garages (attached or detached) and all other buildings that are not the principal building on the parcel shall be considered accessory building square footage.

3.    One garage shall be permitted per parcel. A garage shall not exceed five hundred fifty (550) square feet in area. It shall be permitted one sixteen (16) foot wide overhead door or two eight-foot wide overhead doors.

4.    The minimum rear yard offset for detached garages and yard maintenance buildings shall be five feet. All other accessory buildings and structures shall comply with the offsets and setbacks prescribed elsewhere in the code.

5.    The rear yard offset of the applicable zoning district, subject to Chapter 17.112, shall apply to all principal buildings, detached garages, yard maintenance buildings, other accessory buildings and structures. The board of zoning appeals shall have the authority to reduce rear yard offset for detached garages to a minimum of five feet when:

a.    The orientation of an existing home’s floor plan necessitates a lesser offset for the detached garage;

b.    A spatial pattern of sustained investment in the parcel would be jeopardized by requiring a normal detached garage location; or

c.    Significant manmade or natural topographic conditions are present, that the board deems best left undisturbed.

D.    For all residential lots not governed under subsections B and C of this section, the plan review board shall have the authority to approve a detached garage when:

1.    The design and location of a detached garage preserves the architectural character and integrity of the principal building;

2.    The design and location of a detached garage is consistent with the architectural character and integrity of the neighborhood.

E.    Notwithstanding the provisions of Chapters 17.112, 17.116 and Sections 17.28.040(D), 17.32.040(D) and 17.36.040(D) to the contrary, in all subdivisions where an existing garage, built before November 17, 1998 and less than twenty (20) feet in width is located with an exterior wall at the side yard offset, the following standards for attached garages shall apply:

1.    One garage shall be permitted per parcel. A garage shall not exceed five hundred fifty (550) square feet in area. One sixteen (16) foot wide overhead door or two eight-foot-wide overhead doors shall be permitted.

2.    The minimum side yard offset for attached garages may be reduced to accommodate an attached garage of up to twenty (20) feet in width provided the side yard offset shall not be reduced below ten feet. All other necessary buildings and structures shall comply with the offsets and setbacks prescribed elsewhere in the code.

3.    The board of plan review board shall have the authority to reduce side yard offset for additions to attached one-car garages to a minimum of five feet when:

a.    The orientation of an existing home’s floor plan necessitates a lesser offset for the attached garage;

b.    A spatial pattern of sustained investment in the parcel would be jeopardized by requiring an attached garage to comply with the offset for the district;

c.    Significant manmade or natural topographic conditions are present, that the board deems best left undisturbed;

d.    High quality or historically significant landscape would be adversely impacted or destroyed absent an adjustment to standards. (Ord. 1921-03 § 1, 2003; Ord. 1666 § 1 (part), 1998; Ord. 1548 § 1, 1996: prior code § 17.24)

17.136.060 Housing projects.

A.    Modification Permitted. When a housing project consisting of a group of two or more buildings is to be constructed on a site not subdivided into customary lots and streets, or where an existing lot and street layout make it impractical to apply the requirements of this title to the individual building units, the plan commission may modify such requirements provided a development plan is submitted for approval of the plan commission. Approval by the plan commission shall be granted only after it holds a public hearing jointly with the council on the proposed housing project development and finds that the proposed development is consistent with its general plans for community development, is not contrary to the public health, welfare and safety of the city or of the immediate neighborhood, and that the benefits of the development justify the variation from the normal requirements for the district in which to be located. Notice of the public hearing shall be published once in the official city newspaper.

B.    In any event, if the housing project development is a multifamily (M-l) development, as defined in this title, the minimum square footage requirements as outlined for an M-1 district shall apply, except as provided in subsection C of this section.

C.    Where the following conditions occur:

1.    The housing project development would result in the reclamation and rehabilitation of land;

2.    The development is a preferable use over the existing use;

3.    The entire development is owned by one entity, whether individual, partnership or corporation, and the future division or split of the development is prohibited by appropriate restrictions;

4.    The plan commission makes the findings required in subsection A of this section;

The council may reduce the minimum land area requirements to not less than five thousand (5,000) square feet per unit; provided, no permits shall be issued for such a project until the developer has signed a development agreement in a form approved by the council, including conditions established by the council, relating to the location and design of structures, plans and specifications, landscaping, street and utility installation, plan and method of operation and other matters related thereto. (Prior code § 17.13)

17.136.070 Signs.

A.    Use Restricted. In any district, no signs shall be permitted except according to the regulations for that district and in accordance with the provisions of Chapter 15.16.

B.    Advertising of Intoxicants. No signs advertising intoxicating beverages or an establishment for the sale thereof shall be permitted within five hundred (500) feet of the property line of a school or church.

C.    Subdivision Emblems. Identification emblems identifying a subdivision and naming the street within such subdivision may be permitted at the entrances to subdivisions upon approval of the plan commission as to location, size and material. The size shall conform to all requirements of this or any other applicable ordinance. The plan commission may remove such emblems if they are not maintained so as to be safe and attractive. (Prior code § 17.16)

17.136.080 Airport safety zone.

A.    Maximum Height. No building or object or natural growth located within two miles of the boundaries of any airport, landing field or landing and take-off strip and within a band two hundred (200) feet on each side of the center line extended of any runway shall hereafter be erected, altered or permitted to grow to the height above the elevation of the nearest point of such runway greater than one-fifteenth of the distance from said point.

B.    Control of Use. No building or land located within two miles of the boundary of any airport, landing field or landing and take-off strip shall be so used that, by reason of the emission of smoke, gas or other emanation, it shall produce a hazard to the operation of aircraft.

C.    Exceptions. The aforesaid regulations shall not apply to growing field crops which are harvested at least once a year nor to fences not over five feet high. (Prior code § 17.17)

17.136.090 Trailers.

A.    Permanent Habitation Prohibited. Except within an approved trailer camp, no trailer shall be used for the purpose of permanent habitation in the city, “permanent habitation” being defined as more than seven days’ habitation.

B.    Trailer Camps. Trailer camps shall not be permitted except as may be provided in a trailer camp ordinance. (Prior code § 17.18)