The Regulations set forth in this Article shall apply to all Zoning District. 

Structural overhangs shall not encroach upon front, side or rear yard setbacks except:

A.    Window Projections: Bay, bow or other projecting windows may project into the required front yard, not to exceed three (3) feet. These projections will not touch the ground or be greater in height than one (1) story.

B.    Miscellaneous Projections: Eves, cornices, spoutings, chimneys, brackets, trellises and other similar projections that are for purely ornamental purposes, may project into the required front or side yards, not to exceed three (3) feet. Only chimneys may touch the ground.

C.    Holding Tanks: Water and Sewage holding tanks may be placed in the back ten (10) feet of the twenty-five (25) feet front yard set back.

The Board of Zoning Appeals may grant exceptions to the yard restrictions established in this Ordinance as provided in A and B below:

A.    To allow structures within the required front yard, as high, but not higher than the tallest adjacent structure, and/or to allow structures in the required yard, the same distance from the front property line as the adjacent structure that is the farthest from the front property line, when one of the following conditions exist;

1.    The applicant’s existing structure is on an interior lot between two (2) existing non-conforming structures (meaning both are closer to the front property line than twenty-five (25) feet) or;

2.    If the applicant’s existing structure is on a corner lot adjacent to a non-conforming structure or;

3.    If the applicant is building on a vacant lot that is between two (2) existing non-conforming structures, or;

4.    The vacant lot is a corner lot adjacent to a non-conforming structure.

5.    As used in this subparagraph 3. A structure shall be defined to include only enclosed permanent living areas of buildings and shall not include such items as porches, decks, garages, carports, stairs, ramps, trellises or any other man-made construction.

B.    To allow structures within the required side and/or rear yards of a lot that abut(s) a parcel of land that could not be developed as a future homesite or other use, if one of the following conditions exist concerning the abutting parcel of land;

1.    It is a dedicated parkland,

2.    It is a dedicated accessway,

AND if all of the following conditions are met:

3.    The district’s requirements regulating building height and lot coverage are not exceeded.

4.    The encroachment into a required side yard does not extend closer than five (5) feet from the side property line,

5.    The encroachment into the required rear yard does not extend closer than five (5) feet from the rear property line,

6.    The encroachment into the required yard can not be greater than 50% of the width of the dedicated land when another lot abuts the opposite side of the dedicated land. If there is no lot on the opposite side, the Board of Zoning Appeals may grant a distance that they deem reasonable.

No accessory structure shall be erected within the required front yard area (25 feet from the front property line), including but not limited to, porches, vestibules, balconies, walled patios, hot tubs, propane tanks, garages, sheds, playhouses and athletic areas. No detached accessory structure shall be erected closer than five (5) feet to any other structure on the lot and cannot be located in front of the dwelling. Accessory structures shall have compatible materials and shall be consistent with the architectural style of the principal structure.

Private garages, carports, overhangs, or any combination thereof, not to exceed one thousand five hundred (1,500) square feet in area. For all permitted accessory uses, the maximum building height shall be twenty (20) feet, as measured from the ridgeline. The front of any metal accessory structure shall have a veneer facing of wood, brick or rock or a metal wainscoting of a contrasting color from a finished grade level to a height of four (4) feet. Child Day Care Centers, when used as an accessory to a primary use, are exempt from the maximum size requirements of accessory structures.

Metal shipping/storage boxes or containers, truck van bodies, semi-trailer boxes and similar metal containers used by overseas shipping companies shall not be permitted as storage regardless of size, except for the following:

1.    Metal Shipping/storage boxes and containers may be used as temporary use provided:

a.    The shipping box or container is rented from a bona fide storage/shipping container company.

b.    There must be a current and active building permit at the time the unit is placed on the site.

c.    The container must be located to the rear of the construction site, if at all possible.

d.    The container must be removed within thirty (30) days after the final inspection and approval of the construction as indicated on the original permit.

e.    These regulations would not preclude a builder/contractor from bringing in his/her jobsite storage container, trailer, or other similar unit for storage of materials or equipment during construction. Time elements will be as described in Item “d” above.

f.     The rental units would be allowed for property owners moving in or out of property for a period not to exceed sixty (60) days.

(Ord. 255)

Accessory uses shall be permitted only where such use is customarily incidental to and clearly subordinate to the principal use, and where the accessory use is located on the same lot as the principal use. In no case shall a business or commercial use be permitted as an accessory use in a residential district unless it is permitted as a home occupation. Child Day Care Centers are a permitted accessory use for religious, educational, and public community buildings only and shall meet any additional restrictions for daycare use in their respective zoning district.

Fences shall be constructed in accordance with the following requirements and any other applicable Codes and Ordinances:

A.    No fence shall be constructed without first obtaining a building permit from the City.

B.    No fence shall be constructed which will constitute a traffic or safety hazard due to its location, design or materials.

C.    No privacy fence shall be constructed within any required front yard setback, however fences may be constructed in any side or read yard.

D.    No fence shall be constructed which will materially damage the adjacent property by obstructing view, shutting out sunlight or hindering ventilation.

E.    No fence shall be greater than six (6) feet in height.

F.    Swimming pools, wading pools, hot tubs and similar structures shall have an appropriate constraint enclosing the pool or hot tub.

G.    Fences shall be constructed of wood, wrought iron, plastic or masonry materials with posts and other structural details located “inside” the fence, where possible. Chain-link or other similar materials shall be permitted only where there is a clearly demonstrated need or where any negative visual impact is minimal. In any event, fences shall not obscure a user’s view of a street.

The City Council, after a public hearing and recommendation by the Planning Commission, may issue a Special Use Permit for temporary uses not otherwise permitted by these regulations. Such permit shall specify the use permitted, the location, the maximum duration and any conditions of approval. No Special Use Permit shall be granted unless the temporary use is consistent with the general welfare of the City and does not lessen the enjoyment or usefulness of adjacent property.

Home occupations shall be permitted in any legally existing residence subject to the following restrictions:

A.    Restrictions and Limitations:

1.    The home occupation shall be incidental and subordinate to the principal use of the premises and not more than twenty-five (25%) percent of the floor area of any one floor of the dwelling unit shall be utilized for a home occupation.

2.    All materials or equipment used in the home occupation shall be stored within an enclosed structure.

3.    No alteration of the exterior of the principal residential building shall be made which changes the character thereof as a residence.

4.    No sign shall be permitted, unless required by state statutes, and if so required shall not exceed two (2) feet in any one direction, shall not be illuminated and shall not be placed closer to the front property line than one-half (1/2) the distance of the front yard, unless otherwise required by state statutes.

5.    No equipment shall be utilized that creates a nuisance due to noise or electrical interference.

6.    The off-street parking regulations set forth in Article 13 shall apply to home occupations.  In no event shall fewer than two (2) off-street parking spaces be required.

7.    All child day care homes must obtain a special use permit as per Article 16 of the zoning regulations, valid for a maximum of five (5) years from the date of approval. The special use permit may be revoked at any point by the Governing Body if it is determined that the childcare business is in violation of State or City regulations.

B.    Prohibited Home Occupations:  Permitted home occupations shall not, in any event, include the following: 

1.    Retail sales of antiques.

2.    Funeral services.

3.    Retail or wholesale of groceries.

4.    Retail sales of second-hand merchandise.

5.    Tourist homes.

6.    Equipment rental.

7.    Automobile and other motor vehicles repair services.

8.    Professional offices for physicians, osteopaths, chiropractors, ophthalmologists, dentists and other related health care facilities. 

Short-term residential rental property shall be permitted in any legally existing residence subject to the following restrictions:

A.    Definitions. The following words, terms, and phrases, when used in this Article, shall, except where the context clearly indicates otherwise, have the following meanings:

1.    “Accessory Dwelling Unit” shall mean a Dwelling Unit that is located on the same Lot as, but is incidental to a Principal Use, where the Principal Use is a Dwelling Unit.

2.    “Dwelling Unit” shall mean one room, or a suite of two or more rooms, designed for or used for living and sleeping purposes and having only one kitchen. Recreational vehicles (RVs) and campers are included under this definition.

3.    “Non-owner Occupied” shall mean any Dwelling Unit in which the Owner resides less than 183 days per calendar year.

4.    “Owner” shall mean the individual or individual(s), natural or corporate, in possession of lawful title to real property.

5.    “Owner Occupied” shall mean any Dwelling Unit in which the Owner resides for more than 182 days per calendar year.

6.    “Premises” shall mean a Lot or contiguous Lots under common ownership, together with all buildings, structures, and appurtenances existing thereon.

7.    “Rent” shall mean, for the purposes of this Article, to provide or to offer for possession or occupancy a Dwelling Unit, or any portion thereof, for a Short-term basis, to a Transient Guest for consideration, pursuant to a written, oral, or implied agreement.

8.    “Short-term” shall mean a period of time that is less than thirty (30) days in length.

9.    “Short-term Residential Rental Property” shall mean any Premises having one or more Dwelling Units, or portions thereof, that are Rented, on a Short-term basis, to one or more Transient Guests.

10.  “Transient Guest” shall mean any person who occupies a Dwelling Unit, or portion thereof, on a Short-term basis, other than the Owner, the Owner's immediate family (related by blood, marriage, or adoption), or any person residing with the Owner on Short-term Residential Rental Property.

B.    Short-term rentals permitted, restrictions.

1.    The use of any Dwelling Unit, or portion thereof, on Owner Occupied Short-term Residential Rental Property is permitted within the City as a Transient Accommodation use within all housing types. Each Owner Occupied Short-term Residential Rental Property must, at all times, comply with all provisions of this Article, including the occupancy limits established for the zoning district in which it is located.

2.    The use of any Dwelling Unit, or portion thereof, on Non-owner Occupied Short-term Residential Rental Property is permitted within the City as a Transient accommodation use within all housing types. Each Non-owner Occupied Short-term Residential Rental Property must be issued a Special Use Permit under Article 16 of the Zoning Regulations, as amended, and must also, at all times, comply with all provisions of this Article, including the occupancy limits established for the zoning district in which it is located.

3.    It shall be unlawful for any Owner or Person to use an Accessory Dwelling Unit as Short-term Residential Rental Property.

C.    Exemptions. The provisions of this Article shall not apply to the following:

1.    Bed and Breakfasts

2.    Campgrounds

3.    Hotels or motels

4.    Any short-term residential rental property fully operational prior to the Effective Date of this Article as per Section 20.2. These properties shall hence be considered nonconforming and subject to the conditions of Article 15 of the zoning regulations.