TITLE 17 ZONING
Chapter 17-34 Supplementary Regulations
17-34-010 Lot area and width; sewage system required.
17-34-020 Yards.
17-34-030 Building height.
17-34-040 Radio antennae and towers.
17-34-050 Wind-powered mechanical and electrical equipment.
17-34-060 Refuse and recycling areas.
17-34-010 Lot area and width; sewage system required.
(A) Where an individual lot was held in separate ownership from adjoining
properties or was platted prior to the effective date of the ordinance codified
in this title in a recorded subdivision and has less area or less width than
required in other sections of this title, such a lot may be occupied according
to the permitted uses provided for the district in which the lot is located;
provided that no lot area or lot width is reduced more than one-third of the
zoning requirements otherwise specified by this title.
(B) For the purpose of complying with the provisions of this title, no part
of an area or width of a lot shall be included as an area or width required for
another lot.
(C) Every principal building hereinafter erected upon a tract of ground not
served by a public sanitary sewage system shall be served by a private sanitary
sewage system which complies with all state and county regulations.
(D) No lot shall have a front lot line or street frontage of less than
forty feet. (Ord. 149 Art. 18 §8, 1973)
17-34-020 Yards.
(A) Major highway setback. The setback for any yard adjacent to a major
highway as designated on the zoning district map shall be one hundred ten feet
from the centerline of the right-of-way; except that where more than fifty
percent of the block is developed with buildings having less setback, the
average front line of such buildings shall be the minimum setback requirement
for all new construction in such developed block.
(B) Developed areas. In any district where lots comprising fifty percent
or more of the frontage on one side of a street between intersecting streets
have been improved with buildings at the time of passage of the ordinance
codified in this title, the average front yard or setback of such buildings
shall be the minimum front yard or setback required for all new construction in
such block. Vacant lots shall be calculated at the present setback requirement
to determine the block average. In no instance shall the setback be less than
ten feet.
(C) Reduction. No part of a yard required for any building for the purpose
of complying with the provisions of this title shall be included as a yard for
another building, and all yards shall be open and unobstructed except as
otherwise provided in this title.
(D) Architectural features. Cornices, canopies, eaves, or similar
architectural features may extend into a required yard not more than two
feet.
(E) Fire escapes. Fire escapes may extend into a required yard not more
than six feet.
(F) Decks, garages, carports, and porches. In any non-PUD district, decks,
garages, carports, or porches may extend not more than six feet into any front
or rear yard setback.
(G) Reversed corner lots. The side yard along the street side of a
reversed corner lot shall be not less than the required front yard for principal
buildings along such a side street.
(H) Accessory buildings. Permitted accessory buildings may be located in
the required side or rear yard of a principal building, provided that such
accessory buildings are located at least seven and one-half feet from any
principal building or from another accessory building and not located in any
side yard adjacent to a street. (Ord. 149 Art. 18 §9, 1973; Ord. 1020
§1, 1993)
17-34-030 Building height.
(A) All dwellings shall be constructed with at least fifty percent of the
roof surface higher than seven feet from grade.
(B) It shall be unlawful to construct, build, or establish any building,
tree, smokestack, chimney, flagpole, wire, tower, or other structure or
appurtenance thereto which may constitute a hazard or obstruction to the safe
navigation, landing, and take-off of aircraft at a publicly-used airport.
(C) Approvals of buildings of a height greater than permitted in this title
may occur when approved by the city in accordance with chapter 17-30. (Ord. 149
Art. 18 §10, 1973)
17-34-040 Radio antennae and towers.
The height above grade of all privately owned and operated radio towers
shall not exceed fifty feet, with a maximum of an additional two feet for the
antenna. Approvals of antennae higher than permitted in this section may occur
when approved by the city in accordance with chapter 17-30. Privately owned and
operated radio towers or antennae shall be set back at least ten feet from any
lot line, and shall not be located in any front yard. (Ord. 149 Art. 18
§11, 1973; Ord. 250 Art. 1, 1975)
17-34-050 Wind-powered mechanical and electrical equipment.
Devices for the conversion of wind energy to mechanical or electrical
energy are not a use by right in any zoning district. Such devices are a use
permitted by special review in accordance with chapter 17-30. (Ord. 495
§1, 1982)
17-34-060 Refuse and recycling areas.
(A) All new and significantly remodeled structures where refuse is
generated by the use of the structure shall provide adequate space for the
collection and storage of refuse and recyclable materials.
(B) Significantly remodeled, for purposes of this section, means
structures where the value of additions or renovations is fifty percent or more
of the fair market value of the structure prior to the additions or renovations.
The value of the additions shall be as determined by the chief building official
or the chief building official's authorized representative. The fair market
value of the structure shall be the current actual value of the structure as
determined by the county assessor. A party who disagrees with the decision of
the chief building official or his or her authorized representative may appeal
the decision to the building and construction review board.
(C) The following structures are exempt from the provisions of subsection
(A) above: single-family dwellings; and multi-family dwellings where there are
no central or communal refuse or recycling collection or storage facilities or
where refuse and recyclable materials are stored and collected on an individual
unit basis.
(D) The amount of space provided for the collection and storage of
recyclable materials must be at least as large as the amount of space provided
for the collection and storage of refuse materials, and shall be designed to
accommodate collection and storage containers consistent with the recyclable
materials generated. Exception may be granted by the city and county manager or
a designee thereof for existing buildings where this provision will negatively
impact parking stall requirements.
(E) Storage and collection containers shall be clearly labeled or
identified to indicate the type of materials accepted. Recyclable materials
storage areas shall be located adjacent to refuse collection and storage areas
in order to provide convenient recyclable materials drop-off and storage.
(F) Refuse and recycling areas shall be enclosed such that they are
screened from public view. The enclosure shall be constructed of durable
materials, such as masonry, and shall be compatible with the structure to which
it is associated. Gates on the enclosures shall be constructed of metal or some
other comparable durable material, shall be painted to match the enclosure, and
shall be properly maintained. (Ord. 1739 §2, 2003)
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