The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this ordinance.

(1)   In districts where public buildings, semipublic buildings, public service buildings, hospitals, institutional buildings, schools, and churches and similar places of worship are permitted, two feet of additional height will be permitted for each one foot of additional building set back provided.

(2)   Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, church steeples, radio and television towers or necessary mechanical appliances may be erected to a height not to exceed 150 feet.

(3)   Accessory buildings may be built in a required rear yard but such accessory buildings, including any and all projections therefrom, shall not be nearer than two feet to any side or rear lot line, nor nearer than five feet to any alley abutting the rear of the lot nor shall any such accessory building occupy more than 40 percent of the required rear yard, provided, however, that an accessory building which is built nearer than 10 feet to the rear wall of a main building shall comply with the side yard requirements for the main building.

(4)   No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.

(5)   The set back line shall be determined by measuring the horizontal distance from the property line to nearest architectural projection of the building (excluding open porches and stoops).

(6)   Open or lattice-enclosed fire escapes; fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building official for a distance of not more than three and one-half feet and where the same are so placed as not to obstruct light and ventilation.

(7)   For the purpose of the side yard regulations, a two-family dwelling, or a multiple dwelling shall be considered as one building occupying one lot.

(8)   Temporary buildings and temporary construction signs that are used in conjunction with construction work may be permitted in any district during the period that the building is being constructed, but such temporary building and/or sign shall be removed upon completion of the construction work.

(9)   No more than one principal building or use shall be located upon any platted lot or lot of record, provided, however, more than one principal building or use may be located upon a platted lot or lot of record after a plot plan in the same form as required for an exception under section 2511(3) of this chapter has been first submitted and approved by the governing body; provided, further, all front, side and rear yard requirements for the district in which the platted lot or lot of record is located shall be applied as the lot is platted.

(10) No side yards are required where dwelling units are erected above commercial and industrial structures.

(11) Whenever the number of employees is restricted in connection with any use, such maximum number applies only to employees principally engaged in processing, selling, or treating materials or products on the premises and not to employees engaged in delivery or similar activities.

(12) Radio and television towers shall be permitted in Districts “NS”, “CBD”, “LI” and “HI” providing the height of the radio or television tower does not conflict with any other city ordinance.

(13) Basements and cellars may not be occupied for residential purposes.

(14) No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

(15) No building or structure fabricated elsewhere than on a lot in the city shall be moved into any zoning district unless its intended use is to be in conformity with a use allowed in that district. Any building or structure shall first conform to the building, plumbing, electrical, health, and other codes and ordinances of the city before being permitted within any zoning district

Except as otherwise specifically provided in other codes and ordinances of the city, the following regulations shall apply to the construction of fences:

(1)   No fence shall be constructed closer to the street than the front set back line established for the district in which such fence is to be erected, unless the fence shall be erected and maintained so that the fence shall have at least a minimum of 60 percent void and open space to insure visibility through the fence from any angle.

(2)   Screening and landscaping within 10 feet of any vehicular ingress or egress shall not exclude visibility from three feet from curb height to six feet above curb height.

(3)   No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.

(4)   All fences shall conform to the construction standards of the building code of the city.

Building setback lines are hereby established for all arterial and collector streets, as shown on the approved major street plan. The setback lines as established in this section shall be held to the minimum for the purpose of promoting the public health, safety, order, convenience and economy in the process of development in the city and shall conform to the following requirements.

(1)   Arterial Streets: No building or structure which fronts or sides on an arterial street shall be located nearer to the centerline of the arterial street than the sum of the required front or side yard (in feet) plus 50 feet.

(2)   Collector streets: No building or structure which fronts or sides on a collector street shall be located nearer to the centerline of the collector street than the sum of the required front or side yard (in feet) plus 40 feet.

A lot or group of lots which were platted and recorded in the office of the register of deeds prior to the effective date of this ordinance may be used for the purpose permitted in the district in which it is located; provided, however, that no residential building permit shall be issued for construction of a residential structure on a lot or group of lots that do not provide for the minimum area requirements unless specifically authorized by the board of zoning appeals.

A canopy or marquee may be permitted to “overhang a public way” in District “CBD” providing:

(l)    The canopy or marquee is constructed and maintained in accordance with the city building code and other codes and ordinances.

(2)   No portion of the canopy or marquee shall be less than eight feet above the level of the sidewalk or other public way.

(3)   The canopy or marquee shall not extend beyond a point two feet inside the curb line of a public street.

Owners are allowed to use and maintain Storage Containers and sell the same to the public for use. However, the following restrictions shall apply in certain zones:

(1)   Storage Containers may be placed in Single Family Dwelling District “SF1”, Single Family Dwelling District “SF2”, and all Multi-Family zoning districts “MF1”/”MF2”/”MHD” only for the period of Sixty (60) days. After placement of a Storage Container the Owner shall give written notice to the City of the use, and the Sixty (60) day period will commence. An owner shall only be able to maintain a Storage Container one time during a Six (6) month period, and upon removal, may not place another Storage Container on the property until Six (6) months have passed from the initial placement. If the Storage Container remains on the property for less than 60 days, the Owner may not place another container for the remainder of the 60 day period, and any allowance for containers is abandoned for the remainder of the Six (6) month period. In addition, the Owner shall comply with the following:

(A)  Any Storage Container shall be placed on concrete, gravel or similar parking surfaces, and shall not be placed directly on yards or bare ground.

(B) No Storage Containers may be placed on City streets nor placed so as to cover utility easements or interfere with property maintenance or proper drainage.

(C)  All Storage Containers must have working locks and doors that shall secure the container from unwanted entry, and the container must be closed when not in use for loading and unloading goods.

(D)  All containers must be free from rust, fully enclosed, weather-tight and appropriately painted.

(E)  No personal property of the owner may be stacked around, or placed on top of, the Storage Container for more than 24 hours.

(F)   No Storage Container may be stacked on top of another.

(2)   The City Council may, upon request or upon its own initiative, waive any and all limitation of the use of storage containers for individual landowners or the public at large, when it is deemed necessary due to extreme weather conditions or other natural disaster, including, but not limited to, flooding, tornado activity or similar natural disasters where the same is necessary to allow homeowners and businesses to store property during clean-up and repair of structures damaged in the event.