§ 10-154. Standards for multifamily, commercial and industrial lots.

The following regulations apply to properties in all zoning districts, unless the regulations of a particular zoning district expressly provide otherwise:

(1)

Sight distance. In order to ensure maintenance of adequate sight distances at intersections, no fence, wall, shrubbery, or other obstruction to vision between the heights of three feet and 15 feet above the ground is permitted within 20 feet of the intersection of the rights-of-way of streets or of streets and railroads.

(2)

Applicability to land, buildings, and open space. No building, structure, land, or open space may be used or occupied and no building or structure or part of a building or structure may be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations specified for the district in which it is located.

(3)

Every use must be on a lot. No building or structure may be erected or use established unless upon a lot.

(4)

Only one principal building per lot. Only one principal building and its accessory buildings may be erected on any lot, except for planned developments or as otherwise provided.

(5)

Streetlights. Developers of new multifamily, commercial or industrial developments shall install streetlights along the public road frontage consistent with the specifications for streetlights in this article.

(6)

Open space not to be encroached upon. No open space may be encroached upon or reduced in any manner except in conformity with the setback, off-street parking spaces, and other such required development standards contained in this article. Shrubbery, driveways, retaining walls, fences, curbs, and buffers are not considered to be encroachments of setbacks. Open space areas as required by this article must be permanently maintained as open space in accordance with the requirements of this article.

(7)

Reduction of setbacks or lot area. Except as otherwise provided in this article, a lot existing at the time of passage of this article may not be reduced, divided, or changed as to produce a tract of land which does not comply with the minimum dimension or area requirements of this article for the district in which it is located unless that reduction or division is necessary to provide land which is needed and accepted for public use.

(8)

Lots with multiple frontage. In the case of a corner lot or double frontage lot, front setback requirements apply to all lot lines abutting a street.

(9)

Landlocked lots. In the case of a landlocked lot (a lot without direct access to a public street or road) lawfully existing as of the effective date of the ordinance from which this article is derived, the property owner is entitled to one building permit, as long as all of the following requirements are met:

a.

No other principal building exists or is being constructed on the property.

b.

No other valid building permit has been issued prior to the effective date of this article and is currently valid.

c.

The property was and continues to be under single ownership since the effective date of this article.

d.

The property owner has acquired a 60-foot easement to a city-maintained, county-maintained, or state-maintained street or road, and the easement has been duly recorded and made a part of the property deed.

e.

In the event the property is divided, no additional permits will be issued.

(10)

Setbacks and other spaces. No part of a setback, other open space, off-street parking, or loading space required for another building may be included as a part of the setback, off-street parking, or loading space required for another building, except as specifically provided for in this article.

(11)

Substandard lots. Any lot existing at the time of the adoption of the ordinance from which this article is derived which has an area or a width which is less than required by this article is subject to the following exceptions and modifications:

a.

Adjoining lots in same ownership. When two or more adjoining and vacant lots are within a non-approved development with continuous frontage and are in single ownership at the time of application and such lots have a frontage or lot area less than is required by the district in which they are located, such lots must be replatted so as to create one or more lots which conform to the minimum frontage and area requirements of the district.

b.

Single lots. When a lot has an area or frontage which does not conform with the requirements of the district in which it is located, but was a lot at the effective date of the ordinance from which this article is derived, such a lot may be used for any use allowed in the zoning district in which it is located as long as all other requirements of this article are met.

(12)

Encroachment on public rights-of-way. No building, structure, service area, required off-street parking, or loading/unloading facility is permitted to encroach on public rights-of-way.

(13)

Physical design standards. Minimum design standards for driveways, loading areas, and other such physical site improvements are contained in the city's development regulations

(14)

Off-street parking and service requirements. Minimum standards for off-street parking and service requirements are contained in these development regulations.

(15)

Other applicable development regulations. Information concerning any other applicable development regulations may be obtained by consulting the community development director.

(16)

State waters. If a lot is bounded by or contains drainage or natural surface water features, the developer shall provide an environmental assessment from a licensed and qualified environmental engineer to determine whether the waters are State waters and the bounds thereof, and whether buffers are required. The method used to determine that buffers are necessary based on information defined by the EPD publication, "The Field Guide for Determining the Presence of State Waters that Require a Buffer" (including the presence of base flow) should be provided in the assessment. The environmental assessment should include photographs of the site and water feature and a plat or survey identifying the location of the water feature on or adjacent to the property.

(17)

Multifamily developments. Whenever a lot is planned to be developed as a multifamily residential development under common ownership or without subdivision, it shall be subject to the same procedures for review of a preliminary plat, construction plat and as-built plat as a multifamily subdivision, including review by the unified zoning board, to ensure compliance with the purposes and intent of these development regulations and the zoning ordinance.

(Ord. of 8-11-2016, § 3.1)