5-132. Exceptions and Additional Regulations.
The following exceptions and additional regulations apply to all use districts unless otherwise specified:
A. Height. Buildings and Structures in District D-1 may be increased in height not to exceed ten feet (10') in addition to the pertinent limitation established by these Zoning Regulations, provided that two (2) Side Yards of no less than thirty-five feet (35') in width, each, are provided. Buildings and Structures in District R-1 that are at a height greater than allowed under these Zoning Regulations, were in existence on or before July 17, 1998, and have two (2) Side Yards of no less than thirty-five feet (35') in width, each, may have additions at a height equal to or less than the Building or Structure to which the addition is added, provided that such additions otherwise conform to these Zoning Regulations.
B. Yards. The yard requirements in District R-1 as set forth in Sections 5-119 through 5-121 are subject to the following exceptions:
1. Platted Setback Lines. Where a Plat that has been approved by the City and filed for record shows a Setback Line that differs from the requirements of these Zoning Regulations, such platted Setback Line shall apply.
2. Official Street Line. Where an official line has been established for future widening or opening of a Street upon which a Lot abuts, then the depth or width of a yard shall be measured from such official line to the nearest line of the Building.
3. Certain Portions of Buildings. Portions of Buildings may project into required yards as follows:
(a) Bay Windows, Bow Windows, Oriels, dormers or other projecting windows and stairway landings, other than full two (2) or more story windows and landings may project into required yards not to exceed three feet (3').
(b) Miscellaneous architectural features, including eaves, cornices, sills, belt course, spoutings, chimneys, brackets, pilasters, grill work, trellises and similar projections for purely ornamental purposes may project into required yards not to exceed four feet (4'), provided that in no event shall the projections permitted in this subparagraph project into required Side Yards a distance greater than one-half (½) the required minimum width of the Side Yard.
(c) Any Vestibule, not more than one (1) story in height, may project into required yards not more than three feet (3'), provided that in no event shall the projections permitted in this subparagraph project into required Side Yards a distance greater than one-half (½) the required minimum width of the Side Yard.
(d) A Stoop/Porch may project into the required Front Yard, provided that the area of the Stoop/Porch does not exceed sixty square feet (60 sq. ft.), and that the height of the Stoop/Porch, as measured from any adjacent Walkway or Driveway, does not exceed two feet (2'). Steps which are reasonably required to provide access to the Stoop/Porch may project such additional distance into the Front Yard as necessary to meet their purpose. A railing designed to assist in the negotiation of the steps may be incorporated into the Stoop/Porch and steps.
(e) An unenclosed covering for a Stoop/Porch may project into the required Front Yard not to exceed ten feet (10'), and the total area of such covering may not exceed eighty square feet (80 sq. ft.).
(f) Walkways that connect Stoops and Porches to Driveways may be constructed to a width of up to eight feet (8') for a distance of no more than six linear feet (6 LF).
4. Yard Lights. Yard lights as further described below may be placed in the Front Yard provided that:
(a) The light must have a single, non-decorative, pole no wider than four inches (4") in diameter and no taller than six feet (6').
(b) The light may have only one single decorative head, no taller than eighteen inches (18") including the finial.
(c) The light must serve a purpose such as lighting a Walkway or Driveway.
(d) As an alternative, and not in addition to, the single pole light permitted above:
i. Lights on Walls that were previously permitted by the City may be replaced in the same location with a light of the same style and size; or
ii. Two (2) lights are permitted on Courtyard Fences or Walls (authorized by Section 5-135.C), one (1) on either side of the opening to the Courtyard.
5. Underground Structures. The following underground Structures may project into required yards: window wells; utility service lines, stormwater drainage systems and underground drain pipes; irrigation systems; and Building footings.
6. Courtyard Fence or Wall. If a Courtyard Fence or Wall is a Replacement of an existing nonconforming Fence or Wall, construction may be of the same dimensions, location, style, and material as the nonconforming Fence or Wall. Documentation of such nonconforming dimensions, location, style, and material must be provided for the Replacement.
7. Entryway Markers. For LS-6 and LS-7 only, no more than two (2) entryway markers per Driveway entrance may be placed in the Front Yard, provided that:
(a) The primary function is to define or locate vehicular or pedestrian access onto a property;
(b) The entryway markers are located (i) at least ten feet (10') from the Street (back of curb), (ii) no more than fifteen feet (15') from the Street (back of curb), and (iii) within five feet (5') of the Driveway entry onto the property;
(c) Each entryway marker shall have a maximum footprint of two square feet (2 sq. ft.) and a maximum height of six feet (6');
(d) A light fixture or decorative element may be added to the top of the entryway marker provided that any such light fixture or decorative element shall have a maximum height of two feet (2');
(e) Decorative or accent Walls may be added to each entryway marker provided that such Walls shall taper to a maximum height of three feet (3') and shall have a maximum length that does not exceed twice the height of the entryway marker (excluding any light fixture or decorative element added to the top of the entryway marker);
(f) The entryway markers and any decorative or accent Walls shall be compatible with the style of the Principal Building.
(g) Notwithstanding the foregoing requirements, existing nonconforming entryway markers (including related Walls) may be replaced in substantially the same location and with substantially the same materials without a variance from the Board, provided that:
i. The City Clerk has on file (x) a site plan certified by the property owner that shows the location and all measurements of the Structure, and (y) photographs of the Structure, both of which are dated on or before November 17, 2019; and
ii. A building permit for the replacement Structure shall be obtained prior to any Construction.
8. Artificial Turf. Artificial Turf shall be permitted only under the following conditions, each of which must be satisfied:
(a) Location. Artificial Turf shall only be installed in Rear Yards and shall be adequately screened to the extent practical that prevents the Artificial Turf from being observed from any Street or adjacent property. In addition, Artificial Turf shall not be installed on slopes greater than six percent (6%) unless approved during the permitting process.
(b) Coverage. Artificial Turf shall not exceed two hundred fifty square feet (250 sq. ft.) in area.
(c) Material. Artificial Turf shall:
i. Simulate the appearance of natural live grass and be of a type known as cut-pile infill with parallel long slit blades. The minimum pile length shall be one and three-fourths inches (1 3/4") and the maximum pile length shall be two and one-half inches (2 1/2"). The Artificial Turf shall contain a beige or tan thatch layer. The Artificial Turf blades (not including the thatch layer) shall be required to contain at least two (2) colors. The requirements in this subsection i shall not apply to putting greens.
ii. Comply with all federal and state standards related to heavy metal content, including but not limited to the standard specification for total lead content (ASTM F2765) and lead test results indicating no more than one hundred fifty milligrams per kilogram (150 mg/kg). Artificial Turf that is made from recycled materials is encouraged. The use of indoor or outdoor plastic or nylon carpeting is prohibited.
iii. Be constructed to maximize dimensional stability, resist damage during normal use and to minimize UV degradation. Further, the Artificial Turf shall be resistant to fire, staining, weather, insects, rot, mildew and fungus growth.
iv. Contain an infill material of clean silica sand or zeolite material that is brushed into the Artificial Turf to keep the blades upright and achieve a natural grass look (except for putting greens which do not need to simulate natural grass). Any replacement infill shall be silica sand or zeolite material. Rubber infill is prohibited.
v. Be affixed to a permeable triple layer primary backing with a tuft bind strength of at least eight pounds (8 lbs.). The backing shall allow water to percolate through the Artificial Turf at a drain rate of at least thirty inches (30") per hour. The Artificial Turf system shall allow for the free movement and drainage of water through the system to prevent runoff, pooling, and flooding.
vi. Have a manufacturer’s warranty lasting at least eight (8) years.
vii. Have spacing between tufting rows (gauge) of no more than three-eighths inch (3/8") as defined by the manufacturer.
viii. Have a face weight of at least sixty ounces (60 oz.). The “face weight” is defined as the weight in ounces of the Artificial Turf fibers found in one square yard (1 sq. yd.) of synthetic turf as defined by the manufacturer.
ix. Have tear grab strength of at least two hundred pounds (200 lbs.).
x. Pass the pill burn test for flammability (ASTM D2859).
xi. For purposes of this Section 5-132.B.8(c), “putting green” means a smooth area of short Artificial Turf surrounding a hole used for putting on a Lot in District R-1.
(d) Installation. Artificial Turf shall be installed pursuant to manufacturer’s requirements by licensed professionals who are experienced and trained by the manufacturer in the installation of the Artificial Turf. In addition:
i. The Artificial Turf shall be installed over at least three inches (3") of a compacted aggregate base that provides adequate drainage. The base material shall be installed over subgrade that is compacted to a firm condition to ensure stability and maintain adequate drainage, and the area must be sloped and graded to prevent excessive pooling, runoff, or flooding onto adjacent property.
ii. Artificial Turf areas must be sufficiently drained to live planting areas to provide complete infiltration of runoff.
iii. Seams shall not be visible and shall be fastened in a manner that ensures they are firm, tight and permanent. Seams shall be sewn and fibers shall be brushed to provide full coverage of the fibers over the seams.
iv. The Artificial Turf shall be anchored over the entire coverage area and shall be installed with a nailer board or any such substitute recommended by the manufacturer intended to conceal edges and ensure proper anchoring of the Artificial Turf.
v. All existing irrigation infrastructure in the Artificial Turf area including piping and sprinkler heads that are no longer used must be capped or removed and shall not be visible.
vi. All reasonable efforts shall be made to protect existing trees and tree roots from damage during installation.
(e) Maintenance. Artificial Turf shall be maintained in an attractive and clean condition. In addition, the following maintenance activities are required for Artificial Turf:
i. Cleaning, sanitizing, brushing, and removal of debris. Cleaning shall be done with biodegradable products.
ii. Hand raking of worn Artificial Turf areas on an as needed basis.
iii. Repairing of depressions to maintain an even visual surface.
iv. Brushing back any loose infill that has been washed or moved off the Artificial Turf.
v. Regular maintenance to eliminate any odors, flat or matted areas, weeds, looseness at edges, seams, or elsewhere.
vi. Damaged or worn areas in the Artificial Turf surface must be repaired or removed and replaced in a manner that results in consistent appearance with the existing Artificial Turf.
vii. Artificial Turf shall be maintained in a green, fadeless condition and must be replaced once it is unable to be maintained as required. Artificial Turf shall be maintained in a green, fadeless condition and must be replaced once it is unable to be maintained as required.
(f) Artificial Turf Information Sheet. City staff will provide an Artificial Turf Information Sheet, which must be signed by the property owner(s). The City Clerk shall retain a copy of the signed Artificial Turf Information Sheet.
(g) Other Provisions of the Zoning Regulations. Artificial Turf installations shall comply with all other applicable provisions of these Zoning Regulations.
C. Existing Utility Structures. In all use districts, existing public utility poles, lines, transformers, terminals and other appurtenances normally incident to the conduct of a public utility may be replaced, provided that the replacement Structure is installed in the same location as such existing Structure and is of the same type and dimension. Such a replacement Structure shall be exempt from review for approval or disapproval by the ARB; provided, that no such Structure may be replaced without first obtaining a building permit in accordance with these Zoning Regulations.
D. New Utility Structures. In all use districts, new public utility poles, lines, transformers, terminals and other appurtenances normally incident to the conduct of a public utility may be installed within a Utility Easement, provided that no such Structure may be installed without first obtaining a building permit and obtaining the approval of the ARB in accordance with these Zoning Regulations.
E. Detached Accessory Buildings. In any use district, a Detached Accessory Building shall not exceed twenty-four feet (24') or two (2) stories in height, and shall in no event be higher than the Principal Building, and shall not occupy more than twenty percent (20%) of a Minimum Rear Yard or a Side Yard. No Detached Accessory Building shall be closer than ten feet (10') to the Principal Building. The exterior materials of any Detached Accessory Building shall be compatible with the exterior material of the Principal Building.
F. Commercial Filming. The City Council shall adopt regulations governing commercial filming in the City. In any use district and in all public areas of the City including, but not limited to, Streets, parks and open areas, commercial filming shall be allowed, provided that any person or entity conducting such commercial filming complies with all commercial filming regulations adopted by the City Council. In adopting commercial filming regulations, the City Council may establish a permit requirement, a permit application process, permit fees, bond and insurance requirements, traffic and safety control requirements, time limitations for filming and such other regulations as the City Council deems appropriate.
G. Lighting Performance Standards. Any lighting used to illuminate Off-Street Parking Spaces, Signs, Buildings or other Structures in any use district shall be arranged so as to deflect light away from any adjoining residence or from public Streets. Any light or combination of lights that cast light on a public Street shall not exceed one (1) footcandle (meter reading) as measured from the centerline of the Street. Any light or combination of lights that cast light on an adjacent residence shall not exceed one-half (0.5) footcandle (meter reading) as measured from the property line. These regulations do not apply to security lights activated by a motion detector with a timer which ensures that the light will go off within ten (10) minutes after the motion detector is triggered. [Ord. 1599, 02-14-22.]