§ 117-348. Newly erected buildings; lot grade elevations.

(a)

Every building erected after the adoption of the ordinance from which this chapter is derived shall be located on a lot, as defined herein and in no case shall there be more than one main building on any one lot, except as may otherwise be provided herein.

(b)

The finished lot grade elevation of all buildings, as measured at the building, shall be a minimum of 18 inches above the centerline grade of the adjacent public roadway. All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies, or platforms above normal grade level, shall not project into any minimum front, side or rear yard.

(c)

Any lot of record existing at the effective date of the ordinance from which this chapter is derived may be used for the erection of a dwelling conforming to the use regulations of the district in which it is located, even though its area is less than the minimum requirements of this chapter. This provision shall not apply to lots with widths below the district minimum, meaning that all lots of record must meet district lot width minimums to qualify.

(d)

Sanitary sewer and municipal water connections for all structures shall be stubbed in to provide for convenient hook-up to municipal waste water collection system.

(e)

The owners of a corner lot may elect to access the principal building on either street that the lot abuts. In cases of through lots the city shall determine which street the building fronts and accesses. In cases where one of the streets is a county, state or MSA street, the lot shall access on the other street. Where any such election is manifestly contrary to the established character or welfare of the neighborhood, the permit shall be referred to the board of appeals for approval or disapproval.

(f)

All buildings hereafter constructed in the city should be sited on their respective lots with respect to future re-subdivision as provided in article III of this chapter regarding subdivisions, as if those future lot lines were recorded at the time the building permit application is made. For the purposes of this division, on-site sewer systems are not considered part of the building.

(g)

A vision clearance triangle shall be established at each intersection corner in order to provide adequate site distance. The vision triangle shall be formed by creating a third leg that connects the ends of two legs that are in line with the face of the existing curbs. On streets which have a stop condition the length of the leg shall be 25 feet from the nearest face of the curb on the cross street being approached and shall be 50 feet for streets without stop conditions. The vision triangle shall also apply at alleys and at commercial driveways with the leg distance of 25 feet. The vision triangle shall be three dimensional and shall extend from 30 inches to nine feet above the top of curb. Where the wording herein refers to horizontal measurement from the face of curb and no curb exists, the edge of pavement shall be used instead. Where the wording herein refers to vertical measurement from top of curb and no curb exists, the measurement shall begin six inches above the pavement. The vision clearance triangle shall contain no fence, structure, earth bank hedge, planting, wall or other sight obstruction. The following are exempted: utility poles, fire hydrants, traffic signals and signs, trees trimmed to the trunk, and plant species of open growth habit that are not planted in the form of a hedge and which are planted and trimmed as to leave an unobstructed view in all seasons. There shall be no parking allowed along the curbs within the vision triangle. Construction of new buildings or new additions to existing buildings that extend into the vision triangle shall not be permitted. Existing buildings shall not be considered an obstruction under the terms of this division. The city engineer may waive this provision where the natural contour of the ground is such that there can be no cross visibility at the intersection. Landscaping with the vision clearance triangle that is in existence prior to the date of adoption of the ordinance from which this division is derived shall be viewed on a case-by-case basis to determine whether these landscaping elements are in compliance with this division. The public works committee shall render the final decision on such determinations.

(h)

Grading.

(1)

Mass grading activities of the overall development of a site may utilize on-site stripped topsoil at a minimum thickness of four inches.

(2)

Areas reserved for open space or dedicated parkland, except for natural areas that are left undisturbed, shall include a minimum of four inches of topsoil, as defined in section 117-1, or an approved alternative as referenced in subsection 117-348 (i) (1) b., over the entire area and reestablish the same with sod (or seed and/or native grasses and wildflowers, if approved by the city council). Noxious weeds do not constitute acceptable ground cover in any district.

(3)

Individual lots within a development must comply with the general provisions for lawn requirements/ground cover as outlined in subsection (i) of this section.

(4)

Final slope grades shall not exceed 3.5:1, unless approval from the city engineer is granted for terracing of retaining walls. Berming for parking lots and open space areas shall not exceed a slope of 3:1.

(i)

Lawn requirements/ground cover. All exposed ground areas, including boulevards and areas not devoted to off-street parking, driveways, sidewalks and/or trails, patios or other such improvements shall be landscaped with grass, shrubs, trees and/or other ornamental landscape materials within six months of the date of issuance of the certificate of occupancy. Also refer to individual zoning districts for specific planting requirements.

(1)

Topsoil. In all zoning districts, a minimum of four inches of topsoil, as defined in section 117-1, shall be applied across all exposed ground areas to the edge of improved streets, sidewalks, driveways and other impervious surfaces, excluding natural areas that are left undisturbed, whenever a building permit is issued for the construction of a principal building.

a.

The depth of topsoil at the time of inspection shall be no less than four inches.

b.

Alternatives to the import of topsoil, such as compost or other soil amendments known to improve soil water holding capacity may be permitted, but only with the prior approval of the city engineer.

(2)

Required ground cover. In all zoning districts except R-1, all portions of a site not covered by structures, concrete or asphalt, but excluding natural areas that are left undisturbed, shall be finished with sod and/or plantings, up to the edge of the improved street. Any alternative to the sod requirement shall require city council approval.

a.

In the R-1 Zoning District, sod is required in all boulevards, excluding those areas devoted to sidewalks, trails and driveways.

b.

The remainder of a yard may be established with sod, seed, natural ground cover and/or native grasses and wildflowers. Noxious weeds do not constitute allowable ground cover.

c.

A landscape escrow, in an amount to be determined by the building official, shall be deposited for all required landscaping, including topsoil, sod and trees, which is not established at the time of issuance of the certificate of occupancy. Installation of required landscaping, including topsoil, sod (or seeding where permitted by this Code) and trees, shall be completed within six months of the issuance of the certificate of occupancy, weather permitting. The city may draw upon the landscaping escrow to install landscaping if said work is not completed within six months of the issuance of the certificate of occupancy.

(Code 1978, § 9.11.01; Ord. No. 73-05, 5-21-1973; Ord. No. 03-30, 9-15-2003; Ord. No. 04-23, 7-12-2004; Ord. No. 09-06, § 2, 4-28-2009; Ord. No. 10-04, § 2, 4-13-2010; Ord. No. 11-09, § 2, 6-28-2011)