A driveway or walk to provide access to premises in a district D, E, F or G shall not be permitted in a district A, B, or C.

(Code 1978, § 405.160)

Buildings or structures or uses which are accessory to the use permitted in one (1) district shall not be permitted in a district of a higher classification.

(Code 1978, § 405.160)

The board may permit an auxiliary use, a parking area for passenger only, on a lot or lots in district A, B or C which adjoining a lot in districts D to G inclusive, for use by customers of neighboring business establishments, providing such parking is developed as follows:

(1)

Such area shall have a permanent paving and shall be properly enclosed with a fence, wall or other suitable enclosure, to be approved by the board, having a height of not less than three (3) feet.

(2)

Such fence, wall or enclosure shall be maintained in good condition and observe the required front yard regulations of the district in which it is located.

(3)

No parking shall be permitted within six (6) feet of an adjoining lot in district A, B or C.

(4)

Any lights used to illuminate said parking area shall be so arranged as to direct the light away from any adjoining premises in a district A, B or C.

(Code 1978, § 415.020)

The board may permit a transitional use between a business and dwelling district where the side of a lot in a district A or B abuts upon a lot zoned for business or industrial purposes as follows:

(1)

On a lot in a district A which sides upon a lot zoned for business or industrial purposes, the board may permit a two-family dwelling.

(2)

On a lot in a district B which sides upon a lot zoned for business or industrial purposes, the board may permit a four-family dwelling.

(3)

Provided, however, that in no case shall any transitional use have a width of more than one hundred (100) feet.

(Code 1978, § 415.020)

The board may grant a permit for a temporary building for commerce or industry in a dwelling district which is incidental to the dwelling development, the permit to be issued for a period of not more than two (2) years.

(Code 1978, § 415.020)

(a)

The owners of any tract of land comprising an area of not less than five (5) acres may submit to the city council a plan for the use and development of all of the tract of land for dwelling purposes. The development plan shall be referred to the commission for study and report and for public hearing. If the commission approves the development plan, the plan, together with the recommendation of the commission, shall then be submitted to the city council for consideration and approval. The recommendations of the commission shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed community unit plan meets the following conditions:

(1)

That property adjacent to the area included in the plan will not be adversely affected;

(2)

That the plan is consistent with the intent and purposes of this chapter to promote public health, safety, morals or general welfare;

(3)

That the buildings shall be used only for single-family dwellings, two-family dwellings or multiple dwellings and the usual accessory uses such as garages, storage space and community activities, including churches;

(4)

That the average lot area per family contained in the site, exclusive of the area occupied by streets, will be not less than the lot area per family required in the district in which the development is located.

(b)

If the city council approves the plan, building permits and certificates of occupancy may be issued even though the use of land and the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.

(Code 1978, § 405.200)

The regulations and requirements as to height of buildings and area of lot which may be occupied by buildings, front yards, side yards and rear yards, and other regulations and requirements as established in this chapter shall be subject to the following exceptions and additional regulations:

(1)

In districts A, B, C, D and F public or semipublic buildings, such as hospitals, hotels, churches, sanitariums or schools, either public or private, where permitted may be erected to a height not exceeding seventy-five (75) feet, provided that such building shall be set back one (1) additional foot on all sides for each additional foot that such building exceeds the specified height limit as established by the regulations of the district in which such buildings are situated.

(2)

Dwellings in districts A, B and D may be increased in height not exceeding ten (10) feet in addition to the limitations of two and one-half (2½) stories, or thirty-five (35) feet, as prescribed in such districts, provided that two (2) side yards of not less than fifteen (15) feet in width, each are provided. In no case shall such dwellings however, exceed three (3) stories in height.

(3)

Parapet walls and false mansards shall not extend more than six (6) feet above the height limit. Flagpoles, chimneys, cooling towers, electric display signs, elevator bulkheads, penthouses, finials, gas tanks, grain elevators, stacks, silos, storage towers, radio towers, ornamental towers, monuments, cupolas, domes, spires, standpipes, and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter adopted ordinances of the city except that in districts A and B no radio aerial support shall be erected more than five (5) feet above the height limitations of such districts and in no event shall extend more than five (5) feet above the ridge of a roof.

(4)

On through lots one hundred twenty-five (125) feet or less in depth, the height of a building may be measured from the curb level of either street. On through lots of more than one hundred twenty-five (125) feet in depth, the height regulations for the street permitting the greater height, shall apply to a depth of not more than one hundred twenty-five (125) feet from that street.

(5)

For any building used jointly for business and dwelling purposes or industry and dwelling purposes, the number of families permitted by the lot area requirements per family shall be reduced in the same proportion as the floor area devoted to business or industry bears to the entire floor area of the building, provided that floor area below the first floor of such building shall not be included in any calculation under this provision.

(6)

For any building providing jointly for hotel and apartment house uses, the number of families permitted in apartments by the lot area requirements per family shall be reduced in the same proportion as the total floor area devoted to hotel or nonhouse keeping rooms bears to the total floor area devoted to both uses.

(7)

In district A, B, C or D where lots comprising forty (40) percent or more of the frontage, on the same side of a street between two (2) intersecting streets, (excluding reverse corner lots) are developed with buildings having front yards with a variation of not more than ten (10) feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage, except that where a recorded plat has been filed showing a setback line which complies with the requirements of this chapter, yet is less than the established setback for the block as provided above, such setback line shall apply, provided that the board may permit variations in case of hardship, or where the configuration of the ground is such as to make conformity with the front yard requirements impractical.

(8)

Where an official line has been established for future widening or opening of a street upon which a lot abuts, then the width of a yard shall be measured from such official line to the nearest line of the building.

(9)

Dwellings or apartments may be built in groups about a place or court with their rears adjacent to a side lot line, provided that:

a.

The side yard shall be increased by one (1) foot for each dwelling abutting thereon or one (1) foot for each apartment entrance or exit abutting thereon.

b.

The width of the place or court shall not be required above, and where a roadway is provided in such place or court, the width of such roadway shall be in addition to that allowed above.

c.

A minimum of ten (10) feet shall be allowed between buildings in the group.

(10)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall extend into a court more than six (6) inches nor into a minimum yard more than twenty-four (24) inches, and provided that within five (5) feet of the street wall a cornice may project not more than two (2) feet into the side yard; and provided further that canopies or open porches having a roof area not exceeding sixty (60) square feet may project a maximum of six (6) square feet into the required front or rear yard; open paved terraces may project not more than ten (10) feet into a front or rear yard, and existing open porches extending into the required yard shall not be enclosed.

(11)

An open fire escape may project into a required side yard not more than half the width of such yard. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into a rear yard.

(12)

A terrace garage in an A, B or C district may be located in a front or side yard provided that it is completely recessed into the terrace, and that the height of the terrace is sufficient to cover and conceal the structure from above, and further provided that the doors when open, shall not project beyond the property line, and that the structure be setback at least four (4) feet from the front property line.

(13)

In any district an accessory building, not exceeding twenty-four (24) feet or two (2) stories in height, or in any case not higher than the main building, may occupy not more than thirty (30) percent of a rear yard, except that in districts C to G inclusive, if such building is not more than one (1) story or sixteen (16) feet high, it may occupy forty (40) percent of a rear yard.

(14)

Buildings in districts D to G inclusive, used wholly or partially for business or industrial purposes, need not provide a side yard, provided that portions of such buildings which are designed or used for dwelling purposes shall provide on any floors, in addition to the front and rear yard requirements, open space equivalent to the area of side yards for buildings used exclusively for dwelling purposes in the district in which such buildings are situated. Such open spaces may be in the form of additional front yard or rear yard or one (1) or more courts opening to the street or rear yard; provided that:

a.

No court shall have a width of less than ten (10) feet, nor less than one-fourth of its length; nor a width of less than two and one-half (2½) inches for each foot of height of the court.

b.

That the width of any portion of a required side yard as provided in this chapter may be considered as a part of such court.

(15)

No yard shall be required in districts E to G inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a right rear railway tract connection.

(16)

In districts D to G inclusive in computing the depth of a rear yard for any building where such yard abuts an alley, one-half of such alley may be assumed to be a portion of the rear yard.

(17)

In any district where buildings on adjoining lots, used exclusively for dwelling purposes, do not conform to the side yard requirements of this chapter, the board may vary the side yard requirements, provided that no building may be built nearer than three (3) feet to the side lot line and provided that the width of the building allowable under this chapter may not be increased.

(Code 1978, § 405.190)

The following additional regulations shall apply to lands situated adjacent to any airport or landing strip in the city which contains a runway or landing strip of four thousand (4,000) feet or less in length. The airport hazard area shall be defined and regulated as follows:

(1)

Detailed description of hazard area:

a.

The hazard area consists of approach zones, turning zones, and transition zones. The outer boundary of the hazard area is composed of a circle whose center is the midpoint of the centerline of the instrument runway or landing strip and having a radius of four thousand (4,000) feet, and which also constitutes the outer boundaries of the approach and turning zones.

b.

The inner boundary of the hazard area is a boundary line consisting of a series of intersecting tangents, five hundred (500) feet from the parallel to the centerline of the instrument runway or landing strip and two hundred fifty (250) feet from the parallel to the respective centerlines of all other runways or landing strips and connecting the inner boundaries of adjacent approach zones at the ends of the runways, landing strips, or proposed runways or landing strips.

(2)

Zone descriptions:

a.

An approach zone shall be located at each end of each existing or proposed runway, landing strip or other portion of the airfield used regularly, or to be used regularly, for the landing or taking off of airplanes. Such approach zones shall begin two hundred (200) feet beyond the ends, their respective landing strips and at such beginning be five hundred (500) feet in width for all runways and landing strips and shall extend and expand uniformly centered along the extended centerline of the respective landing strip, to the outer boundary of the approach zone at a ratio of twenty (20) feet of width for each one hundred (100) feet of horizontal length for all runways.

The inner area of each approach zone shall be that portion of the approach zone beginning two hundred (200) feet beyond the end of the respective or proposed landing strip and extending to the intersection of the controlling glide angle with a plane one hundred fifty (150) feet above the elevation of the highest point on any runway or landing strip on the airport.

The outer area of each approach zone shall be the area between the inner area of the approach zone and the outer limit of the approach zone.

b.

The turning zones shall compromise all portions of the hazard area not contained in the approach zones and in the transition zones. The outer limits of the turning zones shall be a circle the radius of which is four thousand (4,000) feet and whose center is the midpoint of the centerline of the longest runway or landing strip.

c.

The transition zones shall be the areas bounded by the inner boundary of the hazard area, the sides of contiguous inner area of approach zones and the outer limits of the transition zones; the outer limits of the transition zones being the intersections at elevations of one hundred fifty (150) feet above the elevation of the highest point on any runway or landing strip on the airport, of a series of continuous planes originating from bases established by the inner boundary of the hazard area and the edges of adjacent inner areas of approach zones. The planes rise from their respective bases at the rate of one (1) foot vertically to seven (7) feet horizontally to the lines of intersection previously referred to.

(3)

Height regulations. No building or structure, including transmission line, communications line, pole tree, smokestack, chimney, wires, tower or other structure or appurtenances thereto of any kind or character shall hereafter be erected, constructed, reconstructed, moved or altered, nor shall any tree or other object of natural growth be allowed to grow:

a.

In inner areas of approach zones to a height above the elevation of the highest point on any runway or landing strip on the airport in excess of one twentieth of the distance from a point two hundred (200) feet beyond the end of the runway or landing strip, to said structure or object.

b.

In the outer area of approach zones and in turning zones to a height of one hundred fifty (150) feet above the elevation of the highest point on any runway or landing strip on the airport.

c.

In the transition zones to a height above the planes forming the transition slopes.

d.

In the runways or landing strips to a height above the finished grade of said runways or landing strips.

Regulations controlling height of buildings and structures adjacent to heliport shall be applied by the commission at the time that a permit is applied for and after receiving an aeronautical evaluation of the proposed facility by the Federal Aviation Agency as required by law.

(4)

Permit. It shall hereafter be unlawful to erect, construct, reconstruct, repair, or establish any building, transmission line, communication line, pole, tree, tower, smokestack, chimney, wires, or other structure or appurtenance thereto of any kind or character or to plant or replant any tree or other object of natural growth, within the boundaries of the hazard area of an airport without first obtaining a building or land use permit from the building inspector.

(5)

Nonconforming structures. Within the hazard areas as hereinbefore defined, no nonconforming building or structure, or object of natural growth shall hereafter be replaced, substantially reconstructed, repaired, altered, replaced, or allowed to grow, as the case may be, to a height which constitutes a greater hazard to air navigation than existed before these regulations if such structures or objects of natural growth have been removed, torn down or destroyed.

(6)

Marking of nonconforming structures. Whenever the building inspector shall determine, or shall be notified by the Federal Aviation Agency that a specific structure exists within the zoned area hereinbefore described at such a height or in such a position as to constitute a hazard to the safe operation of aircraft landing at or taking off from the airport, the owner and the lessor of the premises on which such structure or object is located shall be notified in writing by the building inspector and shall within a reasonable time permit the marking thereof by suitable lights or other signals designated by the Federal Aviation Agency. The costs of such marking shall not be assessed against the owner of or lessor of the premises.

(Code 1976, § 405.190)

The board may grant a permit for the extension of use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership at the time of the adoption of this chapter, such extension not to exceed fifty (50) feet.

(Code 1978, § 415.020)

(a)

Dwellings. For all one-and two-family dwellings or any tourist courts hereafter erected, converted, or structurally altered, provision shall be made for parking of motor passenger vehicles for the use of occupants, either on the premises or in a community garage in the same block. Such parking shall provide space for one (1) vehicle for each family unit.

(b)

Apartments and multiple dwellings. For all apartments or multiple dwellings hereafter erected, converted or structurally altered, provision shall be made for the storage or parking of motor passenger vehicles for the use of occupants either on the premises or within two hundred (200) feet of land zoned for business or industry, or on a site approved by the board after public hearing. One (1) parking space shall be provided for each dwelling unit.

(c)

Hotels, apartment hotels, and clubs. For all hotels, apartment hotels, and clubs hereafter erected, converted or structurally altered, except in district E, provision shall be made for the parking of motor passenger vehicles for the use of occupants. One (1) parking space shall be provided for each of the first twenty (20) individual guest rooms or suites; one (1) additional parking space for every four (4) guest rooms or suites in excess of twenty (20).

(d)

Hospitals and institutions. For all hospitals, and philanthropic or eleemosynary institutions hereafter erected, converted, or structurally altered, except in district E, provision shall be made for the parking of motor passenger vehicles. One (1) parking space shall be provided for each one thousand (1,000) square feet of floor space in the building.

(e)

Places of assembly. For every structure or part thereof hereafter erected, converted or structurally altered, to be used as a theater, auditorium, stadium or other place of public assembly, except in district E, there shall be provided and maintained accessible off-street parking space for the storage of motor vehicles on the basis of one (1) vehicle for each five (5) seats of the total audience seating capacity of the building, structure or part thereof. Such parking shall be located on the same lot with such building, structure, or part thereof, or within two hundred (200) feet thereof. Churches shall be exempted from this provision.

(f)

Business or industrial buildings. Any business building hereafter erected, converted, or structurally altered in district D, shall provide accessible off-street parking at the rate of one (1) parking space for each two hundred (200) square feet of floor area in the building. For all business or industrial buildings hereafter erected, converted, or structurally altered in districts F and G, provision shall be made for off-street parking. One (1) parking space shall be provided for each four hundred (400) square feet of floor area in the building. Such parking space shall be on the same lot with the main building, or within three hundred (300) feet thereof.

(Code 1978, § 405.210)

Any business or industrial building, hospital, institution, hotel hereafter erected, converted or structurally altered, in any district, shall provide adequate off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building, in such manner as not to obstruct freedom of traffic movement on the public streets or alleys.

(Code 1978, § 405.210)