(a)

It shall be unlawful and a violation of this Code for any occupants residing in or for the owner of any single-family dwelling or unit located in the R-1, R-2, or R-2A zoning districts to have more than 3 unrelated individuals residing therein. Furthermore, no family as defined in this Code shall have, in addition to the members of their family, more than two unrelated individuals residing with such family. For purposes of this section, one unrelated individual residing with a family shall include the minor child or children of such unrelated individual residing with him or her.

(b)

Any person or persons found guilty of violating this section shall be punished as provided in section 1-13 of this Code.

(c)

Prima facie proof of occupancy of a dwelling unit by more than three unrelated persons shall be established in any prosecution for violation of this section if it is shown that the same four or more vehicles registered to persons having different surnames and addresses were parked overnight at the dwelling a majority of nights in any 21-day period. The establishment of a prima facie level of proof in this subsection does not preclude a showing of an unauthorized occupancy of a dwelling unit by a person in any other manner.

(d)

The property owner and any agent of the property owner shall be legally responsible for directly or indirectly allowing, preventing, causing, or failing to prohibit the occupancy by more than 3 unrelated persons of a single family dwelling unit located in the R-1, R-2, and R-2A zoning districts as prohibited by this Code section.

(e)

For purposes of the prohibitions set forth in this Code section, any nonconforming use created by the definition of what "family" as provided at the time of adoption of this ordinance in 2007, and the regulations related thereto, which was a legal use at the time of such adoption shall be permitted to continue through January 1, 2008. After the date of adoption of this chapter, the use of such dwellings shall be in compliance herewith. However, any use established subsequent to the adoption of this definition of "family" and this ordinance, which use did violate and continues to violate any standards of this Code section, is illegal, not nonconforming, and shall be prosecuted as any other violation of this Code.

(Ord. No. 20-2008, 12-8-08)

Home occupations are accessory uses in residential districts and shall be governed by the standards set out in this division. These standards are intended to ensure compatibility with the residential character of the neighborhood and to emphasize the clearly secondary or incidental status of the home occupation in relation to the residential use of the main building. Home occupations will be authorized upon issuance of a occupational tax permit from the city.

(Ord. No. 20-2008, 12-8-08)

The following standards must be met for all home occupations:

(1)

Such occupation shall be located and conducted in such a manner that the average neighbor, under normal circumstances, would not be aware of its existence.

(2)

Solely occupants at the residence shall conduct such occupations.

(3)

No internal or external alterations inconsistent with the residential use of the building, accessory building or property shall be permitted, and no more than 25 percent of the gross floor area shall be utilized.

(4)

The applicant must be the owner of the property on which the home occupation is to be located, or, if the applicant is a tenant, he must have written approval of the owner of the property.

(5)

No stock in trade (except articles produced by the members of the immediate family residing on the premises) shall be displayed or sold upon the premises.

(6)

No outside storage related to the home occupation shall be permitted.

(7)

No uses shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to a greater or more frequent extent than that usually experienced in an average residential occupancy.

(Ord. No. 20-2008, 12-8-08)

Home occupations include, but are not limited to, the following:

(1)

Telephone and office use:

a.

Applicant's business activities at the residence shall be confined to home office consisting of a personal computer, fax machine, phone, or any other accessory office equipment typically used to establish a home office;

b.

No employee or jobbers shall meet or congregate at the applicant's residence;

(2)

Artists, sculptors, authors, or composers;

(3)

Dressmakers, seamstresses, or tailors;

(4)

Home crafts, such as model making, rug weaving, and lapidary work;

(5)

Office facility for a minister, rabbi, or priest;

(6)

Office facility for a salesperson, sales representative, or manufacturer's representative, provided that no retail or wholesale transactions are made on the premises;

(7)

Tutors and musical instructors;

(8)

Professional offices provided no clients, customers or business activities occur on the premises, so as to violate sections 94-141 and 94-142 standards; and

(9)

Any other occupation that the commission finds compatible with the purposes and intent of this section.

(Ord. No. 20-2008, 12-8-08)

Home occupations allowed shall not, in any event, be deemed to include the following:

(1)

Funeral chapels or funeral homes;

(2)

Nursery schools, kindergartens, day care homes, or centers;

(3)

Private clubs;

(4)

Restaurants;

(5)

Tourist homes;

(6)

Stables or kennels;

(7)

Auto repair or similar establishments; or

(8)

Any other occupation that the planning commission finds incompatible with the purposes and intent of this section. Any occupational activities that promulgate or include lewd, illicit, lascivious, illegal, and iniquitous behavior shall not be allowed.

(Ord. No. 20-2008, 12-8-08)

An occupation tax permit for home occupations shall expire:

(1)

Whenever the applicant ceases to occupy the premises for which the home occupation permit was issued. No subsequent occupant shall engage in any home occupation until proper application has been made, and a new permit issued.

(2)

Whenever the holder of such permit fails to carry on the occupation for which the permit was issued for any continuous period of 90 days.

(Ord. No. 20-2008, 12-8-08)

If the planning commission finds that a home occupation is being conducted in violation of this or any other provision of these regulations, then such permit may be suspended or rendered void, provided that a regular hearing shall be conducted prior to any action to suspend, modify or revoke the permit.

(Ord. No. 20-2008, 12-8-08)

(a)

Parking spaces for all dwellings shall be located on the same lot with the main building.

(b)

Parking spaces for other uses shall be provided on the same lot or not more than 300 feet distance, measured along the nearest pedestrian walkway.

(c)

Parking requirements for two or more uses of the same or different types may be satisfied by the allocation of the required number of spaces for each use in a common parking facility provided the total number of spaces is not less than the sum of the individual requirements and that the requirements of location are complied with.

(d)

Areas reserved for off-street parking or loading shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, or unless equivalent parking or loading is provided on another approved site or parking structure to the satisfaction of the planning commission.

(e)

Lighting facilities shall be arranged so that light is reflected away from adjacent properties.

(f)

Along lot lines of a parking area which abut a residential district, a dense planting of trees and shrubs shall be established on a strip of land not less than ten feet in width adjacent to the districts, and such planting shall not be less than six feet in height and a substantial bumper rail of wood, metal, or concrete shall be installed on the inside of the planting strip except where topography or other conditions would make the bumper rail unnecessary or impractical.

(Ord. No. 20-2008, 12-8-08)

All off-street parking, loading, and service areas shall be constructed of concrete or asphalt. All such areas shall be at all times maintained, at the expense of the owners thereof, in a clean, orderly, and dust-free condition. Construction of parking areas should accommodate drainage so that water runoff does not accumulate on adjacent properties.

(Ord. No. 20-2008, 12-8-08)

All off-street parking, loading, and service areas shall be separated from walkways, sidewalks, and streets by curbing or other suitable protective devices. Curbing and other protection devices must be set back a minimum of three feet to prevent vehicle overhang.

(Ord. No. 20-2008, 12-8-08)

Parking spaces shall have a minimum width of nine feet and a length of 18 feet. There shall be provided adequate interior driveways to connect each parking space with a public right-of-way. Interior driveways shall be at least 24 feet wide where used with 90-degree angle parking, at least 18 feet wide where used with 60-degree angle parking, at least 13 feet wide where used with 45-degree parking, and at least 12 feet wide where used with parallel parking. If there is no parking, interior driveways shall be at least ten feet wide for one-way traffic movement and at least 20 feet wide for two-way traffic movement. The city building inspector shall, based upon surrounding uses, drainage, topography, and any other special conditions related to the site, ultimately approve all parking area designs.

(Ord. No. 20-2008, 12-8-08)

Each off-street parking space shall be clearly marked, and pavement directional arrows or signs shall be provided in each travel way wherever necessary. Markers, directional arrows and signs shall be properly maintained so as to ensure their maximum efficiency.

(Ord. No. 20-2008, 12-8-08)

No sign, whether permanent or temporary, shall be placed within the public right-of-way. Signs and planting strips shall be arranged so that they do not obstruct visibility for drivers or pedestrians.

(Ord. No. 20-2008, 12-8-08)

(See buffer zone, landscaping and greenspace requirements in sections 94-141 and 94-142.)

(Ord. No. 20-2008, 12-8-08)

At the time of erection of any principal building or structure, or at any time any principal building or structure is enlarged or increased in capacity by adding dwelling units, guestrooms, floor space or seats, there shall be provided minimum off-street parking space with adequate means of ingress and egress from a public street or alley by an automobile of standard size, in:

(Ord. No. 20-2008, 12-8-08)

On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage, warehouse, truck freight terminal, goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt or distribution of vehicles, materials, or merchandise, there shall be provided and maintained on the lot an adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets and alleys.

(1)

Such loading and unloading space, unless otherwise adequately provided for, shall be an area 12 feet by 50 feet, with a 15-foot height clearance, and shall be provided according to the following schedule.

(2)

Off-street loading spaces shall be provided as appropriate to the functions and scope of operation of individual or groups of buildings and uses.

(3)

Off-street loading spaces shall be designed and constructed so that all maneuvering to park and unpark is within the property lines of the premises. Loading spaces shall be provided so as not to interfere with the free, normal movement of vehicles and pedestrians on public rights-of-way.

(Ord. No. 20-2008, 12-8-08)

(a)

Commercial vehicles which require commercial driver's licenses and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential district except in accordance with the following requirements:

(1)

A commercial vehicle shall be of a size no greater than six tons in gross vehicle weight.

(2)

Travel trailers, hauling trailers, or boat trailers shall be permitted if parked or stored in the side or rear yards; and/or in the driveway area, for single-family homes but shall not be parked or stored on vacant lots.

(3)

A travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area, except in a travel trailer park authorized under this chapter.

(b)

Nothing contained herein shall prevent more stringent storage and/or parking requirements by ordinance, restrictive covenants or other measures.

(Ord. No. 20-2008, 12-8-08)