(a)

It is the intent of this chapter to recognize that the elimination of existing buildings and structures or uses that are not in conformity with the provisions of this chapter is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this chapter. It is also the intent of this chapter to administer the elimination of nonconforming uses, buildings, and structures as to avoid any unreasonable invasion of established private property rights.

(b)

Therefore, any structure or use of land existing at the time of the enactment of the ordinance from which this chapter is derived, and amendments thereto, but not in conformity with its use regulations and provisions, may be continued subject to the following provisions:

(1)

Unsafe structures. Any structure or portion thereof declared unsafe by the zoning enforcement officer may be restored to a safe condition, provided the requirements in this section are met.

(2)

Alterations. Any change in a nonconforming building, use, or building site or yard area is subject to the following:

a.

No nonconforming building can be structurally altered, except as follows:

1.

Repairs on or the installation of plumbing fixtures as required by law;

2.

The changing of interior partitions; and

3.

Interior remodeling.

b.

No nonconforming building or lands, except those residential dwellings needing repairs on or installation of plumbing fixtures as required by law, can be substantially added to, moved, or extended in any manner unless such building or land is changed so as to conform with the provisions of this chapter.

c.

Whenever an existing residential dwelling must make repairs on or installation of plumbing fixtures which will force the location of the future addition of the dwelling nearer the lot line than the requirements set forth in this chapter, the addition to the dwelling shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of the dwelling.

d.

Should a nonconforming building be moved, all nonconforming yard areas shall be eliminated.

(3)

Extension. A nonconforming use of land shall be restricted to the lot occupied by such use as of the effective date of the ordinance from which this chapter is derived. A nonconforming use of a building or buildings shall not be extended to include either additional buildings or land after the effective date of the ordinance from which this chapter is derived.

(4)

Restoration of damaged buildings. A nonconforming building, structure or improvement which is hereafter damaged or destroyed to an extent exceeding 50 percent of the reasonable estimated replacement cost of the structure, building or improvement may not be reconstructed or restored to the same nonconforming use except upon approval of the board of zoning appeals.

(5)

Change in use. A nonconforming use which is changed to a conforming use shall not be permitted to revert to the original or a less restrictive use.

(6)

Discontinuance. A nonconforming use which became such as a result of the adoption of the ordinance from which this chapter is derived or by virtue of the annexation of the said property into the city and which has been discontinued for a continuous period of two years shall not be reestablished and any future use shall be in conformity with the provisions of this chapter.

(Code 1992, app. A, § 61)

Off-street automobile storage of parking space shall be provided on every lot on which any permitted or conditional use is established in accordance with this chapter.

(1)

General requirements. For the purpose of this chapter the following general requirements are specified:

a.

The term "off-street parking space" means a space at least nine feet wide and 20 feet in length with a minimum net area of 180 square feet, excluding area for egress and ingress and maneuverability of vehicles.

b.

If an off-street parking space cannot be reasonably provided on the same lot on which the principal use is conducted, the board of zoning appeals may permit such space to be provided on other off-street property, provided such space lies within 600 feet of the property line of such principal use. Such vehicle parking space shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

c.

The required number of parking spaces for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that portion of the parking space required for existing church whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at nights or on Sundays.

d.

Area reserved for off-street parking in accordance with the requirements of this chapter shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking space is provided to the satisfaction of the board of zoning appeals.

e.

Off-street parking existing at the effective date of the ordinance from which this chapter is derived in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.

(2)

Parking space requirements for all districts. Off-street automobile storage or parking space shall be provided with vehicular access to a street or alley, and shall be equal in or to at least the minimum requirements for the specific land use set forth.

(3)

Site requirements. All off-street parking shall be laid out, constructed, in accordance with the following requirements, except in residential areas. The plans shall indicate that:

a.

All such parking areas shall be hard surfaces surfaced with concrete or plant bituminous material and shall be maintained in a dustproof condition and that a good stand of grass be maintained on the remainder of the lot.

b.

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

c.

The parking lot shall be adequately drained.

d.

Along those lot lines of the parking area which abut residential districts, a dense planting of trees and shrubs shall be established on a strip of land not less than eight feet in width adjacent to the districts and provided that such planting be not 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.

e.

A raised curb of at least six inches shall be erected along all of the property lines, except for driveway openings, and those lot lines abutting residential districts where the requirements in subsection (3)d of this section shall prevail.

f.

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.

(Code 1992, app. A, § 62)

Off-street loading and unloading spaces shall be provided as hereinafter required as follows:

(1)

Size of off-street loading spaces. Each off-street loading space shall have minimum dimensions of 14 feet in height, 12 feet in width, and 55 feet in length. However, upon sufficient demonstration that a particular loading space will be used exclusively by shorter trucks, the board of zoning appeals may reduce the minimum length accordingly to as little as 35 feet.

(2)

Connection to street or alley. Each required off-street loading space shall have direct access to a street or alley or have a driveway which offers satisfactory ingress and egress for trucks.

(3)

Floor area over 10,000 square feet. There shall be provided for each hospital, institution, hotel, commercial or industrial building or similar use requiring the receipt or distribution of materials or merchandise, and having a floor area of more than 10,000 square feet, at least one off-street loading space for each 10,000 square feet of floor space or fraction thereof. Such space shall be so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

(4)

Floor area less than 10,000 square feet. There shall be provided for each commercial or industrial building requiring the receipt or distribution of materials or merchandise and having a floor area of less than 10,000 square feet, sufficient off-street loading space (not necessarily a full space if shared by an adjacent establishment) so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

(5)

Bus and trucking terminals. There shall be provided sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded at the terminal at any one time.

(6)

Location of off-street loading spaces. All required off-street loading spaces shall be located on the same lot as the building which they are intended to serve, or on an adjacent lot when shared with the use occupying said adjacent lot.

(7)

Permanent reservation. Area reserved for off-street loading in accordance with the requirements of this chapter shall not be reduced in area or changed to any other use unless the permitted use which is served is discontinued or modified, except where equivalent loading space is provided and approved by the board of zoning appeals.

(Code 1992, app. A, § 63)

The requirements for controlling curb cuts and maintaining vision clearance shall be as follows:

(1)

Curb cuts. No curb cut shall exceed 50 feet in length, nor shall curb cuts be closer than 20 feet to other curb cuts or closer than 20 feet to an intersection of two streets measured along the curbline.

(2)

Vision clearance. In all use districts no fence, wall, shrubbery, sign, marquee or other obstruction to vision between the heights of 2½ and ten feet from the ground level shall be permitted within 20 feet of the intersection of the right-of-way lines of two streets or railroad lines, or of a street intersection with a railroad line.

(Code 1992, app. A, § 64)

All streets in the city are hereby divided into eight classes as shown on the official street map adopted by the council and on record in the office of the city clerk:

(1)

Freeways. Freeways are those streets which are used primarily for fast or heavy through traffic; and which are divided with full control of access and with no crossings at grade.

(2)

Expressways. Expressways are those highways or streets which are used primarily for fast or heavy through traffic; and which are divided with full or partial control of access and generally with grade separations at intersections.

(3)

Arterial streets and highways. Arterial streets and highways are those which are used primarily for fast or heavy through traffic.

(4)

Collector streets. Collector streets are those which carry traffic from minor streets to the major system of freeways, expressways, and arterial streets and highways.

(5)

Minor or local residential streets. Minor or local residential streets including cul-de-sacs, are those which are used primarily for access to the abutting properties.

(6)

Minor or local commercial and industrial streets. Minor or local commercial and industrial streets are those which are primarily for access to the abutting commercial and industrial properties.

(7)

Alleys. Alleys are those which are used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

(8)

Marginal access streets or frontage roads. Marginal access streets or frontage roads are minor streets which are parallel and adjacent to freeways, expressways, or arterial streets and highways; and which provide access to abutting properties and protection from through traffic.

(Code 1992, app. A, § 65)

Commercial vehicles and trailers of all types, including travel, motor homes, 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)

No more than one commercial vehicle per dwelling shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted.

(2)

Travel trailers, motor homes, hauling trailers, or boat trailers shall be permitted if parked or stored behind the front yard building line.

(3)

A travel trailer or motor home shall not be occupied either temporarily or permanently while it is parked or stored in any area except in a travel trailer park or motor home park authorized under this chapter. However, a motor home may be parked in the driveway of a residence or behind the front yard building line for a period of time not to exceed an aggregate of ten days wherein a person occupies the motor home for any period of time during the ten days.

(Code 1992, app. A, § 66; Ord. No. 2003-6, 4-1-2003)

(a)

In any commercial or industrial district, any operation not conducted within a building, such as drive-in businesses, outdoor recreation, outdoor storage of materials, and outdoor servicing activities within 1,500 feet of a residential district, shall be enclosed by a wall or fence of solid appearance not less than six nor more than ten feet in height to conceal such areas or facilities from the residential district adjoining or facing across a street, in the rear or on the side of the operation. This requirement shall become effective for all new operations in commercial or industrial districts commencing on May 1, 1994. Any operation now being conducted in a commercial or industrial district outside a building is exempt from the fence requirement until such time as the operation ceases to exist. At that time, any new operation at the same location will be required to have a fence.

(b)

Outdoor lighting of all types shall be directed so as to reflect away from all residential dwellings, and shall be so situated as not to reflect directly into any public rights-of-way.

(Code 1992, app. A, § 67; Ord. No. 92-10, 12-1-1992; Ord. No. 94-6, 5-2-1994)

The following minimum distances between buildings shall be required unless otherwise specified within this chapter:

(1)

The minimum distance between main buildings located on the same lot or parcel shall be:

a.

Front to front arrangement: 40 feet.

b.

Front to rear arrangement: 50 feet.

c.

Rear to rear arrangement: 30 feet.

d.

Side to side arrangement: 20 feet.

e.

All other combinations: 20 feet.

(2)

There shall be a distance of not less than 20 feet between a main and accessory building located on the same lot or parcel.

(Code 1992, app. A, § 68)