04 - GENERAL PROVISIONS
Sections:
The ordinance codified in this chapter shall be known as the "zoning ordinance" of the city.
(Ord. 243 §1, 1965)
The several purposes of this chapter are to encourage the most appropriate use of land, to conserve and stabilize the value of property, to aid in the rendering of fire and police protection, to provide adequate open space for light and air, to lessen congestion on streets, to provide orderly growth and expansion for the city, and in general to promote the public health, safety and general welfare.
(Ord. 243 §2, 1965)
The following words and phrases, unless the context otherwise requires, means:
"Accessory structure or use" means a structure or use incidental or subordinate to the principal use of a lot.
"Apartment house" means a building containing three or more dwelling units.
"Boarding, lodging or rooming house" means a building where lodging with or without meals is provided for compensation for not less than five nor more than twenty persons.
"Dwelling, duplex" means a building containing two dwelling units.
"Dwelling unit" means one or more rooms designed for occupancy by one family and having not more than one cooking facility.
"Family" means two or more persons living together in a dwelling unit.
"Garage, private" means an accessory building or portion of a main building used for the parking or temporary storage of not to exceed three automobiles owned or used by the occupants of the main building.
"Garage, public" means a building other than a private garage where motor vehicles are repaired or stored.
"Hotel" means a building in which lodging is provided for guests for compensation and in which no provision is made for cooking in the rooms.
"Nonconforming building or use" means a building or use which was lawful at the time of passage of the ordinance codified in this chapter but which does not conform to the requirements of this chapter.
"Public building" means any building owned, used or occupied by any governmental body.
"Trailer" means any portable structure or vehicle constructed and designed to permit human occupancy for dwelling or sleeping purposes.
(Ord. 243 §4, 1965)
A lot may be used and a structure or part of a structure may be constructed, reconstructed, altered, occupied or used thereon only as this title permits.
(Ord. 329 §2(part), 1972)
A.
Where the use of any building, structure, or premises is subject to local option approval, the person requesting such use shall submit to the city recorder an application which shall contain the following information:
1.
Description of the building or property;
2.
Use or occupancy proposed;
3.
A list of all properties located within a radius of two hundred feet of the property involved, together with the description of such properties as set forth on the most recent tax roll; and
4.
The names and addresses of the owners of said properties.
B.
The city recorder shall notify the owners of said properties of such request, and if, within twenty days after sending such notice, the owners of more than fifty percent of such property, according to area, protest against such use, the application shall be denied and such use shall not be lawful. If no protest is made, or if the protest is made by owners of less than fifty percent in area of the property, the application shall be acted upon by the council, which may grant or deny the request as it sees fit.
(Ord. 243 §10, 1965)
When any person, or party, desires a change of area from one district to another, he shall file with the city recorder a declaration of intention to apply for a change of district of the described property. Upon receipt of said declaration, the city recorder shall cause to be conspicuously posted at each of the street intersections of any and all blocks affected, a notice headed "notice to change zone," in type not less than one inch in height, briefly describing the proposed change of district and property affected, and that petitions, granting written approval of the change, are to be circulated on a date not less than five days after the posting of the notices. After five days have elapsed from the time of posting of said notices, and not later than thirty days thereafter, signatures may be secured to the petitions. The owners of property in the block or blocks in which a change of zone is proposed shall be considered as being qualified petitioners. If more than fifty percent in area of the property in the block or blocks covered by the petition are shown by the signatures to be favorable to the change, the petition shall be considered by the council, which shall hold a public hearing, notice of which shall be given by posting in five public places within the city. If at said public hearing a majority of those present favor such change in zone, such change may be allowed by the council or the council may order that the matter placed on the ballot at the next regular election to be held in said city. For purposes of changing the boundaries of a district the council may, at any time, act on its own initiative.
(Ord. 243 §11, 1965)
It shall be the duty of the common council or its designated agent to enforce this title.
(Ord. 357 §2, 1974: Ord. 243 §12, 1965)
Any person, firm or corporation who violates the provisions of this title shall be guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this title is committed, continued or permitted.
(Ord. 475 §2(part), 1993; Ord. 243 §15, 1965)