The respective uses permitted in each zone shall be deemed to include the off-street parking of automobiles accessory or incidental to any use permitted within such zone, and the foregoing regulations pertaining to the several zones shall be subject to the general provisions conditions and exceptions contained in this chapter.

(Code 1998, § 20-1501)

Except as provided in this chapter, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is specifically permitted in the same zone in which such building or land is located.

(Code 1998, § 20-1502)

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this ordinance, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth herein and no logical changes in processing of materials, it shall be the duty of the planning commission to ascertain all pertinent facts and by resolution set forth its findings and its interpretations, and such resolution shall be forwarded to the city council and, if approved by the city council, thereafter such interpretation shall govern.

(Code 1998, § 20-1503)

In order to assure that the purpose and provisions of a formally adopted precise plan of record shall be conformed to, the land reclassified within any precise plan shall be limited exclusively to such uses as are first permitted in the zone to which it is classified. Uses shown on such precise plan, even though such use, or uses, are not otherwise specifically classified by this ordinance as permissible in any given zone.

(Code 1998, § 20-1504)

The provisions of this ordinance shall not be construed to limit or interfere with the installation, maintenance and operation of pipe lines for the transmission or distribution of water, gas or other public utilities, or electric or telephone transmission lines, or railroads, upon property or within rights-of-way, easements, or franchises authorized and available for such purpose.

(Code 1998, § 20-1505)

A temporary real estate office may be located on any new subdivision in any zone, provided that such office, if in any "R" zone, shall be removed at the end of a 12-month period measured from the date of the recording of the map of the subdivision upon which said office is located.

(Code 1998, § 20-1506)

Two temporary real estate billboards, not to exceed 50 square feet in area per face, or one billboard not to exceed an area of 100 square feet per face may be located on any new subdivision in any zone, provided such billboards, if in any "R" zone, shall be removed at the end of a 12-month period measured form the date of the recording of the map of the subdivision upon which said billboard or billboards are located.

(Code 1998, § 20-1507)

Temporary structures for the housing of tools and equipment, or containing supervisory offices in connection with major construction of major construction projects may be established and maintained during the progress of such construction of such project, and shall be abated within 60 days after completion of [or] 60 days after cessation of work.

(Code 1998, § 20-1508)

Every building, or portion of building hereafter erected shall be provided with permanently maintained a parking space as provided in this chapter and such parking space shall be made permanently available and be permanently maintained for parking purposes, provided, however, that any alterations or additions providing less than 200 square feet of additional floor space shall be exempted from this requirement.

(Code 1998, § 20-1509)

The number of off-street parking spaces required shall be no less than as set forth in the following:

(Code 1998, § 20-1510)

Where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the planning commission in the manner set forth in section 1201.2 [this chapter] and such determination shall be based upon the requirements for the most comparable use specified herein.

(Code 1998, § 20-1511)

The planning commission may, by resolution, waive or modify the provisions as herein set forth establishing required parking areas for uses such as electrical power generating plants, electrical transformer stations, utility or corporation storage yards or other uses of a similar or like nature requiring a very limited number of persons.

(Code 1998, § 20-1512)

The provision of off-street parking is not required for the establishment of any new use in the C-2 district south of 4th Street.

(Code 1998, § 20-1513)

The following general requirements shall apply:

1.

Size and access. Each off-street parking space shall have an area of not less than 180 sq. ft. exclusive of drivers or aisles, and a width of not less than nine feet. Each such space shall be provided with adequate ingress and egress. When the required parking space for a one, two, or multiple family structure in any "R" zone is not to be provided in a covered garage, each such required car space shall be not less than 200 sq. ft. in area.

2.

Location. Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve.

a.

For one, two, or multiple-family dwellings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve;

b.

For hospitals, sanitariums, homes for the aged, asylums, orphanages, rooming houses, lodging houses, club rooms, fraternity and sorority houses not more than 150 ft. from the buildings they are required to serve; and

c.

For uses other than those specified above, not over 300 ft. from the building they are required to serve, except as provided in section 20-1201 [this chapter].

3.

Mixed occupancies in a building. In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as hereinafter specified for joint use.

4.

Joint use. The planning commission may, upon application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses or activities under the conditions specified herein:

a.

Up to 50 percent of the parking facilities required by this chapter for a use considered to be primarily a day time use may be provided by the parking facilities of a use considered to be primarily a nighttime and/or Sunday use. Up to 50 percent of the parking facilities required by this chapter for a use considered to be primarily a nighttime and/or Sunday use may be provided by the parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to conditions set forth in paragraph d. below.

b.

Up to 100 percent of the parking facilities required by this chapter for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to conditions set forth in paragraph d. below.

c.

The following uses are typical daytime uses; banks, business offices, retail stores, personal service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical of nighttime and/or Sunday uses; auditoriums incidental to a public or parochial school, churches, and theaters.

d.

Conditions required for joint use:

1.

The building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building or use, shall be located within 150 ft. of such parking facility.

2.

The applicant shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of off-street parking facilities is proposed.

3.

Parties concerned in the joint use of off-street parking facilities shall evidence agreement for such joint use by a proper legal instrument approved by the city attorney as to form and content. Such instrument, when approved as conforming to the provisions of this ordinance, shall be recorded in the office of the county recorder and copies thereof filed with the city clerk's office and the planning commission.

4.

Common facilities: Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the planning commission as to size, shape, and relationship to business sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately. When any such common facility is to occupy a site of 5,000 sq. ft. or more, then the parking requirements [which] are specified herein for two or more participating buildings or uses may be reduced not more than 15 percent upon approval of development plans by the planning commission in the manner prescribed for a conditional use permit as set forth in article XVII [XX].

5.

Plans: The plan of the proposed parking area shall be submitted to the building department at the time of the application for the building permit for the building to which the parking area is accessory. The plans shall clearly indicate the proposed development, including location, size, shape, design, curb cuts, lighting, landscaping and other features and appurtenances of the proposed parking lot.

All parking areas shall be subject to the same restrictions governing accessory buildings as defined in the zone in which said parking area is located.

(Code 1998, § 20-1514)

Every lot used as a public or private parking area and having a capacity of five or more vehicles shall be developed and maintained in the following manner:

1.

Surfacing. Off-street parking areas shall be paved or otherwise surfaced and maintained so as to eliminate dust or mud and shall be so graded and drained as to dispose of all surface water. In no case shall such drainage be allowed across sidewalks

2.

Border barricades, screening and landscaping:

a.

Every parking area that is not separated by fence from any street or alley property line upon which it abuts, shall be provided with a suitable concrete curb or timber barrier not less than six inches in height; located not less than three feet from such street or alley property lines and such curb and barrier shall be securely installed and maintained; provided no such curb or barrier shall be required across any driveway or entrance to such parking area.

b.

Every parking area abutting property located in one of the "R" zones shall be separated from such property by a solid wall, view-obscuring fence or compact evergreen hedge six feet in height measured from the grade of the finished surface of such parking lot closest to the contiguous "R" zone property, provided that along the required front yard the fence, wall or hedge shall not exceed 30 inches in height. No such wall, fence or hedge need be provided where the elevation of that portion of the parking area immediately adjacent to an "R" zone is six feet or more below the elevation of such "R" zone property along the common property line.

c.

Any lights provided to illuminate any public parking area, semipublic parking area or used car sales [as] are permitted by this ordinance shall be so arranged as to reflect the light away from any premises upon which a dwelling is located.

3.

Entrances and exits. The location and design of all entrances and exits shall be subject to the approval of the planning commission provided no entrance or exit other than on or from an alley shall be closer than five feet to any lot located in an "R" zone.

(Code 1998, § 20-1515)

Off-street parking facilities may be permitted in any of the "R" zones subject to the following conditions:

1.

No parking lot to be used as an accessory to a commercial or industrial establishment shall be established until it shall first have been reviewed by the planning commission and its location approved by a conditional use permit. Such approval may be conditioned upon the commission's requiring the planting and/or maintenance of trees, shrubs or other landscaping within and along the borders of such parking area.

2.

Such a parking lot to be used as an accessory to a permitted commercial or industrial establishment shall be so located that the boundary of such parking lot abuts the commercial or industrial establishment to which it is accessory.

3.

Such parking lot shall be used solely for the parking of private passenger vehicles.

4.

No sign of any kind, other than one designating entrances, exits or conditions of use, shall be maintained on such parking lot. Any such sign shall not exceed eight sq. ft. in area.

(Code 1998, § 20-1516)

Home occupations including any profession, vocation, business, trade, and personal services may be conducted in any residential district. Home occupations, with the exception of commercial stables or kennels and any occupation which customarily requires the use of a panel or delivery truck, may be conducted in a residential district only after approval of the city council which shall hold a public hearing as set forth in chapter 21 [20-2003] of this ordinance. The city council may then deny or grant approval of such home occupation in accordance with such regulations as the city council may determine to be in the public interest and also in accordance with the Zoning Regulations. The following rules apply to all home occupations.

1.

The home occupation shall be conducted within the principal building and only by members of the family residing in the building. No more than one person who is not a resident of the premises shall be employed.

2.

No more than 20 percent of the gross floor area of any dwelling unit may be used for a home occupation, except for medical and dental offices and foster family care, which may use up to 40 percent.

3.

For the purpose of identification of such use, one non-illuminated wall sign not exceeding one square foot in area may be permitted. Such signs shall identify only the name of the professional and the name of the occupant of the premises and shall be mounted against a wall of the principal building.

4.

No motor power other than electrically operated motors shall be used in conjunction with such home occupation and the total horsepower of such permitted electrical motors shall not exceed three horsepower.

5.

There shall be no alteration internally or externally of the premises in connection with such home occupation unless so authorized by the city council.

6.

No merchandise or articles for sale shall be displayed for advertising purposes and no sign or device relative to the sale of such merchandise shall be displayed on the premises.

7.

No article or materials used in connection with such home occupation shall be stored other than in the principal building so used.

8.

Any home occupation as provided for in this section may be reviewed by the city council at any time after 12 months following the approval of such use and may revoke permission to continue such home occupation at any time thereafter.

9.

There shall be no disturbance or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition.

(Code 1998, § 20-1517)