Certain words in this zoning ordinance are defined for the purposes hereof as follows.

(Ord. 5531, passed 2-11-1964)

   Words in the present tense include the future. The singular number includes the plural and the plural includes the singular.

(Ord. 4761, passed 11-17-1953)

   ACCESSORY USE OR BUILDING . A use or building customarily incident to and located on the same lot with another use or building.

(Ord. 4761, passed 11-17-1953)

   AGED PERSON. A person who has attained the age of 65 years or more.

   INFIRM PERSON. A person, who, by reason of his or her age or through a physical or mental defect or for any other reason, is unable to perform the necessary act or acts usually performed by a normal person in full possession of his or her mental or physical faculties, or one who by reason of physical or mental defects or ailments is unable to perform such act or acts as may be necessary for the preservation of his or her life or person in an emergency.

(Ord. 5531, passed 2-11-1964)

   APARTMENT HOUSE . A building containing three or more dwelling units, or two or more dwelling units above the first or ground floor, or one or more dwelling units if the building contains a use other than a dwelling use. For the purpose of applying this definition, any building which is being operated as a rooming house pursuant to a valid city license shall not be classed as an APARTMENT HOUSE. The words MULTIPLE DWELLING, TENEMENT HOUSE and APARTMENT HOUSE are synonymous.

(Ord. 5531, passed 2-11-1964)

   COURT. An unoccupied space, open to the sky, bounded on two or more sides by the walls of the building. An inner court is a COURT entirely within the exterior walls of a building. All other courts are outer courts.

(Ord. 4761, passed 11-17-1953)

   DOUBLE HOUSE. A detached dwelling arranged, intended or designed to be occupied by only two families living side by side with a party wall between.

(Ord. 4761, passed 11-17-1953)

   DRIVE-IN RESTAURANT. A lunch room, restaurant or a place for the sale and consumption of soft drinks, juices, ice cream, food and beverages of all kinds where any or all of the customers are served in automobiles parked on the street or on the premises.

(Ord. 4906, passed 12-27-1955)

   DWELLING. A building intended or designed to be occupied by not more than two families living separately and independently of each other.

   DWELLING UNIT. A group of rooms arranged, maintained or designed to be occupied by a single family and shall consist of a complete bathroom with toilet, lavatory and tub or shower facilities; one, and only one, complete kitchen or kitchenette with approved cooking, refrigeration and sink facilities, and approved living and sleeping facilities, all of which are used exclusively by such family and by any authorized persons occupying such dwelling unit with the family. Where the required facilities for a dwelling unit are not contiguous, the Building Inspector shall determine whether such facilities constitute a DWELLING UNIT. The words DWELLING UNIT, APARTMENT and SUITE shall be considered synonymous.

   SINGLE-FAMILY DWELLING. A detached dwelling arranged, intended or designed to be occupied by only one family.

   TWO-FAMILY DWELLING. A detached dwelling arranged, intended or designed to be occupied by only two families, one of which has its principal living rooms on the first floor and the other on the second floor.

(Ord. 4761, passed 11-17-1953; Ord. 5531, passed 2-11-1964)

   EMPLOYEES or NUMBER OF EMPLOYEES. The greatest number of persons employed in a building at any time of the day or night during any season of the year.

(Ord. 4761, passed 11-17-1953)

   FAMILY. One individual or a number of individuals related by blood, adoption or marriage to the head of the household or to the spouse of the head of the household living, sleeping, cooking and eating together as a single housekeeping unit in a single dwelling unit, except that a family may include not more than two additional persons not related within the scope of the foregoing definition of FAMILY, whether or not otherwise related to the head of the household or to the spouse of the head of the household, provided that:

   (a)   Such “additional” persons shall be at least 18 years of age; or

   (b)   If such “additional” persons are less than 18 years of age, such person must be:

      (1)   Foster children placed with the head of the household, or with the spouse of the head of the household. FOSTER CHILD means a person under 18 years of age who is placed in a dwelling unit by an institution or agency, licensed or approved by an appropriate state-regulating agency to place foster children;

      (2)   Children for whom a FAMILY member has been appointed legal guardian by a court of competent jurisdiction; or

      (3)   Not more than one “additional” person under 18 years of age who is the child or ward of an “additional” person over 18 years of age. In order for a person under 18 years of age to be considered the ward of another, such other person must have been appointed legal guardian by a court of competent jurisdiction.

   The HEAD OF THE HOUSEHOLD shall be that person who customarily furnishes the greatest percentage of financial support to the maintenance of the family. Notwithstanding the provisions of this definition, no family unit shall exceed in total number those persons permitted under the applicable provisions of the Housing Code describing required habitable floor and bedroom areas for each occupant.

(Ord. 24-91, passed 3-5-1991)

   FLOOR AREA or GROSS FLOOR AREA. The gross floor area used or intended to be used for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include floors or parts of floors used principally for nonpublic purposes, such as storage, incidental repairs, processing or packaging of merchandise, show windows or offices incidental to the management or maintenance of stores or buildings. It shall not include floors or parts of floors used principally for toilet or rest rooms, fitting rooms, dressing rooms and alteration rooms.

(Ord. 4761, passed 11-17-1953)

   ESTABLISHED GRADE. The elevation of the centerline of the street as fixed by the city.

   FINISHED GRADE. The average of the finished ground level at the center of all outside walls of a building.

   NATURAL GRADE. The elevation of the undisturbed natural surface of the ground adjoining the building.

(Ord. 4761, passed 11-17-1953)

   HEIGHT OF A BUILDING OR STRUCTURE. The vertical distance measured from the finished grade at the centerline of its principal front to the level of the highest point of the building, including appurtenances.

(Ord. 4761, passed 11-17-1953)

   HOTEL. A building originally designed for hotel purposes and meeting all requirements of state and city laws, rules and regulations, in which all or a part thereof is occupied, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests and in which five or more rooms are used for the accommodation of such guests. For the purposes of this zoning ordinance, the word HOTEL includes motels and motor courts meeting these requirements.

(Ord. 5531, passed 2-11-1964)

   LEAST YARD DIMENSION. The least of the horizontal dimensions of such yard. If two opposite sides of a yard are not parallel, the horizontal dimensions between them shall be deemed to be the mean distance between them.

(Ord. 4761, passed 11-17-1953)

   LOT. A parcel of land occupied by one main building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this zoning ordinance and such open spaces as are arranged and designed to be used in connection with such building. The word LOT includes the word PLOT .

(Ord. 4761, passed 11-17-1953)

   MAJOR REPAIRS, SUBSTANTIAL ALTERATIONS OR EXTENSIONS. Construction activities exceeding in aggregate cost 20% of the assessed value of the building or structure.

(Ord. 4900, passed 12-13-1955)

   METAL BUILDING. A building of which the walls or parts thereof or roof consist of metal.

(Ord. 4761, passed 11-17-1953)

   NIGHT CLUB. A place habitually operated for profit after the hour of midnight, where food is served for consumption on the premises and one or more forms of amusement are provided or permitted for a consideration which may be in the form of a cover charge or may be included in the price of the food and beverages, or both, purchased by the patrons thereof.

(Ord. 5164, passed 1-27-1959)

   NONCONFORMING USE, HEIGHT, AREA, BUILDING SETBACK, BUILDING OR STRUCTURE. One that does not conform with the regulations of this zoning ordinance and which lawfully existed at the time this zoning ordinance became effective.

(Ord. 4761, passed 11-17-1953)

   NONMASONRY BUILDING. A building having exterior wall construction or exterior covering of materials other than masonry or concrete.

(Ord. 4761, passed 11-17-1953)

   OFF-STREET LOADING SPACE. A space not less than ten feet in width, 14 feet in height and 45 feet in length, exclusive of access aisles and maneuvering space for the standing, loading and unloading of vehicles.

(Ord. 4761, passed 11-17-1953)

   OFF-STREET PARKING SPACE OR STALL. An area for the parking of an automobile, exclusive of adequate access drives or adequate aisles.

   OFF-STREET PARKING AISLE. A lane, not within the limits of a dedicated street, designed to provide vehicle access to parking stalls.

   OFF-STREET PARKING AREA. Includes parking spaces or stalls, aisles, access drives and any other space, not within the limits of a dedicated street, needed for a parking operation.

(Ord. 5185, passed 6-30-1959)

   PRIVATE SWIMMING POOL. A swimming pool maintained by an individual primarily for the sole use of his or her household and guests. A PRIVATE SWIMMING POOL. shall not include swimming pools operated for the purpose of profit or in connection with any business operated for profit; pools for the use of members and their guests of a nonprofit club or organization; pools used by house residents of a two-family residence, multiple dwelling unit, apartment district, block, subdivision, neighborhood, community or other specified area of residence, nor pools where the owner or any member of his or her household accepts money or other things of value from neighbors, guests or other users of the pool to assist in defraying the cost of construction, maintenance or operations of such pool.

(Ord. 5094, passed 3-11-1958)

   ROOMER. A person, other than a member of the family of a resident owner or of the family of a tenant, who rents one or more rooms, not constituting a complete dwelling unit, as a habitation in a dwelling or apartment house from such owner or tenant, except that all persons who occupy a dwelling unit on the third floor or any building originally constituting a dwelling shall be classed as roomers.

(Ord. 5531, passed 2-11-1964)

   ROOMING HOUSE.

   (a)   Any building or part of any building, other than a hotel, occupied in such a manner that certain rooms are leased or rented to a roomer or roomers, as herein defined, by an owner or tenant under the following conditions:

      (1)   A building in which rooms are rented to one or more roomers by an owner or tenant who does not reside in the building;

      (2)   A single-family dwelling in which rooms are rented to three or more roomers by a resident owner or tenant;

      (3)   A dwelling in which rooms are rented to one or more roomers on the third floor;

      (4)   A building containing more than one dwelling unit in which rooms are rented to two or more roomers by an owner or tenant occupying one of such dwelling units; or

      (5)   A building in which a room or rooms are rented to be occupied by one or more roomers who are under 12 years of age or are infirm or aged.

   (b)   For the purposes of this zoning ordinance, the words ROOMING HOUSE include motels, motor courts, lodging houses and tourist homes not meeting the requirements of a hotel.

(Ord. 5531, passed 2-11-1964)

   SEATS. The seating capacity of a particular building or structure as determined by the plans filed with the Building Inspectors. Where individual seats are not provided, each 20 inches of benches or similar seating accommodations shall be considered as one SEAT.

(Ord. 4761, passed 11-17-1953)

   SETBACK. The distance from the street line to the building line or to a building, measured perpendicular to the street line. The SETBACK of a building shall be measured to the major exterior wall or part thereof which is nearest the street line.

(Ord. 4761, passed 11-17-1953)

   STREET LINE. The side line of a dedicated street and is the dividing line between the public thoroughfare and private lots.

(Ord. 4761, passed 11-17-1953)

   STRUCTURE. Includes signs, marquees, barber poles, fences, walls and other human-made objects erected upon the ground or attached to a building and which are not essential parts of a building.

(Ord. 5531, passed 2-11-1964)

   SWIMMING POOL . A receptacle for water or an artificial pool of water having a depth at any point of more than two feet, used or intended to be used for swimming by adults or children or both adults and children, and including all appurtenant equipment, constructed, installed and maintained in or above the ground inside or outside of a building.

(Ord. 5094, passed 3-11-1958)

   TENANT. The lessee or renter of a building or a portion of a building.

(Ord. 5531, passed 2-11-1964)

   YARD. The space, other than a court, unobstructed from the ground to the sky on the lot on which a building is situated.

      FRONT YARD. The space on the same lot with a building between the front line of the building and the front line of the lot.

      REAR YARD. The space on the same lot with a building between the rear line of the building and the rear line of the lot.

      SIDE YARD. The space on the same lot with a building situated between the building and the side line of the lot and extending through from the street or from the front yard to the rear yard or to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.

(Ord. 4761, passed 11-17-1953)

   ZONING ORDINANCE. Ordinance 4761, passed November 17, 1953, as amended, which comprises Titles One and Three of this Part Eleven - Planning and Zoning Code.

(Ord. 4761, passed 11-17-1953)

   SHARED HOUSING FACILITY.

      (1)   Any building or portion thereof which is designed and used exclusively for sole, bona fide and permanent residential purpose as a certified or licensed adult care facility or residential facility as further defined below.

         A.   ADULT FAMILY HOME. A facility that is licensed by the state’s Department of Health to provide accommodations for not more than five adults and to provide personal care services to these resident adults (typically elderly). Such services may include assistance in daily living activities and self-administration of medicine and preparation of special diets.

         B.   ADULT GROUP HOME. A facility that is licensed by the state’s Department of Health to provide accommodations for six to not more than 16 adults and to provide personal care services to these resident adults (typically elderly). Such services may include assistance in daily living activities and self-administration of medicine, and preparation of special diets.

         C.   RESIDENTIAL FACILITY FAMILY HOUSE. A facility licensed by the state’s Department of Mental Health to provide accommodations for not more than eight mentally retarded or developmentally disabled persons and to provide personal care, supervision, habilitation services and mental health services in a family setting.

         D.   RESIDENTIAL FACILITY GROUP HOME. A facility licensed by the state’s Department of Mental Health to provided accommodations for nine to not more than 16 mentally retarded or developmentally disabled persons and to provide personal care, supervision, habilitation services and mental health services in a family setting.

      (2)   The term SHARED HOUSING FACILITY does not include halfway house, quarterway house, three quarterway house or any other housing facility serving as an alternative to incarceration, nursing home, rest home, boarding house, rooming house, lodging house, residential treatment home/center, special care home, or any other similar building or use of a building.

(Ord. 94-08, passed 12-2-2008)

   The city is hereby districted or zoned to promote the public health, safety, convenience, comfort, morals, prosperity and general welfare, including the promotion of home ownership, the protection of residence sections, the prevention of congestion, the increasing of trade and industrial efficiency, the conservation of property values, the assurance of adequate light and air and the limitation, control and regulation of buildings in the city in accordance with a well established plan of use, height, size and area for all property and its development in the city.

(Ord. 4761, passed 11-17-1953)

   Districting or zoning includes provisions to regulate, restrict and specify the locations of trades, industries, apartment houses, dwellings and other use of property; the number of square feet of lot area per family; the size of buildings or parts thereof; the location and size of side, front and rear yards and the height of buildings; provides for the division of the city into use districts, height districts and area districts; provides for the alignment or setback of buildings and other structures; and provides maps showing such districts and building or structure alignment or setback

(Ord. 4761, passed 11-17-1953)

   Nothing in this zoning ordinance shall be construed to limit Council in the exercise of all of the powers to zone or re-district now or hereafter authorized by the Constitution or statutes of the state, nor shall the regulations and restrictions contained in this zoning ordinance in any manner or form restrict or control the city in the construction, operation or use of city property, buildings, structures or works in any restricted zone when such operation or use shall be for municipal purposes.

(Ord. 4761, passed 11-17-1953)

   (a)   All variances or variations from the use, height, area and building line provisions of Ordinances 1575 and 1576, passed April 11, 1922, authorized by action of the Board of Zoning Appeals, the Board of Building Line Appeals or Council since the effective date of such ordinances shall not be affected by the provisions of this zoning ordinance and may continue under the conditions specified at the time of their authorization.

   (b)   All Class U8 uses presently authorized by amendments to Ordinance 1575 shall continue as authorized conditional uses under the provisions of this zoning ordinance.

(Ord. 4761, passed 11-17-1953)

   Ordinances 1575 and 1576, passed April 11, 1922, and all amendments thereto and all ordinances or parts of ordinances pertaining to the subject matter contained in this zoning ordinance and inconsistent therewith are hereby repealed.

(Ord. 4761, passed 11-17-1953)

   Sections and divisions of this zoning ordinance and the several parts and provisions thereof are hereby declared to be independent sections, divisions, parts and provisions, and the holding of any such section, division, part or provision thereof to be unconstitutional, void or ineffective for any cause shall not affect nor render invalid any other such section, division, part or provision thereof.

(Ord. 4761, passed 11-17-1953)

   This zoning ordinance shall be enforced by the Building Inspector or Deputy Building Inspector, and wherever the term Building Inspector is used herein, it includes the Deputy Building Inspector.

(Ord. 4761, passed 11-17-1953)

   A permit for a conditional use in any use district may be granted upon favorable action by the Board of Zoning Appeals and Council in the manner hereinafter prescribed in Chapter 1107. Applications for conditional use permits shall be submitted to the Board of Zoning Appeals in writing. Such permit for a particular use in a specific location shall be granted only in such cases and upon such conditions and restrictions as will assure that such use is in harmony with the general intent of the zoning ordinance and will secure the general welfare and substantial justice in the promotion of the public health, comfort, convenience, morals, safety and general welfare of the city. Unless the premises are utilized for the conditional use granted, or all the structures or improvements contemplated in the conditional use permit are substantially completed within a period of one year from the date of the granting of the conditional use, such conditional use permit shall expire and become void.

(Ord. 5150, passed 12-16-1958)

   Applications to the Board of Zoning Appeals for a conditional use permit shall be accompanied by a non-refundable fee of $100 to be paid annually until such conditional use terminates.

(Ord. 26-91, passed 3-19-1991)

   (a)   Any person, or agent or officer of a corporation, who violates any of the provisions of this zoning ordinance shall for each offense be fined not more than $1,000 or imprisoned not more than 90 days, or both.

   (b)   Each day such violation occurs or continues shall constitute a separate offense.

(Ord. 4761, passed 11-17-1953)

   (a)   A Board of Zoning Appeals is hereby established, which shall consist of the Mayor, who shall act as Chairperson, the Director of Health, the Chief of the Police Department and the Chief of the Fire Department, who shall serve until their successors are appointed and qualified and a member of the Mayor’s staff, other than the City Engineer, to be appointed by the Mayor with the approval of Council.

   (b)   The City Engineer shall act as Secretary. All meetings of the Board shall be public. Public notice shall be given of hearings on any appeals from the decisions of the Building Inspector, applications for conditional use permits or proposed amendments, by the posting of a notice on the bulletin board in the main entrance of the City Hall for a period of at least three days, together with such additional notice, if any, that the Board shall deem necessary. The Board shall keep minutes of its proceedings. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this zoning ordinance.

(Ord. 4761, passed 11-17-1953)

   (a)   Any person adversely affected by a decision of the Building Inspector or his or her authorized representative made in the enforcement of this zoning ordinance shall have the right to appeal to the Board of Zoning Appeals from such decision within ten days from the date notice of such decision was given or mailed to him or her, and to appear before the Board at a time and place fixed by the Board. Such appeal must be in writing. Failure to file a written appeal with the Board within the time prescribed shall constitute a waiver of the right of appeal. The Board of Zoning Appeals shall have the power to approve, amend, modify or reverse any decision of such Building Inspector or his or her authorized representative.

   (b)   Any person adversely affected by a decision of the Board of Zoning Appeals shall also have the right to appeal to Council from such decision within ten days from the date notice of such decision was given or mailed to the appellant, and to appear before Council at a time and place fixed by the Council. Such appeal must be in writing. Failure to file a written appeal with Council within the time prescribed shall constitute a waiver of the right of appeal. Council shall have the power to approve, amend, modify or reverse any decision of the Board of Zoning Appeals.

(Ord. 5637, passed 6-1-1965)

   The Board of Zoning Appeals may at the instance of any member thereof conduct hearings for the purpose of considering necessary amendments to the regulations and districts herein established. Any proposed amendment or application for a conditional use permit shall be referred to Council with a recommendation of the Board as to the action to be taken thereon.

(Ord. 4761, passed 11-17-1953)

   (a)   The Board of Zoning Appeals shall determine all matters properly presented to it and where practical difficulties and unnecessary hardships shall result from the strict compliance with or the enforcement of the provisions of the districting or zoning ordinance, the Board shall have the power to grant variances in harmony with the general intent of the zoning ordinance and to secure the general welfare and substantial justice in the promotion of the public health, comfort, convenience and morals, safety and general welfare of the city.

   (b)   Applications to the Board of Zoning Appeals for any variance from the provisions of the zoning ordinance shall be accompanied by a non-refundable fee of $25 to be paid annually until such variance is terminated.

(Ord. 7678, passed 11-1-1983; Ord. 26-91, passed 3-19-1991)

   A person or his or her successor in title shall have the right to appeal to or file a request with the Board of Zoning Appeals or Council no more than once in any six-month period concerning substantially the same premises and the same subject matter. Similarly, the Board of Zoning Appeals or Council shall be required to hear no more than one appeal or request within any six-month period concerning substantially the same premises and the same subject matter.

(Ord. 5637, passed 6-1-1965)

   Recommendations of the Board of Zoning Appeals on conditional use permits shall be acted upon by Council only after public notice and hearing as specified in this zoning ordinance.

(Ord. 4761, passed 11-17-1953)

   Council may from time to time amend, repeal or adopt any or all of the provisions of the districting or zoning ordinance, but no amendment, repeal or adoption shall be passed until Council shall have held a public hearing thereon and shall have given at least five days’ notice of the time and place thereof in a newspaper of general circulation in the municipality. During such five days the text or a copy of the text of such amendment, repeal or adoption, together with the maps or plans or copies thereof forming part of or referred to in such ordinance, measure or regulation, shall be on file with the Clerk of Council for public examination, and a copy of the text of such amendment, repeal or adoption shall be placed on the bulletin board in the main entrance of the City Hall. Every amendment proposed by Council shall be referred to the Board of Zoning Appeals for report.

(Ord. 4761, passed 11-17-1953)

   Changes in zones or districts shall be made by ordinances amending the official maps under the conditions prescribed in this zoning ordinance for amendments. Such changes shall be designated as map changes, and shall be serially numbered for each map and shall be recorded thereon in a tabulation showing the numbers of the changes and the date of passage.

(Ord. 4761, passed 11-17-1953)