The several districts hereby established, and into which the city is divided, are designated as follows:

(Code 1975, § 68-8)

The location and boundaries of the districts enumerated in section 122-41 are hereby established as shown on the district map of the city, which is on file in the office of the city clerk. Such map, and all notations, references and designations shown on such map, shall be as much a part of this chapter as if fully described and set forth in this chapter.

(Code 1975, § 68-9)

Where uncertainty exists as to the boundaries of any of the districts set forth in section 122-41 as shown on the zoning map, the board of appeals, upon written application or its own motion, shall determine the location of such boundaries.

(Code 1975, § 68-10)

More restrictive uses, as employed in this chapter, shall be interpreted as follows:

(1)

The uses first permitted in the R-1 district are the most restrictive.

(2)

All other uses are less restrictive in the order they are first permitted in the districts, in the sequence of R-1A, R-2, R-3, C-1, C-2, C-3, C-3A, M-1 and M-2.

(Code 1975, § 68-11)

Except as provided in this chapter, no building, or part thereof, or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose other than for the uses listed in this article as permitted in the district in which such building, land or premises is located.

(Code 1975, § 68-12)

Any land annexed to or consolidated with the city shall be deemed to be temporarily zoned R-1 until such land is reclassified after being processed as an amendment to this chapter, except in such cases as may be approved by the plan commission as being in conformance with the master plan of the city.

(Code 1975, § 68-13)

This division consists of schedules I and II. Such schedules consist of restrictions and controls intended to regulate development in the zone districts which are established in division 1 of this article.

(Code 1975, § 68-14)

(a)

R-1 single-family districts. The following regulations shall apply to R-1 single family residential districts within the city:

(1)

Principal permitted uses.

a.

Single-family detached dwellings.

b.

Essential services as defined in section 122-1

c.

Temporary tract offices and tract signs.

d.

The tilling of soil, raising of crops, fruits, vegetables, nurseries and greenhouses, but not including the outdoor storage of equipment and supplies.

e.

Churches.

f.

Nonprofit operated schools and nursery schools.

g.

Museums, libraries and community centers operated by the city.

h.

Public parks and playgrounds.

(2)

Accessory uses.

a.

Home occupations as regulated in section 122-237

b.

Signs as regulated in article II, division 4, of this chapter.

c.

Home gardening, but not including the raising of livestock, poultry or similar objectionable activities.

d.

Private garages and parking areas as defined in section 122-1

e.

Other accessory uses and structures customarily appurtenant to a principal permitted use.

(3)

Special uses: Cemeteries.

(4)

Height (maximum).

a.

Principal building: 2½ stories, but no more than 35 feet.

b.

Accessory building: 1½ stories, but no more than 15 feet.

(5)

Lot area per dwelling unit (minimum): 6,000 square feet.

(6)

Lot frontage (minimum): 60 feet.

(7)

Lot depth (minimum): 100 feet.

(8)

Yards (minimum).

a.

Front yard: 25 feet.

b.

Side yard: Five feet for each, but not less than a combined minimum of 10 feet.

c.

Rear yard: 20 feet.

(9)

Building coverage (maximum).

a.

Principal building: 30 percent.

b.

Accessory building: Ten percent.

(10)

Notes.

a.

Off-street parking and loading shall be provided in accordance with article IV of this chapter.

b.

The regulations set forth in subsection (a) of this section are basic to the regulation of each district. Additional regulations and modifications of the regulations in this schedule are set forth in the text of this chapter.

c.

The term "maximum building coverage" means the maximum percentage of a zone lot which may be occupied by all principal and accessory buildings and structures.

(b)

R-1A single-family districts. The following regulations apply to R-1A single-family residential districts in the city:

(1)

Principal permitted uses: Any use permitted in the R-1 district.

(2)

Accessory uses.

a.

Any accessory use or structure permitted in the R-1 district, under the same conditions prescribed in such district.

b.

Other accessory uses and structures customarily appurtenant to a principal permitted use.

(3)

Special uses: Any special use permitted in the R-1 district, under the same conditions prescribed in such district.

(4)

Height (maximum).

a.

Principal building: 2½ stories, but no more than 35 feet.

b.

Accessory building: 1½ stories, but no more than 15 feet.

(5)

Lot area per dwelling unit (minimum). 5,000 square feet.

(6)

Lot frontage (minimum): 50 feet.

(7)

Lot depth (minimum): 100 feet.

(8)

Yards (minimum).

a.

Front yard: 25 feet.

b.

Side yard: Five feet for each side yard.

c.

Rear yard: 20 feet.

(9)

Building coverage (maximum).

a.

Principal building: 30 percent.

b.

Accessory building: Ten percent.

(10)

Notes. Same as set forth in subsection (a)(10) of this section for the R-1 district.

(c)

R-2 two-family districts. The following regulations apply to R-2 two-family residential districts in the city:

(1)

Principal permitted uses.

a.

Any use permitted in the R-1A district, under the same conditions prescribed in such district.

b.

Two-family dwellings.

(2)

Accessory uses.

a.

Any accessory use or structure permitted in the R-1 district, under the same conditions prescribed in such district.

b.

Other accessory uses and structures customarily appurtenant to a principal permitted use.

(3)

Special uses.

a.

Any special use permitted in the R-1A district, under the same conditions prescribed in such district.

b.

Health centers.

c.

Licensed nursing homes.

d.

Social halls, lodges, fraternal organizations and clubs, except when operated for profit.

e.

Residential large-scale developments.

(4)

Height (maximum).

a.

Principal building: 2½ stories, but no more than 35 feet.

b.

Accessory building: 1½ stories, but no more than 15 feet.

(5)

Lot area per dwelling unit (minimum): 3,000 square feet.

(6)

Lot frontage (minimum): 60 feet.

(7)

Lot depth (minimum): 100 feet.

(8)

Yards (minimum).

a.

Front yard: 25 feet.

b.

Side yard: Five feet for each side.

c.

Rear yard: 20 feet.

(9)

Building coverage (maximum).

a.

Principal building: 30 percent.

b.

Accessory building: Ten percent.

(10)

Notes. See notes for R-1, single-family district, as set forth in subsection (a)(10) of this section.

(d)

R-3 multifamily district. The following regulations apply to R-3 multifamily residential districts within the city:

(1)

Principal permitted uses.

a.

All uses permitted in the R-2 district, under the same conditions prescribed in such district.

a.

Row houses.

b.

Multiple dwelling structures.

c.

Boardinghouses and lodginghouses.

(2)

Accessory uses.

a.

Any accessory use or structure permitted in the R-1 district, under the same conditions prescribed in such district.

b.

Other accessory uses and structures customarily appurtenant to a principal permitted use.

(3)

Special uses.

a.

Any special use permitted in the R-2 district, under the same conditions prescribed in such district.

b.

Hospitals and clinics, except veterinary hospitals and clinics.

c.

Institutions of a philanthropic nature.

d.

Mortuary and undertaking establishments.

(4)

Height (maximum).

a.

Principal building.

1.

Row houses, 2½ stories, but no more than 35 feet in height.

2.

Multiple dwellings, three stories, but no more than 45 feet in height.

b.

Accessory building: 1½ stories, but no more than 15 feet.

(5)

Lot area per dwelling unit (minimum): 2,000 square feet.

(6)

Lot frontage (minimum): 80 feet.

(7)

Lot depth (minimum): 100 feet.

(8)

Yards (minimum):

a.

Front yard: 20 feet.

b.

Side yard: Five feet for buildings less than three stories in height.

c.

Rear yard: 20 feet.

(9)

Building coverage (maximum):

a.

Principal building: 35 percent for row houses; 25 percent for multiple dwellings.

b.

Accessory building: Ten percent.

(10)

Notes. See notes for R-1 single-family district, as set forth in subsection (a)(1) of this section.

(Code 1975, § 68-15)

(a)

C-1 neighborhood commercial district. The following regulations shall apply to the C-1 neighborhood commercial districts within the city:

(1)

Principal permitted uses.

a.

Any local retail business or personal service establishment, such as grocery, fruit or vegetable store, drugstore, barbershop and beauty shop, shoe repair, clothes cleaning and laundry pickup station, business and professional office, etc., supplying commodities or performing services for residents of the neighborhood.

b.

Bar, restaurant, cafe and soda fountain, not including dancing or entertainment, other than mechanical entertainment.

c.

Parking lots for passenger vehicles.

d.

Offices, public and private.

e.

Mortuary and undertaking establishments.

f.

Social halls, clubs and lodges.

g.

Essential services, as defined in section 122-1

h.

Signs, as permitted in article V of this chapter.

(2)

Accessory uses: Accessory uses and buildings customarily appurtenant to a principal permitted use, such as incidental storage facilities and required and permitted off-street parking and loading facilities appurtenant only to a permitted use on the premises.

(3)

Special uses.

a.

Any other retail business or service establishment or public and quasi-public uses which are determined by the board to be of the same general character as the permitted retail business or service uses permitted in subsection (a)(1) of this section which will not be injurious to the district.

b.

Auto service stations, including minor repair, employing not more than three persons during each eight-hour period.

c.

Large-scale development.

(4)

Height (maximum).

a.

Principal building: Two stories, but no more than 30 feet.

b.

Accessory building: ½ story, but no more than 15 feet.

(5)

Lot area (minimum):

(6)

Lot frontage (minimum):

(7)

Lot depth (minimum):

(8)

Yards (minimum):

a.

Front yard: Ten feet, except 20 feet when abutting an R district.

b.

Side yard: None, except 20 feet from an R district when abutting an R district.

c.

Rear yard: Ten feet, except when abutting any R district, then the same as required in such R district.

(9)

Building coverage (maximum): 60 percent.

(10)

Other required conditions.

a.

All uses shall be conducted wholly within a completely enclosed building, except for service stations and off-street parking and loading facilities.

b.

Goods for sale shall consist primarily of new merchandise, and all goods produced on the premises shall be sold at retail on the premises.

c.

Maximum of five persons to be engaged in the fabrication, repair and other processing of goods in any establishment, with a maximum of ten aggregate horsepower for the operation of all machines for such purposes.

d.

In case of a series of abutting structures abutting and paralleling a public right-of-way, an open and unobstructed passage of at least 20 feet in width shall be provided at grade level at intervals of not more than 400 feet.

(b)

C-2 central business district. The following regulations apply to C-2 central business districts within the city:

(1)

Principal permitted uses.

a.

Any uses permitted in the C-1 district.

b.

Major department stores, specialty shops, banks and other financial institutions, and personal service enterprises which are intended and designed to serve the city as a whole.

c.

Nightclubs and other major entertainment facilities which are intended and designed to serve the city as a whole.

d.

Hotels.

e.

Office buildings.

f.

Sales and show rooms.

g.

Storage garages and off-street parking facilities.

h.

Railway or bus passenger stations, telegraph offices and express offices.

i.

Newspaper publishing.

j.

The following limited light industrial uses, when conducted within an enclosed building and above the first floor:

1.

Experimental, photo, film and testing laboratories.

2.

Manufacture of musical and small precision instruments, watches and clocks, toys, novelties and metal and rubber hand stamps.

3.

Manufacture of pottery and figurines or other similar ceramic products, using only pulverized clay and kilns fired only by electricity or gas.

4.

Printing, lithographing, type composition, and ruling and binding establishments.

5.

Dress and garment manufacturing.

k.

New car dealers and automotive service stations, including minor repair as defined in section 122-1

l.

Bars, restaurants, cocktail lounges, tea rooms and similar enterprises.

m.

Professional, business and technical schools, and schools and studios for photography, art, music and dance.

n.

Parking lots and garages.

o.

Philanthropic institutions.

p.

Eleemosynary institutions.

q.

Medical and dental office buildings and testing laboratories.

r.

Amusement enterprises, including theaters, billiard or pool parlors, bowling alleys, skating rinks or similar uses or places of assembly.

(2)

Accessory uses: Accessory uses and buildings customarily appurtenant to a principal permitted use, such as incidental storage facilities and required and permitted off-street parking and loading facilities appurtenant only to a permitted use on the premises.

(3)

Special uses.

a.

Any special use permitted in the C-1 district, as set forth in this section.

b.

Any other retail, business, service, public, or quasi-public use or limitedlight industrial establishment determined by the board to be of the same general character as the uses permitted in subsection (b)(1) of this section which will not be injurious to the district.

(4)

Height (maximum).

b.

Principal building: Eight stories, but no more than 100 feet.

c.

Accessory building: Two stories, but no more than 25 feet.

(5)

Lot area (minimum):

(6)

Lot frontage (minimum):

(7)

Lot depth (minimum):

(8)

Yards (minimum).

a.

Front yard: Five feet.

b.

Side yard: None, except 20 feet from an R district when abutting such R district.

c.

Rear yard: Ten feet, except when abutting any R district, then the same as required in such R district.

(9)

Building coverage (maximum):

(10)

Other required conditions.

a.

All uses shall be conducted wholly within a completely enclosed building, except service stations, off-street parking and loading facilities and car sales lots.

b.

In case of a series of abutting structures abutting and paralleling a public right-of-way, an open and unobstructed passage of at least 20 feet in width shall be provided at grade level, at intervals of not more than 400 feet.

c.

Any building over four stories in height shall have a maximum floor area not exceeding five times the area of the zone lot upon which the building is proposed to be located.

(c)

C-3 highway commercial district. The following regulations apply to C-3 highway commercial districts within the city:

(1)

Principal permitted uses: Any use permitted in the C-2 district.

(2)

Accessory uses: Any accessory use permitted in the C-2 district, as set forth in this section.

(3)

Special uses.

a.

Any special use permitted in a C-2 district, as set forth in this section.

b.

Trailer coach parks.

(4)

Height (maximum).

a.

Principal building: Two stories, but not more than 25 feet.

b.

Accessory building: 1½ stories, but not more than 20 feet.

(5)

Lot area (minimum): 20,000 square feet for each principal commercial structure.

(6)

Lot frontage (minimum): 100 feet.

(7)

Lot depth (minimum):

(8)

Yards (minimum).

a.

Front yard: 25 feet.

b.

Side yard: None, except 50 feet from an R district when abutting such R district.

c.

Rear yard: 20 feet, except 40 feet from an R district when abutting such R district.

(9)

Building coverage (maximum): 35 percent by all structures.

(10)

Other required conditions: Building coverage may be increased to not more than 90 percent when required off-street parking is provided by the owner or operator of the principal use served thereby on a site not more than 250 feet distant from the principal use.

(d)

C-3A highway commercial parking district. The following regulations apply to C-3A highway commercial districts within the city:

(1)

Principal permitted uses.

a.

Any uses permitted in an adjoining R district as regulated in such district.

b.

Accessory off-street parking areas, which shall be open to the public.

(2)

Accessory uses: Any accessory use permitted in the C-2 district, as set forth in this section.

(3)

Special uses: None.

(4)

Height (maximum).

a.

Principal building: Principal parking structures are prohibited.

b.

Accessory building: Accessory commercial structures are prohibited.

(5)

Lot area (minimum):

(6)

Lot frontage (minimum):

(7)

Lot depth (minimum):

(8)

Yards (minimum).

a.

Front yard:

b.

Side yard:

c.

Rear yard:

(9)

Building coverage (maximum):

(10)

Other required conditions: See sections 122-372—122-376.

(e)

M-1 medium manufacturing and industrial districts. The following regulations apply to M-1 medium manufacturing and industrial districts within the city:

(1)

Principal permitted uses.

a.

Any use permitted in the C-3 district, as set forth in this section.

b.

Laboratories.

c.

Administrative, executive and financial offices.

d.

Manufacture of electric and electronic instruments and devices, such as television, radio and phonograph equipment.

e.

Manufacturing, compounding, processing or treatment of products such as bakery goods, candy, cosmetics, dairy products, drugs, pharmaceutical and food products, except fish and meat products, sauerkraut, vinegar, yeast and the rendering or refining of fat and oils.

f.

Manufacturing, compounding, assembling or treatment of articles or merchandise from previously prepared materials, such as bones, cellophane, canvas, cloth, cork, feathers, felt, film, fur, glass, hair, leather, paper, plastics, precious or semiprecious metals or stones, shells, textiles, tobacco, wood, yarns and paint not employing a boiling process.

g.

Manufacturing of pottery and figurines or other similar ceramic products, using only clay and kilns fired only by electricity or gas.

h.

Machine and welding shops, excluding punch presses over 20 tons rated capacity, drop hammers and automatic screw machines.

i.

Distribution plants, parcel delivery and service industries.

j.

Optical and textile manufacturing.

k.

Wholesale business, storage or warehousing.

l.

Truck, trailer and farm implement establishments, including major repairs.

m.

Building material sales yards, or storage and rental of equipment commonly used by contractors.

n.

New and used car lots, trailer coach sales, automobile service stations, including major repairs as defined in section 122-1

o.

Animal hospitals and veterinary clinics.

p.

Carpenters, cabinetmaking, furniture repair and upholstery, electricians, metal working, tinsmiths, welding shops, plumbing, gas, steam or hot water fitting shops, when such shops are in a completely enclosed building and are primarily sales and service shops and not manufacturing plants.

q.

Bakeries as defined in section 122-1, bookbinding, creameries, soft drink bottling plants, laundries, and small scale cleaning and dyeing establishments.

r.

Trucking terminals, freight stations, produce markets and railroads.

s.

Florists or nurseries, provided that all incidental equipment and supplies, including fertilizers and empty cans, are kept within the building.

t.

Museums.

u.

Libraries and community centers.

v.

Parks and playgrounds.

(2)

Accessory uses: Accessory uses and buildings customarily appurtenant to a principal permitted use, such as incidental storage facilities and required and permitted off-street parking and loading facilities appurtenant only to a permitted use on the premises.

(3)

Special uses.

a.

Any special use permitted in the C-3 district, as set forth in this section, except trailer coach parks.

b.

Radio and television receiving towers, provided that such towers do not interfere with normal reception in the surrounding area.

c.

Any other research or light manufacturing use or public or quasi-public uses determined by the board to be of the same general character as uses permitted in subsection (e)(3) of this section which will not be injurious to the district.

(4)

Height (maximum): Height is unlimited, as long as such height does not exceed more than a 60-degree angle from the center of the street right-of-way on which it abuts.

(5)

Lot area (minimum): 20,000 square feet for each heavy commercial or light industrial use.

(6)

Lot frontage (minimum): 75 feet.

(7)

Lot depth (minimum): 150 feet.

(8)

Yards (minimum).

a.

Front yard: 25 feet, except 50 feet when abutting an R district.

b.

Side yard: None, except when abutting an R district, then 50 feet from such R district.

c.

Rear yard: 25 feet, except 50 feet when abutting any R district.

(9)

Building coverage (maximum): 75 percent by all structures.

(10)

Other required conditions.

a.

Any use which is not conducted wholly within a completely enclosed building shall be not less than 200 feet distant from any R, district, unless a greater distance is otherwise required elsewhere.

b.

All permitted, accessory and special uses, except for offices and retail commercial uses, shall be subject to review in accordance with the performance standards procedure.

(f)

M-2 heavy manufacturing and industrial districts. The following regulations apply to M-2 manufacturing and industrial districts within the city:

(1)

Principal permitted uses.

a.

Any manufacturing, research, wholesale or storage uses permitted in the M-1 district, as set forth in this section, and any retail or commercial uses, such as restaurants and service stations, which are appropriate and necessary to serve the M-2 district.

b.

Railroad yards, repair shops and roundhouses, terminals, freight transfer facilities and barge loading and unloading facilities.

c.

Grain elevators and bulk storage of petroleum and similar products.

d.

Metal fabricating, including automobile and metal appliance manufacturing and assembly, structural steel shops, machine shops, forges and foundries.

e.

Brewing or distilling of liquors or perfume manufacturing.

f.

Brick, glass or pottery manufacturing, stone or ceramics and monument works.

g.

Gas manufacture and storage.

h.

Quarrying, including rock crushing, grinding, polishing or cutting.

i.

Any of the following manufacturing uses, including primary production of the following products from raw materials, provided that such uses are located not less than 200 feet from the nearest R district: Asphalt, charcoal and fuel briquettes.

2.

Aniline dyes, ammonia, carbides, caustic soda, cellulose, carbon black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin and rayon yarn.

3.

Coal, coke and tar products, except as otherwise provided in this table.

4.

Turpentine, mastics, paint and plastics.

5.

Rubber and soaps, including fat rendering.

6.

Flour mills, lime kilns and the manufacturing or processing of cement.

j.

Slaughterhouses and meat packing operations.

k.

Signs, as permitted in article V of this chapter.

l.

Museums.

m.

Libraries and community centers.

n.

Parks and playgrounds.

(2)

Accessory uses: Accessory uses and buildings customarily appurtenant to a principal permitted use, such as incidental storage facilities, and required and permitted off-street parking and loading facilities appurtenant only to a use permitted on the premises.

(3)

Special uses.

a.

Any special use permitted in the M-1 district, as set forth in subsection (e)(3) of this section.

b.

Storage of fireworks or explosives, only where incidental to a permitted use.

c.

Automobile salvage and wrecking operations, outdoor storage and junkyards, subject to the performance standards procedure, if located not less than 200 feet from the nearest R district, and provided that all operations are conducted within a solid wall or tight board fence not less than eight feet high.

d.

Any other use which is determined by the board to be of the same general character as the uses permitted in subsection (f)(3) of this section which will not be injurious to the district.

(4)

Height (maximum): No limit on height, as long as the structure is within an angle of 60 degrees from the center of the street right-of-way on which it abuts.

(5)

Lot area (minimum): 50,000 square feet for any permitted use.

(6)

Lot frontage (minimum): 100 feet.

(7)

Lot depth (minimum): 200 feet.

(8)

Yards (minimum).

a.

Front yard: 25 feet, except 50 feet when abutting an R district.

b.

Side yard: None, except when abutting an R district, then 50 feet from such R district.

c.

Rear yard: 25 feet, except 50 feet when abutting any R district.

(9)

Building coverage (maximum): 75 percent by all structures.

(10)

Other required conditions.

a.

Any use which is not conducted wholly within a completely enclosed building shall not be less than 200 feet distant from any R district, unless a greater distance is otherwise required elsewhere.

b.

All permitted, accessory and special uses, except offices and retail commercial uses, shall be subject to review in accordance with the performance standards procedure.

c.

Any building over four stories in height shall have a maximum floor area not exceeding 2½ times the area of the zone lot upon which such building is proposed to be located.

(11)

Notes.

a.

Off-street parking and loading shall be provided in accordance with article IV of this chapter.

b.

The regulations set forth in this schedule are basic to the regulation of each district. Additional regulations and modifications of the regulations in this schedule are set forth in the text of this chapter.

c.

The term "maximum building coverage" means the maximum percentage of a zone lot which may be occupied by all principal and accessory buildings and structures.

(Code 1975, § 68-16)

The following criteria establish requirements for placement of manufactured homes:

(1)

Roof design and coverings shall meet current BOCA code requirements. Minimum pitch requirements shall not be less that three units vertical and 12 units horizontal. Acceptable coverings shall be asphalt shingles or an equivalent.

(2)

Guttering and downspouts shall meet current BOCA code requirements for installation, size and number of downspouts required.

(3)

Wall heights, ceiling heights and wall thickness, as related to wind loads and compression loads, shall meet BOCA code requirements. Minimum wall framing size shall be two-inch by four-inch wood or metal studs.

(4)

The exterior wall coverings should match the existing structures in the area. If brick is the predominant type, then the manufactured home is required to have a minimum of three walls with brick veneer. The front street facing wall will always be covered with brick, and both street facing walls will be required to be covered with brick for homes on corner lots.

(5)

All manufactured homes must be placed and permanently anchored to a concrete foundation. Footings shall be a minimum of 30 inches below the existing grade. Basements are allowed where conditions are acceptable.

(Ord. No. 96-10069, § 1, 12-11-1996)

The locations for placement of manufactured homes are as follows:

(Ord. No. 96-10069, § 2, 12-11-1996)

The regulations contained in this division shall qualify or supplement the district regulations set forth in schedules I and II in division 2 of this article.

(Code 1975, § 68-17)

An area of at least 250 square feet of usable open space will be provided for every dwelling unit erected on any lot.

(Code 1975, § 68-18)

There shall not be more than one principal dwelling structure, nor more than two accessory structures, including a private garage, on each zone lot intended or used for residential purposes, except as otherwise provided in section 122-92 and elsewhere in this chapter.

(Code 1975, § 68-19)

Any group of two or more detached principal dwelling structures proposed for erection on a single zone lot shall be considered a dwelling group, as defined in section 122-1. Dwelling groups shall be permitted in any R district and shall conform to the regulations of the district where proposed and to the provisions of section 122-565(1), (3)—(5).

(Code 1975, § 68-20)

In any R district only, a single-family detached dwelling may be erected on a nonconforming lot of official record on February 13, 1961, irrespective of the lot's area or width, the owner of which lot does not own any adjoining property, provided that no side yard shall be less than five feet, nor shall any side yard adjoining a side street be less than ten feet; provided, further, that the rear yard of any such lot shall in no case be less than ten feet, and the front yard shall be as required in section 122-164.

(Code 1975, § 68-21)

At all street intersections, no obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 30 feet distant from the points of intersection of such lines.

(Code 1975, § 68-22)

Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the widest street shall be deemed the street upon which the property fronts, and no principal structure or dwelling shall be erected on the rear of such lot.

(Code 1975, § 68-23)

No zone lot, yard, parking area or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this chapter. If such area or dimension is already less than the minimum, such area or dimension may be continued and shall not be further reduced.

(Code 1975, § 68-24)

Individual lots existing on January 18, 1961, that front upon alleys shall comply with all of the requirements of this chapter and of the district in which each such lot is located.

(Code 1975, § 68-25)

Height limitations stipulated elsewhere in this chapter shall not apply to church spires, belfries, cupolas and domes, monuments, water towers, chimneys, smokestacks, flagpoles, radio towers, masts and aerials, parapet walls extending not more than four feet above the limiting height of the building, or farm buildings or structures on farms, provided they are not less than 50 feet from every lot line.

(Code 1975, § 68-26)

Lots not served by a public water or sanitary sewer system, or other systems approved by the state department of public health, shall be not less than 100 feet wide at the building line or 20,000 square feet in area per dwelling unit.

(Code 1975, § 68-27)

Lots served by a public water system and an individual on-lot sewage disposal system, such as a septic tank or cesspool, shall be not less than 75 feet wide at the building line or 10,000 square feet in area per dwelling unit.

(Code 1975, § 68-28)

Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required least width, provided that such side yard shall not be narrower at any point than one-half the otherwise required least width, or five feet, in any case.

(Code 1975, § 68-29)

When authorized by the board of appeals, the width of one side yard may be reduced to a width of not less than three feet, provided the sum of the widths of the two side yards is not less than the required minimum, and further provided that the distance between the proposed structure and another structure, existing or proposed, on an adjacent lot is not less than the required minimum sum of the widths of the two side yards. Such reduction may be authorized only when the board finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots.

(Code 1975, § 68-30)

A side yard along the side street lot line of a corner lot, which lot abuts in the rear the side lot line of another lot in an R district, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting on the side street.

(Code 1975, § 68-31)

When an unimproved lot is situated between two improved lots, each having a principal building within 25 feet of the side lot line of such unimproved lot, the front yard may be reduced to the greatest depth of the front yard of the two adjoining improved lots, but in no case shall the front yard be less than ten feet.

(Code 1975, § 68-32)

(a)

Whenever adequate screening between uses is required elsewhere in this chapter, such screening shall consist of a six-foot high covered fence, or a visual screen consisting of evergreen, or evergreen type, hedges or shrubs spaced at intervals of not more than six feet, located and maintained within 15 feet of the property line separating such uses.

(b)

Fences, walls and hedges may be located in any yard or court if such fences, walls and hedges do not exceed four feet in height.

(Code 1975, § 68-33)

Certain architectural features may project into required yards as follows:

(1)

Cornices, canopies, eaves or other architectural features may project a distance not exceeding two inches per one foot of side yard width, but may not exceed a total of three feet.

(2)

Fire escapes may project a distance not exceeding four feet, six inches, but shall not project into a front yard.

(3)

Bay windows, balconies, fireplaces, chimneys, uncovered stairs and necessary landings may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

(Code 1975, § 68-34)

Patios and open porches may be located in side and rear yards, provided that they are not closer than three feet to any adjacent property line. If such patios and open porches are located closer than eight feet to any adjacent property line, they shall be screened by evergreen, or evergreen type, hedges or shrubs at intervals of not more than six feet, or a fence of not less than four feet in height, maintained in a good condition. In case of a corner lot, no patios or porches shall extend into the side yard adjoining such side street.

(Code 1975, § 68-35)

(a)

Nonattached. Accessory structures which are not attached to a principal structure may be erected within one of the side yards or the rear yard in an R district in accordance with the following requirements:

(1)

Front yard. Not closer to the street than the principal structure.

(2)

Side yard (interior lot). Three feet.

(3)

Side yard (corner lot). Same as for principal structure.

(4)

Rear yard. Five feet, except ten feet when the rear yard abuts an alley.

(5)

Distance from principal structure. Not closer than ten feet.

(b)

Attached. Where an accessory structure is attached to the principal building in an R district, it shall comply in all respects with the requirements of this chapter applicable to the principal building.

(Code 1975, §§ 68-36, 68-37)

Nondwelling accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory and shall have a rear yard of at least ten feet, except as otherwise specified in this chapter.

(Code 1975, § 68-38)

Permitted and special uses enumerated in the M districts, and uses accessory to such uses, are subject to the performance standards and procedures included in this subdivision. Any other use, existing or proposed, which the building commissioner or board of appeals has reasonable grounds to believe likely to violate performance standards shall also be subject to such performance standards procedures.

(Code 1975, § 68-39)

(a)

Sworn statement. Any application for a building permit for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of the subject property that such use will be operated in accordance with the performance standards set forth in this subdivision.

(b)

Continued compliance. Continued compliance with performance standards is required, and shall be enforced by the building commissioner or the board, where required.

(c)

Determination of violation. The building commissioner shall investigate any purported violation of the performance standards and, if there is reasonable grounds, shall notify the board of the occurrence or existence of a probable violation of the performance standards. The board shall investigate the alleged violation, and if, after public hearings upon due notice, the board finds that a violation occurred or exists, a copy of such findings shall be forwarded to the city council.

(d)

Termination of violation. Every violation, as ascertained in accordance with subsection (c) of this section, shall be terminated within 30 days of the decision of the board or shall be deemed a separate violation for each day following and subject to fines as set forth in this Code; except, that certain uses established before February 13, 1961, and nonconforming as to performance standards, shall be given a reasonable time in which to conform with such standards, as determined by the board.

(Code 1975, § 68-40)

No land or building in any M district which shall be used or occupied for manufacturing purposes shall be operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare; or other substance, condition or element (referred to in this subdivision as "dangerous or objectionable elements") in such amount as to adversely affect the surrounding area or premises, provided that any use permitted by this chapter may be undertaken and maintained in the M districts if it conforms to the regulations of this subdivision limiting dangerous and objectionable elements at the specified points of the determination of their existence.

(Code 1975, § 68-41)

The determination of the existence of any dangerous and objectionable elements shall be made at the following locations:

(1)

For fire and explosion hazards, radioactivity and electrical disturbances, smoke and other forms of air pollution, at the points where such elements shall be most apparent.

(2)

For vibration, glare and odors, at the property lines of the uses creating such elements,

(3)

For noise, at the property lines of the uses creating such elements where such uses abut a residential zone boundary line.

(Code 1975, § 68-42)

(a)

Fire and explosion hazards. All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices which are standard in the industry. Burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws and regulations regarding fire and explosion hazards shall also be applicable.

(b)

Radioactivity or electrical disturbances. No activities shall be permitted which emit dangerous radioactivity or electrical disturbances adversely affecting the operation of any equipment other than equipment of the creator of such disturbances. All applicable federal regulations regarding radioactivity or electrical disturbances shall be complied with.

(c)

Noises. At the property line, the maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in table I of this section after applying the corrections shown in table II of this section. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer, conforming to standards prescribed by the American National Standards Institute.

Table I

If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in table II shall be applied to the octave band levels given in table I.

Table II

*  Apply one of these corrections only.

(d)

Vibration. No vibration shall be permitted which is detectable without instruments at the points of measurement specified in section 122-219

(e)

Glare. No direct or sky reflected glare, whether from floodlights or from high temperature processes, such as combustion, welding or otherwise, shall be permitted so as to be visible at the points of measurement specified in section 122-219. Such restriction shall not apply to signs otherwise permitted by the provisions of this chapter.

(f)

Smoke. No emission shall be permitted from any chimney, or otherwise, of visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Co., Inc., copyright 1954 (being a direct facsimile reduction of a standard Ringlemann Chart as issued by the United States Bureau of Mines), except that visible grey smoke of a shade equal to No. 3 on such chart may be emitted for four minutes in any 30-minute period.

(g)

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable, without instruments, at the property lines of the zone lots from which they are emitted.

(h)

Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, animals, vegetation or other forms of property, or which can cause any excessive soiling.

(Code 1975, § 68-43)

(a)

An animal hospital shall be located no closer than 100 feet to any residential district, restaurant or hotel, in any district where permitted, and shall show that adequate measures and controls shall be taken to prevent offensive noise and odor.

(b)

No incineration of refuse shall be permitted on the premises of an animal hospital.

(Code 1975, § 68-44)

Cross reference— Animals, ch. 18; businesses, ch. 26

A permitted home occupation operated in any dwelling unit may be operated only if it complies with all of the following conditions:

(1)

It is operated, in its entirety, within a single dwelling unit, or in a building or other structure accessory to a dwelling unit, and only by the person maintaining a dwelling in such unit. Not more than two additional persons shall be employed in the home occupation.

(2)

It does not display or create any evidence of the home occupation outside the building, except that one nonflashing, nonadvertising flat or window sign, having an area of not more than one square foot, shall be permitted on each street front of the zone lot on which the building is situated.

(3)

It does not utilize more than 20 percent of the gross floor area of the dwelling unit, except foster family care, and except that medical and dental offices may utilize not more than 50 percent of the gross floor area of the dwelling unit.

(4)

It includes not more than one of the following uses:

a.

Medical and dental offices, in accordance with provisions for off-street parking, as required in this chapter, with not more than two nonresident assistants.

b.

Rooming or boarding of not more than two persons, not including the care of diseased or mentally ill persons.

c.

Custom dressmaking.

d.

Foster family care for not more than four children simultaneously.

e.

Tutoring for not more than four students simultaneously, but not including dancing, business schools or similar activities. Such use shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes.

(Code 1975, § 68-45)

Any cemetery, crematory or mausoleum shall provide an entrance on a street or road which shall have a distance between curblines of not less than 36 feet, with ingress and egress designed to minimize traffic congestion, and shall provide a minimum six-foot high fence of evergreen or evergreen type hedges or shrubs, at intervals of not more than six feet, or provide a minimum of 20 feet of a permanently maintained planting strip on all property lines abutting any R district or residential street.

(Code 1975, § 68-46)

The following shall apply to community buildings, social halls, lodges, fraternal organizations, clubs and other social or recreational establishments:

(1)

All buildings must be a minimum of 20 feet from the rear lot line.

(2)

There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity, other than from within the building.

(3)

Any such use must be located on a street or road which shall have a distance between curblines of not less than 36 feet, or be able to provide access without causing heavy traffic on local residential streets.

(Code 1975, § 68-47)

All hospitals, churches or other religious or eleemosynary institutions shall be located on a street or road which shall have a distance between curblines of not less than 36 feet and shall maintain a minimum ten-foot wide landscaped strip on all property lines abutting R districts.

(Code 1975, § 68-48)

Amusement centers, bowling alleys, dancehalls and similar places of amusement shall:

(1)

Provide parking, with ingress designed to minimize traffic congestion;

(2)

Not be less than 20 feet from any property line;

(3)

Provide an adequate screening from abutting residential property, as specified in section 122-165; and

(4)

Show that adequate controls will be taken to prevent offensive noise and vibration in accordance with the performance standards set forth in subdivision II of this division.

(Code 1975, § 68-49)

Cross reference— Businesses, ch. 26

Nursery schools or day care centers for more than 25 children shall maintain a minimum six-foot high fence, combined with a minimum three-foot wide shrub planting area, on any property line abutting any R district. A nursery school shall be located only on a minimum 10,000 square foot lot.

(Code 1975, § 68-50)

Any commercial or manufacturing use in an M district, when abutting a residential use in an R district, shall be screened from such residential use as specified in section 22-165.

(Code 1975, § 68-51)

A temporary tract office in any district shall be located on the property to which it is appurtenant, and shall be limited to a six-month period, at the expiration of which time the applicant may request a further extension of time; otherwise, the tract office shall be removed at the expense of the owner. Such temporary tract office may also be conducted in a building in a housing development as a real estate office for such development.

(Code 1975, § 68-52)

Outdoor recreational facility lights shall not be directed at adjoining residence zone lots.

(Code 1975, § 68-53)

Conversions shall be permitted in all R districts, except in the R-1 district, in accordance with the provisions of this subdivision.

(Code 1975, § 68-54)

Conversions in the R-1A district shall be limited to single-family dwelling structures of not less than 1,500 square feet. Such structures existing on January 18, 1961, may be converted to accommodate not more than two dwellings, provided that each dwelling unit created by such conversion shall be comprised of not less than 600 square feet.

(Code 1975, § 68-55)

Dwelling structures in residential districts other than the R-1A district may be converted to accommodate no more dwellings than are permitted in each dwelling structure in the respective districts, provided that each dwelling unit created by such conversion shall be comprised of not less than 400 square feet.

(Code 1975, § 68-56)

For each unit created through conversion, one off-street parking space shall be provided on the same zone lot, in accordance with the off-street parking requirements set forth in this chapter.

(Code 1975, § 68-57)

No commercial or manufacturing structure which was originally designed for a use other than a residential use shall be converted to a dwelling structure, nor shall any such structure which was converted prior to January 18, 1961, be further converted to provide for additional dwellings.

(Code 1975, § 68-58)

Junkyards and outdoor storage areas, including automobile wrecking, shall be permitted only in M-2 districts, subject to the review of the board of appeals and the plan commission in accordance with the procedures set forth for special uses in section 122-564, and such uses shall not be located within 200 feet from the nearest R district; provided, further, that all such uses shall be governed by the following provisions and any other conditions as may be required by the board of appeals to protect the public health, safety, comfort, convenience and general welfare, especially with regard to abutting properties and the occupants thereof:

(1)

No highly inflammable or explosive liquids, solids or gases shall be stored in bulk above the ground. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.

(2)

All outdoor storage facilities shall be enclosed by a fence or wall which is adequate to conceal such facilities and the contents thereof from adjacent property. Such walls and fences shall not be less than 20 feet from all property lines which abut an R district or existing residential development, but in any other case, such walls and fences shall not be less than ten feet from any property line, nor less than 25 feet from any public street.

(3)

No materials or wastes shall be deposited on any premises in such form or manner that the materials or wastes may be transferred off of such premises by natural causes or forces.

(4)

All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by, or otherwise be attractive to, rodents or insects, shall be stored outdoors only in closed containers.

(Code 1975, § 68-59)

All special uses, including large-scale developments as defined in section 122-1, shall require individual consideration in each case by the board of appeals and the plan commission. Such uses may be authorized by the board only in the district where they are enumerated in schedules I and II of division 2 of this article, in accordance with the applicable procedures set forth in article VI of this chapter, including sections 122-564 and 122-565, which specify the standards for reviewing such uses.

(Code 1975, § 68-60)