(A)   Consideration of impact. The development and administration of this title is based upon the division of the City into zoning districts within which the uses of land and buildings are relatively uniform. It is recognized, however, that there are occasions when, in addition to the principal permitted uses, other uses, hereinafter referred to as “uses by review”, because of their unique characteristics and because of the uniqueness of their proposed location, may be allowed after careful consideration of the impact of the particular uses upon the surrounding neighborhood and the public facilities therein.

   (B)   Authorization. The Planning Commission may grant a use that is listed under uses by review in a particular zoning district after a public hearing has been conducted by said Commission.

   (C)   Conditions for authorization. No use by review shall be granted by the Commission unless a determination has been made that the application meets the following conditions.

      (1)   Effect on adjacent properties. The proposed use will not adversely affect the use of adjoining or adjacent properties when operated in accordance with all required conditions.

      (2)   Utility, drainage, parking design criteria. Adequate utility, drainage, parking, loading, access and other design criteria shall be provided in accordance with all standards and provisions of this code.

      (3)   Traffic impact. The proposed use shall not generate vehicular traffic that is hazardous to, in conflict with or exceeds the existing and anticipated traffic capacity of the transportation systems serving the area.

      (4)   Noxious or offensive emissions. Adequate safeguards shall be proposed to limit noxious or offensive emissions, including noise, glare, smoke, dust and odor.

      (5)   Industrial uses, required conditions. An application for an industrial use shall also meet the following specific conditions.

         (a)   The use, manufacture or storage of potentially combustible, explosive or hazardous materials has been reviewed and approved by the Fire Marshal and other officials for compliance with applicable city, state and federal regulations.

         (b)   The method of pretreatment, handling, storage and discharge of wastewater, stormwater and any other effluent has been reviewed for compliance with applicable city, state and federal regulations.

         (c)   The emission of air contaminants will be in compliance with applicable city, state and federal regulations.

         (d)   Safeguards shall be required to limit noise pressure levels, be it continual, intermittent or at a steady or random beat, at any pitch or frequency, within the limits of levels commonly associated with uses permitted by right in the zoning district.

         (e)   No heat, glare or vibration shall be detected from any location beyond the property lines of the lot on which the use will be located.

         (f)   Safeguards shall be required to limit odors so as not adversely impact the use of adjacent properties.

      (6)   Protection of public health and safety. Other conditions as may be reasonably necessary to secure and protect the health, safety, comfort, convenience and welfare of the public due to the characteristics of the proposed use. In making its determination on an application for use by review, the Commission may impose any requirements necessary to have said proposed use meet the above conditions.

      (7)   Adult entertainment use. An application for an adult entertainment use shall also meet the following specific conditions.

         (a)   Development criteria. Any person applying for use by review approval to locate, remodel, alter, rebuild or relocate an adult entertainment use within the City must state that said use will comply with the following developmental criteria, as well as all other conditions contained within this section, generally.

            1.   No use by review approval shall be granted for any proposed location which is within a 1,000-foot radius of any other adult entertainment use.

            2.   No adult entertainment use shall be allowed to locate within a 500-foot radius of any church, public or private school, or public or private park, nor shall any adult entertainment use be allowed to locate within 500 feet of any area zoned for residential use.

            3.   All distances required to be met pursuant to this section shall begin at the property line of the proposed use and are measured to the nearest property line of the public or private school or park, church or residentially zoned area, or any, adult entertainment use within the prescribed distance, if any.

         (b)   First use deemed complying. In the event that any two or more adult entertainment uses are located within 1,000 feet of each other as of November 1, 1997, that adult entertainment use which shall have been first operated shall be deemed the complying use. The person, firm or corporation, or other entity responsible for the operation or management of the adult entertainment use shall have the responsibility of establishing by documented evidence the date on which such use first began continuous operation.

   (D)   Application for use. An application for a use by review shall be filed with the Director of Community Development no later than ten days prior to the date of the Planning Commission hearing. Any evidence as may be necessary to enable the Planning Commission to properly consider the request should accompany the application.

   (E)   Public notice. The subject property shall be posted with a notice or notices indicating the time and place of the Planning Commission hearing. Said notice shall be posted no later than seven days prior to the date of the hearing. The property shall remain posted until a final decision has been made concerning the application.

   (F)   Right of appeal. If the applicant or any other person wishes to appeal the decision of the Planning Commission, he shall file a written application to appear before the City Council. Said appeal shall be made to the Director of Community Development no later than seven days after the date of the Planning Commission hearing. The City Council shall then conduct a public hearing to consider the application.

(Prior Code, § 11-14-1) (Ord. 80-29, passed 12-16-1980)

   (A)   Buildings or structures.

      (1)   Continuation. A nonconforming building or structure lawfully existing at the time this title became effective may be continued, except as otherwise provided.

      (2)   Repairs and alterations. A nonconforming building or structure may be repaired or altered, and any building, structure or portion thereof, declared unsafe by the Building Inspector of the City, may be strengthened or restored to a safe condition.

      (3)   Change of use. A nonconforming use of a building or structure may be changed to a less objectionable use of a more restricted zone, but not to a use of a less restrictive zone, nor shall a nonconforming use be changed to another use of the same classification. When the use of a nonconforming building or structure is hereafter changed to a use of a more restrictive zone, such use thereafter shall not be changed to a use of a less restrictive zone.

      (4)   Discontinuance. If a nonconforming use of any building or structure is discontinued, or its normal operation stopped for a period of one year, the use of the building or structure shall thereafter conform to a use permitted in the zone in which it is located.

      (5)   Destruction by calamity.

         (a)   No building which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its replacement value shall be repaired or rebuilt, except in conformity with this title.

         (b)   The owners of owner occupied single-family dwellings in I-2 and I-3 zones which have been damaged by fire or other causes to the extent of more than fifty percent (50%) of their replacement value may, if they desire to rebuild, appeal to the Board of Adjustment. The Board of Adjustment may grant a special exception under the terms of § 11-3-6(B)(3).

      (6)   Single-family residences in I-2 and I-3 zones, enlargement.

         (a)   Nonconforming single-family dwellings lawfully existing in I-2 and I-3 zones at the time this title became effective may be structurally enlarged upon application by owner occupant.

         (b)   The enclosed floor area of any structural enlargement shall not exceed fifty percent (50%) of enclosed floor area existing at the time this title became effective.

   (B)   Land.

      (1)   Continuation. A nonconforming use of land, where no building is involved and where such use is the principal use, lawfully existing on the effective date of this title may be continued, except as otherwise provided in this title.

      (2)   Extension. A nonconforming use of land shall not be expanded, enlarged or extended in any way either on the same or adjoining properties.

      (3)   Termination or change of use. Where a nonconforming use of land, or any portion thereof, is discontinued or changed, any future use of such land shall be in conformity with this title.

(Prior Code, § 11-14-2) (Ord. 80-29, passed 12-16-1980)

   (A)   Permit required; information and documents. It shall be a violation of this title for any person to change or permit the change in the use of land, buildings or structures, or to erect, alter, move or improve any building or structure in accordance with the Building Code until a building permit has been obtained under the following conditions, and after providing the following information and documentation:

      (1)   Plot plan. A plot plan legibly drawn to scale, showing the exact size, shape and dimensions of the lot to be built upon; the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved; and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off street parking and loading facilities;

      (2)   Declaration of use of land and buildings. A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate; and

      (3)   Additional information. Any additional information relating to the proposed improvement needed to determine compliance with this title.

   (B)   Records kept. A careful record of such applications and plot plans shall be kept in the Office of the Code Official.

(Prior Code, § 11-14-3) (Ord. 80-29, passed 12-16-1980)

   (A)   Certificate required. No vacant land shall be occupied or used except for agricultural uses, and no building erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the Code Official.

   (B)   Application; issuance. A certificate of occupancy for the use of vacant land or to change any use thereof shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within three days after application has been made; provided that the use is in conformity with the provisions of the ordinances of the City.

   (C)   Compliance with Building Code. The certificate of occupancy for the use of the building shall be as provided by the Building Code of the City.

   (D)   Fee. No fee shall be charged for the original certificate of occupancy issued in connection with construction of a building; for all other certificates or copies of an original, there shall be a charge of $5 each.

   (E)   Excavation permit. No permit for excavation for any building shall be issued before application has been made therefor.

(Prior Code, § 11-14-4) (Ord. 80-29, passed 12-16-1980)

   (A)   Height exceptions. Hospitals, churches, schools and other places of public assembly, when located in any zoning district, may exceed the height limitations; provided that for each story by which the height of such building exceeds the minimum height requirements, the side and rear yard requirement shall be increased an additional two feet more than originally required.

   (B)   Area exceptions.

      (1)   Lots of record. A one-family dwelling may be constructed or moved on any lot, in separate and different ownership from any lot immediately adjoining.

      (2)   Reduction in lot area. No lot, existing and of record at the time of the adoption of this title, shall be so reduced that the lot area shall be smaller than prescribed by this title.

      (3)   Separation of lot. No lot shall be separated by ownership, if by such action, the requirement of this title would be altered.

      (4)   Hospitals, churches, schools. Hospitals, churches, schools and other places of public assembly shall not have a lot area less than 12,000 square feet.

   (C)   Yards.

      (1)   Existing alignment. When fifty percent (50%) or more of the lots on the same side of the street and between intersections have a fairly uniform front yard depth more or less than the required front yard depth, all buildings hereafter erected in any such block on the same side of the street shall be located as to conform with such uniform depth, unless its depth is controlled by adjacent projecting buildings. For the purpose of this exception, a vacant lot shall be assumed to have a front yard depth as required in the zoning district in which it is located.

      (2)   Through lots. At each end of a through lot, there shall be a front yard depth required by this title for the zoning district in which each street frontage is located.

      (3)   Semidetached dwelling. For the purpose of side yard regulations, the following dwellings with common party walls are considered as one building occupying one lot: semidetached two-family and four-family dwellings, row dwellings and group dwellings.

   (D)   Other exceptions.

      (1)   Side yards adjacent to public thoroughfare. A developer may designate in a new platted subdivision, an area that is bounded on three sides by a public thoroughfare to be lots having side yards of three feet on one side and nine feet on the other, with a minimum of 12 feet between buildings.

      (2)   Filling station or pump location. No business which dispenses liquid fuels to the public shall be permitted to locate a pump for said purposes closer to any street or alley right-of-way line or property line than 15 feet, in any zoning district.

      (3)   Corner visibility. In all residential, agricultural and neighborhood business zoning districts, no fence, wall, shrubbery, sign, marquee or other obstruction to vision between the height of three feet and seven feet above street level shall be permitted within the triangular area formed within 45 feet of the intersection of the curb line of two streets or railroad right-of-way line and a street curb line.

      (4)   Dwellings in commercial or special use district. Any dwellings located in a commercial or special use district shall comply with all regulations of the R-7 Multi-Family District.

      (5)   Corner lots. The side yard adjacent to a street shall have a width of not less than fifty percent (50%) of the depth of the front yard. When this side yard is used as a driveway entrance, the minimum depth of the drive shall be 20 feet.

(Prior Code, § 11-14-5) (Ord. 80-29, passed 12-16-1980; Ord. 2009-26, passed 11-3-2009)

   The location and size of any entrance or driveway leading from a public street is subject to the following minimum conditions.

   (A)   A zones and all R zones.

      (1)   Maximum width of drive: 30 feet at property line;

      (2)   Minimum width of drive: Ten feet at property line; and

      (3)   Minimum radius to curb: Five feet.

   (B)   Common drive (A Zones and all R Zones). Maximum width of drive: 30 feet at front property line or 15 feet either side of the dividing lot line.

   (C)   Width. Maximum width of drive in all commercial and industrial zones: 40 feet at property line with a 15 foot minimum radius to the curb.

   (D)   Intersections and fire hydrants. No portion of any entrance or drive leading from a public street shall be closer than 20 feet from the property line at an intersecting street, nor three feet to a fire hydrant or catch basin.

   (E)   Distance between drives. The minimum distance between drives at the property line shall be ten feet.

   (F)   Property abutting arterial streets. All requested drives leading from an arterial street, as designated by the City’s metropolitan area transportation plan, must be as recommended by the City’s Traffic Committee.

(Prior Code, § 11-14-7) (Ord. 80-29, passed 12-16-1980)

   Land under individual or private, group or unit ownership may be used for open recreational space in any zone when designated as open space, common area or green area on a plat; provided:

   (A)   The agreements, provisions or covenants which govern the use, maintenance and continued protection of the open space are submitted for approval with the final plat; and

   (B)   Upon approval of the final plat, there is recorded in the Register of Deed’s Office an easement, running with the land, to the person, unit or group responsible for the maintenance of the area, limiting uses of such space to an open area without buildings or structures for which a building permit is required, and which easement shall not be revoked without consent of the City.

(Prior Code, § 11-14-7) (Ord. 80-29, passed 12-16-1980)

   Storage and parking of automobiles, recreational vehicles and commercial vehicles shall not be permitted on any lot occupied by a dwelling or any lot located in a residential zoning district, except in accordance with the provisions specified below.

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      ACTIVELY SERVICING A PROPERTY. Active service to a property shall include, but may not be limited to, pick ups and delivery, maintenance and repairs being actively performed on the property.

      COMMERCIAL VEHICLE. A vehicle with a maximum rated carrying capacity of one and one-half tons used for commercial purposes. Any vehicle with advertising or business designation affixed to it shall be considered a COMMERCIAL VEHICLE. Also, special mobile equipment including, but not limited to: ditch diggers, apparatuses, graders, scrapers, earthmoving equipment and other commercial equipment.

      PRIVATE PASSENGER VEHICLE. An automobile, station wagon, van or truck with a maximum rated capacity of one and one-half tons used exclusively as a passenger vehicle and for hauling property of the owner and used to satisfy the daily transportation needs of the inhabitants of the dwelling.

      RECREATIONAL VEHICLE. A vehicle not permanently fixed to the ground and not designed to be permanently connected to utilities, including water and sewer. Such vehicle can be self-propelled or towed on its own wheels or transported on a trailer. Such vehicle is used primarily for hobby, vacation, extended travel, camping, sports and/or aquatic use. Such vehicle is designed for temporary occupancy only for such recreational use. For purposes of this title, two-wheeled vehicles, whether self-propelled or human powered (i.e., motorcycles and bicycles), tents and camper shells mounted on the walls of the cargo box of pickup trucks are not considered RECREATIONAL VEHICLES. For purposes of this title, RECREATIONAL VEHICLES shall include motor homes and converted buses, camping and travel trailers, collapsible camper trailers, light duty utility trailers and transporters, horse and cattle trailers and “off street” vehicles, including snowmobiles, dune buggies and all-terrain vehicles with three wheels, boats and other watercraft with their trailers (a boat trailer without a boat mounted on it shall be considered to be a RECREATIONAL VEHICLE).

   (B)   Commercial vehicles.

      (1)   Residential lots. Only one commercial vehicle, not exceeding one and one-half tons’ rated capacity, shall be permitted on a lot occupied by a dwelling or on a residentially zoned lot. Gardening, lawn tractors and implements used exclusively for upkeep and maintenance of the lot are allowed on a residential lot.

      (2)   Hauling explosives. In no case shall any commercial vehicle which might be permitted in subsection (B)(1) above be used for hauling explosives, gasoline or liquefied petroleum.

      (3)   Paved driveways. Unless actively servicing a property, any commercial vehicle that is permitted in subsection (B)(1) above must be parked on a paved driveway, or other hard surface as defined in § 11-12-4 (C), of the dwelling or residentially zoned lot.

      (4)   Parked in public street. In no case shall any commercial vehicle be permitted to be parked, stored or idled in a public street or right-of-way unless actively servicing the property.

      (5)   Hours. Except as provided herein, no commercial vehicle shall be permitted to be parked, stored or idled in a public street or right-of-way between the hours of 9:00 p.m. and 6:00 a.m.

      (6)   Exceptions and limitations.

         (a)   Exceptions.

            1.   Residents who are required to drive a commercial vehicle to and from their home may park a commercial vehicle in front of their residential lot.

            2.   Residents who own and operate a home business may park a commercial vehicle in front of their residential lot.

         (b)   Limitations.

            1.   Only one commercial vehicle per residence shall be allowed to be parked in the street, regardless of how many occupants of the residence drive commercial vehicles.

            2.   The allowed commercial vehicle shall not exceed eight feet in height or 20 feet in length.

            3.   The allowed commercial vehicle shall not have a trailer attached.

   (C)   Recreational vehicles. No more than three recreational vehicles shall be parked or stored on any lot outside of the main or accessory buildings, either temporarily or permanently. Of the three recreational vehicles allowed, only one may be a motor home, converted bus, camping or travel trailer, or collapsible camper trailer, utility trailer or transporter, horse or cattle trailer, or any similarly used or sized vehicle. Of the three recreational vehicles allowed, only one may be a boat or other watercraft, a trailer meant for such boat or watercraft, or any similarly used or sized vehicle. For purposes of this title, carports open on two or more sides shall not be considered main or accessory buildings.

      (1)   No recreational vehicle shall be parked or stored in a manner that would constitute a traffic hazard or shall be parked, idled or stored in a public street or right-of-way.

      (2)   No recreational vehicle shall be used for living, sleeping or housekeeping purposes, except that one recreational vehicle shall be allowed for occasional living purposes to accommodate visitors for no more than two periods of not longer than 72 hours per calendar month.

      (3)   No recreational vehicle shall be parked in a front or side yard unless parked on a paved driveway or other hard surface as defined in § 11-12-4(C).

   (D)   Private passenger vehicle.

      (1)   Prohibited parking. No private passenger vehicle shall be parked, idled or stored in the front yard or side yard of any residence lying within an agricultural, residential, commercial or industrial district or in the front yard or side yard of any residentially zoned lot.

      (2)   Exceptions.

         (a)   Vehicles parked within a designated parking area such as a garage, carport or driveway; and

         (b)   Lots that have no access to an alley and have no paved driveway, or other hard surface as defined in § 11-12-4(C).

      (3)   Temporary parking permit; disabled persons. Residents with special circumstances such as those with disabilities may seek a temporary parking permit from Code Administration. These permits shall be good for no longer than one year and are personal to the resident requesting same.

   (E)   Violation. A violation of this section has a maximum penalty of $200 plus costs for a first offense, a maximum penalty of $300 plus costs for a second offense and a maximum penalty of $500 plus costs for a third and subsequent offense.

(Prior Code, § 11-14-8) (Ord. 2015-33, passed 10-20-2015)

   Whenever any land or territory is annexed to the City and on the effective date of such annexation the same is leased for oil and gas purposes, nothing in the zoning regulations shall prohibit the drilling for the production of oil and gas or other minerals on said premises under the lease in force upon said annexation.

(Prior Code, § 11-14-9) (Ord. 80-29, passed 12-16-1980)