This chapter shall be known and may be cited as "The Zoning Code of the City of Eureka 2009."

(Code 2008, § 17.10; Ord. No. 09-15, § I(17.10), 11-2-2009)

(a)

The purposes of this chapter shall be:

(1)

Securing adequate light, pure air, and safety from fire and other dangers;

(2)

Conserving the value of land, buildings, and structures throughout the city;

(3)

Lessening and avoiding congestion in the public streets;

(4)

Lessening and avoiding hazards to persons and damage to property resulting from the accumulation or runoff of stormwaters or floodwaters;

(5)

Promoting the public health, safety, comfort, morals and general welfare;

(6)

Regulating and limiting the height and bulk of buildings and structures hereafter to be erected;

(7)

Establishing, regulating and limiting the building or setback lines on or along any street, traffic way, drive, parkway, or stormwater or floodwater runoff channel or basin;

(8)

Regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open spaces within and surrounding buildings and structures;

(9)

Classifying, regulating and restricting the location of trades and industries and the location of buildings, structures and land designed for specified industrial, commercial, residential and other uses;

(10)

Dividing the entire city into districts of such number, shape, area, and such different classes according to the use of land, buildings and structures, intensity of the use of lot area, area of open spaces, and other classification as may be deemed best suited to carry out the purposes of this chapter;

(11)

Fixing regulations and standards to which buildings, structures or uses therein shall conform;

(12)

Prohibiting uses, buildings, or structures incompatible with the character of such districts; and

(13)

Preventing additions to and alteration or remodeling of existing buildings, structures or uses in such a way as to avoid the restrictions and limitations lawfully imposed under this chapter.

(b)

In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements adopted for promotion of the public health, morals, safety, and the general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards shall govern.

(c)

It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land. Where this chapter imposes a greater restriction upon land, buildings, or structures than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control.

(Code 2008, § 17.20; Ord. No. 09-15, § I(17.20), 11-2-2009)

(a)

Except as hereinafter provided, no building or land shall after passage of the ordinance from which this chapter is derived be used or occupied and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is located.

(b)

No building shall after the passage of the ordinance from which this chapter is derived be erected or altered:

(1)

To accommodate or house a greater number of families;

(2)

To occupy a greater percentage of lot area; or

(3)

To have narrower or smaller rear yards, front yards, side yards, or inner or outer courts than is specified herein for the district in which such building is located.

(c)

Control over bulk. All new buildings and structures shall conform to the bulk requirements established herein for the district in which each building or structure shall be located. Further, no existing building or structure shall be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict with, or if already in conflict with, in such a manner as to further conflict with, the bulk regulations of this chapter for the zoning district in which such building or structure shall be located.

(d)

No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.

(e)

All territory which may hereafter be annexed to the municipality shall be the subject of a public hearing by the planning and zoning commission after due notification in the manner appropriate to zoning amendments and within 90 days of the date of such annexation. After such hearing and recommendation of the planning and zoning commission, the status of the new zoning district shall be determined by the city council as an amendment to the zoning code. In the interim between annexation and such council determination, if any, the territory annexed to the city shall be zoned as designated in the annexation agreement.

(f)

Whenever any street, alley, or other public way is vacated by official action of the municipality, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation; and all such included in the vacation shall then henceforth be subject to all appropriate regulations of the extended districts.

(Code 2008, § 17.30; Ord. No. 09-15, § I(17.30), 11-2-2009)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means any building, property, or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises, the use of which is an accessory use to the main or principal use of the property, and which further is detached from the main or principal structure or building on the property.

Accessory use means a use customarily incidental and subordinate to the principal use and located on the same lot with such principal use.

Agricultural uses means the growing of crops in the open and the raising and feeding of stock and poultry, including farming, truck gardening, flower gardening, apiaries, aviaries, mushroom growing, nurseries, orchards, forestry, fur farm, including the necessary structures and farm dwellings for those owning or operating the premises or the immediate families thereof, or those directly employed thereon; and further including a roadside stand for the sale of products produced on the premises, and signs thereon.

Alley means a permanent service right-of-way which affords only a secondary means of access to property abutting such right-of-way and is not intended for general traffic circulation.

Alteration means a change or rearrangement in the structural parts of an existing building, structure, facilities; or an enlargement whether by extending on a side or by increasing height; or the moving from one location or position to another.

Automobile service station means any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuel or oils. When the dispensing, sale, or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.

Bank complex.

(1)

Bank means an institution for keeping, lending, exchanging, and issuing money.

(2)

Complex means made up of a number of parts.

Basement means a story having part but not more than one-half its height below grade.

Board means the planning and zoning commission of the city.

Boardinghouse means a building used for the lodging, with or without meals, of not more than five individuals, and where compensation is paid in money, goods, or labor. A boardinghouse shall comply with all the requirements for a single-family dwelling. A boardinghouse shall be considered one dwelling.

Building means a structure designed, built, or occupied as a shelter or roofed enclosure for persons, animals, or property, including tents, lunch wagons, dining cars, campers, cars, trailers, and other roofed structures on wheels or other supports used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes. For the purpose of this definition, roof shall include an awning or other similar covering whether or not permanent in nature.

Building area means the total area taken on a horizontal plane at the largest floor level of the main or principal building and all accessory buildings on the same lot exclusive of uncovered porches, terraces, steps, or awnings, marquees, and non-permanent canopies and planters.

Building floor area means the sum of the gross horizontal areas of several stories of a building including cellar and basement areas and the areas of roofed porches and terraces. All dimensions shall be measured between exterior faces of walls.

Building floor area habitable means the sum of the horizontal areas of all rooms in a building used for habitation such as living room, dining room, kitchen, bedroom, bathroom, or closet but not including hallways, stairways, service rooms or utility rooms. No unheated rooms such as enclosed porches, or rooms without at least one window or skylight opening onto a yard or court, measured between the interior faces of walls.

Building, front line of, means the line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include steps.

Building, principal, means a building in which is conducted the main or principal use of the lot on which the building is situated.

Bulk means the size of buildings in terms of floor area and floor area ratio, the location of building walls in relation to lot lines and to the exterior walls of other buildings, and the yards, front, side, and rear, required under the terms of this chapter.

Cellar means a story having less than one-half of its height above grade.

City means the City of Eureka, Illinois.

Community center.

(1)

Community means a group of people living together and having similar interests and works.

(2)

Center means a main point or place where there is much activity.

Country estate means a zoning classification which requires single-family detached dwellings with lots at least two acres in area and a lot width at the building setback line of 120 feet or more.

Court means an open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by, but is not enclosed by, the walls of such building.

Coverage means that percentage of the plot or lot area covered by the building area.

Curb level means the average elevation of the established curb of a street taken along the curb line between the points of intersection of the curb line and the lot lines. Where no curb has been established the curb level shall be the average elevation of the land surface along the street right-of-way line and the lot lines.

Day care facility means any person, group of persons, agency, association, entity, or organization, whether established for gain or otherwise, who or which receive or arrange for the care or placement of one or more children or adults unrelated to the operator of the facilities, apart from the parents, established and maintained for the care of children or adults, which regularly provides day care for less than 24 hours per day for either:

(1)

More than eight children or adults in a family home; or

(2)

More than three children or adults in a structure other than a family home.

Dormitory means:

(1)

A large room in which many persons sleep.

(2)

A building providing sleeping and living accommodations.

Driveway width means regulating the maximum width of any residential driveway. No driveway of a single-family residential property shall be wider than 24 feet. No driveway for a multifamily residential property shall be allowed more than two curb cuts for driveway access and the total shall not exceed 48 feet. Each multifamily residential property driveway curb cut shall be no more than 24 feet with five feet minimum distance between curb cuts.

Duplex means a two-family dwelling unit. This type of dwelling unit may be attached, sharing a common wall, semi-detached, sharing some portion of an adjoining structure or detached, defined as two separate units with no adjoining structure built on a single lot.

Duplex, zero lot line, means a two-family dwelling which has been not only designed for separate ownership of each of its two individual dwellings units, but also is approved in accordance with the procedures set within this chapter.

Dwelling group means a group of two or more single-family, two-family, or multifamily dwellings in whatever combination, occupying a lot or lots in one ownership.

Dwelling, multiple, means a building used as a residence for more than two families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, group houses, and row houses; not to include trailer coaches or mobile homes.

Dwelling, single-family, means a permanent building used as a residence exclusively by one family, not to include trailer coaches or mobile homes.

Dwelling unit means a dwelling or portion thereof providing complete living facilities for one family.

Engineer means the person or firm retained as engineer by the city.

Family means a group of one or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption, or marriage, but no unrelated group shall consist of more than five persons, as distinguished from a group occupying a boarding or lodging house or hotel, as herein defined.

Fence means a manmade structure which is constructed for the purpose of or has the effect of enclosing or screening the area it is constructed upon. All portions of the fence, including posts and materials used to set posts must be kept on or inside the property line. If there is a dispute over the location of the property line markers, the property owner constructing the fence must have a survey and show proof of property line before construction. The fence face without post must be faced out to the adjoining property.

Fence, ornamental, means a fence, the surface area of which is more than 50 percent open. Ornamental fences may not have pointed or dangerous projections.

Flag lot.

(1)

The term "flag lot" means a lot where the main or principal building area of the lot does not abut or adjoin a public street but is connected to such public street by a narrow strip of land which is part of the lot. Flag lots shall have a frontage on a public street of not less than 30 feet.

(2)

Flag lots will not be permitted except where such flag lots satisfy all of the following requirements:

a.

Such lots contain a minimum area of one acre, excluding the area of the narrow strip of land connecting the main or principal use area, or the building area, to the public street. Lots outside the corporate limits shall have at least 2½ acres.

b.

Such lots provide for a minimum width at the public street of 30 feet, which minimum width shall be maintained from the public street to the main or principal use area, or building area, of such lot and shall not be a part of an easement, right-of-way or shared street access.

Floor area, gross.

(1)

For the purpose of determining floor area ratio, the gross floor area of a building shall be the sum of the gross horizontal areas of the several floors of such building, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, gross floor area shall include:

a.

Basement space.

b.

Elevator shafts and stairwells at each floor;

c.

Attic floor space provided there is structural headroom of more than 7½ feet;

d.

Interior balconies and mezzanines;

e.

Porches, breezeways and decks, whether or not enclosed; and

f.

Accessory structures.

(2)

Gross floor area for purposes of determining floor area ratio, however, shall not include:

a.

Basement space where more than one-half the basement story is eight feet or less below the average level of the finished grade; (crawl space)

b.

Elevator and stair bulkheads, water tanks, and cooling towers;

c.

Attic floor space where structural headroom is 7½ feet or less; and

d.

Floor space used for mechanical equipment where structural headroom is 7½ feet or less.

Floor area ratio (FAR) means the numerical value obtained by dividing the gross floor area of a building by the total area of the lot or parcel of land on which such building is located.

Garage.

(1)

Private garage means an accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family resident upon the premises, and in which no business, service, or industry connected directly or indirectly with automotive vehicles is carried on; provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one- or two-car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such commercial vehicle shall not exceed five tons.

(2)

Public garage means any building where automotive vehicles are painted, repaired, rebuilt, reconstructed, or stored for compensation.

Governing body means the mayor and city council of the City of Eureka, Illinois.

Height means the vertical measurement from grade to a point midway between the highest and lowest points of the roof of a building or the vertical measurement from the average level of the surface of the ground immediately surrounding a structure to the uppermost portions of such structure.

Hotel. See Motel/hotel.

Kennel means the keeping or housing of three or more dogs six months or older, either as an accessory use or a principal use. Any kennel shall be within a completely enclosed building, or if outdoor runs are provided, they shall be completely enclosed by a woven wire fence, solid fence or fence wall. A kennel or any part thereof shall not be located in any front or side yard, nor within five feet of any side or rear lot line in a rear yard.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory building, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street. The term "lot" shall also include the term "plot" or "parcel."

(1)

If public sanitary sewers are not available and septic tank systems are to be used for sewage disposal, the minimum lot size shall be 20,000 square feet.

(2)

If neither a public sanitary sewer nor a public water system is available, the minimum lot size shall be one acre, with a lot width at the setback line of 120 feet or more.

Lot, corner, means a lot located:

(1)

At the junction of and abutting two or more intersecting streets;

(2)

At the junction of and abutting a street and the nearest shoreline or high water line of a stormwater or floodwater runoff channel or basin;

(3)

At the junction of and abutting two or more stormwater or floodwater runoff channels or basins; or

(4)

At and abutting the point of abrupt change of a single street where the interior angle is less than 135 degrees and the radius of the street is less than 100 feet.

Lot, interior, means a lot other than a corner lot.

Lot line means a line bounding a lot or parcel of property.

Master plan means the complete plan or any of its parts for the development of the city and adopted by the governing body as the official plan.

Motel/hotel means a building or a group of detached, semi-detached, or attached buildings containing guest rooms or dwelling units each of which, or each pair of which, has a separate entrance leading directly from the outside of the building, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of motor vehicle transients. The term "motel/hotel" does not include boardinghouses, or trailer courts.

Nonconforming structure means a structure lawfully existing and which does not conform to the regulations of the district in which it is located.

Nonconforming use means a use which lawfully occupied a building or land prior to the passage of the ordinance from which this chapter is derived, and which does not conform with the regulations of the district in which it is located. For the purpose of this chapter, any use lawfully established prior to the passage of the ordinance from which this chapter is derived which is nonconforming solely by virtue of lacking off-street parking or loading facilities, as required hereafter for new uses, shall not be deemed a nonconforming use.

Nursing or convalescent home means a building containing sleeping rooms where persons are housed or lodged and are furnished with meals and nursing care for hire.

Parking lot means a lot, court, yard, or portion thereof used for the parking of vehicles which may or may not contain parking spaces.

Parking space means an all-weather surfaced area within the lot lines, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one standard automobile, and if the space is enclosed, comprising an area of not less than 140 square feet; if unenclosed, at least 20 feet by ten feet, with an all-weather surface permitting satisfactory ingress and egress of an automobile.

Person means and includes a corporation as well as an individual.

Planned development means a tract of land which is developed as a unit under single ownership or control, which includes two or more main or principal structures and is identified to its main or principal use by its functional definition prefix as dwelling group.

Planning and zoning commission means the planning and zoning commission of the city.

Residential district or zone means R-1 and R-2 districts.

Right-of-way means the entire dedicated tract or strip of land that is to be used by the public for circulation and service.

Ringelmann chart means a smoke chart giving shades of gray to which the density of columns of smoke rising from stacks may be compared. Each such shade of gray is categorized according to a Ringelmann number.

Screen planting means a vegetative material of sufficient height and density to filter adequately from view, in adjoining districts, structures and uses on the premises upon which the screen planting is located.

Setback line means the building restriction line nearest the front of and across a lot establishing the minimum distance to be provided between the line of a structure located on said lot and the nearest street right-of-way or centerline or the nearest shoreline or high water line of a stormwater or floodwater runoff channel or basin.

Service means a helpful act, aid, or conduct that is useful to others.

Sign means any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or governmental agency, or any civic, charitable, religious, patriotic, fraternal or similar organization, or any sign indicating address.

Special use means a use permitted in a district pursuant to, and in compliance with, procedures specified herein.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above, then the space between any floor and the ceiling next above.

Street means a public or private thoroughfare which affords the principal means of access to abutting property. A street may be designated as an avenue, boulevard, drive, highway, lane, parkway, place, road, thoroughfare, or by other appropriate name.

Structure means a combination of materials, other than a building, to form a construction that is safe and stable and includes among other things stadiums, platforms, radio towers, sheds, storage bins, fences, garbage receptacles, dumpsters and display signs.

Structure, main or principal, means the structure in or on which is conducted the main or principal use of the lot on which it is located.

Trailer camp or mobile home park means a tract of land meeting the standards established by the county health authorities and by the state department of health:

(1)

Where two or more inhabited trailer coaches are parked; or

(2)

Which is used by the public as parking space for two or more inhabited trailer coaches.

Trailer coach, mobile home, means any enclosure or vehicle used for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, and which has been or reasonably may be equipped with wheels or other devices for transporting it from place to place.

Trailer court means the premises upon which one or more occupied trailer coaches are located.

Used, occupied or located, as applied to any land, building, use, structure or premises, means and includes the words "intended, arranged or designed to be used or occupied or located."

Yard means an open space, other than a court, of uniform width or depth on the same lot with a structure lying between the structure and the nearest lot line and occupied and unobstructed from the surface of the ground upward except as may be specifically provided by the regulations and standards herein.

Yard, front, means an open space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the front property line. If the front property line is located at the street centerline or section line, then the front yard shall be measured from the front line of the building to the edge of the nearest street use.

(1)

Covered porches, whether enclosed or unenclosed, shall be considered as a part of the main building and shall not project into a required front yard or any closer to the street than any structure in line with the property along a street. For purposes of this chapter, corner lots at two intersecting streets shall have a front yard adjacent each street.

(2)

Reverse frontage lots shall only have one front yard adjacent the street to which the building is numbered or addressed.

Yard, rear, means an open space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the building or any protruding structure and the rear property line.

Yard, side, means an open space and/or distance in feet between the farthest extension of the main or accessory building on the lot to the side lot line, and extending from the front line of the building to the rear line of the building. If a corner lot, the side yard shall be the longest lot line of the inside property lines.

Zero lot means a duplex of which both dwelling units may be sold separately if:

(1)

At the time the dwelling units are severed from common ownership, the owners of the two dwelling units have signed an agreement to run with the land, in a form adequate to ensure access for maintenance and providing for maintenance of the walls and driveways or a set of covenants and restrictions are in place to provide for said maintenance. Nothing in this section shall be interpreted as permitting the construction of any adjacent buildings using only one wall for both buildings; each building shall have its own wall.

(2)

A subdivision plat dividing the lot has been approved by the planning and zoning commission prior to recording. A formal subdivision procedure shall not be required provided theduplex otherwise complies with the requirements of the zoning code, as amended from time to time. Notwithstanding the foregoing, in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this code.

(Code 2008, § 17.50; Ord. No. 09-15, § I(17.50), 11-2-2009)

CHECK LIST FOR SITE PLAN SUBMITTAL TO THE EUREKA PLANNING AND ZONING COMMISSION FOR REVIEW OF PLANS

If all documents required are not submitted with the site plan, they will NOT be reviewed by the Commission.

Office Use only

Commercial - Multiple-Family Residential - Three units or more submitted.

(Code 2008, § 17.40; Ord. No. 09-15, § I(17.40), 11-2-2009)

Zoning variance and miscellaneous fees:

(1)

Application for a variance: $50.00.

(2)

Demolition fee: $25.00.

(3)

Change in use: $25.00.

(4)

Application for a special use: $50.00.

(5)

Moving structure from one lot to another will be a fee of $1,500.00 for permit request. Any foundation or additional construction required will be billed per standard building permit rates. This fee is established to cover the costs involved with police and maintenance labor needed during house moves.

(Code 2008, § 17.1440; Ord. No. 09-06, § I, 5-4-2009; Ord. No. 09-08, § I, 11-16-2009; Ord. No. 11-02, § I, 2-21-2011; Ord. No. 12-12, § I, 7-2-2012; Ord. No. 12-21, § I, 11-5-2012; Ord. No. 15-01, § I, 1-5-2015)

It shall be the intent of the planning and zoning commission to have the public advised of any request for a variance, special use, zoning change or any other request not specified or authorized for a zoning district or the municipal zoning code and subdivision code as included in this code. The following procedure must be followed for any application requiring a public hearing review by the planning and zoning commission for approval.

(1)

Applicant must have completed the procedures for application for any request requiring a public hearing by the planning and zoning commission.

(2)

Applicant shall pay an application fee of $25.00 plus reimbursement for the cost of publication and posting, for any request requiring a public hearing, review and approval by the planning and zoning commission and this shall be submitted with the application. Each request shall constitute a separate application and a separate fee shall apply.

(3)

Applicant shall pay the cost to publish the notice of the public hearing.

(4)

Posting requirements.

a.

A public notice sign must be posted for any request requiring a public hearing by the planning and zoning commission.

b.

Applicant shall use the signs provided by the city for public notice. A 24-inch by 36-inch sign shall be purchased from the city at a cost of $20.00 per sign. There shall be a minimum of one sign posted on each property included in and for which an application has been submitted for consideration by the planning and zoning commission at a public hearing.

c.

Signs shall be erected not more than ten feet from each boundary of the property that abuts a public road/street unless greater distances are required to enhance visibility. The zoning administrator shall determine the number of signs to be posted on the property to meet this requirement. If the property does not abut a public road, the signs shall be posted where they can be readily seen by the public. Signs shall be posted at the two nearest intersecting streets. The zoning administrator shall have final approval of sign site location.

d.

All information listed on the public notice sign must be complete. Applicant shall print clearly all information so it is easily readable by the public. The zoning administrator shall have final approval on whether adequate information has been provided and to determine legibility of sign information. The applicant is responsible for maintaining the sign and legibility of information contained therein.

e.

The signs for public notice for any public hearing shall be posted not less than 14 days prior to the date of the hearing. The signs must remain posted until the date of the public hearing. Failure to post and maintain the signs will postpone the hearing.

(Code 2008, § 17.460; Ord. No. 09-15, § I(17.460), 11-2-2009)

This chapter shall be enforced by the city building inspector who shall be appointed by the mayor and hold a one-year contract with the city with the consent of the city council. No building permit or certificate of occupancy shall be issued by him except where the provisions of this chapter shall have been complied with.

(Code 2008, § 17.970; Ord. No. 09-15, § I, 11-2-2009)

Except for any agricultural use, it shall be unlawful to establish any use of a building, structure, or land, either by itself or in addition to another use, or to erect a new building or structure, or part thereof, or to rebuild, structurally alter, add to, or relocate any building or structure, or part thereof, without obtaining a permit from the city in accordance with the following regulations:

(1)

Applications for permits shall be filed in written form with the city, shall state the legal description of the property, the name and address of the owner, the applicant and the contractor, the estimated value of the completed improvement, and shall describe the uses to be established or expanded, and shall give such information as may be required by this chapter for its proper enforcement.

(2)

All applications for a building permit shall be accompanied by a dimensioned drawing of the lot or parcel of land, which dimensioned drawing shall show the location of all improvements, existing and planned, including, but not limited to, buildings, patios, decks, automobile parking areas and driveways, fences and pools and any and all perimeter landscaping and/or screening required. For those lots which are part of a subdivision for which a stormwater drainage plan has been approved pursuant to the subdivision code, all applications for building permits shall be accompanied by a dimensioned drawing of the lot or parcel of land showing the location of all improvements, as previously described hereinabove, and showing conformance with the applicable stormwater drainage plan for the subdivision. For commercial and industrial developments, all applications for building permits must comply in all respects to the stormwater control provisions of the subdivision code, including limitation, and, as amended from time to time. Residential developments not a part of a subdivision for which a stormwater drainage plan has been approved is not required to meet this requirement.

(3)

Each permit issued for a main building shall also cover any accessory structures or buildings constructed at the same time on the same premises, and such permit shall be posted in plain sight on the premises for which it is issued until completion of construction or occupancy.

(4)

Any work or change in use authorized by permit but not substantially started within 90 days shall require a new permit. Once work has begun, such work not completed within two years shall require a new permit. A permit shall be revoked by the building inspector when he shall find from personal inspection or from competent evidence that the rules or regulations under which it has been issued are being violated.

(5)

All applications and a copy of all permits issued shall be systematically filed and kept by the city.

(6)

Fees. To partially defray expenses of administering the chapter a fee where required shall be charged for each permit and collected by the city who shall account for the same to the municipality. A filing fee of $25.00 shall be charged for each permit, plus an additional $2.50 per $1,000.00 of construction value. With exception to permits issued for pools, fences, and storage sheds under 200 square feet, the above fee shall be no less than $25.00. If construction commences without a valid building permit, the above fee shall be doubled. There shall be no refund of any permit fees paid hereunder. The above fee shall not be required to be paid by any tax supported unit or district. Construction value for all new building construction shall be calculated using the most recent edition of the R. S. Means Square Foot Costs.

(7)

A permit shall be required for interior alterations and improvements on existing structures other than one- and two-family dwellings when a change of use to a more hazardous use occurs. The degree to which a use is deemed more hazardous shall be determined by its classification in the city's most recently adopted version of the International Building Code. No permit shall be required for maintenance and interior alterations and improvements on existing one- and two-family dwellings.

(8)

The finished site elevations shall allow for the habitable improvements constructed on the site to:

a.

Have a finished grade with a slope of two percent away from the foundation; and

b.

The finished floor, excluding subterranean floors, to have a minimum height of one foot above the elevation of drainage ways upon or adjoining the property upon which the habitable improvement is located.

(Code 2008, § 17.980; Ord. No. 09-15, § I(17.980), 11-2-2009)

(a)

No land shall be occupied or used and no building hereafter erected, structurally altered, or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the building inspector.

(b)

All certificates of occupancy shall be applied for coincident with the application for building permit, and said certificate shall be issued within three days after the construction shall have been approved. Approved public utilities must be connected to any residence and in use, prior to the issuance of an occupancy permit.

(c)

Certificates of occupancy for the use of vacant land 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 the application has been made, provided such use is in conformity with the provisions of this chapter.

(d)

The city shall maintain a record of all certificates and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.

(e)

No permit for excavation for, or the erection or structural alteration to any building shall be issued until an application has been made for a certificate of occupancy.

(f)

No occupancy of a structure shall take place until a certificate of occupancy has been issued. In cases where there are no life safety issues that would endanger the occupants of the structure or the public, the city may issue a temporary certificate of occupancy that is valid for a period of time agreeable to the city but not to exceed 90 days. A temporary certificate of occupancy will only be issued if there are extenuating circumstances that have not allowed construction to be completed. The contractor must deposit with the city a refundable fee of $1,000.00. The building inspector shall be provided access into the structure in order to complete the inspection. All applicable fees for additional inspections must be paid to the city before the final occupancy certificate is granted. If a final inspection is not approved within the approved length of time not to exceed 90 days, the entire $1,000.00 will be forfeited.

(Code 2008, § 17.990; Ord. No. 09-15, § I(17.990), 11-2-2009; Ord. No. 15-05, § I, 4-6-2015)

(a)

The city council may from time to time, on its own motion or on petition after report by the planning and zoning commission and after hearing and public notice of such hearing given by publication in the city at least 15 days before the time of hearing, amend, supplement, or change by ordinance, the regulations and districts herein or subsequently established. In addition to the public notice referred to above, written notice of all proposed zoning amendments shall be given to the owners or inhabitants of all parcels of land adjoining the property under consideration for rezoning. This additional notice shall be mailed or delivered by the city clerk to the address of the adjoining property, or to the owner if that address is different than the adjoining property and such different address is known to the clerk. In addition, a sign shall be posted on the premises seeking rezoning, stating the proposed zoning change. The failure of the clerk to send or the failure of the owner or occupier of the adjoining parcels to receive said additional notice, or the failure to post a sign, shall not affect the validity of any ordinance amending the zoning code.

(b)

In addition to any power herein granted or contained, the city council reserves and retains the power to determine and vary by ordinance the application of the regulations herein contained in harmony with their general purpose and intent in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations relating to the use, construction, or alteration of buildings or structures or the use of land. However, no such variance shall be made by the corporate authorities as specified without a hearing before the board of appeals.

(c)

Whenever owners of 50 percent or more of the street frontage in any block shall present to the city council a petition, duly signed and acknowledged, requesting such amendment or reclassification, it shall be the duty of the city council to refer this petition to the planning and zoning commission to hold a hearing thereon, as provided by statute.

(d)

Before any action shall be taken under this chapter, the party petitioning for a change shall deposit with the city clerk the sum of $25.00 plus reimbursement for the cost of publication and posting, and under no condition shall this sum or any part thereof be refunded for failure of the amendment to be enacted into law.

(Code 2008, § 17.1000; Ord. No. 09-15, § I(17.1000), 11-2-2009)

APPLICATION FORM; ZONING PETITION CITY OF EUREKA ZONING PETITION

Petition for (check appropriate item(s)):

___ Zoning Amendment

___ Special Use

___ Variance

___ Appeal

Petitioner Name: _____ _____

Address: _____

Phone: _____

Name of Owners of Property: _____

A copy of the deed or mortgage conveying the property to the owners must be attached hereto; said deed or mortgage to contain an accurate legal description of the property.

A statement must be attached to this petition stating in detail the intended use of the property.

The specific use requested is _____ and the current zoning classification is ___. Also indicate the zoning classification of all adjacent properties. North, South, East, and West.

Attach a drawing describing with reasonable accuracy the location of the property in question and all adjoining properties, residences, fences and other structures that might be affected by the zoning or special use. Lot size, building sizes, distance of structure from lot lines, and location of parking lots, municipal water and sewer services, all easements on the property and driveways are also needed.

In the case of Special Use request, a statement must be attached reciting facts as to why the Special Use is needed, both in the neighborhood and the community, and any impact the Special Use will have on the use of neighboring property, on traffic patterns, and on the capacity of City facilities, such as water mains and sewer mains to serve the area.

It shall be the responsibility of the petitioner to contact the chairman of the Planning and zoning commission at least forty-eight (48) hours prior to the public hearing to determine if the Commission will need additional information. Failure to contact the chairman may result in the Planning and zoning commission deferring action until the following month's meeting.

Dated ________, 20___.

_____ _____

Signature of owners Signature of occupants (who are not owners)

___ FEES PAID___ SITE PLAN SUBMITTED___ FLOOR PLAN SUBMITTED

Site Plan - Required Drawing must be ruled on graph paper showing all requirements listed.

___Drawing of the lot showing lot size

___Streets, intersections, driveways

___Location of all buildings, fences, etc., on lot showing distances from - front - side - rear property lines

___Municipal water and sewer lines

___Easements on the lot

___Adjoining properties, residences, fences and other structures with distances to property line

___Zoning of property and surrounding property

In case a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the proper authorities of the city council, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance, or use; to restrain, correct, or abate such violation; to prevent the occupancy of said building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises.

(Code 2008, § 17.1010; Ord. No. 09-15, § I(17.1010), 11-2-2009)