(a)

Reduced lot area. No lot shall be so reduced in area that any required open space will be smaller than prescribed in the regulations for the district in which the lot is located. Whenever such reduction in lot area occurs, any building located on this lot shall not thereafter be used until the building is altered, reconstructed, or relocated so as to comply with the area and yard requirements applicable thereto.

(b)

Dwelling on small lots. Notwithstanding the limitations imposed by any other provisions of this chapter, the planning and zoning commission shall permit erection of a single-family dwelling in a district permitting such use on a lot, separately owned or under contract of sale and containing, on or before January 1, 1988, an area or a width smaller than that required for a single-family dwelling, but complying with all other requirements for dwellings; and provided that adjacent lots in common ownership shall be combined to equal or approach the standard minimum size requirements.

(c)

Visibility at intersections. On a corner in any residence district no fence, wall, hedge earth terraces, parking facilities, or other structure or plant which would obstruct motor vehicle visibility of traffic approaching the corner or intersection, shall be erected, placed, or maintained within the triangular area formed by the intersecting lot lines nearest the street intersection, and a straight line joining said lot lines at points which are 20 feet distant from the point of intersecting lot line.

(Code 2008, § 17.710; Ord. No. 09-15, § I(17.710), 11-2-2009)

(a)

Terraces. A terrace shall not be considered as a part of the structure in determining the lot area if such terrace is unroofed.

(b)

Projecting architectural features. Projecting architectural features shall not encroach upon required yards.

(c)

Projecting architectural features of business properties. All overhanging awnings and similar structures must be at least eight feet six inches above the sidewalk at any point, and overhanging signs, canopies, marquees, and similar structures must be a minimum of eight feet six inches above the sidewalk at any point. Such structures cannot project closer than one foot to any driveway.

(d)

Fire escapes. Open fire escapes should not extend into any required yard. Fire escapes may not extend more than four feet six inches.

(e)

Location of accessory buildings. Any accessory building or building overhang shall not extend any closer than 2½ feet from any side and/or rear lot lines and cannot be placed on a recorded easement.

(f)

Mechanical equipment. Mechanical equipment, including, but not limited to, outdoor heating and cooling equipment, generators, refuse compactors, and other noise-producing equipment ancillary to any nonresidential use must be located no more than five feet from the principal structure. Such equipment must not be placed within any required yard or setback, or within ten feet of the property line whichever is greater and must also meet screening requirements as applicable in this chapter. No structure or any part of the structure shall encroach on the 2.5-foot setback for side or rear yards.

(Code 2008, § 17.720; Ord. No. 09-15, § I(17.720), 11-2-2009)

(a)

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

Driveway means the area of any residential property designed for vehicular ingress and egress to and from the property including any such area as shall have been prepared for the parking of vehicles. Such portion of the driveway situated in the front yard shall not exceed the width of the garage plus 12 feet. In the event the dwelling has no garage, the maximum width of a driveway in the front yard shall be 24 feet. The above notwithstanding, in no event shall a driveway in the front yard be wider than 24 feet nor may the width be more than 40 percent of the frontage width at the setback line, whichever is less.

(1)

No driveway curb cut of a single-family residential property shall be wider than 24 feet.

(2)

No driveway curb cut for a multifamily residential property shall be allowed more than two curb cuts for driveway access and each curb cut shall not exceed 24 feet. The total combined curb cut for a multifamily residential property shall not exceed 24 feet.

Employee or number of employees means the greatest number of persons to be employed in the building in question during any season of the year at any time of the day or night.

Off-street parking space.

(1)

The term "off-street parking space" means a space of 180 square feet of appropriate dimensions for the parking of an automobile, exclusive of the access drives or aisles thereto.

(2)

All off street parking for property zoned as industrial, commercial, residential or agriculture shall allow adequate turning radius for a parking space or structure used to park cars, so that the entire turning radius for egress or ingress into any parking space or structure is maintained on the lot or property upon which the parking is provided. A minimum of 19 feet shall be provided.

(3)

For the purpose of this application, hard surfaces that are required for "off-street parking" will include areas designated for public parking and areas visible to the public only.

Seating means the seating capacity of a particular building as determined by the specifications and plans filed with the city planning and zoning commission; in the event individual seats are not provided, each 24 inches of benches or similar seating accommodations shall be considered as one seat for the purposes of this section.

Vehicle means all motor vehicles and trailers, including, but not limited to, automobiles, trucks, travel trailers, campers, motor homes, tent trailers, boats, boat trailers, snowmobiles, snowmobile trailers, and camping trailers. No such vehicles shall be parked outside a garage on more than ten percent of the area of the lot on which the dwelling is located, measured from the front line of the dwelling rearward, and including the area of the lot on which the dwelling is located.

(b)

Off street parking required.

(1)

In the use of land for residential, commercial, industrial, or any other purposes, no residential, commercial, industrial, or any other building or structure shall be erected without the required off-street parking. No major repairs can be made to an existing residential, commercial, industrial, or any other building or structure, unless there are in existence upon the lot the required minimum parking spaces and additional room for required parking spaces as defined in this chapter. Unless provision is made for the location on the lot, concurrently with the erection or major repairs, off-street parking space on the basis of the following minimum requirements:

a.

Dwellings.

1.

A one-family dwelling shall have at least two off-street parking spaces.

2.

A two-family dwelling shall have at least four off-street parking spaces.

3.

A dwelling occupied by three or more families shall have two parking spaces per family.

b.

Hotels, including clubs, lodginghouses, tourist homes and cabins, motels, trailer courts, camps in parks, boardinghouses and roominghouses, dormitories, sororities, fraternities, and all other similar places offering overnight accommodations shall have at least one off-street parking space for each one guest room.

c.

Hospitals, including sanitariums, asylums, orphanages, convalescent homes, homes for the aged and infirmed, and all other similar institutions shall have at least one off-street parking space for each four patient beds, plus at least one additional off-street parking space for each staff and visiting doctor, plus at least one additional off street parking space for each three employees, including nurses.

d.

Restaurants, including bars, taverns, night clubs, lunch counters, diners, and all other similar dining or drinking establishments shall have at least one off-street parking space for each four seats provided for patrons' use.

e.

Theaters, including motion picture houses shall have at least one off-street parking space for each six seats provided for patrons' use.

f.

Places of public assembly, including private clubs, lodges, and fraternal buildings not providing overnight accommodations, assembly halls, exhibition halls, convention halls, skating rinks, dance halls, bowling alleys, sports arenas, stadiums, gymnasiums, amusement parks, race tracks, fairgrounds, circus grounds, funeral homes, mortuaries, community centers, libraries, museums, and all other similar places of relatively infrequent public assembly shall have at least one off-street parking space for each four seats provided for patrons use, or for each four persons in average attendance when seats are not provided for all patrons.

g.

Auditoriums shall have at least one off-street parking space for each four seats provided for patrons' use.

h.

Churches shall have at least one off street parking space for each eight fixed seats in the main worship hall of the church.

i.

Schools shall have, for grade and junior high schools, at least one parking space for each 20 students of design capacity; and for high schools, at least one parking space for each seven students of design capacity.

j.

Wholesale, manufacturing, and industrial plants, including warehouses and storage buildings and yards, public utility buildings, contractors equipment and lumber yards, research laboratories, business service establishments such as blueprinting, printing, and engraving, soft drink bottling establishments, fabricating plants, and all other structures devoted to similar mercantile or industrial pursuits shall have at least one off-street parking space per two employees plus one space per company vehicle.

k.

Retail establishments, including personal service shops, equipment or repair shops, gasoline or other motor fuel stations, motor vehicle sales or repair establishments, all retail stores and businesses, and banks or other financial and lending institutions shall have at least one off-street parking space for each 400 square feet of gross floor area.

(2)

Office buildings, including commercial, governmental and professional buildings, and medical and dental clinics shall have at least one off-street parking space for each 300 square feet of gross floor area.

a.

On the same premises with every building devoted to retail trade, retail and wholesale food markets, warehouses, supply houses, wholesale or manufacturing trade, hotels, hospitals, laundries, dry-cleaning establishments, or other buildings where large amounts of goods are received or shipped, erected in any district, there shall be provided loading and unloading space as follows:

1.

Buildings of 10,000 square feet of floor area shall have one off-street loading space plus one additional off-street loading and unloading space for each additional 14,000 square feet of area.

2.

Each loading space shall be not less than 14 feet in width and 50 feet in length.

b.

Where parking is provided, handicap accessible parking spaces shall be provided in compliance with the following table, except as required by sections 1106.2 through 1106.4 of the International Building Code. The number of accessible parking spaces shall be determined based on the total number of parking spaces provided for the facility.

1.

Exception. This section does not apply to parking spaces used exclusively for buses, trucks, other delivery vehicles, law enforcement vehicles or vehicular impound and motor pools where lots accessed by the public are provided with an accessible passenger loading zone.

2.

Hospital outpatient facilities. Ten percent of patient and visitor parking spaces provided to serve hospital outpatient facilities shall be accessible.

3.

Rehabilitation facilities and outpatient physical therapy facilities. Twenty percent, but not less than one, of the portion of patient and visitor parking spaces serving rehabilitation facilities and outpatient physical therapy facilities shall be accessible.

(3)

In case of a use not specifically mentioned, the requirements for off-street parking or off-street loading for a use which is so mentioned and to which said use is similar, shall apply.

(4)

The off-street parking facilities required for the uses mentioned in this section, and for other similar uses, shall be on the same lot or parcel of land as the structure they are intended to serve, but in case of nonresidential uses when practical difficulties prevent their establishment upon the same lot, the required parking facilities shall be provided within 300 feet of the premises to which they are appurtenant.

(5)

No part of an off-street parking area required for any building or use for the purpose of complying with the provisions of this section shall be included as a part of an off-street parking area similarly required for another building or use unless the type of structure indicates that the period of usage of such structures will not be simultaneous with each other.

(6)

In case of mixed uses, the total requirement for off-street loading space shall be the sum of the requirements of the various uses computed separately as specified in this chapter, and the off-street loading space for one use shall not be considered as providing the required off-street loading space for any other use.

(7)

Nothing in this section shall be construed to prevent the joint use of off-street parking or off-street loading for two or more buildings or uses, and the total of such spaces when used together shall not be less than the sum of the requirement of the various individual uses computed separately in accordance with this chapter.

(8)

All off-street parking facilities that are visible to the public and required pursuant to the provisions of this section shall be surfaced with asphalt, concrete, or bituminous cement binder pavement and shall be graded and drained to dispose of all surface water. Any lighting in connection with off-street parking shall be so arranged as to reflect the light away from all adjoining residence buildings, residence zones, or streets.

(9)

No certificate of occupancy will be issued upon completion of any building or repair operations unless and until all off-street parking requirements shown upon the plans, or made a part of the building permit, shall be in place and ready for use.

(10)

Off-street parking of vehicles shall not be allowed in the front yards in residential districts upon any unimproved surface. As used in this section, the term "unimproved surface" includes, but is not limited to, grass and dirt surfaces.

(11)

Off-street parking of vehicles in residential districts shall be allowed under the following provisions when not in conflict with subsection (b)(10) of this section:

a.

Parking is prohibited in the front yard beyond the front line extended of the dwelling unit unless upon a driveway and provided that the vehicle at no time is parked within the public right-of-way or within the site triangle; the site triangle being the imaginary triangular area formed by the intersecting lot lines nearest the street or alley intersection, and a straight line adjoining said lot lines at points which are 20 feet from the point of intersecting lot lines.

b.

Vehicles may be parked in garages, sheds, or driveways, and in side and rear yards, subject to the other provisions specifically stated in this article. However, no abandoned or inoperative vehicles as defined in this Code may be parked anywhere on a property except in enclosed garages or sheds.

c.

Setbacks for the parking of vehicles outside a garage for more than 30 consecutive days shall meet the following standards:

1.

Front yard. Five feet from the dwelling side of a sidewalk used by the public, or if there is no such sidewalk, then ten feet from the street pavement. The above notwithstanding, no vehicle shall be parked on a driveway within the public right-of-way. For purposes of this subsection only, corner lots shall be deemed to have only one front yard; that front yard being the one located adjacent to the street for which the property is addressed, subject to the other provisions specifically stated in this article.

2.

Side yard. Five feet; except that the five-foot setback requirement shall not apply where there is no building on an adjoining lot within ten feet of the vehicle.

3.

Rear yard. Zero feet, subject to the other provisions specifically stated in this chapter.

(12)

Individual subdivision covenants which are more restrictive than the provisions of subsection (b)(11) of this section will continue to be enforceable by private action according to their terms.

(13)

All off street parking for property zoned as industrial, commercial, residential or agricultural shall allow adequate turning radius for a parking space or structure used to park cars, so that the entire turning radius for egress or ingress into any parking space or structure to be used to park cars is maintained on the lot or property upon which the parking is provided.

(c)

Penalty. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with the off-street parking provisions of this chapter shall correct the condition or violation within seven days of the mailing by the city of a written notice to the occupant of the dwelling. If such occupant fails after receiving the seven-day notice to correct the violation, the city may make application to the circuit court for an injunction or other injunctive relief requiring conformance with the provisions in this chapter or obtain such other order as the court deems necessary to secure compliance with the off-street parking provisions.

(Code 2008, § 17.730; Ord. No. 09-15, § I(17.730), 11-2-2009; Ord. No. 15-04, § I, 4-6-2015; Ord. No. 19-16 , § I, 10-21-2019)

No building shall be erected, reconstructed, relocated, or structurally altered so as to have a greater height than permissible under the limitations set forth herein for the district within which such building is located, except that antennas, satellite dishes, parapet walls, chimneys, cooling towers, elevator bulk heads, fire towers, grain elevators, silos, spires, steeples, stacks, stage towers or scenery lifts, water towers, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other rules and regulations of the city.

(Code 2008, § 17.740; Ord. No. 09-15, § I(17.740), 11-2-2009)

(a)

The lawful use of any building or structure existing on or before January 1988 may be continued, although such use does not conform with the provisions of this chapter.

(b)

A nonconforming use shall not be extended, but the extensions of a lawful use to any portion of the building designed for a nonconforming use which existed prior to January 1988, shall not be deemed the extension of such nonconforming use. Any such valid extension must meet the lot area, side yard, front yard, and rear yard requirements provided for that district in which the nonconforming building is located. A nonconforming use of land shall not be extended, or moved to another area of the plot, or increased in intensity of use.

(c)

A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50 percent of the current fair value of the building unless said building is changed to a conforming use. A building designed for a nonconforming use, however, may be reconstructed or altered beyond the limitations herein provided by the action of the planning and zoning commission, after public hearing as required by law in case of variances. The limitations herein provided shall not prohibit the restoration to a safe condition of any structure or portion thereof declared unsafe by a proper authority.

(d)

If a nonconforming use has ceased for any period of time, it shall not be reestablished unless the nonconforming use was in a building designed, arranged, and intended for such use.

(e)

Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use shall not be substituted or added to another nonconforming use.

(f)

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.

(Code 2008, § 17.745; Ord. No. 09-15, § I(17.745), 11-2-2009)

(a)

Identification of structures required to comply. The following structures shall be equipped with a key lock box at or near the main entrance or such other location as required or permitted by the chief of the fire department, or its successor organization:

(1)

Commercial and industrial structures protected by an automatic alarm system or automatic suppression system, or commercial and industrial structures that are secured in a manner that restricts access during an emergency;

(2)

Multifamily residential structures having more than four residential units that have restricted access through locked doors and have a common corridor for access to the living units; and

(3)

Governmental structures and nursing care facilities.

(b)

Contents of key lock box. The key lock box must contain the keys for the exterior doors, the keys for all the interior doors within the structure, a card containing the emergency contact people and telephone numbers for the structure, and a scaled floor plan of the structure. In lieu of having the interior keys at the exterior locations, a second key lock box may be located within the main lobby of the structure to hold the interior keys. All keys within the key lock box shall be labeled for easy identification either by the tenant name or indexed to the floor plan of the structure and must be kept current.

(c)

Certain structures need not comply. All structures in existence on May 1, 2015, and all such structures not in existence on July 1, 2004, but for which a building permit was issued prior to May 1, 2015, shall not be subject to the provisions of this section, with the exception of multifamily residential structures having more than four residential units that have restricted access through locked doors and have a common corridor for access to the living units.

(d)

New construction. All structures required to be equipped with a key lock box as provided above, for which a building permit is issued on or after May 1, 2015, must have a key lock box installed and operational prior to the issuance of a certificate of occupancy by the city.

(e)

Substantial improvements to existing structures. If any structure required to be equipped with a key lock box as provided above is substantially improved on or after May 1,2015, such a substantially improved structure must have a key lock box installed and operational prior to the issuance of a certificate of occupancy by the city. The term "substantial improvement to an existing structure," for purposes of this section, shall mean an improvement to or involving the exterior of the structure and costing not less than $25,000.00.

(f)

Type of key lock box system. The fire chief will designate the type of key lock box system to be used and implemented within the city, and will have the authority to require all structures that are described in subsection (a) of this section to use the designated system.

(g)

Rules and regulations. The fire chief is authorized to implement rules and regulations for the use of the lock box system by the fire department.

(Code 2008, § 17.747; Ord. No. 15-07, § I, 4-20-2015; Ord. No. 15-15, § I, 7-20-2015)

(a)

Purpose. The planning and zoning commission finds that it is in the best interest of the health, safety, and general welfare of the residents and visitors of the city that minimum building design standards be established for new building construction within the city. It is the specific intent of the city to:

(1)

Minimize adverse impacts of new development upon adjoining properties and existing land uses;

(2)

Encourage a basic level of architectural variety and quality; and

(3)

Conserve and enhance the built environment and visual appeal of the community.

(b)

Applicability. Building design standards shall be required in all city zoning districts as follows:

(1)

At the time of placement, construction, or expansion of any principal building.

(2)

At the time of placement, construction, or expansion of any accessory building that will exceed 400 square feet in total area on one or more floors.

a.

Nonresidential developments. All nonresidential developments, including, but not limited to, business, commercial, industrial, manufacturing, or institutional uses, shall require a minimum 35 percent brick, stone, stucco, or other decorative masonry on any portion of a building exterior that includes a public entrance or fronts a public street.

b.

Exterior doors and windows shall be excluded from the calculation of applicable surface area.

c.

Acceptable decorative masonry shall include split faced block, fluted block, glazed block, ceramic, simulated stucco, simulated brick, simulated stone, or other decorative concrete masonry units. Simulated panelized sheathing and smooth face concrete block, painted or unpainted, shall not be considered decorative masonry.

d.

Other decorative materials appropriate for the business or institutional applications that achieve the above-stated purposes may be acceptable upon review and approval by the planning and zoning commission.

e.

Large-scale commercial developments. All developments within any B-1 or B-2 zoning district containing 60,000 or more total square feet on one or more floors shall comply with the following minimum design and construction standards:

1.

A minimum 90 percent brick, stone, stucco, or other decorative masonry is required on any portion of a building exterior that includes a public entrance or fronts a public street. A minimum 35 percent brick, stone, stucco, or other decorative masonry is required on all remaining sides of the building.

2.

Exterior doors and windows shall be excluded from the calculation of applicable surface area.

3.

Acceptable decorative masonry shall include split faced block, fluted block, glazed block, ceramic, simulated stucco, simulated brick, simulated stone, or other decorative concrete masonry units. Simulated panelized sheathing and smooth face concrete block, painted or unpainted, shall not be considered decorative masonry.

4.

Other decorative materials appropriate for the business or institutional application that achieve the above-stated purposes may be acceptable upon review and approval by the planning and zoning commission.

5.

Any building or portion of a building exterior that includes a public entrance or fronts a public street shall not exceed 100 lineal feet in wall length without providing architectural relief in the facade. Architectural relief shall consist of using arcades, cornices, eaves, gables, focal points, or other offsets in elevation. This requirement may be modified upon review and approval by the planning and zoning commission if a substantial portion of the wall length is blocked from view.

f.

With the construction of any new residence for which a building permit is sought, a yard light which shall operate automatically from sunset to sunrise shall be located in the front yard ten feet from the front lot line and within three feet of the driveway. All wiring for any yard light shall be buried underground a minimum depth of 24 inches in accordance with the National Electrical Code.

g.

Prohibited buildings. The placement and outdoor use of garbage receptacles, shipping containers or freight storage units (including, but not limited to, sea-land containers, railroad car bodies, trailers, truck and bus beds, etc.) for purposes other than the original manufactured intent is prohibited in all zoning districts unless one or more of the following exceptions are met:

1.

The container or unit is used in a manner consistent with the original manufactured intent and is otherwise permitted by this chapter.

2.

The container or unit is a component of an approved special use.

3.

The container or unit will be used for temporary, supplemental storage of goods or materials for no more than 90 days in a calendar year.

4.

The container or unit will be used for temporary storage or disposal of materials associated with construction or remodeling of a principal building. In such instance, the container shall be removed upon project completion and within a one-year period.

(Code 2008, § 17.749; Ord. No. 09-15, § I(17.748), 11-2-2009)

Where elevators are provided at least one elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher 24 inches by 84 inches (610 mm by 2134 mm) with not less than five-inch (127 mm) radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than three inches (76 mm) in height and shall be placed inside on both sides of the hoist way doorframe.

(Code 2008, § 17.749; Ord. No. 15-16, § I, 7-20-2015)

Storage and self-storage facilities will be located on no less than three-quarters of an acre in approved districts and are subject to the following requirements and conditions:

(1)

No business will be based out of a storage unit.

(2)

The storage of any toxic, explosive, corrosive, flammable or hazardous materials is prohibited.

(3)

Facilities will be maintained in a manner that will prevent the attraction or infestation of rodents or other similar nuisances.

(4)

Storage of licensed and operable vehicles will be allowed on grounds with planning commission approved screening. Yards and buildings will be maintained as to not create a nuisance or eyesore.

(5)

No one may occupy a storage unit or storage facility as a habitat.

(Ord. No. 19-02 , § I, 8-19-2019)

Stadium Lights will also encompass outdoor sports, recreation and entertainment lighting and are subject to the following:

(1)

Stadium lights will require a special use permit and approved building permit before proceeding.

(2)

Facilities will follow the standards set forth by the Illuminating Engineering Society of North America for sports lighting.

(3)

No flashing or search lights shall be permitted.

(4)

Lights must be extinguished no later than 11:00 p.m.

(5)

The number of nights that the lights may be used at any sports/recreation/entertainment venue will not exceed 90 in any calendar year.

( Ord. No. 19-03 , § I, 10-21-2019)