The uses specified in this Chapter shall be permitted only after approval as set forth herein. (Ord. 4-8-86, 4-8-1986)

(Rep. by Ord. 2021-8, 11-11-2021)

Where a parcel of land at the time of the adoption of the Ordinance codified herein was at least one and eight-tenths (18/10) times as wide and one and eight-tenths (18/10) times as large in area as required for a lot in the zone, the Board of Adjustment may permit the division of a parcel into two (2) lots, provided:

   A.   Building Concentration: Such division will not cause undue concentration of buildings.

   B.   Zone Character: The characteristics of the zone in which the lot is located will be maintained.

   C.   Values Safeguarded: In the opinion of the Board of Adjustment, values in the area will be safeguarded. (Ord. 4-8-86, 4-8-1986)

Water, sewer and electric buildings and structures may be constructed in all residential zones, subject to the approval of the Board of Adjustment. The Board of Adjustment may require conditions which are reasonably necessary to protect surrounding property values and residential amenities. (Ord. 4-8-86, 4-8-1986)

Except as may be authorized through the approval of a large scale development, each lot shall abut upon a City-maintained street. The length of said abutting side as measured at the setback line shall be not less than the minimum frontage requirement of the zone; provided however, that the Planning Commission may authorize a reduction of the minimum frontage requirement subject to the following conditions:

   A.   Minimum Distance: That the lot will abut the City- maintained street for a minimum distance of thirty five feet (35').

   B.   Area, Width And Setback Requirements: That the buildable portion of the lot shall comply with the minimum area, width and setback requirements of the zone.

   C.   No Adverse Conditions: That the lot configuration created by the granting of the reduction will not result in an undue adverse condition for the property development of adjacent properties.

   D.   Necessary: That in the opinion of the Planning Commission, the reduction of the frontage requirement is necessary to more fully promote the effective and proper development of the City.

All lots in an approved subdivision plat which have frontage of less than the minimum shall be considered as having qualified under the frontage reduction provisions of this Section. (Ord. 4-8-86, 4-8-1986)

Uses of land which are not expressly permitted within a zone are expressly prohibited therein, except as may be permitted by action of the Board of Adjustment pursuant to express authority under terms of this Title. The Board of Adjustment shall not permit a use within a zone which is not expressly permitted by the terms of this Title unless it can be shown that the use is similar to other uses permitted in the zone. Where the Board of Adjustment determines a use to be similar, such use shall thereafter be deemed to be a permitted use as if it were listed therein on the effective date hereof. (Ord. 4-8-86, 4-8-1986)

   A.   Application For Permit: No permit for the moving of any residential, commercial or industrial building within the City, which has had prior use shall be issued, as required under Chapter 3 of this Title, without first filing an application with the Zoning Administrator. Said application shall contain the following information:

      1.   Location and address of the old and new site.

      2.   Plot plan of the new location, also showing adjacent lots on all sides of the property and indicating all structures and improvements on said lots.

      3.   Plans and specifications for the proposed improvements at the new location, including plans for landscaping treatment when required by the Zoning Administrator.

      4.   Certification by the Zoning Administrator that the structure is sound enough to be moved and that the condition, location and use of the building will comply with this Zoning Title and all other applicable codes and ordinances.

   B.   Findings Required: Before approving said application and authorizing the issuance of a permit, the Zoning Administrator must find:

      1.   That the building will have no appreciable detrimental effect on the living environment and property values in the area into which the structure is to be moved.

      2.   That the building is in conformity with the quality of buildings existing in the area into which it is proposed to be moved.

      3.   That said building and the lot on which the building is to be located will conform to the requirements of this Zoning Title and other applicable codes, ordinances and regulations.

      4.   That its location on the lot does not in any substantial way adversely affect buildings or uses in abutting properties.

      5.   That all required dedications and improvements for streets and facilities and buildings shall be provided in conformity with the standards of the City.

      6.   That adequate provision has been made through the posting of a bond or other assurance that the building and grounds shall be brought up to the standard of a new building before it is occupied and that the vacated site shall be restored to a safe and sightly condition.

   C.   Other Applicable Homes: The requirements of this provision shall also apply to the moving of mobile homes, demountable homes, manufactured homes and similar movable structures, except when being moved from outside the City into a mobile home park. (Ord. 4-8-86, 4-8-1986)

Uses which are permitted on either portion of a lot, which lot is divided by a zone boundary line or which is contiguous with a zone boundary line, may be permitted to extend to the entire lot, but not more than one hundred feet (100') beyond the boundary line of such zone in which such use is permitted. Before a permit for such a use may be granted, however, the Board of Adjustment must find that the Comprehensive Plan of zoning will be maintained and that a more harmonious mixing of uses will be achieved thereby. (Ord. 4-8-86, 4-8-1986)

The Board of Adjustment may approve substitute parking locations and may reduce the amount of off-street parking required where sufficient off-street parking is readily available within the vicinity and/or where acquisition of land for such use is unnecessary in order to carry out the spirit of this Title. (Ord. 4-8-86, 4-8-1986)