(a)

Height.

(1)

The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors, flagpoles, electric display signs and necessary mechanical appurtenances.

(2)

Public or semipublic service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding 60 feet, and churches and other places of worship may be erected to a height not exceeding 75 feet when each of the required yards are increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located.

(3)

No structure may be erected to a height in excess of that permitted by the regulations of such airfield zoning regulations as may exist at the time and whose regulations apply to the area in which the structure is being erected.

(b)

Front yards.

(1)

Where 25 percent or more of the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building or buildings with front yards of less depth than required by this chapter, or where the configuration of the ground is such that conformity with the front yard provisions of this chapter would work a hardship, the zoning administrator may permit modifications of the front yard requirements.

(2)

In districts R-1 or R-2 where 25 percent or more of the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than is required by this chapter, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the zoning administrator.

(3)

In a residential district no fence, structure or planting higher than 3½ feet above the established street grades shall be maintained within 20 feet of any street intersection.

(4)

Open and unenclosed terraces or porches and eave and roof extensions may project into the required front yard for a distance not to exceed four feet, provided, however, that no supporting structure for such extensions may be located within the required front yard. An unenclosed canopy for a gasoline filing station may extend beyond the building line but shall never be closer to the property line than 12 feet. The building line of a gasoline filling station shall mean the actual wall of the building and shall not be interpreted as being the curb of a walk or driveway or as the front of a canopy or the columns supporting same.

(5)

Where an official line has been established for future widening or opening of a street upon which a lot abuts, then the width of a front or side yard shall be measured from such official line of the building.

(c)

Side yards.

(1)

On a corner lot the width of the yard along the side street shall not be less than any required front yard on the same side of such street between intersecting streets, provided, however, that the buildable width of a lot of record shall not be reduced to less than 30 feet.

(2)

No accessory building shall project beyond a required yard line along any street.

(3)

For the purpose of side yard regulations, a two-family dwelling or multi-family dwelling shall be considered as one building occupying one lot.

(4)

Where a lot of record at the time of the original effective date of the ordinance from which this chapter is derived is less than 50 feet in width, the required size yard may be reduced to provide a minimum buildable width of 30 feet, provided, however, that no side yard shall be less than five feet.

(5)

The area required in a yard shall be open to the sky, unobstructed except for the ordinary projections of window sills, cornices or other ornamental features.

(6)

A roof overhang, an open fire escape or an outside stairway may project not more than three feet into a required side yard, nor closer than three feet to a property line.

(d)

Rear yards. An accessory building not exceeding 20 feet in height may occupy not to exceed 25 percent, and unenclosed parking spaces may occupy not to exceed 80 percent of the area of a required rear yard but no accessory building shall be closer than five feet to any rear or side lot line.

(Code 1996, 153.065; Ord. No. 0002, 12-14-1995)

(a)

Special uses. The city council, in accordance with statutory requirements by an affirmative vote, may, after public hearing and proper notice to all parties affected and after recommendations from the zoning administrator containing such requirements and safeguards as are necessary to protect adjoining property, authorize the location of any of the following uses in the special district, provided the application shall be accompanied by a site plan drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities, size, height and construction of signs, locations of buildings and the uses to be permitted, means of ingress and egress to public streets, and the type of visual screening such as walls, plantings and fences:

(1)

Institutions of an educational, philanthropic or religious nature in any district;

(2)

Radio broadcasting towers and stations, television towers and television transmitting stations in any district;

(3)

Any installation of public utility, either privately or publicly owned, in any district (but not including offices);

(4)

Private clubs on a site of three acres or more in any district;

(5)

Hospitals on a site of five acres or more in any district;

(6)

Shopping centers or related commercial developments on a site of three acres or more in any district;

(7)

Apartment projects on a minimum site of 2½ acres or on one block of a street frontage between intersecting streets, whichever is smaller, in any district;

(8)

Professional offices for architects, engineers, landscape architects, attorneys, interior decorators and certified public accountants in any R-2 district;

(9)

Public stables on riding academies on a site of ten acres or more in any district;

(10)

Hotels and motels with related uses, on a site of five acres or more in any district;

(11)

Circuses, carnivals and other similar transit amusement enterprises in the business, commercial or industrial districts, but not within 300 feet of any R district;

(12)

Greenhouses or plant nurseries on a site of three acres or more in any district;

(13)

Beauty parlors and barbershops, neighborhood grocery stores and drug stores, washaterias and any other neighborhood services and businesses;

(14)

A tourist or trailer camp and/or trailer park and or HUD-code manufactured home camp and/or HUD-code manufactured home park or a recreational vehicle park (subject to regulations in chapter 156) may be located in a business, commercial and/or industrial district and its extension into an abutting residential district; providing, however, such tourist or trailer camps, trailer parks, HUD-code manufactured home camps and HUD-code manufactured home parks or recreational vehicle parks (subject to regulations in chapter 156) shall comply with the following, where applicable, and such additional requirements as may be deemed necessary for proper development and the protection of the surrounding area:

a.

All appropriate state and county sanitation regulations shall be strictly observed;

b.

At least 1,500 square feet of lot area per trailer shall be provided; no trailer or HUD-code manufactured home shall be parked closer to the street than 30 feet to any property line abutting or lying within an R district, nor closer than 20 feet to any other property line. A clearance of not less than 25 feet shall be maintained between trailer coaches or HUD-code manufactured homes on all sides;

c.

No service building or other facilities for bathing, laundry and sanitation as required by the state and local health regulations, shall be located closer to the street than the required front yard setback, nor closer than 30 feet to any property line abutting or lying within an R district, nor closer than 20 feet to any other property line. Such buildings or facilities shall be accessible to all trailer coaches by means of the access drive or hard surfaced walks;

d.

Wherever practical, space shall be reserved for recreation and a playground; and

e.

All HUD-code manufactured homes must be located within a HUD-code manufactured home park. Exceptions may be granted to any single HUD-code manufactured home owner who obtains written permission from all property owners within a 250-foot radius and furnishes the documents to the city manager. Exceptions are also granted to all existing HUD-code manufactured home owners to remain at locations established prior to the effective date of the ordinance from which this chapter is derived.

(15)

Any single HUD-code manufactured home owner must provide ten days' notice to all property owners within a 250-foot radius and furnish proof of notice to the permitting department. Forms shall be provided by the city.

(b)

Special use permit regulations.

(1)

In recommending that a special use permit for the premises under consideration be granted, the zoning administrator shall determine that such uses are harmonious with and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking and protective screening and open space.

(2)

Every special use permit granted under these provisions shall be considered as an amendment to the zoning regulations as applicable to such property under consideration. In granting such permit, the city council may impose conditions which must be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such special use permit; and such conditions shall not be construed as conditions precedent to the granting of a special use permit, or the change in zoning of such property, but shall be construed as conditions precedent to the granting of the certificate of occupancy.

(3)

No special use permit shall be granted unless the applicant, owner and grantee of the special use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the special use permit, as attached to the site plan drawing and approved by the zoning administrator.

(4)

A building permit shall be applied for and secured within six months from the time of granting the special use permit provided, however, that the city council may authorize an extension of this time upon recommendation by the zoning administrator.

(5)

When the city council authorizes granting of a special use permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditions and limited uses.

(Code 1996, 153.066; Ord. No. 0002, 12-14-1995)

The lawful use of land existing upon the original effective date of the ordinance from which this chapter is derived, although such use does not conform to the provisions hereof, may be continued, subject to the provisions hereof.

(1)

Previous use upon original date of ordinance. The lawful use of a building existing upon the original effective date of the ordinance from which this chapter is derived may be continued, although such use does not conform to the provisions hereof. Such use may be extended throughout such portions of the building as are arranged or designed for such use, provided no structural alterations, except those required by law or ordinance, are made therein. Structural alterations would include, but not be limited to, additions to an existing building, removal of interior walls for the purpose of additional business usage space, and remodeling the front of a building in order to promote the business within. If such nonconforming building is voluntarily removed, the future use of such premises shall be in conformity with the provisions of this chapter.

(2)

Discontinued use. In the event a nonconforming use of any building or premises is voluntarily discontinued for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located.

(3)

Change to conforming use. A nonconforming use, if changed to a conforming use or a more restricted nonconforming use, may not thereafter be changed back to a less restricted use than that to which it was changed.

(4)

Zoning changes. If, by amendment to this chapter, any property is hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this chapter relating to the nonconforming use of buildings or premises existing upon the original effective date of the ordinance from which this chapter is derived shall apply to buildings or premises occupied or used upon the effective date of such amendment.

(5)

Structural alterations require approval. Repairs and alterations may be made to a nonconforming building, provided that no structural alteration or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.

(6)

Destruction of property. A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other causes. In the case of practical destruction by fire or other causes not exceeding 50 percent of its value, the building inspector shall issue a permit for reconstruction. If destruction is greater than 50 percent of its value, the board of adjustment may grant a permit for repair or replacement after public hearing and having due regard for the property rights of the persons affected when considered in the light of public welfare and character of the areas surrounding the designated nonconforming use and the purpose of this chapter, provided, however, that construction is completed within 12 months from the date of the permit.

(Code 1996, 153.067; Ord. No. 0002, 12-14-1995)