3 - GENERAL PROVISIONS
(a)
No land or water shall hereafter be used, occupied, or altered except in full compliance with the provisions of this Code, unless specifically provided otherwise by this Code.
(b)
No use or activity shall hereafter be established, reestablished, located, extended, or expanded except in full compliance with the provisions of this Code, unless specifically provided otherwise by this Code.
(c)
No building or structure or part thereof shall hereafter be located, relocated, occupied or used, extended, converted, or structurally altered except in full compliance with the provisions of this Code, unless specifically provided otherwise by this Code.
(ULDC 2005, § 9-3-1-1)
Any use not specifically permitted as a use by right or specifically indicated as a special use in a given zoning district (or if applicable and controlling, in a given overlay zone) shall be prohibited in that zoning district or overlay zone if applicable and controlling.
(ULDC 2005, § 9-3-1-2)
Without limiting the generality of section 9-3-1-2, the following uses are expressly prohibited in the city:
(1)
Mobile homes and manufactured homes.
(2)
Mobile home parks and manufactured home parks.
(3)
The manufacture of or industries that produce: caustic or corrosive acids; chlorine or other noxious gases; explosives; fertilizer or glue; products involving hair or fur; and industrial uses involving a drop forge or using power hammers.
(4)
Solid waste landfills.
(5)
Tanning or finishing of leather or other hides, except taxidermy.
(6)
Hazardous waste disposal.
(7)
Petroleum refining.
(8)
Stockyards or animal feeding pens.
(9)
Peddlers and mobile vendors, except as may be permitted by the governing body in association with a public event.
(ULDC 2005, § 9-3-1-3; Ord. No. 2007-17, § II, 5-15-2007)
No building or structure shall be erected or use established unless upon a lot of record, as defined by this Code, unless specifically provided otherwise in this Code.
(ULDC 2005, § 9-3-1-4)
Only one detached, single-family dwelling unit under fee-simple ownership shall be permitted on a single lot of record. This section shall not be construed to prevent the location of more than one detached, single-family dwelling under condominium ownership on a single lot of record, where permitted, or the location of more than one nonresidential building on a single lot of record.
(ULDC 2005, § 9-3-1-5)
No building or structure shall hereafter be erected or altered so as to exceed the height limits established for the zoning district (or if applicable and controlling, for the overlay zone, including the Airport Overlay Zone in which the building or structure is located, or any height limits established for a specific building, structure, or use if regulated by article 9-10, or any other provision of this Code, except as otherwise specifically provided by this Code.
(ULDC 2005, § 9-3-2-1)
Except as may be otherwise required in the Airport Overlay Zone, height limitations of this Code shall not apply to chimneys, smokestacks, church spires and steeples, domes, flag poles, public monuments, observation towers, water towers, non-commercial radio and television towers, electricity transmission towers, utility poles, agricultural uses, such as silos and windmills, and similar structures.
(ULDC 2005, § 9-3-2-2)
(a)
No lot shall hereafter be developed with a number of housing units that exceeds the residential density for the zoning district (or if applicable and controlling, for the overlay zone) in which the lot is located as established by this Code.
(b)
No lot shall hereafter be platted, established, or developed unless it meets or exceeds the minimum lot size for the zoning district (or if applicable and controlling, for the overlay zone) in which the lot is located as established by this Code; provided, however, that where a zoning district or overlay zone allows the reduction of lot size such as in the case of a conservation subdivision, the overall density requirements for the applicable zoning district or overlay zone shall apply unless the context clearly indicates otherwise.
(ULDC 2005, § 9-3-2-3)
No lot shall hereafter be platted, established, or developed that fails to meet the minimum lot width for the zoning district (or if applicable and controlling, for the overlay zone) in which the lot is located as established by this Code, except as otherwise specifically provided.
(ULDC 2005, § 9-3-2-4)
(a)
No lot shall hereafter be platted, established, or developed that fails to maintain a minimum of 40 feet of street frontage on a public street, or on an approved private street; provided, however, that fee-simple lots for attached residential dwelling units (i.e., townhouses) may be platted to lot widths and with street frontages specified for such uses in this Code.
(b)
The street frontage requirements of this Code shall not prevent a building, structure, or activity from being accessed through an access easement, so long as the lot on which it is located meets the minimum required street frontage and provided, further, that the access easement is located in a zoning district that permits the use accessing the easement.
(ULDC 2005, § 9-3-2-5)
(a)
No lot shall hereafter be developed, and no building or structure shall hereafter be erected or altered in a manner to have narrower or smaller rear yards, front yards, or side yards than specified for the zoning district (or if applicable and controlling, by the overlay zone) in which the property is located, or for the specific use if yards and setback regulations specified in this Code pertain to the specific use.
(b)
Where this Code establishes a build-to line, no building or structure shall hereafter be erected or altered in a manner inconsistent with the build-to lines specified for the zoning district (or if applicable and controlling, by the overlay zone) in which the property is located, unless otherwise specifically provided in this Code.
(ULDC 2005, § 9-3-2-6)
No lot shall hereafter be developed, and no building or structure shall hereafter be erected or altered in a manner that exceeds the maximum building coverage or floor-area ratio specified for the zoning district (or if applicable and controlling, for the overlay zone) in which it is located, or for the use if specific regulations for such use are established by this Code.
(ULDC 2005, § 9-3-2-7)
No lot shall hereafter be developed, and no building, structure, or improvement shall hereafter be erected, installed, or altered in a manner that exceeds the maximum impervious surface coverage specified for the zoning district (or if applicable and controlling, for the overlay zone) in which it is located, or for the use if specific regulations for such use are established by this Code.
(ULDC 2005, § 9-3-2-8)
(a)
No lot shall hereafter be developed, and no building or structure shall hereafter be erected or altered in a manner to have less than the minimum percentage of landscaping or open space than specified for the zoning district (or if applicable and controlling, by the overlay zone) in which the property is located, or for the specific use if a minimum percentage of landscaping or open space for the specific use is required by this Code, except as otherwise specifically provided in this Code.
(b)
No lot shall hereafter be developed, and no building or structure shall hereafter be erected or altered in a manner that reduces the minimum required width of a landscape strip specified for the zoning district (or if applicable and controlling, by the overlay zone) in which the property is located, or for the specific use if a landscape strip for the specific use is required by this Code, except as otherwise specifically provided in this Code.
(ULDC 2005, § 9-3-2-9)
(a)
No lot shall hereafter be developed, and no building or structure shall hereafter be erected or altered in a manner to have narrower or smaller buffers than specified for the zoning district (or if applicable and controlling, by the overlay zone) in which the property is located, or for the specific use if buffers for the specific use are required by this Code, except as otherwise specifically provided in this Code. The application of buffer requirements established by this Code supersede minimum required yards.
(b)
No part of a required buffer shall be included as a part of the buffer required for another lot, building, or use.
(c)
No lot shall hereafter be developed, and no building or structure shall hereafter be erected or altered in a manner that encroaches on a required tree protection zone, unless otherwise specifically provided by this Code.
(ULDC 2005, § 9-3-2-10)
When a portion of a lot is acquired for a public purpose and such acquisition renders the lot with less than the required lot area, lot width, or not in compliance with other dimensional requirements of this Code or where such remaining lot has an existing building or structure that does not meet required building setbacks of this Code, the provisions of this chapter shall not be construed to prevent the development of the lot in accordance with requirements for nonconforming lots established in this Code; nor shall it be construed to prevent the continuation of the existing building or structure that otherwise conforms to the requirements of this Code.
(ULDC 2005, § 9-3-2-11)
3 - GENERAL PROVISIONS
(a)
No land or water shall hereafter be used, occupied, or altered except in full compliance with the provisions of this Code, unless specifically provided otherwise by this Code.
(b)
No use or activity shall hereafter be established, reestablished, located, extended, or expanded except in full compliance with the provisions of this Code, unless specifically provided otherwise by this Code.
(c)
No building or structure or part thereof shall hereafter be located, relocated, occupied or used, extended, converted, or structurally altered except in full compliance with the provisions of this Code, unless specifically provided otherwise by this Code.
(ULDC 2005, § 9-3-1-1)
Any use not specifically permitted as a use by right or specifically indicated as a special use in a given zoning district (or if applicable and controlling, in a given overlay zone) shall be prohibited in that zoning district or overlay zone if applicable and controlling.
(ULDC 2005, § 9-3-1-2)
Without limiting the generality of section 9-3-1-2, the following uses are expressly prohibited in the city:
(1)
Mobile homes and manufactured homes.
(2)
Mobile home parks and manufactured home parks.
(3)
The manufacture of or industries that produce: caustic or corrosive acids; chlorine or other noxious gases; explosives; fertilizer or glue; products involving hair or fur; and industrial uses involving a drop forge or using power hammers.
(4)
Solid waste landfills.
(5)
Tanning or finishing of leather or other hides, except taxidermy.
(6)
Hazardous waste disposal.
(7)
Petroleum refining.
(8)
Stockyards or animal feeding pens.
(9)
Peddlers and mobile vendors, except as may be permitted by the governing body in association with a public event.
(ULDC 2005, § 9-3-1-3; Ord. No. 2007-17, § II, 5-15-2007)
No building or structure shall be erected or use established unless upon a lot of record, as defined by this Code, unless specifically provided otherwise in this Code.
(ULDC 2005, § 9-3-1-4)
Only one detached, single-family dwelling unit under fee-simple ownership shall be permitted on a single lot of record. This section shall not be construed to prevent the location of more than one detached, single-family dwelling under condominium ownership on a single lot of record, where permitted, or the location of more than one nonresidential building on a single lot of record.
(ULDC 2005, § 9-3-1-5)
No building or structure shall hereafter be erected or altered so as to exceed the height limits established for the zoning district (or if applicable and controlling, for the overlay zone, including the Airport Overlay Zone in which the building or structure is located, or any height limits established for a specific building, structure, or use if regulated by article 9-10, or any other provision of this Code, except as otherwise specifically provided by this Code.
(ULDC 2005, § 9-3-2-1)
Except as may be otherwise required in the Airport Overlay Zone, height limitations of this Code shall not apply to chimneys, smokestacks, church spires and steeples, domes, flag poles, public monuments, observation towers, water towers, non-commercial radio and television towers, electricity transmission towers, utility poles, agricultural uses, such as silos and windmills, and similar structures.
(ULDC 2005, § 9-3-2-2)
(a)
No lot shall hereafter be developed with a number of housing units that exceeds the residential density for the zoning district (or if applicable and controlling, for the overlay zone) in which the lot is located as established by this Code.
(b)
No lot shall hereafter be platted, established, or developed unless it meets or exceeds the minimum lot size for the zoning district (or if applicable and controlling, for the overlay zone) in which the lot is located as established by this Code; provided, however, that where a zoning district or overlay zone allows the reduction of lot size such as in the case of a conservation subdivision, the overall density requirements for the applicable zoning district or overlay zone shall apply unless the context clearly indicates otherwise.
(ULDC 2005, § 9-3-2-3)
No lot shall hereafter be platted, established, or developed that fails to meet the minimum lot width for the zoning district (or if applicable and controlling, for the overlay zone) in which the lot is located as established by this Code, except as otherwise specifically provided.
(ULDC 2005, § 9-3-2-4)
(a)
No lot shall hereafter be platted, established, or developed that fails to maintain a minimum of 40 feet of street frontage on a public street, or on an approved private street; provided, however, that fee-simple lots for attached residential dwelling units (i.e., townhouses) may be platted to lot widths and with street frontages specified for such uses in this Code.
(b)
The street frontage requirements of this Code shall not prevent a building, structure, or activity from being accessed through an access easement, so long as the lot on which it is located meets the minimum required street frontage and provided, further, that the access easement is located in a zoning district that permits the use accessing the easement.
(ULDC 2005, § 9-3-2-5)
(a)
No lot shall hereafter be developed, and no building or structure shall hereafter be erected or altered in a manner to have narrower or smaller rear yards, front yards, or side yards than specified for the zoning district (or if applicable and controlling, by the overlay zone) in which the property is located, or for the specific use if yards and setback regulations specified in this Code pertain to the specific use.
(b)
Where this Code establishes a build-to line, no building or structure shall hereafter be erected or altered in a manner inconsistent with the build-to lines specified for the zoning district (or if applicable and controlling, by the overlay zone) in which the property is located, unless otherwise specifically provided in this Code.
(ULDC 2005, § 9-3-2-6)
No lot shall hereafter be developed, and no building or structure shall hereafter be erected or altered in a manner that exceeds the maximum building coverage or floor-area ratio specified for the zoning district (or if applicable and controlling, for the overlay zone) in which it is located, or for the use if specific regulations for such use are established by this Code.
(ULDC 2005, § 9-3-2-7)
No lot shall hereafter be developed, and no building, structure, or improvement shall hereafter be erected, installed, or altered in a manner that exceeds the maximum impervious surface coverage specified for the zoning district (or if applicable and controlling, for the overlay zone) in which it is located, or for the use if specific regulations for such use are established by this Code.
(ULDC 2005, § 9-3-2-8)
(a)
No lot shall hereafter be developed, and no building or structure shall hereafter be erected or altered in a manner to have less than the minimum percentage of landscaping or open space than specified for the zoning district (or if applicable and controlling, by the overlay zone) in which the property is located, or for the specific use if a minimum percentage of landscaping or open space for the specific use is required by this Code, except as otherwise specifically provided in this Code.
(b)
No lot shall hereafter be developed, and no building or structure shall hereafter be erected or altered in a manner that reduces the minimum required width of a landscape strip specified for the zoning district (or if applicable and controlling, by the overlay zone) in which the property is located, or for the specific use if a landscape strip for the specific use is required by this Code, except as otherwise specifically provided in this Code.
(ULDC 2005, § 9-3-2-9)
(a)
No lot shall hereafter be developed, and no building or structure shall hereafter be erected or altered in a manner to have narrower or smaller buffers than specified for the zoning district (or if applicable and controlling, by the overlay zone) in which the property is located, or for the specific use if buffers for the specific use are required by this Code, except as otherwise specifically provided in this Code. The application of buffer requirements established by this Code supersede minimum required yards.
(b)
No part of a required buffer shall be included as a part of the buffer required for another lot, building, or use.
(c)
No lot shall hereafter be developed, and no building or structure shall hereafter be erected or altered in a manner that encroaches on a required tree protection zone, unless otherwise specifically provided by this Code.
(ULDC 2005, § 9-3-2-10)
When a portion of a lot is acquired for a public purpose and such acquisition renders the lot with less than the required lot area, lot width, or not in compliance with other dimensional requirements of this Code or where such remaining lot has an existing building or structure that does not meet required building setbacks of this Code, the provisions of this chapter shall not be construed to prevent the development of the lot in accordance with requirements for nonconforming lots established in this Code; nor shall it be construed to prevent the continuation of the existing building or structure that otherwise conforms to the requirements of this Code.
(ULDC 2005, § 9-3-2-11)