(a)   "Restaurant", as used in Section 1135.01(c) and elsewhere in this Planning and Zoning Code, means establishments that are furnished and equipped with tables and chairs to seat at least seventy-five persons simultaneously and that service a clientele which consumes food and beverages on the premises and which is served to them by waitresses or waiters hired for such purpose.

   (b)   "Drive-in restaurants" includes establishments that provide sales and consumption of food on the premises, in automobiles, or serviced by carhops, or provide seating within the building for fewer than seventy-five persons simultaneously; or provide casual seating within the building for consumption of food without waiters or waitresses in attendance or engage in the sale of food with counter service for consumption of food within or without the premises.

(Ord. 34-1980. Passed 4-14-80.)

   "Side yard" means an open unoccupied space, on the same lot with a building, situated between the building and the side line of the lot and extending through from the street or from the front yard to the rear yard or to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line. (Ord. 121-1962. Passed 12-17-62.)

   "Single-family dwelling" means a dwelling entirely detached and independent from any other structure arranged, intended and designed to be occupied by a single-family; it shall contain not less than 780 square feet of floor area on the first floor in a two-story dwelling or one and one-half story dwelling; 1,050 square feet of floor area is required in a one-story dwelling; it shall consist of not less than three rooms, kitchen and a bath, and it shall have a full basement, There shall be provided upon the same lot with the one-family dwelling garage facilities for not less than one automobile. (Ord. 121-1962. Passed 12-17-62.)

   "Story" means that part of a building between a habitable floor and a habitable floor or roof next above except that an attic shall not be included to mean story.

   "Street line" means the dividing line between the street and the lot.

   "Street wall" of a building at any level means the wall or part of the building nearest the street line. (Ord. 121-1962. Passed 12-17-62.)

   "Two-family dwelling" means a detached dwelling arranged, intended and designed to be occupied by two families, one of which has its principal living rooms upon the first floor, and the other of which has its principal living rooms on the second floor, and shall consist of a basement of not less than 1,050 square feet of floor area, and not less than three rooms, living room, kitchen and a bath, for each family. There shall be provided upon the same lot with the two-family dwelling garage facilities for not less than two automobiles.

(Ord. 121-1962. Passed 12-17-62.)

   "Motel, motor lodge or auto court" means a group of attached or detached buildings containing individual sleeping or living units designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit. (Ord. 31-1965. Passed 5-10-65.)

   Any appeal or request for waiver of any section of this chapter pertaining to apartments and/or apartment houses and the facilities therefore shall be heard by Council. Any appeals and waivers granted shall be by resolution of Council, concurred in by a majority of Council.

(Ord. 174-1970. Passed 9-13-71.)

   "Habitable room" means a room or enclosed floor space used or intended to be used for living, sleeping or eating purposes, but excludes the following: kitchens, bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, boiler rooms, heater rooms, basement recreation rooms, interior rooms not provided with natural light and ventilation, and special purpose rooms shared by more than one dwelling unit.

(Ord. 95-1992. Passed 11-30-92.)

   No floor area, in any dwelling or part thereof, shall be considered as constituting "habitable floor area" unless such floor area meets at least the following minimum standards:

   The lot area covered by any structure, or building, enclosed or otherwise.

   Anything constructed or erected permanently or temporarily on, in or under the ground or attached or connected thereto, including, but not limited to, buildings, barriers, bridges, bulkheads, bunkers, chimneys, decks, patios, fences, garages, gazebos, outdoor seating facilities, platforms, poles, signs, spas, swimming pools, tanks, tents, towers, walks, walls, driveways, parking areas, walls and works of art.

   Junk yard means any place at which a junk dealer buys, exchanges, collects, receives, stores, accumulates, sells or otherwise handles junk. Junk means any personal property which is or may be salvaged for reuse, resale, reduction or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled or assorted for any such purpose. Without limiting the definition of junk, the term includes used or salvaged iron, brass, lead, copper and other base metal or metals, and their compounds or combinations, used or salvaged rope, bags, papers, rags, glass, rubber, lumber, bricks, tile, pipe, cement blocks, building materials and similar articles and used machinery and used construction equipment or property, and used motor vehicles which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

   This Planning and Zoning Code shall be enforced by the Building Commissioner under the rules and regulations of the Board of Zoning Appeals.

(Ord. 121-1962. Passed 12-17-62.)

   There shall be a Board of Appeals, to be known as the Board of Zoning Appeals, which is hereby established and which shall consist of five persons, to be appointed by the Mayor. The members of the Board shall be appointed for a term of five years each, provided that when the first Board is appointed hereunder, one member shall be appointed for one year, one for two years, one for three years, one for four years and one for five years.

   The Mayor may remove any member for cause. The Mayor shall appoint a new member to fill the unexpired term of a member whose place has become vacant.

(Ord. 22-1967. Passed 3-13-67.)

   All meetings of the Board of Zoning Appeals shall be public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or, if absent or failing to vote, indicate such fact. The Board shall adopt, from time to time, such rules and regulations as they may deem necessary to carry into effect the provisions of this Planning and Zoning Code.

(Ord. 121-1962. Passed 12-17-62.)

   Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Planning and Zoning Code, the Board of Zoning Appeals shall have power, in a specific case, to interpret any such provisions in harmony with its general purpose and intent, so that the public health, safety and general welfare may be secure and substantial justice done. (Ord. 121-1962. Passed 12-17-62.)

   Whenever the Board of Zoning Appeals has occasion to order a public hearing involving a change in the use of property, the following procedure shall be adhered to:

    When a proposed use is permitted in a zoning district as a conditional use as set forth in this Planning and Zoning Code, a conditional use permit is required prior to the issuance of a building permit. The owner, or authorized agent thereof, of property for which such conditional use is proposed, shall file with the Building Commissioner an application for a conditional use permit upon forms provided by the Building Commissioner. The Commission shall review each application in accordance with the following procedures.

   Application for a conditional use permit for development under the provisions of this Chapter shall require the submission of a development plan for the proposed use or building. However, based on the nature of the proposed conditional use, the Building Commissioner may waive certain submission requirements that are deemed unnecessary for the review and evaluation of such conditional use.

   The owner or owners of any building or premises or part thereof, where anything in violation of this Planning and Zoning Code shall be placed, or shall exist or be maintained, and any architect, builder or contractor who may be employed to assist in the commission of any such violation and all persons or corporations who shall violate or maintain any violation of any of the provisions of this Planning and Zoning Code, or who shall fail to comply therewith, or with any requirement thereof, or who shall build in violation of any detailed statement of plans submitted and approved thereunder, where no other penalty is provided shall, for each and every violation or noncompliance, be fined not more than one thousand dollars ($1,000.00). Each day during which such violation shall continue shall constitute a separate offense. (Ord. 121-1962. Passed 12-17-62; Ord. 31-1965. Passed 5-10-65.)

   In interpreting and applying the provisions of this Planning and Zoning Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, convenience and general welfare.

   The lot or yard areas required by this Planning and Zoning Code for a particular building shall not be diminished, and shall not be included as a part of the required lot or yard areas of any other building. The lot or yard areas of buildings existing at the time of the passage of this Planning and Zoning Code shall not be diminished below the requirements herein provided for buildings hereafter erected, and such required area shall not be included as a part of the required areas of any building hereafter erected.

   It is not intended by this Planning and Zoning Code to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law or ordinance, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor is it intended by this Planning and Zoning Code to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this Planning and Zoning Code imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger yards than are imposed or required by such existing provisions of law or ordinance, or by such rules, regulations or permits, or by such easements, covenants or agreements, the provisions of this Planning and Zoning Code shall control.

(Ord. 121-1962. Passed 12-17-62.)

   (a)   Council may, from time to time, on its own motion or petition, after public notice and hearing, amend the regulations and districts herein established. Every such proposed amendment shall be referred by Council to the Planning Commission for report. The report shall be returned to Council prior to its public hearing, which shall be held after thirty days' advertisement in a newspaper of general circulation in the City. Any such amendment that has failed to receive the approval of the City Planning Commission shall not be passed by Council except by a two-thirds vote.

   (b)   Whenever an amendment to the Planning and Zoning Code is proposed, and such amendment will transfer an area to a less restrictive use, height or area district, and a protest is presented, duly signed and acknowledged by the owners of at least twenty percent (20%) of the land adjacent to and within 200 feet of such area proposed to be transferred, such amendment shall not be passed except by a two-thirds vote of Council.

   (c)   Whenever the owners of fifty percent (50%) of the land in any area shall present a petition, duly signed and acknowledged, to Council requesting an amendment of the regulations prescribed for such area, it shall be the duty of Council to vote upon such amendment within ninety days of the filing of same by the petitioners with the Clerk of Council.

   (d)   If any area is hereafter transferred to another district, by a change in the district boundaries, by amendment, as provided in this section, the provisions of this Planning and Zoning Code with regard to buildings or premises existing at the time of the passage of this Planning and Zoning Code shall apply to buildings or premises existing in such transferred area at the time of the passage of such amendment. (Ord. 121-1962. Passed 12-17-62.)

   (e)   Whenever any owner, builder or person in interest requests a change in zoning of a particular lot, parcel or area, with the express purpose in view of construction of a particular building or buildings, the request for such change of zoning shall be accompanied by at least one typical drawing or plan of the proposed construction, which drawing or plan shall show front, side and rear elevations, and shall also show the proposed plot plan. Such plans or drawings shall be delivered to the Clerk of Council, who shall make it part of the permanent records of Council.

   (f)   Any subsequent deviations in the proposed construction and/or plot plan shall be submitted to Council for final approval or waiver.

(Ord. 65-1964. Passed 5-11-64.)

   The chapters, sections, districts and building lines forming part of or established by this Planning and Zoning Code and the several parts, provisions, paragraphs and subparagraphs and regulations thereof, are declared to be independent chapters, sections, districts, building lines, area, height regulations, limitations, parts, provisions and regulations, and the holding of any such subdivision, sections, districts, building lines, part, provisions or regulations thereof to be unconstitutional, void or ineffective for any cause, shall not affect nor render invalid any other such subdivision, sections, districts, building lines, parts, provisions or regulations thereof or hereof.

(Ord. 121-1962. Passed 12-17-62.)

   The Building Commissioner is authorized to issue use and occupancy certificates to applicants occupying or using premises in conformity with the provisions of this Planning and Zoning Code. The certificate shall show the address of such premises, the specific activity conducted therein and permitted under this Planning and Zoning Code and such additional information as the Commissioner may deem necessary.

   The certificate herein provided shall be mandatory for all uses other than single-family uses, shall continue in force as long as the activity for which it is issued is continued in the premises, the cost of which shall be set by separate ordinance by the City. No such certificate shall be issued for new construction unless the approved plans for such construction are fully complied with and completed, including construction of parking areas, sidewalks, driveways, landscaping, and recreation areas. Where a use and occupancy certificate is required by reason of a change in occupancy use of existing facilities, all remodeling of such facilities shall be completed and approved prior to the issuance of such certificate, or a cash bond equal to the amount of work to be done, ensuring the completion of such remodeling, approved by the Law Department, is posted with the City. Should the completion of landscaping and recreation areas be impossible of performance due to inclement weather, strikes, and similar reasons, such use and occupancy certificate may be issued upon the posting of a cash bond, equal to the amount of work to be performed, approved by the Law Department, guaranteeing such performance within a period of six months. The Building Commissioner may revoke such certificate if activities other than those provided in the certificate are being carried on. The Board of Zoning Appeals may supplement these provisions with appropriate regulations adopted by such Board after public hearing is had and certified to the Clerk of Council.

(Ord. 121-1962. Passed 12-17-62; Ord. 17-1973. Passed 3-26-73.)

   (b)   Nothing in this Planning and Zoning Code shall prevent the restoration of buildings, wholly or partly destroyed by fire, explosion, act of God or act of the public enemy, subsequent to the passage of this Planning and Zoning Code, or prevent a change of such existing use under the limitations provided in Section 1147.03.

   (c)   Nothing in this Planning and Zoning Code shall prevent the restoration of a wall declared unsafe by the Building Commissioner.

(Ord. 121-1962. Passed 12-17-62.)

   (a)   No owner, agent or person in charge of any dwelling structure used for purposes other than single-family uses shall rent or lease such structure or any part thereof for residential occupancy unless the owner thereof obtains a residential occupancy certificate issued by the Building Commissioner for such structure.

   (b)   Application for a residential occupancy certificate shall be made by supplying information necessary to determine compliance with applicable laws, ordinances, rules and regulations for the existing use or occupancy on forms supplied by the Building Department.

   (c)   If the owner of a dwelling structure resides outside of the County, he shall designate, in his application, an agent who is authorized by the owner to receive service of a notice of violation on the owner's behalf. The agent shall reside within the County, be eighteen years of age or older, and of sound mind. The owner shall supply the agent's name, current address and phone number on the application. The owner is obligated to notify the Building Commissioner, in writing, of any change in the agent's name, address and/or phone number.

   (d)   If it is found that the dwelling structure is in compliance with the City Building Code and all other laws, ordinances, rules and regulations, the Building Commissioner shall issue a residential occupancy certificate stating the

   (e)   A residential occupancy certificate shall be valid for one year after the issuance date, unless it is renewed before that time in the same manner that the original was issued.

   (f)   Copies of all applications and residential occupancy certificates shall be kept on file by the Building Department as a public record.

   (g)   The Building Commissioner shall have the power to revoke a residential occupancy certificate if:

   (h)   If the names, addresses and/or phone numbers of any person listed on a residential occupancy certificate change, the owner shall promptly notify the Building Commissioner, in writing, of the change, within seven days such change occurs. If the owner fails to notify the Building Commissioner in writing, the Building Commissioner may revoke the residential occupancy certificate until the owner supplies the Building Commissioner, in writing, with the changed name, address and/or phone number.

   (i)   In addition to revocation of the occupancy certificate, whoever violates subsection (h) hereof shall be fined not more than one thousand dollars ($1,000.00). Each three-month period that the violation continues shall constitute a separate offense.

   (j)   Upon discovery by the Building Commissioner that application for a residential occupancy certificate has not been made for a dwelling structure, notice shall be given to the owner of the structure to apply for an occupancy certificate within five days. Failure to comply within that time period shall be deemed a Building Code violation and shall subject the owner of the structure to the legal action and penalties prescribed herein.

   (k)   The owner, agent or person in charge of the dwelling structure shall openly post, at all times, the residential occupancy certificate at the main entrance. Such certificate shall contain the information required pursuant to subsection (d)(1) to (5).

   (l)   An application for a residential occupancy certificate shall be accompanied by a nonrefundable fee, in accordance with a separate schedule established by the City. No fee shall be charged for a dwelling unit occupied by the owner thereof.

   (m)   A residential occupancy certificate, issued under the provisions of this Building Code, is transferable whenever there is a change in the legal or equitable owner of record. Application for a transfer of a residential occupancy certificate shall be made on Building Department forms not more than thirty days after such change has occurred. The fee to be paid for each application of transfer shall be established by a separate ordinance by the City.

   (n)   A residential occupancy certificate issued pursuant to this Building Code shall become null and void whenever a change occurs in the use of the occupancy, in whole, or in part, of the structure without first obtaining a permit for such change. Application for a new residential occupancy certificate shall be made no more than thirty days after such change has occurred.

(Ord. 74-1988. Passed 8-17-88.)

   (a)   The City hereby finds that excessive uniformity, dissimilarity, inappropriateness or poor quality design in the exterior appearance of buildings, structures and uses in zoning districts for Single Family and Two Family Districts, Multiple Dwelling Districts, Apartment House Districts, Office Building Districts, Retail Districts, Commercial Districts, Manufacturing Districts, adversely affects the desirability of the affected zone and by so doing impairs the benefits of occupancy of existing real property in such zones, impairs the stability and value of both improved and unimproved real property in such zones, prevents the most appropriate development of such zones, produces degeneration of real property in such zones with attendant deterioration of conditions affecting the public health, safety, convenience, comfort, prosperity and general welfare of the inhabitants thereof and impairs the relationship between taxable value of real property in such zones and the cost of community services provided therefore. It is the purpose and intent of this chapter to prevent these and other harmful effects in all zoning districts, in the interest of promoting the public health, safety, comfort and general welfare; to promote the public conveniences and prosperity; to concert a value of buildings, structures and real property; and to encourage the most appropriate use of land within said districts.

   (b)   The Planning Commission shall act as an Architectural Review Board, with the consultation of the City’s Architect for all projects proposed in any zoning district, but only in the U-1 Single-Family District and the U-2 Two-Family District when there will be any addition or new construction, or any change of exterior materials on a residence.

   (c)   Upon receipt of a completed application for a use and occupancy certificate, or for any permitted principal building, structure or use or any addition or structural alteration thereto, that is required to be submitted to the Planning Commission, in any zoning district, shall be referred to the Planning Commission for compliance with this chapter (unless it is in a U-1 Single-Family District or a U-2 Two-Family District and there will be no additional or new construction nor any change of exterior materials on a residence). Any building, structure or use and any addition or structural alteration thereto that is required to comply with this chapter shall, upon application to the City for zoning approval, submit a plan showing the following:

   (d)   Upon review of an application following within the scope of this chapter, the Planning Commission shall consider the following architectural and landscape elements:

   The Planning Commission shall receive and promptly review and pass on all drawings, data and reports in the order filed, with reference to applications for building permits under any rules and regulations it may adopt. The Planning Commission shall notify the Building Commissioner and the Clerk of the City Council of the action taken in each instance. No building permit shall be issued unless plans and specifications therefore have been approved, in writing, by the Board for any use, building or structure, or additional alteration thereto that falls within the jurisdiction of this chapter. The plans shall be deemed submitted when filed with the Secretary of the Planning Commission in compliance with this chapter.

   (a)   “Alteration” means any appreciable change in the external architectural features of any structure or building, visible from a public way or from adjoining property.

   (b)   “Exterior Architectural Feature” means the architectural style and general arrangement of the exterior of the structure including the type and texture of building materials, all windows, doors, lights, signs and other fixtures appurtenant thereto.

   The Planning Commission in its capacity as Architectural Review Board shall:

      (Ord. 63-1989. Passed 8-14-89.)